FRENTER SOFTWARE LICENSE & TERMS OF SERVICE
Thank you for choosing to use Frenter's rental management software. This Software License & Terms of Service will cover your access to and use of our browser-based rental software and related services.To use our Services, you must comply with the Terms of Service. You represent that you are authorized to bind your organization to the Terms of Service and that the organization will comply with the Terms of Service.
If you don't understand or don't agree with the Terms of Service, please do not use the Services and instead contact Frenter to delete your account.
The Frenter browser-based solution offers the following features:
You are only granted those rights in the TOS unless Frenter authorizes you in a signed writing. Any violation of the TOS, including exceeding the scope of this limited license or any use not authorized by this license, will cause Frenter to forgeit his right to access and use the Services.
Use of the Services requires (A) a computer with an Intel Core i3 or newer processor and 4 GB of RAM (8 GB recommended); (B) the installation of the latest version of Firefox ESR or the latest version of Google Chrome; and (C) broadband internet access. If you do not meet these minimum system requirements, Frenter is not responsible for errors or interruptions of the Services. Internet Explorer 11 or greater is supported, but performance and features may be degraded. After August 11, 2021, Internet Explorer will no longer be supported.
Customers' Information includes, but is not limited to, (a)names, business names, email addresses, mailing addresses, and telephone numbers; (b) information regarding your equipment inventory, including but not limited to name, cost, price, detailed descriptions, rental rates, age, and demographics; (c)you must submit to Frenter All Information contained in the orders you submit, including, but not limited to, the names of your customers, the nature and quantity of items being rented, the amount paid by your customers, and the dates of the rentals; (d) your activity on the browser-based interface, IP address, as well as your web host in connection with the Frenter software.
In disclosing Customer Information, you represent and warrant that you have the right and authority to disclose all such Customer Information, including that owned by your customers.
By submitting Customer Information via the Services, you authorize Frenter to use such Customer Information in any way necessary for providing the Services.Data Security. If you're planning to set up an account and/or conduct business using the Services, you will need to provide certain Information about yourself, your account, and your personal details. You have taken appropriate security measures to agree that there is no such thing as perfect security online and that the following security measures are commercially reasonable and agreeable to you.
Data Transfers. All data transferred to and from Frenter, as agreed upon, will be made using the most up-to-date technology to keep it safe. For example, administrative accounts transfer data using encrypted connections.
Data Storage. Frenter employs high-security storage procedures in the process of Customer Information and the upkeep of the facilities. For example, various procedures process and store customer information in a highly-protected, up-to-date database.
Billing and Payment.
After you purchase your Services package, you must provide a credit card number. Prepaid subscription fees for the following calendar month will automatically be billed to this credit card unless otherwise agreed between you and Frenter. Subscribing to and using the Services authorizes Frenter to charge this credit card monthly. Alternatively, you may authorize Frenter to charge your credit card for one year of prepaid subscription fees, and Frenter will offer you a discount over the then-current monthly rate. Unless otherwise specified, prepaid subscription fees are not refundable.
Taxes. If you use the Services, you are solely liable for any federal, state, or local taxes that may be due. Your monthly fees will not be affected. If Frenter is required to collect or pay taxes as a result of providing the Services to you, such taxes will be included in the invoice. Delinquent Accounts. It is your sole responsibility to keep your payment information current with Frenter. Delinquent accounts will be immediately suspended for non-payment, and Frenter reserves the right to charge interest on any past-due amounts.
Account information (user ID, password, and challenge questions) is your sole responsibility. Frenter is not liable if failing to adequately protect your account information leads to unauthorized disclosure of Customer Information.
Unauthorized Use. You cannot sell, lease, sublicense, transfer, provide access to, or otherwise use the Services in any way other than specifically allowed under these Terms. Attempt to subvert the website's intent, defame, hurt, or violate other users' privacy. By clicking I Agree, you certify that you will not upload Customer Information containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You also certify that you will not submit Customer Information that you do not have the authority to disclose or that would constitute an infringement of any patent, trademark, copyright, trade secret, or other proprietary rights of any party, including but not limited to the proprietary rights of your customers. All of the foregoing actions constitute Unauthorized Use of the product. You will notify Frenter promptly of any unauthorized use you become aware of.
End User Compliance. You are solely responsible for ensuring that any individual users of the Services, including administrative users and employees ("End Users"), abide by the TOS. If you observe any unauthorized use of the Services by End Users, you will terminate that unauthorized use and report it to Frenter.
"Confidential Information" includes any information you or Frenter disclose to each other under this TOS, which is marked as confidential or would be considered confidential given the circumstances of disclosure. Customer Information, Information transmitted to Frenter by the Frenter web-based system, and reports prepared by Frenter as part of the Services constitute Confidential Information. Information about Frenter's Services may include computer systems, software, correspondence, reports, processes, data, methodologies, and all media containing such Information.
You, Frenter, shall not disclose the other's Confidential Information and shall not use the other's Confidential Information except as necessary to enforce the rights or comply with the obligations of the TOS. Both parties shall take care to keep the other's Confidential Information secure and shall apply the same standard of care to the other's Confidential Information as he or she would use to protect his or her own Confidential Information.Confidential Information does not include (a) information that the recipient knew before it was disclosed; (b) becomes public without the recipient's fault; (c) developed by the recipient without access to the disclosing party's Confidential Information, or (d) came from a third party.
You or Frenter may disclose the other party's Confidential Information if required by law or by court order, but you have to (i) let the party that owns the confidential Information know and (ii) give that party an opportunity to try to limit or prevent such disclosure through legal means.
1. Frenter's Intellectual Property. The trademarks are Frenter's intellectual property. They own all rights, titles, and interests in and to the Services and all computer systems, software, correspondence, reports, processes, data, methodologies, images, graphics, and trademarks worldwide. Nothing in this TOS or your use of the Services grants you any rights to use the Frenter Intellectual Property.
2. Your Intellectual Property. All right, title, and interest in and to the Customer Information remain with you. The TOS or the use of the Services do not give Frenter any rights in your intellectual property, except where necessary for Frenter to provide the Services.
In its sole discretion, the site reserves the right to modify, temporarily suspend, or discontinue the services at any time. If the site changes, that do not affect how it operates or the costs for the service. It does not need to notify you. Any time Frenter alters the services, we will inform you via email to the email account tied to the account.
Any time Frenter adjusts the price of its Services, Frenter will give you a notice at least 30 days in advance to the email associated with your designated administrative account. If you don't contact Frenter within ten (10) days of receiving the email, you will be deemed to have accepted the new price and if you chose to pay monthly with automatic payment, authorized Frenter to charge your account the next time.
In addition, Frenter reserves the right at any time to modify these Terms of Service at its sole discretion by posting such changes at this URL or any other URL designated by Frenter. If such changes are made, you will be deemed to have accepted them each time you access the Services.
TERMINATION AND SUSPENSION OF ACCOUNTS
Suspension by Frenter. You or any End User's account may be suspended at any time if, in Frenter's sole discretion, (a) an End User has violated the TOS; (b) there is a security issue that could disrupt the Services for you or any other user; (c) your account information has been accessed without authorization by a third party, or (d) your account is delinquent. The suspension will last as long as necessary until it is assured that Frenter has successfully resolved the issue.
Termination by Customer.
For Breach. You must notify Frenter of any violation of these TOS, including your intention to terminate, in the case of a breach by Frenter. When Frenter fails to cure its breach within thirty (30) days from the date you receive your notice, your account will be terminated on the last day of the then-current billing period.
For Convenience. You may terminate your subscription to the Services by delivering a written notice to Frenter thirty (30) days in advance. A 30-day notice period will end on the final day of the billing period following termination. Upon termination, prepaid subscription fees will not be refunded.
Termination by Frenter. Any user on this platform may have their account terminated at the sole discretion of Frenter if the account holder is provided a 30-day written notice to this end by email to the administrative account. It is always in your best interest to follow the terms of service, as the last thing you want is for your account to be terminated by Frenter.Effect of Termination. Upon termination of your account - whether by you or by Frenter - we will retain Customer Information on Frenter 's or its vendors' servers for 30 days. If such Information is retrieved, Frenter reserves the right to charge a processing fee. After thirty days, Frenter reserves the right to delete Customer Information if you have not requested or retrieved it. Frenter will not be liable for any Customer Information deleted more than thirty (30) days after termination.
INDEMNIFICATION BY YOU OF FRENTER
You agree to hold harmless and indemnify Frenter, Inc., its affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them from and against any claim or demand made by any third party, including all costs, liabilities and legal fees, due to or arising out of your use of the Services and any breach by you of the Terms of Service, including without limitation any violation of applicable law.
(i) a third-party claim against the Customer; or if you violate these TOS, including any unauthorized use of the services.; and/or (iii) the use, failure to use, or inability to use the Services, caused directly or indirectly by you.
Frenter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Frenter, and you agree to cooperate with Frenter's defense of these claims. You agree not to settle any matter without Frenter's prior written consent. Frenter will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it, but no failure or delay of Frenter to notify you will waive Frenter's right to indemnification.
INDEMNIFICATION BY FRENTER OF YOU
Frenter will reimburse you for the damages that it may be liable for as a result of claims made by third parties who allege that the Services violate a patent, copyright, trademark, or trade secret; the compensation Frenter will pay will be reduced, though, to the extent that your use of the Services amounts to modification or unauthorized use.
Frenter may provide the exclusive defense of a claim made against you provided that you promptly put the matter at issue at Frenter's disposal and provide full cooperation to Frenter. All defense costs (including attorney's fees) are at Frenter's expense. However, Frenter agrees to settlement only if you agree to be released from all liability.
In the event of such a claim, Frenter may, in its sole discretion, (a) allow you to continue using the Services; (b) provide a functionally equivalent replacement service that is non-infringing; or (c) if none of these options is commercially reasonable, Frenter may terminate the TOS and refund any prepaid fees.
IN THE EVENT OF AN ALLEGED VIOLATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHT BY THE SERVICES, THIS INDEMNITY WILL BE YOUR SOLE REMEDY UNDER THE TOS.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IN ADDITION, FRENTER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, AND NON-INFRINGEMENT.THE COMPANY WILL NOT BE RESPONSIBLE FOR A GOOD EXPERIENCE FOR THE USER WITH THE SERVICES. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE SUPPLIERS, LICENSORS, LICENSEES, OR SERVICE PROVIDERS, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.USING OUR SERVICES, YOU UNDERSTAND THE POTENTIAL RISKS AND THAT NEITHER FRENTER, NOR ANY OF OUR AFFILIATES NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS ARE LIABLE FOR ANY SUCH DAMAGE.YOU UNDERSTAND AND AGREE THAT FRENTER, ITS AFFILIATES, AND OUR MEMBERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) IN NO EVENT WILL THE TOTAL AMOUNTS YOU PAID UNDER THESE TOS EXCEED OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE. IF YOU ARE NOT SATISFIED WITH ANY SERVICE OR TERMS OF THESE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICE. IF ANY PART OF THIS LIABILITY LIMITATION IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND FORUM
This TOS and the relationship between you and Frenter will be governed by the laws of the State of Texas without regard to its conflict of law provisions. Unless you and Frenter agree, you will submit to the personal and exclusive jurisdiction of the courts located in or near Tarrant County, Texas.
Regardless of any laws to the contrary, any claims or disputes related to using the Website or this TOS must be filed within one year of the incident. The prevailing party in the dispute will be entitled to its legal expenses incurred in connection with the incident, including but not limited to both taxable and non-taxable costs and reasonable attorney's fees.
Frenter's Terms of Service constitute the entire agreement between you and Frenter relating to the subject matter herein and supersede all previous agreements between you and Frenter unless otherwise agreed in writing and signed by both parties.
Any provision of the TOS that is unlawful, void, or unenforceable shall be deemed severable from the TOS and shall not affect the validity or enforceability of any remaining provisions.
These Terms of Service do not create any form of agency, partnership, joint venture, or employer-employee relationship, and you have no authority to bind Frenter in any way.Frenter has the right to assign its rights and obligations under the Terms of Service, and these Terms of Service will pass on to any successors or affiliates that Frenter may have. Frenter is prohibited from assigning its rights and obligations.
For example, the lack of willingness to ensure strict compliance with all the terms of the TOS, or to exercise any of our rights according to the TOS, does not mean we waive any rights. Rather, it remains valid and fully operational.