Agreement to Terms of Use
These Terms of Use (“Terms of Use”) apply to the Barco Rent-A-Truck (“Barco”) website located at https://www.barcoautosales.com/, as well as any other related websites of Barco (collectively, the “Website”), and to your purchase of trucks or other vehicles, products or services (“Products”) on the Website.
BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR PURCHASE VEHICLES OR OTHER PRODUCTS THROUGH THE WEBSITE. Please read these Terms of Use carefully. Barco reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by Barco. It is your responsibility to refer back to this page from time to time for any such updates or changes.
Subject to your compliance with these Terms of Use, Barco grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Website and its contents. The Website provides information and certain services related to Barco’s Products and services.
Privacy
Barco collects and processes personal data in connection with operating the Website and its business and selling Products. Please refer to Barco’s Privacy Policy, which is incorporated into this Terms of Use, and informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that Barco cannot ensure or warrant the security of any information transmitted to or from us.
Your Barco Account
Some features of the Website will require you to set up an account with Barco, such as using the Website to purchase products from Barco. If you use the Website to set up an account with Barco, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that Barco is not responsible for third party access to your account that results from theft or misappropriation of your account. You may not assign or transfer your account to any other person or entity without Barco’s consent.
Restrictions on Use of Website and Barco Materials
As a condition of your use of the Website, you warrant to Barco that you will not use the Website or Barco Materials (as defined in the “Ownership” section below) for any purpose that is unlawful or that is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree:
- You will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
- You will not obtain or attempt to obtain any materials or information on or through the Website through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
- You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
- Your User Content will not contain any libelous or unlawful material or any materials or instructions that may cause harm or injury, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website or other Barco Materials other than for their authorized purposes. You will use Barco Materials solely for your own internal purposes, unless you have obtained the express written permission of Barco.
- You will not delete or alter any proprietary rights or attribution notices in any content or Barco Materials obtained through the Website.
- You agree that you do not acquire any ownership rights in any content posted by Barco, its licensors, or other third parties, or in any Barco Materials. We do not grant you any rights or licenses, express or implied, to any Website content or Barco Materials except as expressly provided in these Terms of Use, in connection with such content or materials, or as contained in a binding contract between you and Barco.
Indemnification
You will indemnify Barco and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content; your misuse of the Website, the Products or Barco Materials; or your violation of these Terms of Use.
Suspension or Termination of Account or Website Access
Barco reserves the right, in its sole discretion, to suspend or terminate your account or your access to the Website, to terminate or delete any content (including your User Content and Product offerings) or Barco Materials, and/or to cease providing any Products or services at any time, without notice and without any liability to you, for any reasonable cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Website, or technical problems.
Third Party Linked Sites and Services
Certain services made available through the Website are delivered by third party websites that the Website links to (“Linked Sites”), such as social media, credit card processing, and seminar registration. The Linked Sites are not operated or controlled by Barco, and Barco is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Barco is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Barco of the site or any association with the owners or operators of the Linked Site.
Your personal data and information may be shared with the third parties who provide services to Barco and our customers, including Linked Sites (for example, credit card processors), where permitted by law and subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.
Ownership
All content and materials on the Website or made available through the Website, including articles, videos, text, software, graphics, logos and images (“Barco Materials”), are the property of Barco or its suppliers or licensors. All Barco Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any Barco Materials.
Your personal data and any data, information or materials you upload or post on the Website (“User Content”) remains your property, subject to the rights of use contained in these Terms of Use and the Privacy Policy. If you provide any suggestions, ideas or feedback to Barco (“Feedback”), Barco shall have a royalty-free right to use such Feedback and incorporate it into Barco’s products and services.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN YOU AND BARCO IN A WRITTEN CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL BARCO MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND BARCO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. BARCO DOES NOT WARRANT THAT THE WEBSITE, BARCO MATERIALS OR ITS PRODUCTS OR SERVICES ARE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BARCO OR ITS PERSONNEL SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY BARCO, IN NO EVENT SHALL BARCO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE OR BARCO MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BARCO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.
Takedown Notices
We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Barco Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.
International Users
The Website is controlled, operated and administered by Barco from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.
General Terms
These Terms of Use are governed by the laws of the State of Utah. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.
Barco’s provision of the Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Barco’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.
If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Barco with respect to the Website. Except for the Privacy Policy and any binding contract between you and Barco, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Barco with respect to the Website.
Barco’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Barco will not be deemed to modify any provision of these Terms of Use. These Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Barco.
Barco Contact Information
You may send us notices, questions or comments regarding these Terms of Use at the following:
Barco Rent-A-Truck
717 S. 5600 W.
Salt Lake City, UT 84104
Email: software@barcotrucks.com
Telephone number: 1(800) 453-4761
Effective as of February 7, 2022