Terms & Conditions

Feather Rental is operated by 1800Wheelchair.
(“Feather Rental,” “we,” or “our”).

 

By using the website located at http://www.featherwheelchairrental.com
and the related mobile website (collectively, the “Websites”), and the service
thereon (together with the Websites, the “Service”), you agree to be bound by
these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you
register as a member (a “Member”) of Feather Rental or Home Medical Supply
Center Inc. DBA 1800Wheelchair (“1800Wheelchair”) (a “Member”). If you wish to
become a Member and/or make use of the service (the “Service”), please read
this Agreement. If you object to anything in this Agreement or the Feather
Rental Privacy Policy, do not use the Service.

 

Feather Rental serves as a vendor for 1800Wheelchair. You
may use the Service to rent or purchase wheelchairs or other products offered
by 1800Wheelchair (the “Products”). By renting or purchasing a product, you
agree that you have read and agree to 1800Wheelchair’s Privacy Policy and any
other terms or policies on their website located at 1800wheelchair.com. Your
rental and/or purchase of a Product is also subject to any other terms set
forth by us or 1800Wheelchair (such additional terms, the “Rental Terms”).

 

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS,
INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE
THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

1. Electronic Agreement.

This Terms of Use is an electronic contract that sets out
the legally binding terms of your use of the Service. This Terms of Use is
subject to change by Feather Rental at any time, effective upon posting on the
Websites. By accessing and/or using the Service or becoming a Member, you
accept this Terms of Use and agree to the terms, conditions and notices
contained or referenced herein. Your continued use of the Service following
Feather Rental’s posting of revised terms of any section of the Terms of Use
will constitute your express and binding acceptance of and consent to the
revised Terms of Use.

 

1. Access and Retention.

In order to access and retain this electronic Agreement, you
must have access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
Please print a copy of this document for your records. To retain an electronic
copy of this Agreement, you may save it into any word processing program.

 

1. Eligibility.

You must be at least thirteen (13) years of age. By using
the Service, you represent and warrant that you have the right, authority and
capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement.

 

The Service is also not available to any users who have been
previously removed or suspended from the Service.

 

By using the Service, you represent and warrant that you
have the right, authority and capacity to enter into this Terms of Use and to
abide by all of the terms and conditions of this Terms of Use.

 

1. Commercial Use of Service.

If you are using and/or accessing the Service on behalf of a
company, entity, or organization (collectively, a “Subscribing Entity”), you
represent and warrant that:

 

a. You are an authorized representative of the Subscribing
Entity, and that you have the authority to bind the Subscribing Entity to this
Terms of Use;

 

b. You have read and understand this Terms of Use; and

 

c. You agree to this Terms of Use on behalf of the
Subscribing Entity.

 

Illegal and/or unauthorized uses of the Service include, but
are not limited to, collecting usernames and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email,
unauthorized framing of or linking to the Websites or Service, sharing or
disclosing your username or password to any third party or permitting any third
party to access your account, attempting to impersonate another user or person,
use of the Service in any fraudulent or misleading manner, any automated use of
the system, such as scraping the Websites, automated scripts, spiders, robots,
crawlers, harvesting or data mining tools or the like, interfering with,
disrupting, or creating an undue burden on the Service or the networks or
services connected to the Service, and using the Service in a manner
inconsistent with any and all applicable laws and regulations. Illegal and/or
unauthorized use of the Service may be investigated, and appropriate legal
action may be taken, including without limitation, civil, criminal, and
injunctive redress. Use of the Service is with the permission of Feather
Rental, which may be revoked at any time, for any reason, in Feather Rental’s
sole discretion.

 

1. Account Security.

You are responsible for maintaining the confidentiality of
the username and password that you designate during the registration process,
and you are fully responsible for all activities that occur under your username
and password. You agree to (a) immediately notify Feather Rental of any
unauthorized use of your username or password or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
Feather Rental will not be liable for any loss or damage arising from your
failure to comply with this provision. You should use particular caution when
accessing your account from a public or shared computer so that others are not
able to view or record your password or other personal information. If you
share your computer with others, you may wish to consider disabling your
auto-sign in feature if you have it linked to your Feather Rental account.

 

1. Your Use of the Service

a. You must not copy or capture, or attempt to copy or
capture, any content from the Websites or Service, unless given express
permission by Feather Rental.

 

b. You must not copy, republish, adapt, make available or
otherwise communicate to the public, display, perform, transfer, share,
distribute or otherwise use or exploit any content on or from the Websites
and/or Service.

 

c. You must not use any content in any way that is designed
to create a separate service or that replicates any part of the offering of the
Service.

 

d. You must not employ scraping or similar techniques to
aggregate, repurpose, republish or otherwise make use of any content.

 

e. You must not employ any techniques or make use of any
services, automated or otherwise, designed to misrepresent your activity on the
Service, including without limitation by the use of bots, botnets, scripts,
apps, plugins, extensions or other automated means to register accounts, log
in, send messages, post comments, or otherwise to act on your behalf, particularly
where such activity occurs in a multiple or repetitive fashion. You must not
offer or promote the availability of any such techniques or services to any
other users of the Service.

 

f. You must not alter or remove, or attempt to alter or
remove, any trademark, copyright or other proprietary or legal notices
contained in, or appearing on, the Websites or any content appearing on the
Websites.

 

g. You must not, and must not permit any third party to,
copy or adapt the object code of the Websites, or reverse engineer, reverse
assemble, decompile, modify or attempt to discover any source or object code of
any part of the Websites, or circumvent or attempt to circumvent or copy any
copy protection mechanism or access any rights management information pertaining
to content on the Websites.

 

h. You must not use the Websites to upload, post, store,
transmit, display, copy, distribute, promote, make available or otherwise
communicate to the public:

 

1. any content that is offensive, abusive, libelous,
defamatory, obscene, racist, sexually explicit, ethnically or culturally
offensive, indecent, that promotes violence, terrorism, or illegal acts,
incites hatred on grounds of race, gender, religion or sexual orientation, or
is otherwise objectionable in Feather Rental’s sole and reasonable discretion;

 

2 . any information, content or other material that
violates, plagiarizes, misappropriates or infringes the rights of third parties
including, without limitation, copyright, trademark rights, rights of privacy
or publicity, confidential information or any other right; or

 

3. any content that violates, breaches or is contrary to any
law, rule, regulation, court order or is otherwise is illegal or unlawful in
Feather Rental’s sole and reasonable opinion;

 

4. any material of any kind that contains any virus, Trojan
horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or
malicious component, which will or might overburden, impair or disrupt the
Service or servers or networks forming part of, or connected to, the Service,
or which does or might restrict or inhibit any other user use and enjoyment of
the Service; or

 

5. any unsolicited or unauthorized advertising, promotional
messages, spam or any other form of solicitation.

 

i. You must not commit or engage in, or encourage, induce,
solicit or promote, any conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law or regulation.

 

j. You must not rent, sell or lease access to the Service,
or any content on the Websites.

 

k. You must not deliberately impersonate any person or
entity or otherwise misrepresent your affiliation with a person or entity, for
example, by registering an account in the name of another person or company, or
sending messages or making comments using the name of another person.

 

l. You must not stalk, exploit, threaten, abuse or otherwise
harass another user, or any Feather Rental employee. If Feather Rental
determines that any user has threatened, stalked, harassed, or verbally abused
any Feather Rental employee or another Member, Feather Rental reserves the
right to immediately terminate that user’s membership and suspend access to the
Service.

 

m. You must not sell or transfer, or offer to sell or
transfer, any Feather Rental account to any third party without the prior
written approval of Feather Rental.

 

n. You must not collect or attempt to collect personal data,
or any other kind of information about other users, including without
limitation, through spidering or any form of scraping.

 

o. You must not violate, circumvent or attempt to violate or
circumvent any data security measures employed by Feather Rental; access or
attempt to access data or materials which are not intended for your use; log
into, or attempt to log into, a server or account which you are not authorized
to access; attempt to scan or test the vulnerability of Feather Rental’s
servers, system or network or attempt to breach Feather Rental’s data security
or authentication procedures; attempt to interfere with the Websites or the
Services by any means including, without limitation, hacking Feather Rental’s
servers or systems, submitting a virus, overloading, mail-bombing or crashing.
Without limitation to any other rights or remedies of Feather Rental under these
Terms of Use, Feather Rental reserves the right to investigate any situation
that appears to involve any of the above, and may report such matters to, and
cooperate with, appropriate law enforcement authorities in prosecuting any
users who have participated in any such violations.

 

 

You agree to comply with the above conditions, and
acknowledge and agree that Feather Rental has the right, in its sole
discretion, to terminate your account or take such other action as we see fit
if you breach any of the above conditions or any of the other terms of these
Terms of Use. This may include taking court action and/or reporting offending
users to the relevant authorities.

 

1. Membership; Pricing; Charges on Your Account.

a. General. The billing policies that are disclosed to you
in subscribing to the service are deemed part of this Terms of Use.
Notwithstanding anything herein, you are solely responsible for all taxes
associated with your use of the Websites and/or Service.

 

b. Billing. Feather Rental bills you through an online
account (your "Billing Account") for use of the Service. You agree to
pay Feather Rental all charges at the prices then in effect for any use of the
Service by you or other persons (including your agents) using your Billing Account,
and you authorize Feather Rental to charge your chosen payment provider (your
"Payment Method") for the Service. You agree to make payment using
that selected Payment Method. Feather Rental reserves the right to correct any
errors or mistakes that it makes even if it has already requested or received
payment.

 

c. Payment Method. The terms of your payment will be based
on your Payment Method and may be determined by agreements between you and the
financial institution, credit card issuer or other provider of your chosen
payment method.

 

d. Recurring Billing. You may use the Service to rent or
purchase a Product. Product rentals consist of an initial payment (the “Initial
Payment”), for which there is a one-time charge, followed by recurring (e.g.,
monthly) period charges as agreed to by you (each, a “Subsequent Payment”). You
acknowledge and agree that the Initial Payment is non-refundable. You may
cancel your subscription at any time in accordance with these Terms and avoid
Subsequent Payments that would have been charged after the date of
cancellation.

 

By entering into this Agreement, you acknowledge that your
subscription has an initial and recurring payment feature and you accept
responsibility for all recurring charges prior to cancellation. Feather Rental
may submit periodic charges (e.g., monthly) without further authorization from
you, until you provide prior notice (confirmed in writing by Feather Rental)
that you have terminated this authorization or wish to change your payment
method. Such notice will not affect charges submitted before Feather Rental
could reasonably act. For your convenience, we take your payment information so
that your Feather Rental membership will not be interrupted. We auto-renew your
membership at the level you selected. Your Feather Rental subscription will be
automatically extended for successive renewal periods of the same duration as
the subscription term originally selected, at the then-current non-promotional
subscription rate (if applicable).

 

e. Cancellation of Subscription; Return of Product. You may
cancel your subscription by (a) returning your Product after payment of the
Initial Payment, or (b) purchasing the Product in accordance with the Rental
Terms. To return your Product, simply affix the return label included with the
Product. If you do not receive a return label, or if you have any questions
about the return policy or procedure, please contact us at
info@featherchairrental.com or (855) 485-1645.

 

If and when you have made payments that, in the aggregate,
are equal to two times the then-current retail price of the Product, your
subscription will automatically terminate and you will have been deemed to have
purchased the Product. You may return the Product at your option, but you will
not be entitled to a refund of any monies paid.

 

All Products must be kept in good condition. If any Product
is returned damaged, we may charge your account for the cost of repairs.

 

f. Changes to Billing Method. You may change your Payment
Method in your account settings on the Service or by emailing us at
info@featherchairrental.com.

 

g. Current Information Required. YOU MUST PROVIDE CURRENT,
COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY
UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND
ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT
CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FEATHER RENTAL IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF
A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF
YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT
SETTINGS. IF YOU FAIL TO PROVIDE FEATHER RENTAL ANY OF THE FOREGOING
INFORMATION, YOU AGREE THAT FEATHER RENTAL MAY CONTINUE CHARGING YOU FOR ANY
USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR
SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY
FEATHER RENTAL).

 

h. Payment Method. The terms of your payment will be based
on your Payment Method and may be determined by agreements between you and the
financial institution, credit card issuer or other provider of your chosen
payment method.

 

i. Reaffirmation of Authorization. Your non-termination or
continued use of the Service reaffirms that Feather Rental is authorized to
charge your Payment Method. Feather Rental may submit those charges for payment
and you will be responsible for such charges. This does not waive Feather
Rental’s right to seek payment directly from you. Your charges may be payable
in advance, in arrears, per usage, or as otherwise described when you initially
subscribed to the Service.

 

1. Shipping; Shipping Costs and Taxes.

If you elect to make a purchase, your total price will
include the shipping costs and sales tax. Sales tax will depend on both your
shipping address and the sales tax rate in effect at the time you make a
purchase. If goods sold over the internet are not taxable in your state, you
will not be charged a sales tax. If your Product does not arrive or is damaged,
please contact us atinfo@featherchairrental.com or (855) 485-1645.

 

1. Repairs to Product.

If at any time your Product is damaged due to normal wear
and tear, we will send replacement parts or a replacement Product at no additional
cost, provided that you have sent us the broken Product or part(s). The
determination with respect to whether any damage is due to normal wear and tear
will be left to Feather Rental in our sole and absolute discretion. If you have
any questions with respect to damage to a Product, please contact us
atinfo@featherchairrental.com or (855) 485-1645.

 

10. Modifications to Service. Feather Rental reserves the
right at any time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that Feather
Rental shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.

 

11. Blocking of IP Addresses. In order to protect the
integrity of the Services, Feather Rental reserves the right at any time in its
sole discretion to block Members from certain IP addresses from accessing the
Websites and/or Service.

 

12. Term. This Terms of Use will remain in full force and
effect while you use the Websites and/or Service. You may terminate your
membership at any time by visiting your Dashboard on Feather Rental. If you
resign or cancel your membership to Feather Rental, to help Feather Rental
analyze and improve the Service, you may be asked to provide a reason for your
resignation/cancellation.

 

Feather Rental may terminate your membership for any reason
by sending notice to you at the email address you provide in your application
for membership, or such other email address as you may later provide to Feather
Rental. All decisions regarding the termination of accounts shall be made in
the sole discretion of Feather Rental. Feather Rental is not required to
provide you notice prior to terminating your membership. Feather Rental is not
required, and may be prohibited, from disclosing a reason for the termination
of your account. Even after your membership is terminated, this Terms of Use
will remain in effect. All terms that by their nature may survive termination
of this Terms of Use shall be deemed to survive such termination.

 

13. Third Party Content. Feather Rental may provide third
party content on the Websites and/or Service and may provide links to webpages
and content of third parties (collectively, the “Third-Party Content”) as a
service to those interested in this information. Feather Rental does not
control, endorse or adopt any Third-Party Content and makes no representation
or warranties of any kind regarding the Third-Party Content, including without
limitation regarding its accuracy or completeness. Please be aware that Feather
Rental does not create Third-Party Content, nor does Feather Rental update or
monitor it. Feather Rental is therefore not responsible for any Third-Party
Content on the Service. Users use such Third-Party Content at their own risk.

 

The Service may include links or references to other web
sites or services solely as a convenience to Feather Rental users
(collectively, the “Reference Sites”). Feather Rental does not endorse any
Reference Sites or the information, materials, products, or services contained
on or accessible through Reference Sites. In addition, your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service are solely between you and the relevant advertiser.
Access and use of Reference Sites, including the information, materials,
products, and services on or available through Reference Sites is solely at
your own risk.

 

14. Intellectual Property. Feather Rental, the Feather
Rental logos and any other product or service name or slogan contained in the
Service are trademarks of Feather Rental or our suppliers or licensors and may
not be copied, imitated or used, in whole or in part, without the prior written
permission of Feather Rental or the applicable trademark holder. Any authorized
use of these trademarks must be in accordance with any guidelines that Feather
Rental may provide you from time to time.

 

Feather Rental retains all proprietary rights in the
Websites and the Service, except where otherwise noted. The Service contains
the copyrighted material, trademarks, and other proprietary information of
Feather Rental, and its licensors. Except where we have given you express
written permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information. All content on
Feather Rental is proprietary. Except where otherwise specified in this
Agreement, all content is copyrighted material of Feather Rental and for
Feather Rental Members' use only. Distribution of any content from the Service
to others is strictly prohibited. You agree that Feather Rental would be
irreparably harmed by any violation or threatened violation of this section and
that, therefore, Feather Rental shall be entitled to an injunction prohibiting
you from any violation or threatened violation of this section, without posting
bond, in addition to any other right or remedy it may have.

 

You may not use any metatags or any other hidden text
utilizing “Feather Rental” or any other name, trademark or product or service
name of Feather Rental without our prior written permission. In addition, the
look and feel of the Feather Rental Service, including all page headers, custom
graphics, button icons and scripts, is the service mark, trademark and/or trade
dress of Feather Rental and may not be copied, imitated or used, in whole or in
part, without our prior written permission. All other trademarks, registered
trademarks, product names and company names or logos mentioned in the Service are
the property of their respective owners. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by us or any other affiliation.

 

The Service is owned and operated by Feather Rental. Unless
otherwise indicated, all content and other materials on the Service, including,
without limitation, Feather Rental’s logos, the visual interfaces, graphics,
design, compilation, information, software, computer code (including source
code or object code), services, text, pictures, information, data, sound files,
other files and the selection and arrangement thereof (collectively, the
“Materials”) are protected by United States copyright, trade dress, patent, and
trademark laws, international conventions, and all other relevant intellectual
property and proprietary rights, and applicable laws (including in your country
of residence).

 

15. Repeat Infringer Policy. In accordance with all
applicable laws around the world, Feather Rental has adopted a policy that it
will promptly terminate without notice any user's access to the Service if that
user is determined by Feather Rental to be a "repeat infringer." A repeat
infringer includes, without limitation a user who has been notified by Feather
Rental of infringing activity violations more than twice.

 

In addition, Feather Rental accommodates and does not
interfere with standard technical measures used by intellectual property rights
owners to protect their materials.

 

Please note that we do not offer refunds to Members whose
accounts are terminated as a result of repeated infringement of these Terms of
Use.

 

16. Limitation of Liability. In no event shall Feather
Rental be liable for any damages whatsoever, whether direct, indirect, general,
special, compensatory, consequential, and/or incidental, arising out of or
relating to the Websites or Service, or use thereof. Nothing contained in the
Websites or Service or in any written or oral communications from Feather
Rental or its employees or agents shall be construed to make any promise,
covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby,
contrary to the statements and disclaimers contained in this paragraph.

 

The content and functionality on the Websites and Service,
along with the services provided by employees of the Websites and Service, are
offered "as is" without warranty of any kind, either express or
implied, including, without limitation, implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement. Feather Rental
makes no warranties, express or implied, as to the ownership, accuracy,
completeness or adequacy of the Websites’ content or that the functionality of
the Websites or Service will be uninterrupted or error-free or free from virus
or third party attack. You hereby acknowledge that your use of the Websites and
the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FEATHER RENTAL,
ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS,
SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR
INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR
THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES
ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF FEATHER
RENTAL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND
REGARDLESS OF THE THEORY OF LIABILITY.

 

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN
NO EVENT WILL FEATHER RENTAL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY
WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE,
INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL,
COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION,
PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF
FEATHER RENTAL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE)
UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are
deemed to be unenforceable, to the greatest extent permitted by law, you agree
that the entire aggregate liability of Feather Rental and sole remedy available
to any Member in any case in any way arising out of or relating to the
Agreement, Websites or the Service shall be limited to monetary damages that in
the aggregate may not exceed the greater of $500.00 or the sum of any amount
paid by the Member or user to Feather Rental during the six months prior to
notice to Feather Rental of the dispute for which the remedy is sought.

 

17. Indemnity by You. You agree to indemnify and hold
Feather Rental, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, arising out of or related to your use of
the Service and/or Websites in violation of this Terms of Use and/or arising
from a breach of this Terms of Use including without limitation your
representations and warranties set forth above.

 

18. Attorney Fees. In the event that Feather Rental is
successful in whole or in part in any action or proceeding related to or
arising from this Terms of Use, you shall be responsible for Feather Rental’s
attorneys' fees and costs.

 

19. Parental or Guardian Permission.CHILDREN UNDER THE AGE
OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING
PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT
PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE FEATHER RENTAL THEIR
EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

 

20. Privacy.Use of the Websites and/or the Service is also
governed by our Privacy Policy, located
atwww.featherchairrental.com/terms_and_conditions.

 

21. Jurisdiction and Choice of Law; Dispute Resolution.If
there is any dispute arising out of the Websites and/or the Service, by using
the Websites and/or Service, you expressly agree that any such dispute shall be
governed by the laws of the State of Delaware, without regard to its conflict
of law provisions, and you expressly agree and consent to the exclusive
jurisdiction and venue of the state and federal courts of the State of
Delaware, for the resolution of any such dispute. Acceptance of the terms and
conditions of this Agreement constitutes your consent to be sued in such courts
and to accept service of process outside the State of Delaware with the same
force and effect as if such service had been made within the State of Delaware.
You hereby agree to accept service of process for any action hereunder by certified
mail return receipt requested which service shall have the same force and
effect as though service had been effected by personal service in the
applicable jurisdiction. If any part of these terms is unlawful, void, or
unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of the remaining provisions.

 

22. Arbitration Provision/No Class Action.Except where
prohibited by law, as a condition of using the Websites and/or Service, you
agree that any and all disputes, claims and causes of action (collectively,
"e;Claim"e;) arising out of or connected with the Websites
and/or Service, shall be resolved individually, without resort to any form of
class action, exclusively by binding arbitration for full and final settlement
of such Claim, and judgment on the award rendered in the arbitration may be
entered in any court having jurisdiction thereof. The parties shall split the
arbitration and/or mediator costs. An award rendered by the arbitrator(s) may
be entered and confirmed by the courts of the State of Delaware, County of New
Castle, or the United States District Court for the District of Delaware. The
parties agree that any post-arbitration action seeking to enforce an
arbitration award or action seeking equitable or injunctive relief shall be
brought exclusively in the courts of the State of Delaware, County of New
Castle, or the United States District Court for the District of Delaware.

 

23. Third Party Beneficiaries. 1800Wheelchair and its
subsidiaries are third-party beneficiaries of these Terms of Use. By accepting
these Terms of Use, you acknowledge and agree that 1800Wheelchair will have the
right (and will be deemed to have accepted that right) to enforce the Terms of
Use against you as a third party beneficiary. 1800Wheelchair is the sole third
party beneficiary and there are no other third-party beneficiaries of the
Terms.

 

24. Availability Outside the U.S. If you access Feather
Rental from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. If you access
the Websites or Service from outside of the United States, you acknowledge that
any personal information you provide will be processed in the United States and
other geographies as selected by us in our sole discretion, and you hereby
consent to the collection and processing of your personal information in a
manner consistent with this Agreement and the Privacy Policy.

 

25. Entire Agreement. This Terms of Use, along with the
Privacy Policy, contains the entire agreement between you and Feather Rental
regarding the use of the Websites and/or the Service.

 

26. Severability; Waiver. If any provision of this Terms of
Use is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Terms of Use, which shall remain in full force and effect.
No waiver of any term of this Terms of Use shall be deemed a further or
continuing waiver of such term or any other term. In addition, Feather Rental’s
failure to enforce any term of this Terms of Use shall not be deemed as a
waiver of such term or otherwise affect Feather Rental’s ability to enforce
such term at any point in the future.

 

27. Headings. The section headings contained in this Terms
of Use are for reference purposes only and shall not in any way affect the
meaning or interpretation of this Terms of Use.

 

Please contact us with any questions regarding this
agreement.

 

Feather Rental reserves all rights not expressly granted in
these Terms of Use.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE