Terms & Conditions


BY PLACING YOUR ORDER WITH MEETING TOMORROW, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

General

Meeting Tomorrow only provides rentals and services for businesses, non-profits and other organizations. By placing your order you agree that you will not be using the rental equipment for individual or private use. If you have questions about this policy please call us at 1-877-633-8866.

All equipment rented and services rendered are subject to the following terms and conditions. Please review them thoroughly before accepting the terms and conditions. The terms "Meeting Tomorrow," "we" or "our" mean Meeting Tomorrow, Inc. The terms "you" or "yours" refer to the customer renting equipment or ordering services. ALL ORDERS PLACED BY YOU WILL BE SUBJECT TO THESE TERMS AND CONDITIONS UNLESS OTHERWISE AGREED BY THE PARTIES IN WRITING.

Entire Agreement

Acceptance of orders, whether oral or written, is based on the express condition that you agree to all of the terms and conditions contained herein. Acceptance of delivery by you will constitute your assent to these terms and conditions. These terms and conditions together with Meeting Tomorrow's order confirmation represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein and in Meeting Tomorrow's order confirmation shall be binding upon Meeting Tomorrow unless made in writing and signed and approved by an officer of Meeting Tomorrow. No modification of any of these terms will be effected by Meeting Tomorrow's shipment of goods following receipt of your order or any forms containing terms and conditions conflicting or inconsistent with the terms herein and in Meeting Tomorrow's order confirmation.

Rental Fees

In consideration of your rental of Meeting Tomorrow equipment, you agree to pay the applicable rental fees set forth in your order confirmation. Rental fees begin accruing on the specified starting date submitted with your lease order and will continue through the day the equipment is delivered by you to FedEx or picked up by other courier as described below.

If equipment remains unreturned after your initial rental period, rental fees will continue to accrue at the daily rental rate.

Services Fees

You may order one or more audio visual services from Meeting Tomorrow in connection with any equipment rental. In consideration of your ordering services from Meeting Tomorrow, you agree to pay the service fees set forth in your order confirmation.

Additions

It is common for Meeting Tomorrow customers to determine immediately at or before an event that equipment or services, not originally contracted for, is necessary for such event. You agree to pay for any additional equipment rentals or billable services requested by you and not included in the order confirmation, which will be billed to you in accordance with Meeting Tomorrow's then current standard pricing and guidelines.

Accidental Damage Insurance

Meeting Tomorrow's accidental damage insurance covers any non-intentional damage incurred to the equipment during your rental period. If you have elected this coverage, please note this does not cover intentional damage, damage related to weather, gross negligence, theft or loss.

Responsibility for Equipment

You agree to inspect the equipment upon receipt and immediately notify Meeting Tomorrow of any damages, malfunction or missing components so that Meeting Tomorrow can take appropriate measures. Failure of Customer to notify Meeting Tomorrow immediately upon receipt of the equipment of any damage shall be considered confirmation that the equipment is in good working order and your acceptance of same.

Once the equipment has been delivered to your specified location, it is your responsibility to ensure that the equipment is not stolen, damaged, or otherwise harmed. You are responsible for any damages, loss or theft related to the equipment until such equipment is delivered by you to Meeting Tomorrow technician, FedEx or courier as described below.

Equipment Delivery and Return

All equipment will be delivered either via FedEx or alternate means which will be determined at the time your order is placed:

1. FedEx
Delivery
Your specified point of delivery should be your office address, home address or other address where you are assured that someone trustworthy will be present to sign for and receive delivery of the equipment. A signature is required for delivery or pickup of the equipment unless waived by customer. Any refused or returned deliveries will be processed as a completed rental transaction, with the full lease, service and other fees assessed against you in addition to all other fees and charges provided in these terms and conditions.

Return
A prepaid shipping label will be included with your rental item. You are responsible for getting the item to FedEx on the last day of your rental period by 5:00 PM. You may leave the item in a FedEx drop-box or any secure FedEx pick-up location.

2. Alternate means
Delivery
If a technician has been requested for setup and/or onsite support, the technician will deliver and setup up the equipment. If you do not require a technician to set up the equipment, it will be delivered by a courier to your secure location and must be signed for.

Return
Following the conclusion of your rental, the equipment will be picked up via courier or technician (if strike is required). Before the courier arrives, make sure that your rental items are repackaged in the same manner in which they arrived. You are responsible for getting the item to the courier on the last day of your rental period in time to be delivered back to Meeting Tomorrow.

Technical Assistance

Should you encounter any difficulties with the set-up or operation of your rental equipment, please contact us at 1-877-633-8866. If your problem occurs after our regular business hours, please call 1-877-633-8866 and select Option 6 to be connected with our 24-hour technical assistance staff. Meeting Tomorrow will only consider order adjustments for equipment problems when our technical staff has the opportunity to remedy the problem.

Depending on the caliber of equipment requested, Meeting Tomorrow may recommend that an operating technician(s) should be present to ensure all technical components of your event run smoothly. In the event you refuse to have an operating technician in such case, Meeting Tomorrow will not be held responsible for any technical failures during your event.

Cancellation Policy

You may cancel your order by providing written notice at least three business days prior to the beginning of your rental period and receive either a refund or a credit towards a future order less 25% non-refundable cancellation fee.

Examples:

To be eligible for a refund less a 25% cancellation fee, an order placed for a rental period
- Beginning on a Friday must be cancelled by the preceding Monday.
- Beginning on a Monday must be cancelled by the preceding Tuesday.
- Beginning on Saturday or Sunday must be cancelled by the preceding Tuesday.

If you cancel your order three days or less prior to the beginning of your rental period, you will not receive a refund but will still be eligible for a credit towards a future order. Any cancellations made the same day as the rental date or after delivery has been made will not be eligible for a credit or refund. This includes cancellations for orders placed the same day as your rental date. Any cancellation made the same day as the rental date or after delivery has been made will be treated as a completed lease transaction, with the full lease and other fees provided in these terms and conditions assessed against you.

Sales/Use Taxes

Applicable sales or other transaction taxes imposed on us in connection with your order or rental of the equipment or rendering of services will be added to the rental fees payable by you. Applicable use or other transaction taxes imposed on you in connection with your order or rental of the equipment or rendering of services are solely your responsibility to report and pay.

Security Deposits

For certain high-end equipment rentals, to help protect us against loss, damages or theft of the equipment, we reserve, at our discretion, the right to require a security deposit approximating fifty percent (50%) of the retail value of all equipment items rented. If a security deposit is required with your order, we may authorize your credit card an amount equal to the security deposit. The security deposit will be released to you upon return to us of the equipment in the same condition as delivered to you. The retail value of the equipment, and therefore the amount of the security deposit, will be determined by us in our sole discretion.

Certificate of Insurance

For certain high-end equipment rentals, to help protect us against loss, damages or theft of the equipment, we reserve the right to require a certificate of insurance to insure all equipment items rented. The replacement cost of the equipment, and therefore the amount insured under the client’s policy, will be determined by us in our sole discretion. Detailed instructions will be provided in these instances.

Credit Card Authorization

We may require you to provide us with a credit card charge authorization form in connection with any lease or service transaction, including any required security deposits. Any lease fee or service fee plus any additional fees, charges and other amounts due us as provided in these terms and conditions may be charged to your credit card account. In the event your credit card is declined, for any reason, we shall have the right to consider the event cancelled, in which case the terms of our "Cancellation Policy" above shall apply.

Liquidated Damages

Title to the equipment will at all times remain the sole property of Meeting Tomorrow. If any equipment is damaged, lost or stolen while in your possession or control, or is returned to Meeting Tomorrow more than five days after the specified return date for any reason we will have the right to charge you or your credit card for an amount equal to the retail replacement value of the applicable equipment plus any outstanding lease fees, shipping charges and taxes with respect to that equipment as liquidated damages. You agree and acknowledge that the damages provided for this paragraph are intended as compensation to us, are a reasonable calculation of our damages, and not intended to be a punishment or penalty because of damage we would suffer by way of loss, theft or return more than five days after the specified return date are incapable or very difficult of accurate estimation for a variety of reasons including, without limitation, our recovery of anticipated profit and lost sales due to unavailability of equipment.

Non-Solicitation

In an effort to maintain its status of one of the leading providers in its industry, Meeting Tomorrow expends significant sums of money to train and maintain a quality workforce, as well as maintaining relationships with vendors throughout the United States. Accordingly, you agree that you shall not (and continuing for a period of 12 months from the last date Meeting Tomorrow provides goods or services to you) solicit, hire, or contract with, directly or indirectly, any employee, partner, subcontractor or vendor of Meeting Tomorrow for the purpose of obtaining services directly competitive with the services provided by Meeting Tomorrow. You acknowledge that in such case Meeting Tomorrow will suffer irreparable damages.

Warranties

The equipment rented will be in good working order upon delivery. If you order audio visual services from Meeting Tomorrow, those services will be performed in a good and workmanlike manner. THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEETING TOMORROW UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE EQUIPMENT OR SERVICES EXCEPT OTHERWISE PROVIDED IN THIS AGREEMENT. MEETING TOMORROW ASSUMES NO RESPONSIBILITY THAT THE EQUIPMENT OR SERVICES WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE LEASING THE EQUIPMENT OR ORDERING THE SERVICES, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.

Refunds and Limitation of Liability

Meeting Tomorrow's liability hereunder in any case is expressly limited, at Meeting Tomorrow's election, to repair or replacement (in the form originally shipped) of equipment not complying with this agreement, to use commercially reasonable efforts to re-perform or cause the re-performance of audio visual services in substantial compliance with the above warranty or to the repayment of, or crediting you with, an amount equal to the excess of the amount actually paid by you for the equipment rental and services over the reasonable value (as determined by Meeting Tomorrow) of your use of the equipment and services. Any action for claims arising under this agreement must be commenced within six months following delivery of the equipment.

Meeting Tomorrow's obligations are subject to, and Meeting Tomorrow shall not be liable for delays, failure to perform or damage, destruction or malfunction of the equipment, or any consequence of any of the above, caused or occasioned or due to fire, flood, water, the elements, labor disputes or shortages, power failure, acts of God or public enemy, shortages of equipment or supplies, unavailability or delays of transportation, act or omissions of anyone other than Meeting Tomorrow or its employees, or any other cause beyond Meeting Tomorrow's reasonable control.

IN NO EVENT SHALL MEETING TOMORROW BE LIABLE TO YOU FOR INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, ARISING DIRECTLY OR INDIRECTLY FROM: THE RENTAL OR USE OF THE EQUIPMENT; THE ORDER OR USE OF SERVICES; THE MALFUNCTION, NON-DELIVERY OR LATE DELIVERY OF THE EQUIPMENT; OR, ANY OTHER CAUSE WITH RESPECT TO THE EQUIPMENT OR SERVICES OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. IN THE EVENT OF A BREACH OF THIS AGREEMENT BY MEETING TOMORROW, THE MAXIMUM EXTENT OF MEETING TOMORROW’S OBLIGATION TO YOU WILL BE TO REFUND ANY MONIES PAID BY YOU TO MEETING TOMORROW AS YOUR LIQUIDATED DAMAGES AND SOLE AND EXCLUSIVE REMEDY AT LAW. YOU AGREE AND ACKNOWLEDGE THAT THE DAMAGES YOU MAY SUFFER AS A RESULT OF MEETING TOMORROW’S BREACH OF THIS AGREEMENT WILL BE DIFFICULT, IF NOT IMPOSSIBLE, TO QUANTIFY, AND AS SUCH THE LIQUIDATED DAMAGES HEREUNDER IS A FAIR, ACCURATE, AND REASONABLE DETERMINATION OF YOUR DAMAGES.

Publicity

You agree that Meeting Tomorrow may use your company name in marketing materials and website listings of customers.

Assignment

Meeting Tomorrow shall have the right to assign all or a portion of its interest under this agreement to any party. You may not assign your interest under this rental agreement to any other party without our prior written consent.

Severability

In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.

Waiver

Waiver by Meeting Tomorrow of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be exercised at any subsequent time.

Remedies

All rights and remedies of Meeting Tomorrow herein stated are nonexclusive and in addition to other rights and remedies provided by law.

Writing; Signature; References

As used in these terms and conditions, term "writing" and variations thereof include anything reduced to a tangible form, including a printed or handwritten document, and email, telefacsimile or other electronic record, and the term "signed" and variations thereof shall include a handwritten signature and an electronic facsimile of a handwritten signature. Each party acknowledges and agrees that an electronic facsimile of a handwritten signature transmitted by telefacsimile, e-mail transmission or other electronic means shall be as effective to bind such party as a duly executed and delivered handwritten original. The words "hereto", "herein", "hereof", "hereunder" and similar expressions refer to this agreement and not to any particular section, paragraph or other portion hereof. The term "agreement" means these terms and conditions and related order confirmation.

Controlling Law

This agreement and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the internal laws of the State of Illinois, without giving effect to the principles of conflicts of law thereof. The jurisdiction and venue of any legal proceedings for the resolution of disputes arising under or in connection with this agreement shall be in the federal or state courts of Cook County, Illinois, USA.

Attorney's Fees and Costs

In the event any action or proceeding, including, without limitation, arbitration, is commenced by any party for the purposes of enforcing any provision of these Terms and Conditions (including without limitation the cost of collection), Meeting Tomorrow shall be entitled to recover, as part of any award, judgment, decision or other resolution of such action, proceeding or arbitration in their favor, their related reasonable attorney's fees, expenses and court costs (including expert witness fees).

Counterparts

The Parties may execute this Agreement in counterparts, each of which is deemed an original and all of which only constitute one original. Facsimile copies thereof shall be deemed to be originals.

Updated November 2011

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