PRIVACY STATEMENT

Introduction

Rhino Equipment Group. is committed to providing customers, dealers, and suppliers with the best value products and services in the field and online. Rhino Equipment Group. recognizes and respects your online privacy. This privacy statement is being provided to you to explain what information Rhino Equipment Group. is collecting from you through your use of this website (this “Site”) and how it uses this information. . .

This privacy statement applies to information collected through this Site and it does not apply to information that we collect through other means (e.g., other websites or other methods such as telephone calls), or to information collected on any other company or third-party site regardless of whether such site links to or is accessible from this Site. You should carefully read the privacy statements of any other websites.

Collection and Use of Information

Technical and Usage Information

When you visit this Site, it automatically collects certain information about you and your request (e.g., your Internet Protocol (“IP”) address, the content that you request), and other information provided by your browser (e.g., browser name, referral site). This information may be used to improve the content and usefulness of this Site, to understand your usage of the Site and customize content based on your usage. Additionally, this Site makes use of “cookies”.

Interactively Provided Information

In addition to the technical data noted above, you may provide personal information through this Site through various forms to inquire about or receive Rhino Equipment Group. events, products, services, offers, and general information. In each case, your personal information will be used to fulfill your request (e.g., if you sign up for a newsletter then your information will be used to provide you with a copy of that newsletter). In addition, you have the option to select (i.e., “opt-in”) to receive marketing communications. If you do then your personal information and your Site usage will be used to customize and deliver future communications, including without limitation through email.

Questions on forms that are required (as opposed to optional) will be designated by a red asterisk (*).

You may notify us in writing if you do not wish to be marketed by Rhino Equipment Group. at the address below (please see “Contacting Rhino Equipment Group” below).

Disclosures of Information

Your personal information will be shared within the Rhino Equipment Group. enterprise globally (e.g., its affiliates and subsidiaries worldwide) and disclosed with the applicable Rhino Equipment dealer(s) in the applicable service region(s). We may disclose your personal information to answer your inquiry or to fulfill the purposes of the Site or to service providers to process the information on Rhino Equipment Group’s behalf. In any case, the disclosure of personal information is only to those with a legitimate business reason to access the information. Notwithstanding the above disclosures, we will disclose personal information when required or permitted by law or according to relevant corporate policies.

Rhino Equipment Group. may also disclose personal information in response to legal processes, such as a court order or subpoena, and any personal information that you provide may be transferred in a merger, acquisition, restructuring, or other corporate transaction involving Rhino Equipment Group. or its assets.

Children

We do not want to collect or maintain information from those under the age of 13. No part of this Site is structured to attract anyone under the age of 13. By using our Site, you represent that you are not less than 13 years of age.

Security

Rhino Equipment Group. cares about the safety and security of your transaction(s) at this site. We redirect visitors to a secure server to transfer and receive certain types of sensitive information, such as credit card information and take precautions against physical and electronic intrusion to protect against the loss, misuse, or alteration of information that we have collected from visitors to this Site.

Accessing or Updating

Your Information Upon request, and after providing satisfactory proof of identity, individuals will be given reasonable access to and, if appropriate, the option to update or delete the personal information they have provided through this Site.

Contacting Rhino Equipment Group.

To make a request to access, update or delete your personal information (including to opt-out of future advertising, marketing or opinion poll communications from Rhino Equipment Group.), or for additional information about this privacy statement, please contact us at:

Rhino Equipment Group.

Attn: Customer Interaction Center

17220 NW 2nd CT, Miami, FL 33169

Or you may contact Rhino Equipment´s Office of Business Practices at http://www.rhinoeq.com or by calling (305) 655-2622.

Links

This Site may contain links to other sites. Rhino Equipment Group. has no control over the information and privacy policies and practices of those websites, and is not responsible for their content, collection and use of information, or freedom from error or viruses. It is your responsibility to recognize, by paying attention to your browser’s address bar, when you are leaving this Site.

Changes and Modifications

Rhino Equipment Group. reserves the right to change or replace this Privacy Statement at any time. Changes will be posted here before the new Statement becomes effective. Please review this page periodically to remain apprised of our current policies and practices.

Legal Statement

This Privacy Statement forms part of the Terms & Conditions for use of this Site. You should also review the Terms & Conditions, as your use of this Site and any dispute arising under this Privacy Statement is subject to the terms and conditions contained therein.

Your Consent

By providing personal information to us, you consent to the collection and use of the personal information in accordance with this privacy statement. This Site is hosted in the United States of America. Since this service is available to individuals in a variety of global locations, you are consenting to transfer your personal information to countries or jurisdictions that may not provide the same level of data protection law as the legal jurisdiction in which you are located.

COOKIE STATEMENT

Cookies

When you visit this Site we will send you a cookie. A cookie stores a small data file on your computer. This file enables us to recognize you each time you visit us. Cookies help us in many ways, for example, by saving your region and language preference and for purposes of collecting non-personal data.

If you do not allow this website to use cookies, then certain features or sections of the Site may not be available to you or may not function as expected. Cookies can also be removed or blocked by following the help directions in your browser.

Browser Settings

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.

Internet Advertising

We use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what content you see, what ads you click, and other actions you take on this Site and other sites. This allows us to provide you with more useful and relevant content. We do not associate your interaction with unaffiliated sites with your identity. We do not provide any personal information to advertisers or to third-party sites that display our interest-based ads.

TERMS OF USE

Welcome to rhinoeq.com, Rhino Equipment Group’s website.  These rhinoeq.com Terms of Use (these “Terms of Use”) contain the terms and conditions that govern your access to and use of Rhino Equipment websites (the “Site” or “Sites,” including www.rhinoeq.com; all networked websites operated by Rhino Equipment and its subsidiaries (“Networked Sites”), and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites (“Content”)).  This is an agreement between you or the entity you represent (“you”) and Rhino Equipment Group., a Florida corporation with offices located at 17220NW, 2nd court, Miami, FL 33169 (together with our subsidiaries that may make any Sites available to you, “Rhino Equipment,” “we,” “us,” or “our”).  Rhino Equipment is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of this Terms of Use without modification.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time.  Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes.  Please review the most current version of these Terms of Use at any time at http://www.rhinoeq.com.

Networked Websites

Rhino Equipment uses rhinoeq.com as an entry into many networked websites operated by Rhino Equipment and its subsidiaries (“Networked Sites”).  Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites.  If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites.  If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use.  Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.

Use of Site

You may access and use the Sites solely in accordance with these Terms of Use.  You will strictly adhere to all laws, rules, regulations and Rhino Equipment policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence.  In addition, you will not:

• access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process.

• Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password “mining” or any other illegitimate means.

• Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.

• Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of Rhino Equipment, including but not limited to personal identification or information.

• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Rhino Equipment’s systems or networks, or any systems or networks connected to any Site or to Rhino Equipment.

• Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person’s use of any Site.

• Distribute viruses or any other technologies that may harm Rhino Equipment or the interests of property of any other person or entity, including any other user of any Site.

• Circumvent or manipulate our fee structure, the billing process or fees owed to Rhino Equipment, its dealers or its business associates.

• Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Rhino Equipment on or through any Site.

• Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

• Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Rhino Equipment or others.

Intellectual Property Rights

Except to the extent expressly provided in these Terms of Use under the heading “Grant of License”, you agree and acknowledge:

• That Rhino Equipment owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights”) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content or contained on the Sites (“Rhino Equipment IP”).

• That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.

• Rhino Equipment owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Rhino Equipment IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights.  You will undertake any and all action necessary to vest such ownership in Rhino Equipment, including without limitation assigning (and you hereby assign) to Rhino Equipment all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.

• No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Rhino Equipment’s express prior written consent.

• That all marks that appear throughout the Sites and Content belong to Rhino Equipment, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws.  Any use of any of such marks without the express written consent of Rhino Equipment or the owner of the mark, as appropriate, is strictly prohibited.

• Rhino Equipment may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Rhino Equipment or others.

Grant of License

Rhino Equipment grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use.  You may not:

• Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.

• Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.

• Reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.

• Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.

• Use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you.

• Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.

Copyright Agent

Rhino Equipment respects the rights of all copyright holders and in this regard, Rhino Equipment has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rhino Equipment’s Copyright Agent.

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

• Information reasonably sufficient to permit us to contact the complaining party.

• A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Rhino Equipment’s Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Copyright Agent

17220NW, 2ª quadra,

Miami, Flórida 33169

Email: info@rhinoeq.com

Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Rhino Equipment applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Rhino Equipment for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Rhino Equipment, or postings on this Site, are non-confidential (subject to Rhino Equipment’s Privacy Policy) and shall become the sole property of Rhino Equipment. Rhino Equipment shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  The submission of any materials to Rhino Equipment, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

Privacy

When you access or use any Site, it may ask you for optional personal information (including your name and an identifier for your computer).  Rhino Equipment collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running and the IP address of your computer in order to validate that you are authorized to use this Program, to improve Rhino Equipment products and services, and to enable Rhino Equipment dealers to understand who within its service territory is using the Sites.  Rhino Equipment may provide such information to its affiliates, subsidiaries or other trusted businesses or persons, including Rhino Equipment dealers.  Rhino Equipment will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Rhino Equipment may, or you may by using any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located.  By entering such information and/or using any Site, you consent to the collection, processing and transfer of the information by Rhino Equipment consistent with this paragraph.  Our privacy statement provides additional information on our data collection and processing practices on the Websites described therein.  We may update our Website Privacy Statement at any time.  Additional or different privacy policies may apply to specific Sites.

Interactive Forums and User Materials

The Sites may, from time to time, include discussion forums and interactive areas.  Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

• Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material (“User Materials”) that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

• Upload or transmit any User Materials that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

• Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or another intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.

• Without Rhino Equipment’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

• Rhino Equipment takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  As a provider of interactive services, if any, Rhino Equipment is only a forum and is not liable for any statements, representations, or User Materials provided by its users.

Rhino Equipment has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Rhino Equipment may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate.  Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials.   Rhino Equipment reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or are otherwise objectionable.

You shall remain solely liable for any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.

Forward-Looking Statements

The Sites, and any documents issued by Rhino Equipment available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” and “should” or other similar words or expressions often identify forward-looking statements.  All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements.  Rhino Equipment’s actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our and Rhino Financial’s ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of Rhino Financial’s customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions, including ERA Mining Machinery Limited, and divestitures, including the divestiture of the Bucyrus International, Inc. distribution business to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Rhino Equipment Production System; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our or Rhino Financial’s compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters; and (xxviii) other factors described in more detail under the sections captioned “Management’s Discussion and Analysis” and “Risk Factors” in our Form 10-K filed most recently filed with the U.S. Securities and Exchange Commission.

Press Releases

The Content contained within press releases issued by Rhino Equipment should not be deemed accurate or current except as of the date the release was posted.  Rhino Equipment has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

No Warranties

RHINO EQUIPMENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE ” RHINO EQUIPMENT PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RHINO EQUIPMENT PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.  NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

Limitation of Liability; Remedy

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE RHINO EQUIPMENT PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF RHINO EQUIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES).  THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS.  IN NO EVENT SHALL RHINO EQUIPMENT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO RHINO EQUIPMENT WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You agree to indemnify, defend and hold harmless each of the Rhino Equipment Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights.  You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Rhino Equipment Parties in connection with or arising from any such claim, lawsuit, action, demand or another proceeding.

Termination

Rhino Equipment, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason.  The license granted herein will automatically terminate without further action of Rhino Equipment if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein.  Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content and destroy all copies, full or partial, of all Confidential Information.  At Rhino Equipment’s request, you will provide Rhino Equipment with a written statement signed by you or your duly authorized representative certifying that all Confidential Information has been so destroyed.   The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Confidentiality, Import and Export Compliance, Contractual Statute of Limitations, and Choice of Law; Severability shall survive the termination of these Terms of Use.

Updating Sites

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content.  As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software.  Unless otherwise explicitly stated by Rhino Equipment, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.

Linked Sites

The Sites may contain links to other independent third-party Web sites or resources (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Rhino Equipment’s control, and Rhino Equipment is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Import and Export Compliance

You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings were obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

U.S. Government Rights

The Sites and Content are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Contractual Statute of Limitations

You agree that you will not assert against Rhino Equipment any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

Choice of Law; Severability

These Terms of Use shall be governed by the laws of the State of Illinois, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws).  Each party submits to the exclusive jurisdiction of the courts of that place.  If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties.  The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of the such invalid or unenforceable provision.  The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access.  This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Entire Agreement

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitute the entire agreement between you and us with respect to the Sites,  and Content and supersedes and replaces all prior agreements.  The section titles in the Agreement are for convenience only and have no legal or contractual effect.  The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however, designated, directly or indirectly made or issued by you shall not apply.

Inquiries

Should you have any questions concerning these Terms of Use, write to Rhino Equipment Group., 17220NW, 2nd court, Miami, FL 33169, Attn:  Deputy General Counsel, Commercial Section.

SMS Terms and Conditions

RHINO EQUIPMENT GROUP. SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS)

IMPORTANT! PLEASE READ THESE RHINO EQUIPMENT GROUPS. SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY RHINO EQUIPMENT GROUP (“RHINO” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF RHINO’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE RHINO EQUIPMENT GROUPS. SMS TERMS AND CONDITIONS. FURTHERMORE, THIS RHINO EQUIPMENT. SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH RHINO EQUIPMENT GROUP ARE RESOLVED.

By signing up, requesting or receiving a quote, or contacting us by phone, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Rhino and others texting on its behalf, including text messages made with an automatic telephone dialling system (“autodialer”), at the telephone number(s) that you provide. You may opt out of these communications at any time. Consent to receive text messages is not required. In addition, consent is not a condition of any purchase.

Program Description

Rhino and its service providers may use an autodialer to deliver text messages to you. Rhino’s text messages are intended to provide you with marketing and promotional information regarding Rhino products and services (e.g., events and promotions offered by Rhino or any of its authorized dealers). We may also provide you with transaction-related information.

Message Frequency

The number of Rhino text messages that you receive will vary depending on which Rhino text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs. You will receive a maximum of three messages per week per Rhino text messaging program.

Cost

Message and data rates may apply to each text message sent or received in connection with Rhino text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Rhino does not impose a separate fee for sending Rhino text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

How to Opt-In

To opt-in to receive text messages from a Rhino text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).

How to Opt-Out

To stop receiving text messages from a specific Rhino text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you will then receive one (1) final message from Rhino confirming your opt-out of that text messaging program. Following such a confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit shortcode. You will remain opted into other Rhino text messaging programs.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Rhino immediately if you change your mobile telephone number. You may notify Rhino of a number change by contacting Rhino Customer Care at 1-855-744-6650.

You agree to indemnify Rhino in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Rhino if you change your telephone number including, butnot limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Rhino’s control, and Rhino is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost,/Virgin, T-Mobile/MetroPCS, Verizon Wireless, Cellcom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others.

Carriers are not liable for delayed or undelivered messages. T-Mobile® is not liable for delayed or undelivered messages.

Support/Help

To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent). You may also receive help by contacting Rhino Customer Care at 1-855-744-6650.

Eligibility

To receive Rhino text messages, you must be a resident of the United States and 18 years of age or older. Rhino reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Rhino may revise, modify, or amend this Rhino Equipment Group. SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted on Rhino’s website ( https://rhinoeq.com/ ). You agree to review this Rhino Equipment Group. SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Rhino text messages will indicate your acceptance of those changes.

Termination of Text Messaging

We may suspend or terminate your receipt of Rhino text messages if we believe you are in breach of this Rhino Equipment Group. SMS Terms and Conditions. Your receipt of Rhino text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Rhino reserves the right to modify or discontinue, temporarily or permanently, all or any part of Rhino’s text messages, with or without notice.

Privacy

Your privacy is important to us. Please( https://rhinoeq.com/policies/) to review our privacy statement.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your receipt or use of Rhino text messages will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Rhino or Rhino’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Rhino may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Rhino hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honour the terms and limitations in this Rhino Equipment Group. Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RHINO ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHT TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND RHINO AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Florida, or any other location we mutually agree to, subject to Florida law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Rhino at E. info@rhinoeq.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Rhino Equipment Group.

SMS Terms and Conditions, and (5) a clear statement that you wish to opt-out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept this Rhino Equipment Group. Terms and Conditions.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Florida.

Severability

If any term of this Rhino Equipment Group. Terms and Conditions are to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of the such invalid or unenforceable term. If the application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.