Terms & Conditions

This document contains:

Terms and Conditions for the WillScot Website

SMS Terms and Conditions

TERMS & CONDITIONS FOR THE WILLSCOT WEBSITE

Welcome to the WillScot (“we,” “us,” or “our”) website (the "Site"). These Terms and Conditions (the “Terms”) describe the terms and conditions for access to and use of our Site. Please read these Terms carefully, as they set forth the legally binding terms and conditions for your use of the Site and any products available for sale through the Site. By visiting and using our Site, you affirm that you have read and accept the Terms, which may be updated by us from time to time without notice, and our Privacy Policies, without limitation or qualification and agree to be bound by them. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and at equity. Our Site is intended for adults only. If you use our Site, you represent and warrant that you are of legal age to enter into any agreement through our Site and become bound by its terms. WillScot does not knowingly collect information from individuals who are not of legal age in their jurisdiction.

1. Ownership of Copyrights, Trademarks and Other Intellectual Property. You acknowledge that WillScot or its licensors own the copyright and all other intellectual property rights associated with this Site and all materials provided on this Site, including but not limited to texts, images, illustrations, software, audio clips and video clips, unless otherwise expressly indicated. Such materials are protected by copyright, trademark, industrial design, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. All rights are reserved by WillScot and its licensors, and you agree not to copy, reproduce, download, disseminate, publish or transfer content in any form or by any means, except with our prior written permission, or as permitted by us in a separate written agreement.

The WillScot® name and logos, AS FLEX™, TECHSUITE™, REMOD™ and CONCURRENT CONSTRUCTION™, are the trademarks or registered trademarks of WillScot. Any other trademarks or service marks mentioned on this Site are the trademarks or registered trademarks of their respective owners and may not be used without written permission of the owner of such marks. Nothing in these Terms or on the Site is to be interpreted as conferring any right to use the Marks or the materials described above. You may not resell, distribute, or otherwise exploit our Site or its contents or any collection of product listings, descriptions, or prices; or engage in any other derivative use of our Site or its contents, including any downloading or copying of information for the benefit of any merchant, or any use of data mining, robots, or similar data gathering and extraction tools. References on our Site to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation, or favoring by WillScot. Moreover, such third parties do not endorse, sponsor and are not affiliated with WillScot.

If you submit any feedback or ideas about our products or services to us, you hereby assign and agree to assign to WillScot all right, title, and interest in and to such feedback or the embodiment of such feedback in products or services. If you believe your work is the subject of copyright infringement and appears on the Site or you believe your intellectual property has otherwise been infringed, please provide the following information to dataprivacy@willscot.com:

  1. Signature of the person whose rights have allegedly been infringed, or an authorized representative of that person;

  2. Identification of the copyrighted work or intellectual property alleged to have been infringed;

  3. Identification of the material that is allegedly infringing your rights;

  4. Your contact information, including your name, address and email address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of infringes your rights; and

  6. A statement that the information you provided is accurate and that you are the owner of an exclusive right that has been infringed or are authorized to act on behalf of the owner.

2. Restrictions on Use. If you choose to use our Site, you may be required to provide certain information, including contact information and information about your product interests and support needs. You may also elect to create an account. You hereby agree and warrant to WillScot that you are responsible for all such information and that all such information will be accurate and complete. If you make an account, you are solely responsible for maintaining the security and confidentiality of your account, including your password, and keeping the information listed in your account current. WillScot may rely on the actions of anyone accessing your account or using your credentials and will not be held responsible for any damages or expenses resulting from unauthorized use of your account or password. By using this account, you agree to take full responsibility for all activities conducted under your account.By creating an account or submitting a request for information or support, you agree to receive electronic communications at the contact information you provide, including your email address, and agree that any electronic communication satisfies any legal requirement that a communication be in writing. If required to do so by law or if we determine it is necessary to protect our rights or the rights of third parties, we may access, retain or disclose your account information in accordance with these Terms and our Privacy Policies. You agree you will immediately notify us of any breach of security on the Site, including unauthorized use of your password or account. We reserve the right to disable your account at any time, for any reason. You agree not to do (or help others to do) the following:

  1. Share your account or other similar information with others;

  2. Purchase products for resale;

  3. Access or tamper with non-public areas of the Site;

  4. Disable, hack, work around or otherwise attempt to override or vulnerability-test any security measures associated with our Site or to modify, alter, or disable the Site in any way;

  5. Knowingly introduce potentially harmful or malicious material into the Site, including viruses, Trojan horses, or worms;

  6. Use our Site in any manner not expressly permitted by these Terms, including but not limited to by gathering, extracting, or mining data from the Site;

  7. Engage in any deceptive, misleading or fraudulent behavior on our Site; or

  8. Use vulgar, profane, abusive or discourteous language in any email, form entry or otherwise on or through our Site.

  9. It is your responsibility to verify and obey all applicable local, provincial, federal, and international laws. We reserve the right to suspend or terminate your access to the Site for any reason, at our sole discretion.

3. Limitations. While we make every effort to present accurate and reliable information on our Site, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. In addition, we have no duty to update the information contained on our Site, and we are not liable to you for outdated or incorrect information contained herein. Misprints, typos, inaccuracies, omissions or other errors may occur. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site (or any part thereof) with or without notice to you, and we are not liable to you or any third party for any modification, suspension, or interruption in services. THIS SITE IS PROVIDED ON AN "AS IS," “AS AVAILABLE,” AND “WITH ALL FAULTS,” BASIS, AND WITH NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH RESPECT TO THIS SITE, INCLUDING THE INFORMATION CONTAINED ON THIS SITE. THIS DISCLAIMER EXTENDS TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PATIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILLSCOT, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, NOR ANY SUCECSSORS OR ASSIGNS OF ANY OF THEM, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE OF THIS WEB SITE, REGARDLESS OF THE THEORY OF LIABILITY OR TYPE OF PURPORTED DAMAGES CLAIMED, EVEN IF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE, AND EVEN IF WILLSCOT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. All products displayed on our Site are subject to availability. Your sole and exclusive remedy for any problems associated with your use of (or inability to use) our Site shall be for you to discontinue using our Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS DESCRIBED HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE WAIVED AND TIME BARRED. Commencing means, as applicable: (a) by delivery of written notice as described in these Terms; (b) filing for arbitration as set forth in these Terms; or (c) filing an action in state or federal court.

4. Indemnification. You agree to indemnify and hold harmless WillScot, its parents, affiliates, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

5. Links to Other Web Sites. Solely as a courtesy to you, we may provide links to other web sites at certain places on our Site; we do not endorse, approve, certify or control any of those web sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.

6. Governing Law. Except as relates to arbitration as required below or with respect to the enforcement of an arbitration decision or award, any dispute with respect to our Site shall be governed by the laws of the State of Maryland, excluding its conflicts of laws rules. All visitors to our Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

7. No Effect on Agreements. This Site shall be used for informational purposes only, and nothing on our Site shall be construed to add or modify terms to any existing or future agreements with WillScot.

8. Certain statements included above constitute "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended (the "Securities Act") and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). These forward-looking statements involve known and unknown risks, uncertainties and other factors, which may cause actual events or results to differ materially from future events or results expressed or implied by these forward-looking statements. These factors include, among others, the following: substantial leverage and our ability to service debt; changing market trends in our industry; general economic and business conditions including a prolonged or substantial recession; our ability to finance fleet and branch expansion and to locate and finance acquisitions; our ability to implement our business and growth strategy and maintain and enhance our strengths; our ability to obtain financing for general corporate purposes; intense industry competition; availability of key personnel; industry over-capacity; and changes in, or the failure to comply with, government regulations. As a result of these uncertainties, you should not place undue reliance on these forward-looking statements. All future written and oral forward-looking statements attributable to us or any person acting on our behalf are expressly qualified in their entirety by the cautionary statements contained or referred to herein. New risks and uncertainties arise from time to time, and it is impossible for us to predict these events or how they may affect us. We assume no obligation to update any forward-looking statements after the date hereof as a result of new information, future events or developments, except as required by federal securities laws.

9. Geolocation by 3rd Party Vendors. Cellular geolocation information collected from calls made to WillScot numbers may be provided by AdGeo, Inc. Information about this service, AdGeo’s terms of use and AdGeo’s data privacy and data retention policies may be found at http://www.adgeo.com/MobileTermsOfService.aspx and http://www.adgeo.com/PrivacyPolicy.aspx. Your use of and explicit or implicit consent during the toll-free calls indicates your acceptance of the vendor’s terms of use and privacy policies.

10. Notices. We may, in our sole discretion, occasionally modify, amend, or otherwise update these Terms. Any such changes will be effective immediately upon their posting on our Site. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on our Site. Following the posting of such changes, your continued use of our Site will constitute your acceptance of these Terms and any additional policies, as modified, and you will be bound by such changes.

11. Enforceability. If any one of these Terms shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

12. Compliance with Law. Nothing contained in these Terms, or our Privacy Policies limits our right to comply with legal process or law enforcement requests relating to your use of the Site.

13. Questions. If you have questions about our products or our Site, please contact us at marketing@willscot.com.

SMS TERMS & CONDITIONS

When you opt-in to messaging through Williams Scotsman, Inc.’s (“WillScot,” “we,” “us,” or “our”) SMS Service (the “Service”), you expressly agree: (i) to be bound by these Terms; and (ii) that we may send you recurring SMS messages, including through the use of non-automated and automated technology like an automated telephone dialing system, at the mobile number you shared in connection with your job application, including to notify you of any updates to your application status and to engage in discussions with you throughout your application process. Message frequency may vary, and message and data rates may apply. If you have any questions about your text plan or data plan, please contact your wireless provider.

  1. You can unsubscribe from the Service at any time. Just text "STOP" in response to any message from us to unsubscribe.

  2. You are not required to subscribe to the Service as a condition of being considered for employment or being employed with us.

  3. The Service is provided on an “as is” and “as available” basis. You acknowledge carriers are not liable for delayed or undelivered messages. The Service is not available on all carriers and carrier participation could change. The Service may not be compatible on all mobile devices. We are not liable for any delays in the receipt of any SMS services or changes to the participating carriers.

  4. We may suspend or terminate your access to the Service for any reason and at any time. We reserve the right to modify, cancel, or suspend all or any part of the Service at any time, with or without notice to you.

  5. To the fullest extent permissible under applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special, consequential, or punitive damages, or attorneys’ fees.

  6. If, for any reason, any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions of these Terms nevertheless will be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in these Terms.

  7. We reserve the right to modify these Terms, or any part of them, at any time. Any such modifications, additions, or deletions to these Terms will be effective immediately upon posting. Your continued enrollment in the Services constitutes your acceptance of any such modification, addition, or deletion.

If you have any questions about our privacy practices, please read our privacy policies.

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