|
Advertiser Terms and
Conditions
INTRODUCTION: Equipment.net,
Inc. ("Equipment.net") provides you access to our Equipment.net
subject to your compliance with the terms and conditions below (the
"Agreement"). Please read
this Agreement carefully. By enrolling as an advertiser with Equipment.net
whereby you agree to pay for time period base on the category you select (the
"Advertiser"), you, the Advertiser, agree to be bound by these terms
and conditions. In this Agreement, "you" and "your" refers
to the Advertiser.
USE:
Our Equipment.net, for purposes of this Agreement, is the process by
which consumers choose desired category subject and find advertisers banners,
text link, showcase, bold listing link, window/P.O.P., or any other means of
advertising forms offered by equipment.Net in which consumers choose produce
result that contains advertisers'. These
results are viewed at Equipment.net's branded web site at www.Equipment.net or
at a third party licensee of Equipment.net
(the " Equipment.net "). You understand and agree that
consumers may view and access your search listing advertisements at the
Equipment.net from either www.Equipment.net or from a third-party Web site that
is a licensee of Equipment.net.
PAYMENT:
You agree to pay all applicable charges to your account with respect to
the payment plan you selected, including, if any, all applicable taxes, in
accordance with billing terms in effect at the time the fee becomes payable.
You agree that your enrollment fee will depend on the plan you select.
Once you pay for the plan you have selected the fees collected are
nonrefundable. You understand and
agree that you will be charged for the time period you select and that
Equipment.net is not responsible for the maintenance of your web site.
You may pay Equipment.net by credit card, charge card or check. You agree
and represent that all information you provide for the purpose of enrolling, as
an Advertiser will be accurate, complete and current. Your right to access your
account with Equipment.net is subject to any limits established by Equipment.net,
its contractors, or by your credit/charge card issuer. If payment cannot be
charged to your credit card, for whatever reason, or if there is a charge back
for any reason, Equipment.net reserves the right to either suspend or terminate
your account with Equipment.net.
ADVERTISER'S RIGHTS AND
RESPONSIBILITIES:
Advertiser Submissions: You
may submit your material for your advertisement either by email; fax; or U.S.
Mail. Equipment.net reserves the right to reject or remove any advertisement at
its discretion. You represent and
warrant that your advertisement, in itself or through the site it links to, (i)
does not violate any law or regulation; (ii) does not infringe in any manner any
copyright, patent, trademark, trade secret or other intellectual property right
of any third party; (iii) does not breach any duty toward or rights of any
person or entity including, without limitation, rights of publicity or privacy,
or has not otherwise resulted in any consumer fraud, product liability, tort,
breach of contract, injury, damage or harm of any kind to any person or entity;
(iv) is not false or misleading; and/or (v) is neither defamatory, libelous,
slanderous or threatening.
Accepting Equipment.net Suggestions: Equipment.net reserves the right to edit or
refuse any advertisement. Equipment.net
may provide suggestions to you for better result and/or descriptions but the
final decision to submit any suggestion is yours.
Ideas provided by Equipment.net are only suggestions.
It is your responsibility to determine whether such suggested terms
comply with the requirements of Advertiser Submissions section above.
REPRESENTATIONS AND
WARRANTIES: You represent and warrant that you have sufficient authority to
enter into this Agreement. You
represent and warrant that your search listing advertisements each meet the
standards of the Advertiser Submission section above.
INDEMNIFICATION: You hereby
indemnify and hold harmless Equipment.net, its licensors, licensees,
consultants, contractors, agents and employees from any and all liabilities,
costs and expenses, including, without limitation, reasonable attorney's fees,
that may arise from your use of the Equipment.net or other Equipment.net web
sites and/or your breach of the terms of this Agreement, including, without
limitation, the breach of any representation or warranty.
You will be solely responsible for defending any claim, payment of
damages or losses resulting from the foregoing to both a third party and
Equipment.net. Equipment.net reserves the right to discontinue any listing
and/or advertising that may violate any of the terms in this paragraph.
WARRANTY DISCLAIMER AND
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE EQUIPMENT.NET
IS AT YOUR OWN RISK. THE
EQUIPMENT.NET IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED. NEITHER EQUIPMENT.NET NOR ANY OF ITS, LICENSORS,
EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, MAKES ANY WARRANTY OR
REPRESENTATION WHATSOEVER REGARDING THE EQUIPMENT.NET, ANY INFORMATION, SERVICES
OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH EQUIPMENT.NET
AND/OR THE EQUIPMENT.NET OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF.
EQUIPMENT.NET HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ALL INFORMATION
PROVIDERS, LICENSORS AND/OR LICENSEES OF IT ANY AND ALL WARRANTIES INCLUDING,
WITHOUT LIMITATION (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR
CONTENT OF THE EQUIPMENT.NET AND/
OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE EQUIPMENT.NET; AND
(2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY
FROM STATE TO STATE. ANY LIABILITY OF EQUIPMENT.NET, ITS INFORMATION PROVIDERS,
LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS, OR CONTRACTORS, INCLUDING,
WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE
OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR UNLAWFUL USE OF EQUIPMENT.NET'S RECORDS, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION,
SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID TO EQUIPMENT.NET FOR
LISTING ADVERTISEMENTS. IN NO EVENT SHALL EQUIPMENT.NET, ITS INFORMATION
PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS,
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT.NET AND/OR THE SITES
LINKED TO FROM THE EQUIPMENT.NET OR FOR ANY BREACH OF WARRANTY. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT
HOLD EQUIPMENT.NET RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS,
ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE EQUIPMENT.NET
AND/OR SITES LINKED TO FROM THE EQUIPMENT.NET, INCLUDING, WITHOUT LIMITATION,
THOSE WITH WHOM EQUIPMENT.NET CONTRACTS TO OPERATE VARIOUS PORTIONS OF THE
EQUIPMENT.NET AND THOSE TO WHOM EQUIPMENT.NET PROVIDES LINKS TO FOR CONTENT,
ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
CANCELLATION OR TERMINATION:
If you are dissatisfied with the Equipment.net or with any of the terms and
conditions contained herein, your sole and exclusive remedy is to terminate your
account. You may cancel your participation in the Equipment.net at any time by
sending a message to advertisers@Equipment.net
Equipment.net may, in its sole discretion, terminate your account, and
discontinue your participation in the Equipment.net, or your use of any
listings, if Equipment.net believes that you violated this Agreement or other
policies or guidelines that Equipment.net may post on either www.Equipment.net
or another Equipment.net web site. Equipment.net may also terminate your account if
Equipment.net believes your conduct is harmful to other consumers and
advertisers who participate in the Equipment.net. All decisions made by
Equipment.net in this matter will be final.
IMPORTANT: CANCELLATION OR
TERMINATION MAY NOT ALWAYS ENTITLE YOU TO A REFUND. PLEASE SEE THE SECTION
ENTITLED REFUNDS FOR MORE INFORMATION.
REFUNDS: If you decide to
terminate your account, and you provide notice to Equipment.net, your account
will be deemed terminated when Equipment.net receives notice. You will only
receive a refund for amounts not yet charged to your account.
You will not receive a refund for the initial amount you paid for the
selected category enrollment as you agreed that this amount is nonrefundable.
SEE PAYMENT.
EQUIPMENT.NET SUBMISSIONS: By
submitting material to the Equipment.net you are irrevocably granting
Equipment.net the right to use all parts of the material, without limitation, as
if it were in the public domain, including modifying it or using it commercially
and authorizing others to do so.
NOTICES: Equipment.net may
give general notices to you by posting on the Equipment.net or any one of
Equipment.net's Web Sites, if possible, by electronic mail to your email
address. You may give notice to Equipment.net by email to advertisers@Equipment.net.
CHOICE OF LAW: This Agreement
shall be construed and controlled by the laws of the State of Florida. Any
dispute arising from this Agreement, including, without limitation, a breach of
this Agreement, shall be governed by the laws of the State of Florida. You agree
to submit to the jurisdiction of the state and federal courts located in
Miami-Dade.
OTHER: This Agreement
constitutes the entire Agreement between the parties with respect to the subject
matter contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral, between you and
EQUIPMENT.NET. Equipment.net may change this Agreement at any time or any one of
Equipment.net's Web Sites. Any use of the Equipment.net or any of
Equipment.net's Sites after such notice shall be deemed to be continued
acceptance of this Agreement including its amendments and modifications.
Equipment.net reserves the right to discontinue offering the Equipment.net at
any time.
|
