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 EQUIPMENT.NET, INC. - Terms and Conditions

 

EQUIPMENT.NET, INC. Terms and Conditions

Terms and Conditions of Use: While EQUIPMENT.NET, INC. makes every effort to ensure that all of the content on our site is up-to-date, readily available, and clearly explained, we cannot guarantee that the site will always be up or that its contents will always be accurate. Circumstances beyond our control may occasionally make the site unavailable; data transmissions may be interrupted; and we may provide links to other sites whose content we cannot monitor or otherwise manage. Read on to learn more about the things we can't control.

Things We Can't Control
  

  • Links to External sites: EQUIPMENT.NET, INC. provide links on the site to other web sites on the Internet that are owned and operated by third party vendors and other third parties not under the control of EQUIPMENT.NET, INC. These links are provided for convenience of reference only and are not intended as an endorsement by EQUIPMENT.NET, INC. of the organization or individual operating the web site or a warranty of any type regarding the web site or the information on the web site. By using this site, you acknowledge that EQUIPMENT.NET, INC.is not responsible for the availability of, services or products offered by, or the content located on or through, any such external site. 


  •  
  • EQUIPMENT Or Product Images: The number of possible combinations of equipment makes, models, styles, colors and options is potentially infinite. While the equipment photos displayed on this site will match your chosen equipment as closely as possible, they are samples only and may not reflect your exact choice of equipment, color, and trim. 

  •  

  • Typographical Errors: While we try to make sure that all prices posted here are accurate at all times, we cannot be responsible for typographical and other errors that may appear on the site. If the posted price for a product or service is incorrect due to typographical or other error (e.g., data transmission), EQUIPMENT.NET, INC. is only responsible for the correct price, which we will endeavor to provide to you as soon as we become aware of the error. EQUIPMENT.NET, INC. reserves the right to refuse or cancel any orders for products or services listed at an incorrect price. 


  •  
  • Site Outages and Browser Incompatibilities: This site may sometimes be inaccessible, or it may not function properly with your web browser and operating system. EQUIPMENT.NET, INC. cannot be held liable for any perceived or actual damages arising from the operation, content, or use of this site.

 

  • Disclaimer and Limitation of Liability: The site and the information and materials contained therein are provided "as is." EQUIPMENT.NET, INC. makes no representations or warranties of any kind regarding this site or its operation, contents, information or materials or products or services sold, leased, or financed through the site. EQUIPMENT.NET, INC. expressly disclaims all warranties, express or implied, of any kind, with respect to the site or its use and products or services offered, sold, leased, purchased or financed on or through this site, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, noninfringement, currency, reliability, or any warranty that the site or the server that makes it available, are free of viruses or other harmful elements. EQUIPMENT.NET, INC. reserves the right to change or discontinue at any time any aspect or feature of this site. In no event shall EQUIPMENT.NET, INC., its affiliates, officers, directors, employees or agents be liable for any direct, indirect, compensatory, special, incidental, punitive or consequential damages arising from the operation, content or use of the site, even if advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion, and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract. 


  •  
  • Applicable Law and Venue: This site (excluding linked sites) is controlled by EQUIPMENT.NET, INC., which is headquartered in the State of Florida, United States of America. The site can be accessed from all 50 states and the District of Columbia, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site, both you and EQUIPMENT.NET, INC. agree that the statutes and laws of the State of Florida, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to use of this site. You and EQUIPMENT.NET, INC. also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Florida with respect to such matters. EQUIPMENT.NET, INC. makes no representation that materials on the site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to use or access this site from other locations do so on their own initiative and are responsible for compliance with local laws. 


  •  
  • Copyright: This site is owned and operated by EQUIPMENT.NET, INC. Unless otherwise specified, all materials appearing on this site, including site design, text, graphics, logos, images, icons interfaces, and the selection, assembly and arrangements thereof are the sole property of EQUIPMENT.NET, INC., 1999-2003 EQUIPMENT.NET, INC., ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with EQUIPMENT.NET, INC. for products or services offered on this site. Any other use of materials on this site, including but not limited to, reproduction for purposes other than those noted above, modification, transmission, display, distribution or republication, without prior written permission of Equipment.net, is strictly prohibited. 


  •  
  • Ownership of Web site: The design, text and images of this web site are owned or licensed by EQUIPMENT.NET, INC., and EQUIPMENT.NET, INC. authorizes you to view or download a single copy of the material on the site solely for your personal, noncommercial use, provided you retain all proprietary notices contained in the content. Elements of the site are also protected by trade dress and other laws and may not be imitated in whole or in part on other web sites. 


  •  
  • Trademarks: EQUIPMENT.NET, INC., and all other trademarks and service marks owned by EQUIPMENT.NET, INC. and appearing on this site are registered trademarks, trademarks or service marks of EQUIPMENT.NET, INC. All custom graphics, icons, logos and other items that appear on this site, other than the equipment and their make and model names, are trademarks, service marks or trade dress of EQUIPMENT.NET, INC. All equipment make and model names are trademarks of their respective manufacturers. The use of any Equipment.net trademark or service mark without express written consent from EQUIPMENT.NET, INC. is strictly prohibited.

 

  • MODIFICATIONS TO SERVICE

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

  • TERMINATION

You agree that EQUIPMENT.NET, INC. in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EQUIPMENT.NET, INC. believes that you have violated. EQUIPMENT.NET, INC. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the any Service may be effected without prior notice, and acknowledge and agree that EQUIPMENT.NET, INC. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EQUIPMENT.NET, INC. shall not be liable to you or any third-party for any termination of your access to the Service.

  • DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EQUIPMENT.NET, INC. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  • LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EQUIPMENT.NET, INC. has no control over such sites and resources, you acknowledge and agree that EQUIPMENT.NET, INC. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EQUIPMENT.NET, INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  • EQUIPMENT.NET, INC. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EQUIPMENT.NET, INC. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

  • DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EQUIPMENT.NET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.

EQUIPMENT.NET MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQUIPMENT.NET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY .


  • LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EQUIPMENT.NET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQUIPMENT.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

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