EquipmentGurus.com - Terms & Conditions
EquipmentGurus.com user agreement and terms and conditions
This User Agreement and Terms and Conditions (“User Agreement”) , the Privacy Policy, and all policies posted on our site set out the terms on which EquipmentGurus.com offers you access to and use of our sites, services, applications and tools (collectively "Services. All policies and the Privacy Policy are incorporated into this User Agreement. You agree to comply with all of the above, this User Agreement and the Privacy Policy when accessing or using our Services. This User Agreement describes your responsibilities and, among other things, limits the liability of EquipmentGurus.com. By accessing this site, users ("Users" or "You") agree to be legally bound and to abide by these terms and conditions. If at any time you do not agree with any part of this user agreement, you must discontinue use of this site. EquipmentGurus.com reserves the right, in its sole discretion, to amend, modify, or alter this User Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective thirty days from the date that they are posted on the Site.
Without limitation of any other provisions of this agreement, you may not use this site for any purpose that is unlawful or prohibited by this agreement and/or any applicable additional terms. Your access to this site may be terminated immediately in EquipmentGurus.com’s sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason.
About EquipmentGurus.com
EquipmentGurus.com is an on-line marketplace that allows buyers and sellers to sell and purchase a variety of products. The contract for sale is negotiated and consummated directly between the sellers and buyers. EquipmentGurus.com is not a party to the purchase order or sales agreement.
EquipmentGurus.com does not guarantee the existence, quality, safety or legality of items advertised or sold; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction.
Returns
EquipmentGurus.com is not responsible for returns. Returns are between the seller and the buyer. It is recommended to communicate with the customer/buyer via email, phone, text to confirm the product you are selling will match their use.
Trademark Notice
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of EquipmentGurus.com. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting any license or right to use any Trademark or any other EquipmentGurus.com intellectual property displayed on this Site. EquipmentGurus.com aggressively enforces its intellectual property rights to the fullest extent of the law. The name EquipmentGurus.com and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from EquipmentGurus.com. EquipmentGurus.com also prohibits use of EquipmentGurus.com and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by EquipmentGurus.com in writing. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.
Copyright Notice
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of EquipmentGurus.com. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions.
Acceptable Use/License
EquipmentGurus.com grants you a limited, nontransferable, non-exclusive license to access and use this Site only as expressly permitted in this User Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. As a condition of using this Site, you agree not to:
a. breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status; b. use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; c. post false, inaccurate, misleading, defamatory, or libelous content; d. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of EquipmentGurus.com; e. distribute viruses or any other technologies that may harm EquipmentGurus.com, or the interests or property of users; f. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; g. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment; or h. reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EquipmentGurus.com, or that comes from the Services and belongs to another EquipmentGurus.com user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of EquipmentGurus.com and/or any other party holding the right to license such use. You may only use this Site to make legitimate purchases or offers to purchase the products or services offered (each, an "Offer") and shall not use this Site to make any speculative, false or fraudulent Offers. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place an Offer under a false name or with an invalid method of payment. Fraudulent users will be prosecuted to the fullest extent of the law.
Disclaimer of Warranties; Limitation of Liability
WE TRY TO KEEP OUR SERVICES SAFE, SECURE, AND FUNCTIONING PROPERLY, BUT WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. EquipmentGurus.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, ITS SERVICES OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, EquipmentGurus.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. EquipmentGurus.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. EquipmentGurus.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
EquipmentGurus.com IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (A) REGARDING THE ACCEPTANCE OF ANY OFFER, (B) THAT SELLER WILL DELVIVER THE GOODS OR SERVICES; (C) THAT BUYER WILL PURCHASE THE GOODS OR SERVICES; (D) THAT BUYER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE; (E) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE, OR (F) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, COMPENSATORY, OR PUNITIVE DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES; (B) PRICING, SHIPPING OR OTHER GUIDANCE PROVIDED BY EquipmentGurus.com; (C) DELAYS OR DISRUPTIONS IN OUR SERVICES; (D) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING, OR LINKING TO, OUR SERVICES; (E) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES; (F) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY EquipmentGurus.com SERVICE; THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR SERVICES; (G) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT OR BREACH OF THESE TERMS AND CONDITIONS; (H) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (I) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (J) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EquipmentGurus.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Indemnity
You will indemnify and hold EquipmentGurus.com (and its affiliates and subsidiaries, and EquipmentGurus.com and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of EquipmentGurus.com's Services or your breach of any law or the rights of a third party.
Website Links
To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. EquipmentGurus.com does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply EquipmentGurus.com's endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
Applicable Law
You agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and EquipmentGurus.com, and you consent and submit to the exclusive jurisdiction of the state and federal courts located in Suffolk or Plymouth County, Massachusetts, in all questions and controversies arising out of your use of this Site and this Agreement.
Miscellaneous
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such invalid provision shall not affect the validity and enforceability of the remaining provisions. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and EquipmentGurus.com and supersede all prior understandings and agreements of the parties.