Terms and Conditions
In using the website and services provided by EquipmentAnywhere.com you agree to accept the Terms and Conditions. The EquipmentAnywhere.com Terms and Conditions are a legally binding agreement made between the customer and EquipmentAnywhere.com. Please read the Terms and Conditions carefully before agreeing to them.
The Equipment Anywhere. Network is offered to the user on the condition of their acceptance with no modification of these Terms and Conditions. The Equipment Anywhere. Network includes all text, images, information, products, services and software made available through this network. Equipment Anywhere. reserves the right to any and all rights not expressly granted in these Terms and Conditions. Equipment Anywhere. reserves the right to change these Terms and Conditions at any moment on its sole discretion. Your use of the Equipment Anywhere website, products and services implies that you have read all the Terms and Conditions and agree to accept them.
If you have a concern or query about the legal issues included in these Terms and Conditions, please feel free to speak to a designated Equipment Anywhere. representative by email or by phone at +1-832-674-6877.
General, Trademarks and Copyrights;
All intellectual property rights (including copyrights) within the Equipment Anywhere. Network are owned by Equipment Anywhere. The material published on Equipment Anywhere may contain other proprietary notices or describe services, products, technologies and processes owned by Equipment Anywhere. or third parties. Under no circumstances are these Terms or anything on the Network to be construed as a grant to a license under any copyright, patent, trademark or intellectual property of Equipment Anywhere. or third party unless explicitly expressed.
It is strictly forbidden to delete or alter any copyright or other proprietary notice from the Network.
“Equipment Anywhere.com”, “EquipmentAnywhere.com” and other names and logos are trademarked property of Equipment Anywhere. Furthermore, all related product names, service names, design marks and slogans are included in the trademarks and service marks of Equipment Anywhere. All other product and service marks contained on the Network are the trademarked property of their respective owners. Equipment Anywhere. reserves the trademarks and copyrights to the “look” and “feel” of the Equipment Anywhere. website, including layout, design, colour palettes, button shapes and other graphical elements.
The website, all editorial content, graphics, HTML and other computer programs used to generate pages are protected by U.S. copyright laws and international treaties. These may not be copied without the express permission of Equipment Anywhere. which reserves all rights. Re-use of content and graphics from Equipment Anywhere. is strictly prohibited without prior written permission from Equipment Anywhere. Please send any direct permission requests to [email protected].
It is recommended that users are aware that the information, software, services and products published on this Network could include inaccuracies, out-of-date information and typographical errors. It is at the sole discretion of Equipment Anywhere. and other parties to make changes and additions to the information, items and services listed on the Network from time to time.
The information published on this Network may contain hyperlinks and other means of connection to websites operated by parties outside of Equipment Anywhere. This includes without limits Equipment Anywhere. member companies, agencies and its advertisers (collectively or individually). Equipment Anywhere. does not control or own responsibility for these websites, their content, availability, or viruses accessed through them. The publishing of hyperlinks or other connections to such websites by Equipment Anywhere. does not imply that Equipment Anywhere. endorses the material or has association with the owners or operators.
The activities of buyers, or Equipment Anywhere. Members, dealers and Network Partners are not the responsibility of Equipment Anywhere., nor are the business practices of Members and any information posted or downloaded by them on the Network. Nothing on the Network shall be deemed an endorsement, warranty or representation of any Member, applicant or third party in regard to products, website, services or otherwise.
Your use and Limited License;
The purpose of Equipment Anywhere. Network is for personal and non-commercial use. You may not copy, modify, distribute, transmit, reproduce, perform, use, license, publish, transfer, sell or create derivative works from any of the content or information contained on the Equipment Anywhere. Network, website products, software, services, this is unless expressly provided. These Terms and Conditions provide a non-exclusive, non-transferable, non-assignable license to use the Network only under the stated conditions.
This license does not designate the sale of any owners’ rights. Only you may use the Equipment Anywhere. Network. You may not lease, rent, transfer or sub-licence any of the data on the Network, or any user rights stated within this agreement to anyone else. You may not use any data incorporated in or a substantial amount of the Network for commercial sale. You may not store or transfer any data that resides or is exchanged via any Equipment Anywhere. electronic network to be used by more than one user unless prior permission is obtained from Equipment Anywhere.
The Equipment Anywhere. website may only be used for lawful purposes by individuals and companies looking to purchase or sell equipment, or other related items. As one of the conditions of use, users agree that you will not use (or aid others in any way to use) the Network for any purpose prohibited by these terms or by the law (including but not limited to any applicable export controls). EquipmentAnywhere.com reserves the right to monitor, shut down or share your account with law enforcement without notice if it is discovered that you are using the EquipmentAnywhere.com website for prohibited activities. It is the responsibility of the user to ensure their use of the Network complies with these Terms and Conditions, and to request written permission from Equipment Anywhere. for any uses that have not been expressly permitted in these Terms and Conditions.
Specific Prohibited Use;
In agreeing to these terms and conditions you agree to not engage in the following behaviours in connection with Equipment Anywhere.
- Share or distribute any data, information, message, text, image, software, or other materials that is unlawful, threatening, harmful, harassing, tortuous, vulgar, obscene, defamatory, libellous, hateful racially or ethnically, or any way that may invade another’s right to privacy.
- Impersonate any person or entity, including but not limited to any Equipment Anywhere. forum leaders, officials, guides, hosts. Furthermore, you must not misrepresent your affiliation with a person or entity.
- Post or distribute content that you do not have the right to reproduce or display under any law, or under any contractual or fiduciary relationships (e.g. non-disclosure agreements).
- Post or distribute any content that contains a virus or corrupted data.
- Delete any attributions from authors, legal notices or proprietary designations that have been uploaded to any communication feature.
- Use any of the communication features on the Equipment Anywhere. website in such a way that it adversely affects the ability of other users to fully use resources. This includes but is not limited to flooding posts of repetitive text, all caps or excessive shouting).
- Post or distribute any unsolicited promotion, advertisement, “junk mail”, “chain letters”, “spam”, “pyramid schemes” or any other promotions or information not related to equipment, including opinions, notices, commercial or otherwise.
- Violate any local, state, national or international law in situations that it might apply.
- Upload or distribute any content that infringes on trademarks, patents, trade secrets, copyrights or any other proprietary rights belonging to any party.
- Upload any images, video or content that contains nudity, or offers services related to dating, escorts or prostitutes.
- Respond to listings of equipment on the Network for a reason that is not to inquire about the equipment or seller. Communications from competitors with the intention to solicit seller’s business are strictly prohibited.
- Delete or revise any material posted by another person or entity.
- Send unsolicited e-mail, mail or telephone calls to posting companies and individuals.
- Attempting to modify any of the material posted by a person or entity.
- Attempting to use any software, engines, tools, agents or other mechanisms (including but not limited to browsers, robots, intelligent agents, spiders, avatars) to search or navigate this website other than the search engine made available on the company website or general third-party web browsers.
- Attempting to post, upload, email or transmit the same message, URL or equipment listing multiple times.
Some products available at Equipment Anywhere. use email hosting services. The use of email hosting accounts prohibits any spamming and unethical marketing activities, this includes but is not limited to the following:
- Disguising the origin of any content that is transmitted to or through our computer systems by manipulating identifiers (e.g. email headers). All email identifiers, including but not limited to the “to”, “from”, email address, originating domain name, must be accurate and correctly identify the person who initiated the email.
- Using our computer systems, or causing them to be used for the distribution of unsolicited or unauthorised material. This includes but is not limited to promotional material, URLs, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of unsolicited content that can be transmitted, posted, uploaded, emailed or otherwise.
- Using the subject line to mislead or deceive the recipient about the contents or subject of the message.
- Any sales-based or marketing emails sent to multiple recipients must offer a method to opt-out. The sender must provide an internet-based response mechanism (e.g. return email address) that allows a recipient to request to opt-out of future email communication, and you must honour their request. Senders may create a menu of options, allowing recipients to opt-out of certain categories of messages, which must include the option to opt-out of any commercial messages from the sender. Any opt-out mechanisms offered by the sender must be able to process out-out requests within 30 days. When the sender receives an opt-out request they must comply with the CAN-SPAM Act and other applicable laws designed to govern sending, removal and use of commercial emails. Senders are not allowed to help other entities send email to that address, or send emails on your behalf to that address. It is illegal for senders to sell or transfer the email addresses of those who opt-out, even in a mailing list, unless you transfer the addresses so another entity can comply with the law.
- All messages must contain a clear notice that the message contains advertisement of solicitation and clearly offer the chance to opt-out from further commercial email. All email must contain your valid physical postal address.
For more information about the CAN-SPAM Act of 2003 and your responsibilities and rights regarding spam, visit the U.S. Federal Trade Commission. And additional information at http://www.ftc.gov/spam/.
When using our email servers users are subject to monitoring and abuse prevention as described in the section “Monitoring”.
Website Security Rules;
It is prohibited for users to violate or attempt to violate any security on Equipment Anywhere. This includes but is not limited to:
- Accessing any data that has not been intended for that user, e.g. logging onto a user account that they do not have authorised access to.
- Attempting to test, scan or probe the security of a network to breach any authentication measures or security.
- Interfering or attempting to interfere with the service, not limited to crashing, flooding, overloading or mailbombing.
- Sending promotions, advertising, emails of products and services that have not been solicited.
- Forging a TCP/IP packet header or any header information in any email or newsgroup posting.
For any violation of the Network and/or network security, the consequence may be civil or criminal liability. Equipment Anywhere. reserves the right to investigate occurrences of violation, and cooperation with law enforcement in prosecuting those involved in the violation.
When the user submits content to the Network they automatically grant Equipment Anywhere. the perpetual, transferable, royalty-free, irrevocable and non-exclusive right and license to use, modify, reproduce, adapt, distribute, translate, distribute, perform, display and create derivative works from the content worldwide or incorporate it in other works in any media, form, or technology later developed, without restriction or compensation. The user warrants that any so-called “moral rights” in the content have been waived. Equipment Anywhere. and its designers reserve the right, but not the obligation, to edit, refuse to post or remove any content posted on the Network. This may be content that violates the Terms or otherwise. The user agrees to hold Equipment Anywhere. harmless for any and all third-party claims, demands or damages. This includes but is not limited to attorney fees that may arise of your violation of our Terms.
It is no obligation of Equipment Anywhere. to monitor the information that resides or is transmitted on the Network. However, users agree that Equipment Anywhere. may monitor content on the Network to
(1) ensure it complies with applicable laws and regulations;
(2) in order to operate the Network properly or protect itself from users;
(3) to enforce our anti-spam policy, preventing unauthorised use of our email servers and monitor email content to enforce expressed anti-spam policy;
(4) to enhance or provide the services we offer at Equipment Anywhere. and to the third party services connected to Equipment Anywhere.;
(5) for any other purposes that it may deem reasonable, necessary or appropriate from time to time. It is within the reserved rights of Equipment Anywhere. to modify, reject or eliminate any information residing or transmitted on the Network that it believes violates the Terms.
Disclaimer of Liability;
EQUIPMENT ANYWHERE. IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION DISCLOSED BY EQUIPMENT ANYWHERE. OR ON THE NETWORK. ANY REPRESENTATION OR WARRANTY IS DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES IS EQUIPMENT ANYWHERE. LIABLE FOR CONSEQUENTIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES CONNECTED TO THE USE OF THE EQUIPMENT ANYWHERE. NETWORK OR ANY SERVICES OFFERED, INABILITY TO USE, ANY INFORMATION OBTAINED FROM EQUIPMENT ANYWHERE., ARISING FROM USE OF EQUIPMENT ANYWHERE., OR ANY OTHER BASIS. EVEN IF EQUIPMENT ANYWHERE HAS BEEN ADVISED OF POSSIBILITY OF DAMAGES, EXCEPT TO THE EXTENT OF INJURY IF IT WAS CAUSED BY DELIBERATE OR GROSSLY NEGLIGENT CONDUCT OF EQUIPMENT ANYWHERE. OR ITS PERSONNEL. THE ABOVE LIMITATION MAY NOT APPLY IN CASES WHERE THE JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF FOR ANY REASON THE ABOVE LIMITATION AND LIABILITY OR EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF EQUIPMENT ANYWHERE. WILL BE LIMITED TO THE AMOUNT OF CHARGES BILLED BY EQUIPMENT ANYWHERE. DURING THE MONTHS SUCH DAMAGES OCCURRED. DUE TO THE INHERENT VARIABILITY AND UNPREDICTABILITY OF COMPUTERS AND SYSTEMS, EQUIPMENT ANYWHERE. THUS CANNOT CONTROL THEIR PERFORMANCE AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE OPERATION OF THEIR COMPUTERS AND SYSTEMS OF USERS ON THE EQUIPMENT ANYWHERE. NETWORK OR INFORMATION FROM EQUIPMENT ANYWHERE. ANY RESPONSIBILITY FOR FAILURE OF SYSTEM, REPAIR OR RESULTING INJURY LIES SOLELY WITH YOU, NOT EQUIPMENT ANYWHERE. THE FOLLOWING TERMS HAVE THESE MEANINGS: “INFORMATIONS” INCLUDES INFORMATION, MATERIAL, PRODUCT, ADVICE, APPARATUS, SERVICE, SOFTWARE OR PROCESS; “EQUIPMENT ANYWHERE.” MEANS EQUIPMENT ANYWHERE.; “EQUIPMENT ANYWHERE. NETWORK” MEANS ALL SERVICES, SYSTEMS AND WEBSITES CREATED OR PROVIDED BY EQUIPMENT ANYWHERE, INC.
The user agrees that no partnership, agency, employment or joint venture exists between them and Equipment Anywhere. or any of its members as a result of these Terms or use of the Network.
Equipment Anywhere.’s ability to perform these Terms and Conditions is subject to existing laws and legal processes, and nothing in them will diminish Equipment Anywhere.’s right to comply with law enforcement requirement and requests relating to the information gathered or provided at Equipment Anywhere.
The Terms and Conditions represent the entire binding agreement between the user and Equipment Anywhere. and supersede any or all prior understandings, representations and statements. This includes but is not limited to written, electronic or oral information regarding Equipment Anywhere. and its Network. In judicial or administrative proceedings a printed version of this Agreement shall be admissible based upon on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Certain Rights & Obligations; Modification;
Equipment Anywhere. reserves the right to terminate a user’s ability to access this service at all with no given notice or discontinuing and modifying any information contained on this service at any moment. Equipment Anywhere. reserves the right to modify these terms and conditions at any moment. Users may not assign any part of this agreement without the prior written consent of Equipment Anywhere. No waiver of any right or obligation is effective unless in writing executed by the party against whom it is being enforced.
Enforcement and Interpretation;
These terms and conditions are governed by the internal laws of the state of Texas, United States of America, and the relevant federal laws in the United States of America, and the irrevocable consent is hereby granted for both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts of Travis County, Texas, U.S.A. Use of this Network is unauthorised in any jurisdiction that does not give effect to all provisions and these Terms and Conditions. Notwithstanding this sentence, the Terms shall be severable and construed to the extent of their enforceability in the light of parties’ mutual intent as deemed unenforceable by a competent court. Given the nature of the Terms and Conditions, the user understands and agrees that Equipment Anywhere. will be entitled to equitable relief upon the breach of them by you, in addition to money damages.
Payment for Products and Services;
Equipment Anywhere. offers a range of products and services that may or may not be browser-based web applications. Products or services that require payment include items or listings offered for sale or auction to Equipment Anywhere. customers and website visitors, enhanced listings, website banner advertisements, enhanced lead services and other products and services that Equipment Anywhere. may offer for sale from time to time. By entering into this agreement, the user gives Equipment Anywhere. the right to make charges against the credit card that you have selected as your chosen payment method. Equipment Anywhere. will charge the card based on the product or service you have requested to purchase, including the subscription term you have possibly selected, as follows:
- All subscribers can find the terms of their subscription and services on the dashboard of their user account. Where applicable, Equipment Anywhere. will send an email reminder ten days prior to the expiration of your subscription. It is the responsibility of the customer to maintain an up to date email address and to whitelist Equipment Anywhere. emails to guarantee delivery of such notices.
- It is not the obligation of Equipment Anywhere. to give refunds for products or services purchased with a credit card. Under normal circumstances, products and services ordered will be provided until the end of the term purchased.
- Subscription packages in the program may not be changed during the effective subscription term. Users may change the length of their subscription at the time of renewal, requiring the subscriber to make the change in the user’s online administrative area or contact a Equipment Anywhere. representative to make the change.
- The exception to this condition is when a when a Bronze subscriber is moving to a Silver, Gold, or Platinum Package or similar upgrade. For more information on this please contact a Equipment Anywhere. sales representative. For more description on the features and functionality of each Equipment Anywhere. product offering, please visit the Equipment Anywhere. website at www.EquipmentAnywhere.com