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PRO-EQUIPMENT, INC
TERMS OF USE
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The Terms of Use (the “Terms”) found on this page should be read carefully by all users of this Website and should be reread regularly to check for modifications. PRO-Equipment, Inc. (“PRO-Equipment”) reserves the right, in its sole discretion, to modify the Terms at any time without notice and you agree to be bound to such modification. Your use of this Website in any form evidences your agreement with the Terms.
GENERAL
Although PRO-Equipment endeavors to ensure that all information contained in this Website is accurate and reliable, PRO-Equipment does not guarantee or warrant any information found on this Website, specifically and without limitation the following:
- That your access to this Website will be free from interruptions, viruses, errors or other harmful components;
- That the Content is updated or that any duty exists to update content;
- That the Content is accurate or complete;
- That the Content is free from inaccuracies or typographical errors; and
- That the Content is free from changes or manipulation by third parties.
The use of this Website is at your own risk and on an “as-is” and “as-available” basis only. If you do not agree with any of the Terms or are confused in any way by the Terms’ meaning(s), please exit from this Website and contact PRO-Equipment directly or otherwise obtain counsel.
To the fullest extent permissible by and pursuant to applicable law, PRO-Equipment, its parent and its affiliates disclaim any and all warranties or guarantees of any kind, whether expressed or implied, as to any matter whatsoever relating to this Website, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. PRO-Equipment may from time to time revise the information, services, and resources contained in this Website and reserves the right to make such changes without any obligation to notify past, current, or prospective visitors. In no event shall PRO-Equipment, its parent or its affiliates, or their respective owners, directors, officers, employees, agents, or licensors be liable or responsible for any loss, damage, injury, claim, liability or other cause of any kind or character whatsoever, and whether actual, indirect, special, incidental, consequential, punitive, treble or otherwise, and whether caused by, based upon, or arising out of any use of or inability to use either this Website (such as viruses, omissions, or misstatements) or the information contained in this Website, including any loss of data, loss of profit, loss of information, or any business interruption, even if PRO-Equipment has been advised of the possibility of such damages. You agree to indemnify, defend, and hold harmless PRO-Equipment, its parent and its affiliates, and their respective owners, directors, officers, employees, agents, licensors, or any person or entity involved in the creation, production, and distribution of the Website, from and against any and all claims, liabilities, losses, costs, and expenses incurred in connection with any breach by you of the Terms or resulting from, or in connection with, your use of this Website.
COPYRIGHT & TRADEMARK
All information and materials provided by PRO-Equipment on the Website, including but not limited to text, data, ratings, reports, images, photos, graphics, charts (the "Content") is owned by or licensed to PRO-Equipment. PRO-Equipment and its licensors retain all proprietary rights to the Content. All unauthorized use of published information (including e-mail addresses) is strictly prohibited without prior written permission from PRO-Equipment. You are hereby granted permission to view, print, and distribute the pages of this Website for your personal use only. You are not permitted to modify, copy, reproduce (other than as set forth herein) or transmit (except for the transmission of pages via a clickable email button located on a Website page) any page within this Website in any form or by any means. In consideration of this authorization, you agree that any distribution of this Website that you make shall retain all copyright and other proprietary notices contained in the Website. No other rights are granted hereunder. All text or images bearing the symbols TM, © or ® are trademarks, copyrights or registered trademarks of PRO-Equipment or are used herein by permission of their respective owners. This Website contains many of the valuable trade names, trademarks, service marks, images and logos owned and used by PRO-Equipment to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied unless approved in writing by PRO-Equipment. Any unauthorized use of PRO-Equipment-owned marks or graphics is strictly prohibited.
COPYRIGHT MATERIAL
If you believe your copyrighted material is being used on this Website without permission, please notify PRO-Equipment at: info@proequipment.com
HYPERLINKS
Certain hyperlinks provided on this Website will launch other websites that are not under the control of PRO-Equipment. PRO-Equipment provides these outside website links solely as a convenience to its users and the furnishing of any such link by PRO-Equipment is not an endorsement by PRO-Equipment of that website or any of that website’s contents, products, or services contained or offered therein. PRO-Equipment has not reviewed any or all of the websites hyperlinked to or from this Website and is not responsible for, and makes no representations or warranties whatsoever concerning, that website’s availability, accurateness of content or completeness, including without limitation subsequent hyperlinks found on those websites. Additionally, if a third-party website hyperlinks to this Website, it is not necessarily an indication of an endorsement, sponsorship, joint venture, partnership or authorization by or with PRO-Equipment, its parent or its affiliates. Any website that does so hyperlink to this Website is hereby on Notice that said website:
- Must not contain content that could be construed as distasteful, offensive, or controversial, and should contain only content that is appropriate for all age groups;
- Must not create a border environment or frame PRO-Equipment’s Website content;
- Must not misrepresent its relationship (if any) with PRO-Equipment or imply that PRO-Equipment endorses it or any of its website contents, products or services;
- Must not present false information about PRO-Equipment’s products or services; and
- May link to this Website, but may not replicate PRO-Equipment content.
SUBMISSIONS
By submitting information and material to PRO-Equipment, whether via the Internet, e-mail, or otherwise, including, but not limited to, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, you thereby expressly grant, or warrant that the owner of such material has expressly granted PRO-Equipment a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to the Privacy Policy set forth on this site.
IMPERMISSIBLE USAGE AND EXPORT
All users of this Website expressly agree not to use this Website and/or the Content in any manner that violates applicable laws and/or regulations. Applicable law may prohibit the export of certain technical data and software to certain countries. None of the Content from this Website may be used, downloaded, or otherwise exported in violation of applicable laws and/or regulations.
ACCESS TO WEBSITE
PRO-Equipment reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to this Website, including the Content, features, and hours of availability.
PRODUCTS/SERVICES AVAILABILITY
The availability of the products and services described in this Website, and the description of the products and services, may vary from country to country. Contact a PRO-Equipment sales representative for specific product and service information.
CLIENT REFERENCES
To the extent that this Website contains references to past and/or present clients of PRO-Equipment, those references should not necessarily be interpreted as endorsements of PRO-Equipment by such entities.
JURISDICTION & VENUE
This web site is controlled and operated by PRO-Equipment from its offices within the United States of America. PRO-Equipment and its affiliates make no representation that the Content of this Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms shall be governed by and construed and enforced in accordance with the laws of the State of Wisconsin, as it is applied to agreements entered into and to be performed entirely within that State, without giving effect to any principles of conflicts of laws. Any legal action concerning the Terms or this Website must be brought within one (1) year after the claim or cause of action arises and must be brought only in either the state or federal courts located in Waukesha, Wisconsin, and you expressly consent to the jurisdiction of said courts.
SEVERABILITY & INTEGRATION
If any provision of the Terms shall be determined to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the Terms and shall not affect the validity and/or enforceability of any remaining provisions. These are the entire Terms between the user and PRO-Equipment relating to the matters contained herein and shall not be modified, except in a writing signed by PRO-Equipment. Copyright 2007 PRO-Equipment, Inc. All Rights Reserved.
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