Terms of Use

Last Updated 7/26/2022

This network is provided by SmartEquip, Inc. and its affiliates (collectively, “SmartEquip”, “we”, “us” or “our”). By accessing or using the SmartEquip network operated by or for us (individually and collectively, “our network(s)”), you, a user of our network and/or our customer (individually and collectively, “you” or “your”) are indicating that you acknowledge and accept these Terms of Use. These Terms of Use are subject to change by SmartEquip at any time at our discretion. Your use of our network after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Review these Terms of Use regularly for changes before using or accessing our network.

Content and Intellectual Property

For purposes of these Terms of Use, “Content” includes text, lists, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software and other information.

Content available on our network is proprietary information protected by copyright or trademark or otherwise unless expressly noted and may not be used except as provided in these Terms of Use or with the prior written consent of SmartEquip. No license is granted to use any such proprietary information, whether by implication, estoppel or otherwise.

Third Party Trademarks
Trademarks displayed on our network not owned by SmartEquip are the property of their respective owners, who may or may not be affiliated with SmartEquip. Nothing contained on our network should be construed as granting any license or right to use any third party trademarks without the express written consent of such third party that may own the trademarks. Your use of the trademarks, or any other Content on our network is strictly prohibited, except as expressly provided in these Terms of Use.

Linked Sites
Our network may link to or be linked from other websites that are not maintained by, or related to, SmartEquip. SmartEquip does not endorse, and is not responsible for, the content of any third-party websites.

Restrictions on Use

Content on our network is the property of SmartEquip and/or third-party licensors and is protected by U.S. and international copyright laws. For purposes of these Terms of Use, any use or alteration of Content not expressly authorized by SmartEquip in writing is a violation of SmartEquip’s intellectual property rights.

Content may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted for commercial use or general distribution or in any other way without SmartEquip’s prior written consent, provided that:
Pages from our network may be downloaded, printed, and used by you for your own internal purposes and are not for resale.
Any downloaded, printed, reproduced or copied pages from our network must not be altered from the original Content as it appears on our network and must include the applicable copyright notice.

Prohibited Uses
In using or accessing our network, you shall at all times comply with our requirements regarding prohibited uses of our network set forth below; these prohibited uses may be revised, by us, from time-to-time. From time to time, we will provide you with electronic notice, either by e-mail or Web posting on our network, of the revision or update of prohibited uses. Your continued use of our network after such posting or notice shall constitute your acceptance of the revision or update. Prohibited uses include the following:

  • posting or transmitting materials, e-mail or information of any kind that is or may be unlawful, harassing, threatening or abusive, defamatory, libelous, slanderous or scandalous, obscene, pornographic, profane or otherwise objectionable;
  • posting or transmitting materials, e-mail or information that may constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
  • posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the U.S. export control laws and regulations;
  • posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
  • attempting to ‘hack’ root or user logins on another system, machine, or network;
  • attempting to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any SmartEquip server;
  • framing or utilizing framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout);
  • including any inappropriate third party advertising;
  • using our network to commit fraud or engage in other misleading or deceptive activities;
  • monitoring, gathering or copying any Content by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other non-human or automatic device, utility or manual process of any kind;
  • engaging in any activities through or in connection with our network that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;
  • attempting to circumvent the security systems of our network;
  • attempting to use our network for any purposes other than those intended by SmartEquip, as determined by SmartEquip in its sole discretion;
  • uploading or submitting any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; and
  • engaging in any activity that interferes with a user’s access to our network or the proper operation of our network or impersonating any person or entity.

Content and functionality of our network may be updated or changed at any time without prior notice. In addition, if SmartEquip becomes aware that you are copying, modifying or distributing Content outside of any permitted use, SmartEquip reserves the right to revoke your access to or use of our network.

In addition to any other remedy that SmartEquip may have at law or in equity, the termination of access to and permission for use of our network, and the immediate removal of any offending material, we will investigate, to the full extent of the law, incidents where we believe there are or have been prohibited uses of our network. We will fully cooperate with law enforcement organizations and regulating bodies to provide requested information with regard to such investigations.

If you wish to use Content on our network other than for your own informational, non-commercial purposes, you must first secure written consent in order to use such Content, send a request with your proposed use to the email below or call the number below.

Disclaimer

SmartEquip cannot guarantee that our network or its content are error-free. SmartEquip makes no representations about the technical accuracy or functionality of our network or that Content is accurate, error-free or up to date.

OUR NETWORK IS PROVIDED BY SMARTEQUIP ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTEQUIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR NETWORK IS AT YOUR SOLE RISK. SMARTEQUIP DOES NOT WARRANT THAT THE INFORMATION IN OUR NETWORK IS ACCURATE, RELIABLE, UP-TO-DATE OR CORRECT, THAT OUR NETWORK WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT OUR NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SMARTEQUIP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SMARTEQUIP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR NETWORK OR ITS CONTENT. SMARTEQUIP MAKES NO WARRANTIES THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability
Neither SmartEquip, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering our network is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, our network or the operation of our network or failure of our network to operate. In no event shall SmartEquip be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if SmartEquip has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from our network. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms of Use and your access to or use of our network; you acknowledge that SmartEquip would not grant you access to our network without your agreement to this term.

International Use
SmartEquip makes no representation that Content is appropriate or available for use in locations outside the U.S., the U.K. or Europe. Access to our network is prohibited from countries or territories where such access is illegal or restricted. Anyone who chooses to access our network outside these countries is solely responsible for compliance with local laws. You are solely responsible for compliance with all applicable export control laws and regulations of the United States and other countries for any products and technical data you deliver or receive through our networks.

Governing Law
You agree that your use of our network, this Agreement and any disputes relating thereto shall be deemed to have been made under, and shall be governed by the laws of the State of New York in all respects, including but not limited to matters of construction, validity and performance, without regard to principles of conflicts of laws. You agree that by accessing or using our network, you agree and consent to the jurisdiction of the federal and state courts in the state of New York and that any litigation that may arise out of such use or access shall be tried solely by a court of competent jurisdiction in the state of New York.

General Terms
SmartEquip’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any person or entity at any time without notice to you. Should any provision of these Terms of Use be held to be unenforceable, the remaining provisions hereof shall remain in full force and effect.

You can contact us with questions or comments by e-mailing at info@smartequip.com.