User Agreement

 

Welcome to www.equipmentjournal.com (hence referred to as the website), a service of Pace Publishing Limited.  By using this website, you accept the terms of this User Agreement.

 

1.       General Provisions

 

Please note that the terms of this agreement may change at any time.  By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified.

 

2.       Buying and Selling Heavy Equipment

 

The website is a listing and information service that brings together buyers and sellers of heavy equipment.  The seller, not Equipment Journal, supplies information about a particular piece of equipment.  The price and other terms of any sale remain subject to direct negotiations between the buyer and seller.  We do not verify information posted by the seller, nor can we guarantee payment by a buyer.

 

Listings by dealers without an online account are subject to review and display of such listings will be delayed.

 

When you offer an item for sale through the website, you must make every effort to ensure the accuracy of the listing.  You must have possession of the equipment listed and the ability to transfer title.  Buyers accept that errors may occur in any particular listing and that advertising is merely an offer to sell and may be withdrawn at any time.

 

Though we do not monitor every transaction that originates on the website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or postings that come to our attention we consider unacceptable or inappropriate, whether for legal or other reasons.

 

The website is an online advertising resource.  Unless otherwise specified, the online ads you purchase on the website will not appear in print.

 

3.       Links to Other Sites

 

For your convenience, we make available a variety of links to other websites that we don’t operate where you can obtain heavy equipment related products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors.

 

4.       Ownership and Permissions

 

The website is made available for your personal, non-commercial use only.  Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site.  You may display and print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner.  You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner.

 

You may establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Pace Publishing Limited.

 

5.       Disclaimer of Warranties, Limitation of Liability, and Indemnification

 

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." PACE PUBLISHING LIMITED AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL PACE PUBLISHING LIMITED OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF PACE PUBLISHING LIMITED AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PACE PUBLISHING LIMITED, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE.