| THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH THE USED
EQUIPMENT EXCHANGE, A ECOMMERCE SOLUTIONS, LLC COMPANY, OFFERS YOU ACCESS
TO OUR WEBSITE
The Used Equipment Exchange may amend these terms and conditions at any time
by posting the amended terms on our site. The amended terms will be effective
automatically after they are initially posted on our site.
1. Description of The Used Equipment Exchanges Services.
The Used Equipment Exchange provides a website for sellers to sell items
and for buyers to buy items. The Used Equipment Exchange, also provides
advertisers the ability to advertise. We are not involved in the actual
transaction between said buyers and sellers. Therefore, we have no control
over the quality or safety of the items offered for sale, the truth or
accuracy of the listings or descriptions of items, or the ability of the
sellers to sell items or the buyers to buy items. We do not control whether
sellers will complete the sale of an item they have offered for sale or
whether buyers will complete the purchase of an item they have bid on.
We attempt to provide, but do not guarantee, continuous, uninterrupted,
secure access to our services, and operation of our site may be interfered
with by factors outside our control.
2. Privacy. See our Privacy
Statement
3. Links to Other Websites:
The Used Equipment Exchange provides links to third-party websites, such
as those of our business associates and online advertisers. While on these
sites, the Used Equipment Exchange does not assume responsibility for
the accuracy or appropriateness of the information contained at such sites
or endorse the viewpoints, products or services offered at such sites.
Because the Used Equipment Exchange does not control the information policies
or practices of these third parties, you should review their privacy policies
and terms and conditions. Any mention of another individual, business,
dealer, advertiser or company or its products or services on the Used
Equipment Exchange should not be construed as an endorsement of that party
or its products or services.
4. Fees.
There is no charge to browse or search for equipment listings on the
Used Equipment Exchange. The Used Equipment Exchange charges only advertisers
for advertising and individuals and companies, a listing fee, who list
equipment for sale.
5. No Warranties.
WE PROVIDE THIS SITE AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS OR IMPLIED. THE USED EQUIPMENT EXCHANGE MAKES NO
WARRANTY REGARDING ANY OF THE ITEMS POSTED. YOU ASSUME FULL RESPONSIBLIITY
FOR USE OF THE USED EQUIPMENT EXCHANGE TO ACHIEVE YOUR INTENDED PURPOSES.
THE USED EQUIPMENT EXCHANGE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE IS FIT FOR
ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE USED EQUIPMENT EXCHANGE
WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. WE SPECIFICALLY DISCLAIM
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE,
SHALL THE USED EQUIPMENT EXCHANGE, OR ANY OF ITS PARENTS OR AFFILIATES
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THE SITE OR IN RELIANCE ON THE INFORMATION
AVAILABLE ON THE SITE, INCLUDING ANY PERSONAL INJURY, BUSINESS INTERRUPTION,
LOSS OF USE, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF
THE USED EQUIPMENT EXCHANGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Release.
The Used Equipment Exchange is not and cannot be involved in seller and
buyer transactions. In the event that you have a dispute with one or more
sellers or buyers, you release the Used Equipment Exchange and its agents
and employees from any and all claims, demands, and damages (actual and
consequential) of every kind and nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way connected
with such disputes. The Used Equipment Exchange cannot and does not try
to control the information provided by users of the Used Equipment Exchange
made available through this system. Therefore, we urge you to use caution
and take whatever steps you deem necessary to protect yourself when using
this service or site, or entering into a transaction with another user.
8. Indemnity.
You agree to defend, indemnify and hold The Used Equipment Exchange harmless
from and against any and all claims or resulting losses, liabilities,
expenses and costs, including attorneys fees and legal defense costs,
arising out of, relating to, or to the extent caused by your negligence
or misconduct in connection with the use or misuse of the Used Equipment
Exchange site and service.
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