Site Usage Terms and Conditions
How you use our Site (defined below) and Services (defined below) is extremely important to Machinery Marketing International, LLC, an Illinois limited liability company (“us,” “we” or “MMI”), and we are committed to maintaining a strong, meaningful and enjoyable user experience for you and the other users of our Site and Services.
The following Site Usage Terms and Conditions (“Site Usage Terms”), along with MMI’s Privacy Statement located at http://www.ermineonline.com/privacy-statement, which is incorporated herein by reference, (“Privacy Statement”), set out the terms on which MMI offers you access to and use of MMI’s sites, including, without limitation, MMI’s website located at www.www.ermineonline.com (the “Site”), and the services, applications and tools MMI offers (collectively, the “Services”).
These Site Usage Terms apply to visitors of the Site, any users of the Services and any other customers of MMI (all of whom may be referred to as “you” in these Site Usage Terms).
We offer a wide range of Services, and sometimes additional terms of MMI may apply. When you use a Service (for example, buying or selling machinery), you also will be subject to MMI’s guidelines, terms and agreements applicable to such Service, which are incorporated herein by reference (“Service Terms”). If these Site Usage Terms are inconsistent with the Services Terms, those Service Terms will control.
BY USING OR ACCESSING THE SITE OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE SITE USAGE TERMS. PLEASE READ THESE SITE USAGE TERMS AS WELL AS THE PRIVACY STATEMENT AND SERVICE TERMS CAREFULLY.
YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES IF YOU (A) DO NOT AGREE TO THESE SITE USAGE TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE, (B) ARE NOT AT LEAST 18 YEARS OLD OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR SERVICES BY APPLICABLE LAW.
YOU HEREBY REPRESENT THAT YOU (A) HAVE READ, UNDERSTOOD AND ACCEPTED THESE SITE USAGE TERMS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE, (B) WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF THE SITE AND/OR SERVICES, (C) ARE AT LEAST 18 YEARS OLD AND (D) MAY OTHERWISE ENTER INTO AND FORM BINDING CONTRACTS UNDER APPLICABLE LAW.
IF YOU CHOOSE NOT TO ACCEPT THESE SITE USAGE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
MMI is an equipment resale marketplace that allows users to offer, sell and buy various pre-owned machinery and equipment in a variety of pricing formats and sale methods. MMI is not a traditional auctioneer. Please note that MMI is an independent reseller and online auction host and is not affiliated with or endorsed by any manufacturers or brands of any of the equipment or machinery that are listed on the Site or through our Services.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, MMI has no control over and does not guarantee (A) the existence, quality, safety or legality of items advertised, (B) the truth or accuracy of users' content or any equipment listings, (C) the ability of sellers to sell items, (D) the ability of buyers to pay for items, or (E) that a buyer or seller will actually complete a transaction or return an item.
BUY NOW MARKETPLACE
Purchaser must pay purchase price in full prior to shipment. Terms of payment are net cash in United States dollars, prior to shipment, to MMI’s place of business, unless otherwise specified on the accompanying “quote/invoice” form. Purchaser shall pay Machinery Marketing International (“MMI”) a late penalty on all amounts over 30 days past due computed on an interest rate equal to 18% per annum. Purchaser shall also be liable for any and all costs and expenses incurred by MMI arising out of or in connection with efforts by MMI to collect any unpaid amounts hereunder including, without limitation, attorney or collection agency fees and expenses. Title to this equipment or merchandise shall not pass to Purchaser until payment of the purchase price is made in full. Prior to said payment, MMI shall retain title. Full payment of any and all agreements constitutes full understanding and agreement of MMI terms and conditions. Buyers purchasing used machine tools “as is, where is with all faults” unless otherwise agreed to in written terms with authorization from MMI managing member.
Prices do not include any federal, state or local taxes, which are in addition to the purchase price and must be paid by Purchaser. Any and all foreign duties and taxes are the responsibility of Purchaser. Unless Purchaser furnishes MMI with a tax exemption certificate, any sales, use, excise or other similar tax, where applicable, shall also be the responsibility of Purchaser and may, at the election of MMI, be added to the quoted purchase price and invoiced by MMI to Purchaser. The failure of MMI to invoice such taxes does not excuse the Purchaser from responsibility for paying them. In the event that Purchaser either fails to pay the tax or other charges as agreed above or fails to provide a valid exemption certificate, Purchaser agrees to indemnify and hold MMI harmless from any liability and expense by reason of Purchaser’s failure. Such indemnification shall include, but not be limited to, attorneys’ fees and/or other legal expenses relating to such failure.
MMI is not responsible for machine tool design, specification, tolerances or engineering and will not, under any circumstances, provide any warranty indemnification or other liability or obligation with respect to Products to the extent related to or arising out of the design, specification, tolerances or engineering of such Products. Suggestions by MMI regarding the design, specification, tolerances, use or suitability of the Products are made in good faith but are not binding upon any party and do not give rise to any liability by MMI.
The equipment or merchandise sold by MMI hereunder “AS IS, WHERE IS, WITH ALL FAULTS” and without warranty. MMI NEITHER MAKES NOR ASSUMES ANY LIABILITY UNDER ANY WARRANTY, WHETHER CONTRACTUAL, STATUTORY, BY OPERATION OF LAW OR OTHERWISE. THE WARRANTIES DISCLAIMED HEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MMI does not warrant that the merchandise and goods will not infringe any patent, trademark or other rights of a third party, or that such equipment or merchandise conforms to any plans or specifications of Purchaser or others, or meets any requirements of any federal, state, or local laws, regulations or ordinances, pertaining to safety or insurance requirements. No salesman or other representative of MMI has authority to make any warranties. It is always Purchaser’s responsibility to inspect the goods and to ascertain if the specifications, tolerances, descriptions and condition of the goods conform to the Purchaser’s requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not against MMI. Purchaser agrees with final payment to be aware of any and all faults prior to purchase as it is, where it is.
Return & Refund:
NO Return & NO Refunds on equipment sold “AS IS, WHERE IS, WITH ALL FAULTS” unless otherwise stated on your invoice. MMI does offer “30 DAY RETURN REPAIR” on approved equipment. Purchaser has 10 days from date of arrival to have correct high voltage electrical current going into the machine. If purchaser is uncertain about electrical power up, they must notify MMI and contact manufacturer of the equipment to get this information. Purchaser must notify MMI within 10 days of initial start-up. Purchaser will provide updates to MMI regarding how the machine is operating. “30 Day Return Repair” is MMI commitment that the machine will be fit for its intended purpose and in working order. The “30 Day Return Repair” is to ensure that the major components are in working order at the time of power and for the 30 day window from date of shipment. Major components are the spindle, ball screw, control, motors, drives, and tool changer. Major components ensure the used machine is fit for it’s intended purpose and is in working order. MMI has the option to repair or accept the return. In the event of a return, Purchaser must have approval in writing from MMI. All Freight, proper preparation for shipping and rigging will be the responsibility of the purchaser. Once MMI verifies the machine has been delivered and inspected for any additional damage, then MMI will refund the purchase price.
Purchaser understands that the equipment or merchandise sold hereunder have been used by persons other than MMI. Purchaser is warned and acknowledges that such equipment or merchandise may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the article leaves the possession and control of MMI). Purchaser does hereby discharge MMI from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials, including and not limited to any and all liability directly or indirectly resulting from the failure of MMI to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.
Upon reasonable notice to MMI, Purchaser shall have the right to inspect the merchandise and equipment at location during normal business hours prior to time of shipment. MMI STRONGLY RECOMMENDS THAT PURCHASER CONDUCT AN ON-SITE INSPECTION OF THE EQUIPMENT AND MERCHANDISE SOLD HEREUNDER. MMI SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF PURCHASER’S FAILURE TO INSPECT THE EQUIPMENT OR MERCHANDISE OR FOR ANY INACCURACIES, INSUFFICIENCIES, OR OMISSIONS IN SUCH DESCRIPTIONS, SAMPLES, TOLERANCES AND/OR SPECIFICATIONS. The employees or representatives of MMI are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the equipment and merchandise offered for sale inconsistent with these Terms and Conditions. Any such statements made will not be binding on MMI or be grounds for any subsequent claim.
Purchaser acknowledges that these are the only Terms and Conditions of sale, and is intended by the parties as a complete and exclusive statement of the terms of their agreement. This supersedes all prior agreements, written or oral. Any variation from the terms hereof contained in the Purchaser’s acceptance is hereby rejected. The agreement of which these terms are a part can be modified or rescinded only in writing signed by MMI. If any provision of the invoice or these Terms and Conditions is determined illegal or unenforceable, it shall not affect the enforceability of any other provision or paragraph of the invoice or these Terms and Conditions.
Freight and Insurance:
All freight and insurance charges are the responsibility of Purchaser unless otherwise agreed by MMI and Purchaser in writing. All freight is shipped Ex Works/Ex-Source/Ex-Site. Purchaser shall bear all risk of loss with respect to the equipment or merchandise sold hereunder. If an item is damaged or lost during shipping, MMI will not be held responsible.
Limitation of Remedies:
No claim arising out of or relating to this agreement shall be greater in amount than the purchase price of the merchandise or equipment in respect of which such damages are claimed. Failure to give notice of claim within thirty (30) days from the date of delivery or the date fixed for delivery (in the event of non-delivery) shall constitute a waiver by Purchaser of all claims in respect of such merchandise. The remedy hereby provided shall be the exclusive and sole remedy of Purchaser and any right to consequential and incidental damages is excluded.
GENERAL SITE REGISTRATION
In order to use the Services, you must register an account with MMI directly or with a third party service, such as Amazon or eBay, that MMI provides Services through (“TSP”). By using the Services through a TSP, you are agreeing to be bound by these Site Usage Terms as well as any other applicable Service Terms or the terms of the TSP. You may also link your MMI account with other TSP accounts, including, without limitation, Facebook. By enabling TSP access, you are allowing us to pass your login information to these TSPs for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TSP account. You can revoke our access to any TSP account at any time by disconnecting your TSP account via your MMI account.
Please remember that the manner in which a TSP uses, stores and discloses your information is governed solely by the policies of such TSP and MMI shall have no liability or responsibility for the privacy practices or other actions of any TSP that may be enabled within the Services.
If you choose to register an account with MMI, you represent and warrant that all information you provide to MMI is accurate and complete and you will update such information so that it is kept current, accurate and complete at all times. Providing inaccurate registration information constitutes a breach of these Site Usage Terms. MMI reserves the right, in its sole discretion, to disapprove of any request to become a registered user and to suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.
Registration data and certain other information about you are governed by our Privacy Statement. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and to bind the business to these Site Usage Terms, the Privacy Statement and any applicable Service Terms. Such account is owned and controlled by the business entity.
CONSENT TO RECEIVE COMMUNICATIONS
By creating an account, using the Services or otherwise providing your information to MMI, you agree that you may receive communications from MMI, including, but not limited to, emails, text messages, newsletters, promotions, special offers, account reminders and updates. Any applicable charges you incur as a result of a particular method of communication by MMI shall be your sole responsibility. You also understand that you may remove yourself from non-transaction-based communications by clicking the “Unsubscribe” link in the footer of the actual email.
When you use our Services or send emails, text messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on the Site or through the other TSP account. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LOGIN ID; PASSWORD; SECURITY
You are solely responsible for protecting the confidentiality of your account name and password and for restricting access to your computer and agree to accept responsibility for all activities that occur under your account or password. You agree to notify MMI immediately of any unauthorized use of any account name and/or password or any other breach of security regarding the Site. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
USE OF SITE AND SERVICES
You agree to comply with all applicable laws and regulations regarding your use of and access to the Site and the Services. Notwithstanding anything contained herein to the contrary, you agree you will not engage in any of the following prohibited activities:
(A) post, list or upload content or items in inappropriate categories or areas on the Site;
(B) breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
(C) use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using the Site or Services;
(D) fail to pay for items purchased by you, unless otherwise provided in the applicable Service Terms;
(E) fail to deliver items sold by you, unless otherwise provided in the applicable Service Terms;
(F) manipulate the price of any item or interfere with any other user's listings;
(G) post false, inaccurate, misleading, deceptive, defamatory or libelous content;
(H) impersonate another person or otherwise misrepresent your affiliation with a person or entity;
(I) hide or attempt to hide your identity;
(J) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
(K) upload or distribute invalid data, viruses, worms or any other technologies through the Site;
(L) use any robot, spider, scraper, data mining tools, data gathering and extraction tools or other automated means to access our Services or the Site for any purpose, except with the prior express permission of MMI;
(M) interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
(N) interfere with the working of our Services or impose an unreasonable or disproportionately large load on our infrastructure;
(O) export or re-export any MMI application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
(P) infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to MMI, including, without limitation, reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to MMI;
(Q) infringe any Intellectual Property Rights that belong to third parties or post content that does not belongs to you;
(R) commercialize any MMI application or any information or software associated with such application, except with the prior express permission of MMI;
(S) harvest or otherwise collect information about users, including account names, from the Site; or
(T) circumvent any technical measures we use to provide the Services or the Site.
USER INFORMATION AND PRIVACY STATEMENT
MMI has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see the Privacy Statement, located at http://www.ermineonline.com/privacy-statement for more information about our collection, use and protection of your personal information. By accessing or using the Site, you are specifically consenting and agreeing to MMI’s Privacy Statement.
THIRD PARTY LINKS
MODIFICATION AND AVAILABILITY
MMI may, at any time, delete, modify or supplement the content of the Site or Services without prior notice. MMI reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services, including, but not limited to, content, features or hours of availability. MMI may also impose limits on certain features of the Site or Services or restrict your access to all or part of the Site without notice or penalty. MMI does not guarantee continuous, uninterrupted or secure access to the Services or the Site. The operation of the Site may be interfered with by numerous factors outside of our control. MMI shall not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an advertisement.
You agree that MMI has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site. MMI, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the MMI, deems inappropriate or that violates any of these Site Usage Terms. During monitoring, data may be examined, recorded, copied, and used by MMI. Use of the Site by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
By using the Services or accessing the Site, you may submit various forms of media content and written communications as well as suggestions, ideas, comments, questions or other information (collectively, “Submissions”), so long as the Submission (A) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights (including publicity rights) or otherwise injurious to third parties or objectionable and (B) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MMI reserves the right to remove or edit any Submissions, but does not regularly review posted Submissions. You acknowledge and agree that any Submissions provided by you to us are non-confidential and shall become the sole property of MMI. MMI shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
When providing any content or any Submissions to MMI (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against MMI, our assignees, our sub-licensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sub-licensees' use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Site Usage Terms. You represent and warrant that such content is accurate and the use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Site Usage Terms, does not and will not infringe any Intellectual Property Rights of any third party. MMI takes no responsibility and assumes no liability for any content provided by you or any third party.
While we try to offer reliable data, we cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that MMI is not responsible for examining or warranting the listings or content provided by third parties through the Services and you will not attempt to hold us liable for any inaccuracies. As a seller, it is your responsibility to review the content of you provide us for listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies. The content on the Site may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on such content (other than by including them in your listings).
The trademarks, trade names, content, features, functionality, video, audio, images, displays designs and all other material contained on this Site or through the Services, including all portions of the Site, content, site design, text, graphics, and all Intellectual Property Rights thereto (“Service Content”) are the sole and exclusive property of MMI or its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other proprietary or Intellectual Property Rights laws. Except as expressly authorized by MMI you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part. In connection with your use of the Services or the Site, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or Site other than as specifically authorized herein is strictly prohibited. The technology underlying the Services or Site is the property of MMI, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services. Any rights not expressly granted herein are reserved by MMI.
The name “Machinery Marketing International” and "MMI" and all other MMI marks, logos, product and service names, designs, and phrases that we use in connection with our Services or on the Site are trademarks, service marks, or trade dress of MMI or its affiliates or licensors. You may not use such marks without the express written prior permission of MMI. Other company, product, and service names and logos used and displayed through the Services or Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MMI and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services or Site, will inure solely to the benefit of their respective owners.
MMI respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act with our designated copyright agent:
Machinery Marketing International, LLC
1626 W. Lake Street
Chicago, IL 60612 U.S.A
When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:
(A) A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(B) A description of the copyrighted work that you claim has been infringed upon;
(C) A description of where the material that you claim is infringing is located on the site;
(D) Your address, telephone number, and email address;
(E) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(F) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree to indemnify and hold harmless MMI, its affiliated companies and their respective officers, directors, employees, agents, successors and assigns ("Indemnified Parties") from and against any claim or demand (including reasonable attorneys' and experts' fees and costs) made by any party due to or arising out of your (A) breach of these Site Usage Terms, (B) improper use of the Services or Site or (C) breach of any law or the rights of a third party. MMI shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that MMI, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the Indemnified Parties, with such consent not to be unreasonably withheld or delayed.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE CONTENT ON THE SITE AND SERVICES PROVIDED BY OR THROUGH MMI ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER MMI NOR ANY PERSON ASSOCIATED WITH MMI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MMI NOR ANYONE ASSOCIATED WITH MMI REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MMI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF THE SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES. Some jurisdictions do not allow the disclaimer of warranties, so such disclaimer may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MMI BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF MMI OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM:
(A) YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES;
(B) PRICING, SHIPPING, FORMAT OR OTHER GUIDANCE PROVIDED BY MMI;
(C) DEFECTS IN ANY PRODUCTS SOLD ON THE SITE AND ANY INACCURACIES IN ANY LISTINGS;
(D) DELAYS OR DISRUPTIONS IN THE SITE OR SERVICES;
(E) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE SITE OR SERVICES;
(F) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SITE OR SERVICES;
(G) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SITE OR ANY SERVICE;
(H) THE CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING THE SITE OR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS;
(I) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT OR BREACH OF ANY OF THESE SITE USAGE TERMS; OR
(J) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE SITE USAGE TERMS OR OUR OTHER POLICIES.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE TOTAL LIABILITY OF MMI TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE SITE USAGE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES OR THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE SITE USAGE TERMS OR YOUR USE OF THE SITE OR SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If you have a dispute with one (1) or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE, INCLUDING, WITHOUT LIMITATION, CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
By accessing the Site, you agree that these Site Usage Terms and your usage of the Site or Services shall be governed exclusively by the laws of the State of Illinois without regard to conflict of laws principles, regardless of your location when accessing the Site or using the Services. These Site Usage Terms are entered into and performed in Chicago (Cook County), Illinois USA. These Site Usage Terms do not give rise to personal jurisdiction over MMI, either specific or general, in jurisdictions other than Illinois. MMI makes no representation that the Site or the Services are appropriate or will be available for use in other locations. If you use a site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site, Services and third party content.
The parties shall attempt to resolve any disputes through good faith business negotiations or facilitative mediation in Chicago, Illinois. Except as otherwise determined by MMI, in its sole discretion, all disputes or claims arising out of or relating to these Site Usage Terms shall be settled by arbitration, to be conducted by a single arbitrator in Chicago, Illinois, by and in accordance with the then effective commercial rules of the American Arbitration Association; provided that the arbitrator shall not have authority to issue injunctions. The costs of the arbitration and the reasonable attorneys’ fees of MMI shall be included in any award rendered by the arbitrator. The proceedings shall be conducted only in the English language. Judgment upon the award may be entered in any court having jurisdiction thereof. Other legal proceedings, if any, shall be initiated and maintained in Cook County, Illinois, and in the event MMI brings such legal proceeding against you to enforce MMI’s rights hereof, the costs and expenses incurred by MMI (including attorneys’ fees) in connection with such legal proceeding shall be paid for by you. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens.
AMENDMENT OF THESE SITE USAGE TERMS
MMI may, modify, add or remove any portion of these Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to these Site Usage Terms.
Any notice to MMI must be in writing and must be sent via email to email@example.com and by registered mail or overnight courier to Machinery Marketing International, LLC, 1626 W. Lake Street, Second Floor, Chicago, IL 60612, U.S.A. Any notice to you shall be given by email to the email address provided to you during registration as a registered user, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Without limiting any other remedies, MMI shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in MMI’s sole discretion for any reason, including, without limitation, if we determine that you have violated the Site.
If any provision of these Site Usage Terms is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect.
The failure by MMI to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision.
No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by these Site Usage Terms.
You may not assign or transfer these Site Usage Terms or your obligations hereunder in whole or in part, whether by operation of law or otherwise, without MMI's prior written consent. In the event of a permitted transfer, these Site Usage Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
To the extent any novation is required for MMI to assign these Site Usage Terms, you hereby appoint the officers of MMI as your attorney-in-fact to execute all documents necessary to consummate such novation.
All provisions in these Site Usage Terms regarding representations and warranties, content, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms.
Any delay in the performance of any duties or obligations of MMI will not be considered a breach of these Site Usage Terms if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of MMI, provided that MMI uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.
If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, MMI does so solely for your convenience.
These Site Usage Terms, the Privacy Statement and the Service Terms (if any) contain the entire agreement between you and MMI, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.