Please read this Agreement carefully. Even if you fail to accept this Agreement as described above, by accessing the Web site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.
CHANGES TO SERVICES, AGREEMENT AND/OR WEBSITE
Machines2find may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Website. In addition, Machines2find may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Website at any time in its sole discretion. Further, Machines2find may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. If any of these rules or any future changes are unacceptable to you, you should discontinue use of the Services and Website. Your continued use of the Services or Website now, or following the posting of of any changes in this Agreement, will indicate acceptance by you of such rules, changes and/or modifications. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Machines2find from time to time.
SERVICES AND PARTIES
The Services are described within various pages of the Website. You should review these pages to gain a better understanding of the Services and the goals behind the Website. At a general level, Machines2find serves as an online directory to list machines, equipment and related items to the industry and services for sale.
Machines2find is not a manufacturer, retailer or re-seller with respect to machinery, equipment or any other products or services listed on the Website. Rather, Machines2find is merely an online resource for buyers and sellers of these goods and services to locate one another. Machines2find does not endorse or recommend the products or services of any particular company or manufacturer. Machines2find is not your agent, nor is Machines2find an agent for any of the companies which list products and/or services at the Website. The services of Machines2find are administrative only. Machines2find, in this regard, is providing nothing more than a listing service where such products and/or services can be purchased directly from such third party vendors or resellers, and Machines2find shall not be liable in any way for the condition of any such product, the performance of any such service or any other action taken by any of these third party vendors. You agree that Machines2find shall not be liable for any damages or costs of any type arising out of or in any way connected with your purchase and/or use of any machine, equipment or other item or service at the Website.
More specifically, Machines2find provides the Services and the Website so that sellers may offer assets for sale and buyers may place offers to purchase these assets directly with the seller. As such, Machines2find is neither a principal interested in the transactions, nor an agent of buyer or seller. Machines2find does not have the power to transfer title to any assets offered by sellers at the Website. Because Machines2find is not a party to any transaction, Machines2find does not make, and should not be construed as having made, any representation or warranty of any kind concerning any of the offered assets, including without limitation any representation or warranty regarding the quality, safety or legality of the offered assets, or the truth or accuracy of any offerings. Additionally, Machines2find makes no representation or warranty of any kind as to the willingness or ability of either a buyer or seller to complete a sale. Buyers and sellers are solely responsible for independently verifying the background and credit-worthiness of those parties with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction. Further to your release above, in the event of any controversy or dispute regarding any transaction conducted through use of the Services or the Website (a "Dispute"), you hereby release Machines2find, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which you may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.
Machines2find expressly reserves the right to discontinue, suspend or terminate the offering of one or all of its services at any time.
Fees charged for the various products and/or services offered at the Website, including fees for listing machines are set forth in various locations throughout the Website or in a separate document. In consideration for providing the Services, you agree to pay all such fees which are due and owing on account of the selections you have made at the Website. Fees are payable as set forth in the applicable portion of the Website, and you hereby agree to pay all costs and expenses incurred by Machines2find (including attorneys' fees) in collecting past due fees. In addition, past due fees shall accrue interest at the lesser of 15% per annum or the maximum rate allowed by law. By using any Services, you hereby agree to pay all fees due and owing to Machines2find (and, if applicable, authorize Machines2find to charge the credit card you have on file with Machines2find for all fees due and owing hereunder). All fees described herein (including, without limitation, the fees) are non-refundable.
OTHER THIRD PARTY SERVICES
In addition to the Services described above, you may be able to search for information and additional service providers in various portions of the Website. All content and data included in any such section has been provided to Machines2find by a third party, and Machines2find does not guarantee the accuracy of any listing generated by your search. Such service is offered by Machines2find for informational purposes only, and Machines2find shall not be liable to you or any third party on account of any information posted or displayed in connection with this service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web site are: Copyright © 2008 Machines2find. All rights reserved. Other product and company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Machines2find or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by Machines2find. This Agreement shall not be deemed to transfer from Machines2find or any licensor to you (i) any of Machines2find's intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Machines2find, or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
DISCLAIMERS AND LIMITATIONS
Machines2find intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by Machines2find at any time. The Website and the information, software, products and services associated with it are provided "as is, where is and as available". Machines2find disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Website and any information, software, products and services provided within the Website, including without limitation (I) the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, and (II) as to the results that may be obtained by use of the Website or any of Machines2find's services or products purchases through the Website.
Use of the Website and/or Machines2find's services is at your own risk, Machines2find is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of the Website and/or Machines2find's Services or with the delay or inability to use the Website, or for any information, software, products and services obtained through the Website, or otherwise arising out of the use of the Website, whether resulting in whole or in part, from breach of contract, tortious behaviour, negligence, strict liability or otherwise, even if Machines2find had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so that the above exclusion may not apply to you. In all events, the aggregate liability of Machines2find for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by you to Machines2find via the Website.
UNAVAILABILITY OF SERVICE OR WEBSITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Services. While it is Machines2find's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Machines2find, access to the Website and/or Services may be interrupted, suspended or terminated from time to time. You agree that Machines2find shall not be liable for any damages arising from any such interruption, suspension or termination of the Website and/or Service and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the Website and/or Service. As a condition of use of the Website and/or the Services, you agree to indemnify Machines2find from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Website or any of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Machines2find does not operate or control in any respect any information, software, products or services available on such web sites. Machines2find's inclusion of a link to a website does not imply any endorsement of those services or the website, its contents or its sponsoring organization.
ERRORS AND DELAYS
Machines2find is not responsible for any errors or delays in responding to an inquiry or RFQ or otherwise processing information submitted by you at the Website, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of a third party to timely respond to any such inquiry or RFQ, or (iii) technical problems.
You agree that Machines2find may immediately terminate your account and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of any agreements with Machines2find or guidelines posted by Machines2find, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Machines2find account includes (x) removal of access to all offerings within the Services, and (y) barring further use of the Services. Further, you agree that all terminations shall be made in Machines2find's sole discretion and that Machines2find shall not be liable to you or any third-party for any termination of your account or access to the Services.