The Terms act as an agreement between the User and EquipmentDay and have a legally binding effect. Please read the Terms carefully and get a printed copy of them for referential use. Accessing the Site and using the Services are considered as the confirmation that the User has read and understood the Terms and consented to the provisions.
EquipmentDay gives access to a platform where users are allowed to publish offers for sale (hereinafter, “Listed Item(s)”) and to view the offers. However, EquipmentDay does not sell or buy any Listed Items. By employing the Services, the User acts in his or her name and on his or her behalf and bears full liability for any actions taken on the Site. EquipmentDay is not a representative of any User and does not participate in any transactions that may be performed by users of the Site. The User is solely liable for any disputes that may arise with other users of the Site. However, EquipmentDay reserves the right to monitor conflicts between users or make inquiries about them with the aim to protect the Site and prevent potential violation of the Terms.
Access and Use
Although EquipmentDay expends all reasonable efforts to ensure the availability of the Site and Services for all users obeying the Terms, we provide no guarantee of their security or the absence of bugs or viruses. It is the User who is responsible for adjusting hardware and software to access or use the Site and for deploying antivirus solutions.
The use of the Site and Services is allowed only for those users who are eligible to conclude a legally binding agreement and who comply with the Terms and all relevant laws of local, national, or international levels. The use of the Site and Services is not permitted to those users who have not reached the age of majority in their respective jurisdiction. EquipmentDay is at liberty to restrict or cancel access to the Site at any time and at its sole discretion. The applicable reasons for the sanctions include but are not limited to the violation of the Terms by the User, fraud prevention, risk assessment, safety reasons, or protection of property. However, EquipmentDay is not obliged to provide any reasons for the sanctions. We also reserve the right to terminate any account at any moment and without notice or refund. Those users whose access was previously blocked or suspended are not allowed to use the Services.
Upon creating an account with EquipmentDay or using the Site and Services, the User undertakes (a) to comply with all the provisions set out in the Terms; (b) to submit only valid and accurate information about the User and Listed Item(s); (c) to refrain from publishing offensive, political, deceitful, threatening, or unlawful content or information irrelative to a specific topic; (d) to ensure security measures toward any user identification information that may be associated with the account, to immediately inform EquipmentDay about any suspicion of security violation, and to accept all risks related to access to the account and information provided on the Site; and (e) to respect the intellectual property rights and privacy of any third party.
Users are allowed to use the Site only for the purpose of publishing Listed Item(s) for sale or viewing them for potential purchase. Resale and replication of the Services and the content published on the Site is prohibited and punishable by the termination of access to the Site and the use of the Services. The User must remove or destroy any content received in breach of the Terms.
Equipment Day is entitled to grant access to content regarding Listed Item(s), both current and historical, and associated information (hereinafter, the “Site Information”). The User shall not:
- introduce any alternations in the Site Information or portions of the Site and Services;
- decompose the Site Information and use its visuals and audio pieces separately from accompanying text and vice versa;
- remove any signs indicating the owner of the Site Information or the content available through the Site and Services or claim ownership over such information and content, including on behalf of others;
- use any part of the Site Information, the Services, or the content for purposes other than those stipulated by Acceptable Usage without proper license acquisition;
- try to gain access to restricted parts of the Site or Services, including those designed to manage the Site;
- collect any web data or extract any other data from the Site or Services;
- use any textual information, audio, or visuals obtained from the Site Information or the content of the Site or Services in any way for public or commercial purposes, including report preparation and data aggregation;
- disclose EquipmentDay or display any part of the Site Information, the Site, or the Services on any web resource that discredits us, or our products, or services or violates any of our rights;
- purposefully damage the Site Information or the content accessible through the Site or Services;
- consciously or negligently infect the network and computer systems of EquipmentDay with malware.
Content Uploading and Posting
All the information and content provided by the User on the Site or collected by EquipmentDay as the User utilizes the Site and Services is referred to as “User Content.” User Content is used, stored, distributed, reproduced, and made available to third parties by EquipmentDay under a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, and royalty-free right and license herewith warranted by the User. EquipmentDay does not guarantee the safe-keeping and integrity of User Content in its possession, and the User is solely responsible for the back-up of User Content. EquipmentDay reserves the right to declare the identity of the User if a third party claims ownership of the content posted on the Site by the User. EquipmentDay is also entitled to delete any User Content provided on the Site if it violates the Terms.
EquipmentDay shall not be liable for any User Content. EquipmentDay does not monitor, check, or approve any content uploaded by other users to the Site and Services, including chatrooms and message boards. The opinions of other users, offered on the Site, shall not be considered as the views and values of EquipmentDay.
In addition to the fact that EquipmentDay is endowed with the rights specified in this section of the Terms, the User understands and agrees that EquipmentDay is entitled to display Listed Item(s) posted on the Site on affiliated or partner websites at its sole discretion.
Compliance with Laws
The User undertakes to comply with the local, state, national, and international legislation that apply to the use of the Site and Services. The User also will observe all the above regulations applicable to services, products, tools, or transactions available through the Site or Services or in connection with using the Site or Services.
The User that does not reside in the United States undertakes to obey the legislation of the United States, including the Foreign Corrupt Practices Act and the U.S. Export Control Act, along with applicable local legislation. Residents of a country sanctioned by the United States and non-national individuals or entities vetoed by the United States government or banned by similar legislative acts in other jurisdictions are prohibited to use the Site or Services.
The User understands that export/import bans, restrictions, or costs may apply to Listed Item(s) and undertakes sole liability for defining and observing any import/export laws, requirements, and rules applicable to Listed Item(s) and any transaction related to the Listed Item(s). EquipmentDay disclaims all liability for any losses or shipping refunds should Listed Item(s) be confiscated, destroyed, or returned by customs authorities.
The User understands that although EquipmentDay does not participate in transactions between users and is not held liable for legal compliance regarding the Site and Services, it may be legally bound to disclose information about the Services and Listed Item(s) when requested by government agencies in the context of investigations, litigation, or administrative proceedings. EquipmentDay has the right to decide on complying with such obligations at its own convenience.
EquipmentDay does not identify taxes that may apply to any transaction carried on the Site and does not perform any actions related to tax administration. Nothing done or said by EquipmentDay should be considered as tax advice, including tax-related services or tools that may be provided by EquipmentDay for informational purposes, such as automated tax compliance solutions. The User bears sole responsibility for all actions associated with any taxes or duties that apply to any transactions regarding Listed Item(s). Generally, a seller is the one responsible for determining whether any taxes apply to a transaction and for proper tax collection and reporting to corresponding tax authorities. However, the User is recommended to seek professional tax assistance should any questions arise related to tax obligations.
EquipmentDay provides the Site and Services, including but not limited to all content accessible through the Site and Services, “As Is” and “As Available”. To the maximum extent permitted by relevant law, EquipmentDay disclaims any warranties express or implied, including, without limitation, implied warranties of non-infringement, merchantability, or fitness for a particular purpose. EquipmentDay is only a passive channel that serves to provide content and simplify communications between users. Under no circumstances EquipmentDay sells any Listed Item(s) and warranties that the Listed Item(s) will be in good working order when received or that they will keep function properly for any time after you receive them. To the maximum extent permitted by applicable law, EquipmentDay issue no warranties of any kind regarding any products or services or the security of sensitive information transmitted through the Site, Services, or any associated website, even if EquipmentDay is informed about such issues.
EquipmentDay provides no warranties that the features and content of the Site and Services will be accurate, complete, updated, uninterrupted, or error-free. EquipmentDay does not undertake to correct defects and does not represent that the Site, or the Services, or the servers used to make the Site or Services accessible are free of malware. The User accepts that data transmitted through the Site or Services is not confidential and other people may view or intercept the communications and content. The User accepts that providing any information on the Site or Services by the User does not create any binding relationships between the User and EquipmentDay unless expressly stated in these Terms.
The User shall not hold EquipmentDay liable for any content posted by any user, including but not limited to translation of the content. The User understands and agrees that EquipmentDay does not participate in any transactions between users of the Site and Services, and does not exercise control over any transaction or Listed Item(s), and does not warrant that any transactions and Listed Item(s) are safe or that any content provided on the Site and Services is accurate and honest.
The User shall fully indemnify, defend, and hold harmless EquipmentDay, its affiliates, subsidiaries, and each of their officers, directors, employees, agents, successors, and assigns (hereinafter, “Indemnified Parties”) from and against all claims or demands (including but not limited to reasonable attorneys’ and experts’ fees) raised by any third party, which arise out of or relate to (i) any violation of the Terms by the User; (ii) the misuse of the Site or Services by the User; (iii) any personal injury, death, or property damage related to the listing, sale, transportation, or use of any Listed Item(s); or (iv) violation of any law or rights of a third party by the User, including those arising out of any User Content submitted or posted by the User. EquipmentDay is at liberty, at its sole cost, to defend and take control over any claim otherwise indemnified by the User, and the User will, under no circumstances, resolve any claim unless receiving express written consent from EquipmentDay. This indemnity clause shall apply to the maximum extent permitted by applicable law.
The User undertakes to release, waive, and discharge the Indemnified Parties from any and all liabilities, claims, demands, complaints, obligations, causes of action, suits, judgments, legal fees and costs, known or unknown, arising out of a dispute between the User and one or more other users of the Site and Services, including any third party, be it a visitor to the Site or the provider of a website or an application that is connected with the Site and Services.
The User that resides in California waives and relinquishes any and all rights and benefits that may be provided by the provisions of Section 1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must have materially affected his or her settlement with the debtor or released party.”
Limitation of Liability
To the maximum extent permitted by relevant law, the Indemnified Parties bear no liability for any indirect, incidental, special, or exemplary damages, whether in contract or tort, including but not limited to any loss of profits, expected profits, sales, business, or goodwill, or the costs of substitute goods or services, even if the Indemnified Parties or their due representatives has been informed of the possibility of such damages, in any way related to (a) the Services; (b) the Site; (c) the Terms; (d) any violation of these Terms by the User or a third party; (e) the use of the Site or Services by the User or any third-party, including the use of the services provided by any third party in relation to the business run by EquipmentDay; (f) any information or content provided by users; (g) any interaction between the Site or Services and any third-party site; and (h) any communications or transactions, both actual or attempted, between users of the Site or Services without excluding those transactions that allow EquipmentDay or any third party to receive a fee.
The total liability of the Indemnified Parties to the User for all losses, damages, and grounds of action resulting from the Terms, the purchase, sale, or use of any Listed Item(s), or the use of the Site or Services shall be limited, in aggregate, to one thousand dollars ($1,000.00) or the total fees gained by EquipmentDay as it pertains to the Listed Item(s) associated with the claim, which is lesser.