Terms and Conditions
Last updated: November 14, 2019
These Terms and Conditions ("Terms", "Terms and Conditions")
govern your relationship with https://www.equiphx.com/ website (the "Service") operated by EquipHX LLC ("us", "we", or
"our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you may not access the
Service.
Purchases
If you wish to purchase any product or service made available
through the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation, your
credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and warrant that: (i) you
have the legal right to use any credit card(s) or other payment method(s) in
connection with any Purchase; and that (ii) the information you supply to us is
true, correct and complete.
By submitting such information, you grant us the right to provide
the information to third parties for purposes of facilitating the completion of
Purchases.
We reserve the right to refuse or cancel your order at any time
for certain reasons including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services
on the Service. The products or services available on our Service may be
mispriced, described inaccurately, or unavailable, and we may experience delays
in updating information on the Service and in our advertising on other web
sites.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed by
rules that are separate from these Terms. If you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy. If the rules
for a Promotion conflict with these Terms, the Promotion rules will apply.
Content
Our Service allows you to post, link, store, share and otherwise
make available certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post to the
Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license
to use, modify, publicly perform, publicly display, reproduce, and distribute
such Content on and through the Service. You retain any and all of your rights
to any Content you submit, post or display on or through the Service and you
are responsible for protecting those rights. You agree that this license
includes the right for us to make your Content available to other users of the
Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the
Content is yours (you own it) or you have the right to use it and grant us the
rights and license as provided in these Terms, and (ii) the posting of your
Content on or through the Service does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any
person.
Accounts
When you create an account with us, you must provide us
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of your account on our Service.
You are responsible for safeguarding the password that you use to
access the Service and for any activities or actions under your password,
whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You
must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
Intellectual Property
The Service and its original content (excluding Content provided
by users), features and functionality are and will remain the exclusive
property of EquipHX LLC and its licensors. The
Service is protected by copyright, trademark, and other laws of both the United
States and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of EquipHX LLC.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services
that are not owned or controlled by EquipHX LLC.
EquipHX LLC has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party
web sites or services. You further acknowledge and agree that EquipHX LLC shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy
policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without
prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately
cease. If you wish to terminate your account, you may simply discontinue using
the Service.
Limitation Of Liability
In no event shall EquipHX LLC, nor its
directors, employees, partners, agents, suppliers, or affiliates, be liable for
any indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of
or inability to access or use the Service; (ii) any conduct or content of any
third party on the Service; (iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its
essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The
Service is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or course of performance.
EquipHX LLC its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available at
any particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the
laws of Tennessee, United States, without regard to its conflict of law
provisions.
Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material we
will try to provide at least 30 days notice prior to
any new terms taking effect. What constitutes a material change will be
determined at our sole discretion.
By continuing to access or use our Service after those revisions
become effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.