Terms and Conditions
Updated: October 22, 2010
Conditions and Restrictions on Usage
Equipment Ready further reserves the right to terminate any User\'s access to the Site or to any of the products and services provided, for any conduct that in its sole discretion that Equipment Ready believes is or may be directly or indirectly harmful to other Users or its subsidiaries, affiliates or business contractors or to other third parties or for any conduct that violates any local or national laws or regulations.
Access to the site and access or usage of certain features of the site is provided to all Users free of charge. And access or usage of certain features, products and services of the Site are provided for free to registered users. However, Equipment Ready reserves the right to limit, deny or create different access(es) to the Site and its features with respect to different User types, without any prior notice. Equipment Ready also reserves the right, without prior notice, to change any of the features, products and services or introduce new features, products and services of this Site as well as deny membership to any User for whatever reason, in the sole discretion of Equipment Ready. Equipment Ready retains the right, without prior notice, to remove a Member from membership of Equipment Ready, in the sole discretion of Equipment Ready.
Equipment Ready is not responsible or liable if the product of interest is no longer available for sale. Your reliance to the accuracy of the items posted is not the responsibility of Equipment Ready. Sellers, dealers, and/or Users are given the opportunity to remove posted and sold items. If no such update is provided, Equipment Ready assumes the product is still available.
Copyrights and Licenses
All the Site contents, such as all the information at Equipment Ready including, but not limited to, text, graphics, logos, icons, and images, belongs to Equipment Ready and are expressly managed by Equipment Ready. The compilation and the design of the Site contents and the contents on the Site is the sole property of EquipmentReady.com and is protected by Copyright and Trademark Laws.
All logos, trademarks, servicemarks, copyrights, icons graphics and images belonging to respected owner is subject to their policy and any usage without written permission of the respected owner is in violation.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), atour “Contact Us” page.
Please provide our Agent with the following Notice:
- Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
- 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;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Through the Site, Equipment Ready provides an electronic web-based platform for exchanging information between buyers and sellers of goods and services. Equipment Ready, the Site, acts as a heavy equipment, trucks and trailers marketplace for users to search for equipment for sale, to trade with and to negotiate the items posted. Yet, Equipment Ready is not involved in the actual transaction between the trading parties. Equipment Ready does not represent the seller nor the buyer in any transactions and does not charge any commissions from the parties. As a result, Equipment Ready has no control over and is not responsible for the quality, safety, availability or legality of the posted items in trades, the truth or accuracy of the items and their information, the ability of seller to fulfill their obligation in any trade agreement.
Users are solely responsible for all of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, licenses, fines, financing, handling, transportation and storage.
User, hereby, agrees and acknowledges that there may be risks of dealing with people acting under false pretences. Because the user verification on the Internet is difficult and practically impossible to verify the accuracy of information provided, Equipment Ready cannot and does not guarantee information provided on this Site is accurate and will not confirm the accuracy due to limited resources. User’s personal or company information, including, without limitation, from Equipment Dealers, Manufacturers, Private Seller, Brokers, Consigners and/or Buyers, including, but not limited to, advertisers, Link Partners and Affiliate Partners will not be guarantee its accuracy and shall not hold Equipment Ready liable for any misrepresentations, misconducts, fraudulent attempts and accuracy of goods and services provided within the Site. Users shall do its own due diligence before doing any transaction of any kind especially involving monetary or financial transaction. Equipment Ready encourages Users, by using your experience and common sense, to evaluate with whom you are dealing. Any misconduct known should be reported to Equipment Ready immediately for proper Termination.
Because Equipment Ready is not involved in the actual transaction between buyers and sellers, in the event that any user has a dispute with any party to a transaction, the User releases and agrees to indemnify Equipment Ready from all claims, costs, expenses, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with such disputes.
Because Equipment Ready is affiliated with Liberty Capital Group, Inc. an exclusive agreement has been made to the extent that only Liberty Capital Group, Inc. can advertise as a finance company and only Liberty Capital Group, Inc. can post bank repossessed asset and off lease inventory. Any equipment leasing broker posting on behalf of any lender\'s repossessed asset or off lease inventory shall be allowed only if direct contact is through Equipment Ready since it is a conflict of interest and is in violation of our agreement with Liberty Capital Group, Inc.
Partner Links and Third Party Contents
User acknowledges and agrees that some of the content like data, hyperlinks, files, texts, graphics, photos, videos, logos, banners, advertising materials and other content materials, displayed on this Site is provided or posted by third parties or other Users. Any content provided or posted by third parties or other Users, whether publicly posted or privately transmitted, enter by Equipment Ready, its employees, Agents or Affiliates is the sole responsibility of the party or the person from whom such content originated. In other words, User, and not Equipment Ready, is entirely responsible for all content that he/she uploads, posts, emails or otherwise transmits via the features and free postings provided by Equipment Ready.
Equipment Ready sometimes will require the Buyers and Sellers (also known as Users) to register. During registration Users are required to give their contact information (such as company name, contact and email address). This information is used to contact other Users about products & services on this Site for which they have expressed interest. Please note that the Seller’s email address and contact information including name, address, company, details of business, etc and fax number will be displayed to all site Users.
As registered Users, you agree that information provided is true, accurate, valid and complete about yourself and the company you represent and you also agree that you will promptly update the member information to keep it true, accurate, valid, and complete when changes occur. Users may edit, update, and alter their personally identifiable information at any time by using the tools provided by the Site. Users and Members also agree to remove all sold inventory within 30 days of the inventory being sold.
All information given through registration becomes the exclusive property of Equipment Ready and its subsidiaries. By becoming a Member, you consent to the inclusion of your personal data in Equipment Ready database and authorize its affiliates to share such information with other Users, Members and other subsidiaries owned by Equipment Ready and Equipment Ready reserves the right to use and reuse all User’s registration information including mailing address, fax, phone, and email address, and other personally identifiable user information to offer service related to heavy equipment, trucks and trailers marketplace online or offline including but not limited to personal and commercial insurance, financing and leasing, and other services.
Members may be allotted some telecommunication means including but not limited to email account, auditorial or visual meeting facilities, making inquiries, etc. The member shall not use these facilities for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, abusive, threatening, harmful, vulgar, indecent, obscene or otherwise objectionable material of any kind. User acknowledges that Equipment Ready may and has the authority to refuse registration and deny the issuance of Member ID and Password to any User for whatever reason.
By filling out registration forms, a member will be assigned a unique Member ID and a password the member chooses for logging into its account. Members are responsible for maintaining the confidentiality of the member ID and password, and are fully responsible for all activities that occur under that member ID or password. So you must ensure that you exit (log out) from your account at the end of each session. Equipment Ready will not be liable for any loss or damage arising from your failure to comply with these requirements.
Use of Email for Newsletters, Announcements & Notifications:
User expressly understands and agrees that the use of this web site constitute an agreement to receive email newsletters, announcements and notifications. User agrees that email information obtained through the Site, through buy offer form, registration form, contact us form and contact sellers form, shall allow Equipment Ready from time to time to send an email from us to all our users. Equipment Ready does not abuse its user\'s email. We do allow for users to unsubscribe. User agrees that Equipment Ready may use a Third Party company to send out emails wherein the involved agency will advocate its services.
User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Equipment Ready or authorizes Equipment Ready to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owners of such rights.
- Using the Site in violation of local or national, laws;
- Violating any ordinance or regulation including without limitation, unfair competition or false advertising
- Posting, uploading, emailing or transmitting any trade leads, information, data, text, files, links, chat, communication, or any other materials or any content that are unlawful, harmful, illegal, threatening, abusive, intruding another\'s privacy, slanderous, vulgar, racist, embarrassing or otherwise objectionable to any other person or entity as determined by EquipmentReady.com in its sole discretion
- Collecting or storing personally identifying information about other users for unlawful or unauthorized purposes
- Being obscene or containing any pornography or sex-related merchandising or any other content or otherwise promoting sexually explicit materials harmful to minors
- Impersonating any person or providing false information on your registration form
- Posting equipment not belonging to you, encumbrance, or currently in litigation
- Posting equipment that may be stolen
- Posting or transmitting any data or material which contains computer viruses, corrupted files or any other similar destructive software and codes that may damage or have the effect of interfering with or intercepting any software or hardware system, data or personal information
- Posting material that infringes on the intellectual property rights, copyright, patent, trademarks, trade secret or other rights of other
- Acting in any other manner, which in Equipment Ready, in its sole discretion finds unacceptable
Equipment Ready reserves the right to cooperate fully with governmental authorities and/or injured third parties in the investigation of any suspected criminal or wrongdoing. Further, Equipment Ready may disclose the User\'s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and Equipment Ready shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Equipment Ready for such disclosure.
Disclaimer of Warranties & Limit of Liability
Equipment Ready makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on this web site and equipment posted on this web site. Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice.
User expressly understands and agrees that the use of the features and services of this web site is at User\'s own risk. Equipment Ready cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. Also, any material or information downloaded or otherwise obtained through the Site is done at each User\'s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.
Equipment Ready expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Equipment Ready makes no warranty that (a) the features, products, free posting and services provided by the Site will meet User\'s requirements, (b) The service will be uninterrupted, timely, secure, or error-free, (c) The results that may be obtained from the use of the services will be accurate or reliable, (d) The quality of any products, services, information, or other material purchased or obtained by User through the features and services of this Site will meet User\'s expectations.
User expressly understands and agrees that Equipment Ready shall not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, resulting from; (a) the use or the inability to use the Site (b) any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site (c) Unauthorized access to or alteration of any User\'s transmissions, data or private information by third parties (d) statements or conduct of any User of the Site (e) any material, data or information posted by third parties.
Further, Equipment Ready makes no representations whatsoever about other web sites which you may access through this one. When a User accesses a web site other than Equipment Ready, User acknowledges and understands that it is independent from Equipment Ready.
In no event will Equipment Ready be liable to any party for any direct, indirect or other consequential damages for any use of this site, or any other site hyperlinked site with or without notice, including without limitation, any lost profits, programs, data and other business interruptions.
Information, featured, postings and services on Equipment ReadySite is provided ‘As-Is’ and ‘As Available’ basis, without warranty of any kind either express or implied, including, but not limited to the implied verifiability of the posted item, merchantability, condition, quality, durability, availability, accuracy, performance promised, reliability fitness for any particular reasons or purpose, or non-infringement. All such warranties, representations, conditions, undertakings, and terms are herby excluded.
We appreciate your patronage and we hope you enjoy your usage of this site and how it can help you grow your business. Please visit often as this site is in constant upgrade.
Please send us your comments, suggestions, or any other messages to help this site be as efficient and productive to all our users. Thank you.
Best of Luck to you!
Equipment Ready, Legal Department
Effective October 1, 2010
Starting September 1, 2010, Equipment Ready will now charge a membership fee to post equipment on this Site and its network of sites. Users can still sell for free up to 3 listings a month. Equipment Ready does NOT charge registration and transaction fees to both buyers and sellers. Equipment Ready has the right to waive any membership fees at its choosing without discrimination. Buyers do not have to register or pay to view dealer\'s contact info.
We are currently offering an introductory pricing for our current dealers. Introductory pricing ends December 31, 2010. Equipment Ready reserve the right to change membership fees with a 30 day notice to be published on this term.