Terms of Service (TOS)
Terms of Service (TOS)
Effective Date: April 1, 2017 Thank you for your interest in Machine.Market. In this Visitor Agreement, the terms "Machine.Market," "we," "us," and "our" refer to Machine.Market, LLC and the terms "you" and "your" refer to you as a user of our website, mobile and other online applications and products and services (collectively, the "Machine.Market Sites").
1. General Provisions
A. By using Machine.Market, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and Machine.Market; please read it carefully. When using the Machine.Market Sites, you may be subject to other posted terms and guidelines applicable to certain services available on or through the Machine.Market Sites. All terms and guidelines on the Machine.Market Sites are part of this Visitor Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the Machine.Market Sites are subject to this Visitor Agreement. Accessing the Machine.Market Sites in any manner, even though automated means, constitutes your use of the Machine.Market Sites and your agreement to be bound by this Visitor Agreement. Machine.Market may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of the Machine.Market Sites after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. Machine.Market may change, restrict access to, suspend, or discontinue the Machine.Market Sites, or any portion thereof.
B. The material that appears on the Machine.Market Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the Machine.Market Sites may, from time to time, contain errors. The Machine.Market Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials, information, specifications, load charts, or manuals on the Machine.Market Sites, and you should not rely on it without independent verification.
C. We invite you to bring to our attention any materials or information on the Machine.Market Sites that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service, along with an explanation of the inaccuracies.
2. Buying and Selling MachinesA. The Machine.Market Sites is a heavy listing and information service that brings together buyers and sellers. Machine.Market is not a party to any transaction between machinery buyers and sellers that originates on or through the Machine.Market Sites. Information about a particular machine is supplied by the seller, not by Machine.Market. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
B. Though we hope that all who come to the Machine.Market Sites will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the machines they offer. Nor can we assure the seller of a machine that the payment he or she receives from the buyer is legitimate. When using the Machine.Market Sites to find a buyer for your machine or a machine to purchase, we urge you to use the same common sense and good judgment you would use in selling a machine through, or responding to, a classified ad in the newspaper.
C. Please read our fraud awareness tips before you buy or list a machine on the Machine.Market Sites. There is no substitute for healthy skepticism and your own good judgment.
D. Buying a Machine 1. The prices listed by sellers on the Machine.Market Sites sometimes exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular machine. Before purchasing a machine or any other part, attachment, component, good or service you have read about on the Machine.Market Sites, you should confirm with the seller any information, including the price that is important to your purchasing decision. Machine.Market is not responsible for, and does not guarantee the performance of, any such machines, goods or services listed or researched on the Machine.Market Sites.
2. We may screen some instant messages or email messages sent through the Machine.Market Sites to sellers about machines listed on the Machine.Market Sites to ensure the message is legitimate and not spam. If it appears that your message has not reached the seller of the machine you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
3. Our used machines listings include equipment that have been classified as For Sale by Owner, On Consignment or For Auction The decision to classify any particular machine is made by the seller or dealer, and this classification is provided by the listing seller or dealer. Machine.Market is not responsible for the accuracy of any classification. Only the party that classifies a machine is responsible for the decision to classify that machine. E. Listing your Machine 1. The Machine.Market Sites offers two ad packages to sellers or dealers. For information about the ad packages available to private sellers in your area, click the "Sell Equipment" tab or button.
4. In order for you to offer a machine for sale through you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your machine at the price at which, and on the terms on which, you have listed it. If you classify the machine as For Sale By Owner you must have possession of the actual machine listed and the ability to transfer title or release the machine free and clear upon payment. To list a machine for sale on the Machine.Market Sites, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any machine listed for sale on the Machine.Market Sites, nor may you use the Machine.Market Sites to promote, without our prior written permission, any other website, product, or service.
5. By using the Machine.Market Sites to sell your machine as a private seller, you represent that you are at least 18 years of age, that you are the owner, employee or representative of the private seller and that neither you nor anyone acting on your behalf will list more than five machines for sale simultaneously. A private seller who wishes to list more than five machines needs to identify what company they own, represent, or work for.
6. Listings are not to be used to advertise more than one machine, regardless of a listing's duration. For this reason, you cannot edit your machines year, make, model, or Serial Number once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are not refundable, so if you enter incorrect information in the year, make, model, or Serial Number, you will have to delete the listing and purchase a new one to create an accurate listing or Contact Us to update the listing. By using the Machine.Market Sites to sell your machine, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your machine sells as a result of the listing.
7. Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your machine, and for the content of all messages you transmit through the Machine.Market Sites. Nothing will undermine a user's confidence in the machine you are looking to sell faster than inaccurate statements or misleading representations about the machine. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of the Machine.Market Sites fairly and honorably.
8. In connection with our efforts to combat Internet fraud, listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on the Machine.Market Sites, we may, from time to time, perform random quality assurance tests to confirm that those who offer machines for sale over Machine.Market Sites are prepared to sell those machines at the prices and on the terms which such machines are advertised. By using the Machine.Market Sites, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of this Visitor Agreement, we reserve the right to deny that seller use of services offered on the Machine.Market Sites and any affiliated websites and remove that seller's listings from each site.
9. By listing a machine for sale on the Machine.Market Sites, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that machine.
3. Third-Party Services
A. For your convenience, we may make available a variety of links to other websites that we do not operate where you can obtain heavy machinery-related products and services, including insurance, financing, and inspection services.
B. If you choose to purchase an inspection through a third-party website for a machine that you are interested in buying, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned machine, an inspection is not a guarantee that the inspected machine is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted. You are responsible for coordinating and arranging the inspection. You release Machine.Market from any damages that you may incur, and agree not to assert any claims arising from your purchase or use of third-party supplied products and services.
C. Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through the Machine.Market Sites, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on the Machine.Market Sites.
D. For your convenience, we make available links to websites operated by dealers that list their machines on the Machine.Market Sites. We are not responsible for any of the content that appears on these websites and you release Machine.Market from any damages that you may incur.
4. Ownership and Permissions
A. The Machine.Market Sites is provided to our end users for their personal, non-commercial use only. The materials on the Machine.Market Sites are the property of Machine.Market and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Machine.Market Sites.
B. You acknowledge that by transmitting or posting any material on or through the Machine.Market Sites, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose.
5. User Content
A. The Machine.Market Sites allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.
B. You assume total responsibility and risk for your use of any interactive areas of the Machine.Market Sites. You acknowledge that any of the user-generated content posted or transmitted through the Machine.Market Sites represents the views of the author, and not of Machine.Market. You also acknowledge that your use of or reliance on such content is at your own risk.
C. When publishing anything to the Machine.Market Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
1. Any copyrighted material unless you own or control the copyright in and to such material;
2. Material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
3. Material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
4. Profanity in subject lines, messages, or signatures;
5. Any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
6. Material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal information;
7. Spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
8. Material that contains advertisements or commercial solicitations; or
9. Material discussing illegal activities or linking to websites that deal with such activities.
D. You further agree that you will not attempt or do any of the following:
1. Interfere with or disrupt the Machine.Market Sites or our computer systems, servers, or networks;
2. Attempt to gain unauthorized access to any part of the Machine.Market Sites, to accounts that belong to other users, or to computer systems or networks connected to the Machine.Market Sites;
3. Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
4. Collect information about others without their consent;
5. Interfere with the use of the Machine.Market Sites by any other individual or party;
6. Impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
7. Share any user name and/or password you have on the Machine.Market Sites with any other persons.
E. Without limiting any of Machine.Market's other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the Machine.Market Sites and services, and/or a ban from creating new accounts.
F. Although Machine.Market cannot monitor all of the listings and content posted to the Machine.Market Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to the Machine.Market Sites, our advertisers, the public, or us. Notwithstanding the foregoing, Machine.Market takes no responsibility and assumes no liability for any content posted to the Machine.Market Sites by you or by third parties.
6. Disclaimer of Warranties, Limitation of Liability, and Indemnification
A. IF YOU RELY ON THE MACHINE.MARKET SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE MACHINE.MARKET SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE MACHINE.MARKET SITES. THE MACHINE.MARKET SITES ARE PROVIDED TO YOU "AS IS." NOR DO WE GUARANTEE THAT THE MACHINE.MARKET SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE MACHINE.MARKET SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACHINE.MARKET WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE MACHINE.MARKET SITES BY YOU OR ANY THIRD PARTY.
B. UNDER NO CIRCUMSTANCES WILL MACHINE.MARKET BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE MACHINE.MARKET SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE MACHINE.MARKET SITES.
To obtain access to certain services from the Machine.Market Sites (for instance, to manage your private seller listing on the Machine.Market Sites), you may be required to register on the Machine.Market Sites. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Machine.Market Sites through any username/password assigned to you. You will notify Machine.Market Customer Service Manager of any known or suspected unauthorized use of your account via email.
8. Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Machine.Market Sites, please notify us by sending an email to [email protected]. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Machine.Market Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
We want potential buyers visiting the Machine.Market Sites to feel free to share their email addresses with those listing machines for sale on the Machine.Market Sites. By accessing the Machine.Market Sites, you agree not to use information concerning other users of the Machine.Market Sites, or the machines they have listed or searched for on the Machine.Market Sites (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed machine.