Last updated March 18, 2022
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We may alter the Materials and Services We offer or make available to You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website (including the Seller Terms and Buyer Terms). These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
In addition, from time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Equipment descriptions, pricing, and other content provided on behalf of the Company, users, or Our partners. We reserve the right to correct any errors, omissions, or inaccuracies and to change or update information that is erroneous or inaccurate at any time without prior notice and without liability to the Company. However, the relevant Seller is solely and exclusively responsible for the accuracy and completeness of any Equipment description, pricing, photographs, video, and other content and User Submissions posted or provided by the Seller, and any errors, omissions, or inaccuracies related to such Equipment description, pricing, photographs, video, and other content and User Submissions.
By using this Website, You promise that You are at least 18 years of age
We invite You to use this Website for listing, viewing, selling, purchasing and conducting such other transactions as permitted through the Website with respect to, the Equipment for individual purposes ("Permitted Purposes") – enjoy!
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without even registering with Us!
However, in order to list and offer Equipment for sale on the Website as a Seller, to purchase Equipment listed and offered for sale on the Website as a Buyer, and to use certain Services and Materials offered on and through this Website, You must successfully register an account with Us.
If You want an account with Us, You must submit the following information through the account registration page on this Website:
- A working email address;
- First and last name;
- Zip code
- Preferred password
- For sellers: physical address for Equipment pick up.
You may also provide additional, optional information so that We can provide You a more customized experience when using this Website –but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or security for this Website has been breached in any way, You must immediately notify Us.
EQUIPMENT SALES AND PURCHASES
As part of the Services offered in connection with the Website, You may be permitted to use the Website to sell Equipment as a “Seller” or to purchase Equipment as a “Buyer”. You must be 18 years of age to sell Equipment to a Buyer or to purchase Equipment from a Seller. You understand and agree that we merely provide the Website and are not a party to any transaction regarding the purchasing or selling of Equipment and We cannot and will not be responsible for making sure that the Equipment is actually provided or is up to a certain standard of quality. We do not control the actions of any Sellers or Buyers, and Sellers are not our employees or contractors. You hereby acknowledge that We do not supervise, direct, control or monitor the Sellers in their handling or selling of Equipment. If You are a Buyer, You agree to indemnify Us for any losses related to Your purchase or use of Equipment. If You are a Seller, You agree to indemnify Us for any losses related to (i) Your handling, listing, advertising and sale of Equipment, or (ii) the Materials You provide to Us for inclusion on Our Website. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO THE EQUIPMENT TRANSACTIONS AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO OR RELATED TO EQUIPMENT PURCHASED OR SOLD ON OR THROUGH THE WEBSITE, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR WARRANTY RELATING TO THE EQUIPMENT, SELLERS’ ACTS OR OMISSIONS OR BUYERS’ ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE.
If there is a dispute between participants on the Website or Services, or between users and any third party, You agree that We are under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Us, Our directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Website or Our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You agree to pay all applicable fees related to Your use of this Website and Our Services, including without limitation Your listing, or the inspection, sale, purchase, and transportation of Equipment as a Seller or Buyer, as applicable. Such fees are described more fully on Our PAYMENT PAGE and in the SELLER TERMS and Buyer Terms. We may suspend or terminate Your account and your ability to sell or purchase Equipment listed on the Website and/or Your access to Our Services and this Website if Your payment is late and/or Your offered payment or payment method cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular utilized services.