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The EquipmentWatch Web site is owned by EquipmentWatch and the Products available to you through the site (the "Products") are provided under the terms and conditions of this Subscriber Agreement. By submitting the registration form discussed below or by ordering your Products through an EquipmentWatch representative, you agree to be bound by this Agreement. Please read it carefully before submitting it to EquipmentWatch. EquipmentWatch is a unit of Penton Media, Inc. (hereafter, ¿). Penton will provide the Products subject to the terms and conditions of this Agreement.
To use the EquipmentWatch site and our products, you must complete a registration form or register through an EquipmentWatch representative. You agree to provide to us current, complete and accurate information and to update the information to assure it remains current.
Modification of Agreement
We may modify this Agreement at any time without notice. We will post changes to the Agreement at this site and the modifications become effective when posted. You agree to periodically review the posted changes to this Agreement and to be bound by any such changes. If you disagree with any modifications, you may cancel your subscription by giving notice of termination via e-mail to firstname.lastname@example.org or by calling our toll-free number (1-800-669-3282). By using the EquipmentWatch Equipment Information Products after EquipmentWatch has posted changes to the Subscriber Agreement, you are agreeing to be bound by all of the changes.
Use of Services Description
EquipmentWatch online Equipment Information Products provide research and asset management tools for the construction equipment industry. Available products include access to value guides, ownership and operating costs, specifications, and auction result information provided by Penton Media, Inc. ("Penton").
The availability of the Products and our site depends on many factors, including your connection to the Internet, the availability of the Internet, and the Internet backbone and equipment that, by its nature, is not fault tolerant.
Fees, Payments and Obligations
You can find the current Subscription Fees and charges posted within our Product Marketing pages (www.equipmentwatch.com/Marketing/Products.jsp) and on our User Subscription Page. Subscriptions are available on an annual basis. Your subscription will continue and renew automatically, unless terminated by EquipmentWatch or until you notify EquipmentWatch by telephone or e-mail, of your decision to discontinue your subscription. Renewal Subscription Fees will be billed automatically to the credit card designated during the registration process for EquipmentWatch Equipment Information Products or via subsequent communication with EquipmentWatch, at the start of the initial annual period, and at the start of each renewal period, unless you terminate your subscription before the relevant renewal period begins. EquipmentWatch will notify you before your subscription renewal date. If you choose not to renew, your subscription access will be discontinued at the end of your subscription period.
You agree to pay or have paid all fees and charges incurred in connection with your user name and password for EquipmentWatch Equipment Information Products (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. EquipmentWatch may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your user name and password will be billed to the credit card designated during the registration process for EquipmentWatch Equipment Information Products or subsequently designated to EquipmentWatch. If you want to designate a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed EquipmentWatch Equipment Information Products using your user name and password without your authorization, you must call EquipmentWatch Customer Service at the toll-free number posted on the site (1-800-669-3282). You also are responsible for any fees or charges incurred to access EquipmentWatch Equipment Information Products through an Internet access provider or other third party service.
Copyright and Limitations on Use
Only the user designated during User Registration, or one agent thereof may access EquipmentWatch Equipment Information Products using the designated login (user name and password). The content available through EquipmentWatch Equipment Information Products is the property of EquipmentWatch or its licensors (including, without limitation, Penton) and is protected by copyright and other intellectual property laws. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or redistributed in any way in any medium whatsoever now known or later invented, except that you may print one copy of the search/material on any single computer for your personal, non-commercial use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose, including circulation to others within the same company or organization constitutes a violation of our copyright and other proprietary rights, and may result in your subscription being terminated by EquipmentWatch and/or subject you to other penalties. The use of any such material on any other Web site or networked computer environment is prohibited.
The values presented in the EquipmentWatch Equipment Information Products are in no way intended to influence resale or wholesale prices of units or classes of units or the construction equipment market as a whole. To enter into agreement, combination, understanding, or action with any person or party with intent to establish wholesale or resale prices at specific levels displayed in EquipmentWatch Equipment Information Products could constitute a violation of fair trade practices.
The use of this information in any legal proceeding is expressly prohibited unless authorized in advance, in writing, by EquipmentWatch and its licensors. Subscribers shall not require or request the participation of EquipmentWatch or its licensors or their employees in any legal proceeding.
Membership for multiple users within the same organization is available for special pricing. Contact EquipmentWatch Customer Service for information on this pricing.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE EQUIPMENTWATCH EQUIPMENT INFORMATION PRODUCTS ARE DESIGNED TO PROVIDE ACCURATE AND AUTHORATIVE INFORMATION WITH REGARD TO THE SUBJECT MATTER COVERED. WHILE EFFORTS HAVE BEEN MADE TO ASSURE ACCURACY, DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN EQUIPMENTWATCH EQUIPMENT INFORMATION PRODUCTS IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT AND EQUIPMENTWATCH AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH EQUIPMENTWATCH EQUIPMENT INFORMATION PRODUCTS, OR EQUIPMENTWATCH ITSELF.
EQUIPMENTWATCH DOES NOT WARRANT THAT THESE PRODUCTS ON THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL EQUIPMENTWATCH, PENTON MEDIA, INC. OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, INFORMATION POSTED AT OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH CLAIM.
You are responsible for all statements made and acts or omissions that occur while your password is being used. You may not use EquipmentWatch Equipment Information Products for any unlawful purpose. EquipmentWatch may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined by EquipmentWatch.
This Agreement constitutes the entire agreement between you and EquipmentWatch with respect to the EquipmentWatch site and the Products and Services and supersedes all prior agreements between you and EquipmentWatch. Our failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.
EquipmentWatch Right to Remove
EquipmentWatch may discontinue or change EquipmentWatch Equipment Information Products, or its availability to you, at any time, and you may always terminate your subscription at any time. You release EquipmentWatch from any claims or allegations that may result from such removal. If you are a California resident, you waive California Civil Code § 1592, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor. At the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
This Subscriber Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Subscription Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
This Subscription Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and the State of Kansas, as if the Agreement was a contract wholly entered into and wholly performed within the State of Kansas.
No "Spamming," "Hacking," "Viruses," or "Impersonation"
You agree that you will not use, or allow others to use, your account to unlawfully access other computers or services, or to cause a disruption of service to other online users. You may not use, or allow others to use, your account to cause disruption of the normal use of the system by others including without limitation disrupting our backbone network, nodes, or services. This also includes intentional transmission of computer viruses or other harmful software programs. You agree that you will not impersonate another user or otherwise falsify one's user name in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists.
You agree that any claim or controversy relating to this Agreement or the EquipmentWatch Web site will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. You agree that any claim or controversy you may have will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in New York and that judgment on the arbitration award may be enforced by any court having proper jurisdiction. You agree that the costs of conducting the arbitration will be divided equally between you and EquipmentWatch. You or EquipmentWatch may seek interim or preliminary relief from a court for the purpose of protecting your rights or the rights of EquipmentWatch pending the completion of the arbitration; provided, however, that you agree that any legal proceeding arising out of or in connection with this Agreement or the EquipmentWatch site will be brought by user or EquipmentWatch in the appropriate state or federal court in New York. EquipmentWatch is not required to submit to arbitration any matter relating to the collection of past due amounts owed by user to EquipmentWatch.