Terms of Use

TERMS OF USE
PRIVACY POLICY

Last Updated 8/5/14 (v1.0)

=======================================================================================

TERMS OF USE

This network is provided by SmartEquip, Inc. and its affiliates (collectively, "SmartEquip", "we", "us" or "our"). By accessing or using the SmartEquip network operated by or for us (individually and collectively, "our network(s)"), you, a user of our network and/or our customer (individually and collectively, "you" or "your") are indicating that you acknowledge and accept these Terms of Use. These Terms of Use are subject to change by SmartEquip at any time at our discretion. Your use of our network after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Review these Terms of Use regularly for changes before using or accessing our network.

Content and Intellectual Property
For purposes of these Terms of Use, "Content" includes text, lists, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software and other information.

Content available on our network is proprietary information protected by copyright or trademark or otherwise unless expressly noted, and may not be used except as provided in these Terms of Use or with the prior written consent of SmartEquip. No license is granted to use any such proprietary information, whether by implication, estoppel or otherwise.

Third Party Trademarks
Trademarks displayed on our network not owned by SmartEquip are the property of their respective owners, who may or may not be affiliated with SmartEquip. Nothing contained on our network should be construed as granting any license or right to use any third party trademarks without the express written consent of such third party that may own the trademarks. Your use of the trademarks, or any other Content on our network is strictly prohibited, except as expressly provided in these Terms of Use.

Linked Sites
Our network may link to or be linked from other websites that are not maintained by, or related to, SmartEquip. SmartEquip does not endorse, and is not responsible for, the content of any third-party websites.

Restrictions on Use
Content on our network is the property of SmartEquip and/or third-party licensors and is protected by U.S. and international copyright laws. For purposes of these Terms of Use, any use or alteration of Content not expressly authorized by SmartEquip in writing is a violation of SmartEquip’s intellectual property rights.

Content may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted for commercial use or general distribution or in any other way without SmartEquip’s prior written consent, provided that:
Pages from our network may be downloaded, printed, and used by you for your own internal purposes and are not for resale.
Any downloaded, printed, reproduced or copied pages from our network must not be altered from the original Content as it appears on our network and must include the applicable copyright notice.

Prohibited Uses
In using or accessing our network, you shall at all times comply with our requirements regarding prohibited uses of our network set forth below; these prohibited uses may be revised, by us, from time-to-time. From time to time, we will provide you with electronic notice, either by e-mail or Web posting on our network, of the revision or update of prohibited uses. Your continued use of our network after such posting or notice shall constitute your acceptance of the revision or update. Prohibited uses include the following:

  • posting or transmitting materials, e-mail or information of any kind that is or may be unlawful, harassing, threatening or abusive, defamatory, libelous, slanderous or scandalous, obscene, pornographic, profane or otherwise objectionable;
  • posting or transmitting materials, e-mail or information that may constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
  • posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the U.S. export control laws and regulations;
  • posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act;
  • attempting to 'hack' root or user logins on another system, machine, or network;
  • attempting to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any SmartEquip server;
  • framing or utilizing framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout);
  • including any inappropriate third party advertising;
  • using our network to commit fraud or engage in other misleading or deceptive activities;
  • monitoring, gathering or copying any Content by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other non-human or automatic device, utility or manual process of any kind;
  • engaging in any activities through or in connection with our network that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;
  • attempting to circumvent the security systems of our network;
  • attempting to use our network for any purposes other than those intended by SmartEquip, as determined by SmartEquip in its sole discretion;
  • uploading or submitting any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; and
  • engaging in any activity that interferes with a user’s access to our network or the proper operation of our network or impersonating any person or entity.

Content and functionality of our network may be updated or changed at any time without prior notice. In addition, if SmartEquip becomes aware that you are copying, modifying or distributing Content outside of any permitted use, SmartEquip reserves the right to revoke your access to or use of our network.

In addition to any other remedy that SmartEquip may have at law or in equity, the termination of access to and permission for use of our network, and the immediate removal of any offending material, we will investigate, to the full extent of the law, incidents where we believe there are or have been prohibited uses of our network. We will fully cooperate with law enforcement organizations and regulating bodies to provide requested information with regard to such investigations.

If you wish to use Content on our network other than for your own informational, non-commercial purposes, you must first secure written consent in order to use such Content, send a request with your proposed use to the email below or call the number below.

Disclaimer
SmartEquip cannot guarantee that our network or its content are error-free. SmartEquip makes no representations about the technical accuracy or functionality of our network or that Content is accurate, error-free or up to date.

OUR NETWORK IS PROVIDED BY SMARTEQUIP ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTEQUIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR NETWORK IS AT YOUR SOLE RISK. SMARTEQUIP DOES NOT WARRANT THAT THE INFORMATION IN OUR NETWORK IS ACCURATE, RELIABLE, UP-TO-DATE OR CORRECT, THAT OUR NETWORK WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT OUR NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SMARTEQUIP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SMARTEQUIP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR NETWORK OR ITS CONTENT. SMARTEQUIP MAKES NO WARRANTIES THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability
Neither SmartEquip, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering our network is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, our network or the operation of our network or failure of our network to operate. In no event shall SmartEquip be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if SmartEquip has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from our network. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms of Use and your access to or use of our network; you acknowledge that SmartEquip would not grant you access to our network without your agreement to this term.

International Use
SmartEquip makes no representation that Content is appropriate or available for use in locations outside the U.S., the U.K. or Europe. Access to our network is prohibited from countries or territories where such access is illegal or restricted. Anyone who chooses to access our network outside these countries is solely responsible for compliance with local laws. You are solely responsible for compliance with all applicable export control laws and regulations of the United States and other countries for any products and technical data you deliver or receive through our networks.

Governing Law
You agree that your use of our network, this Agreement and any disputes relating thereto shall be deemed to have been made under, and shall be governed by the laws of the State of New York in all respects, including but not limited to matters of construction, validity and performance, without regard to principles of conflicts of laws. You agree that by accessing or using our network, you agree and consent to the jurisdiction of the federal and state courts in the state of New York and that any litigation that may arise out of such use or access shall be tried solely by a court of competent jurisdiction in the state of New York.

General Terms
SmartEquip’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any person or entity at any time without notice to you. Should any provision of these Terms of Use be held to be unenforceable, the remaining provisions hereof shall remain in full force and effect.
You can contact us with questions or comments by e-mailing at info@smartequip.com.

=======================================================================================

PRIVACY POLICY

SmartEquip, Inc. and its affiliates (collectively, "SmartEquip", "we", "us" or "our") are committed to respecting your privacy and managing the personal and company data we have collected as part of our business, whether at www.SmartEquip.com, within the SmartEquip network, or any other websites operated by or for us (individually and collectively, "our network") or otherwise, from users of our network and our customers (individually and collectively, "you’) or that you have provided to us.

This policy (together with our Terms of Use and the registration and end user agreement) sets out the basis on which any personal or company data we collect from you, or that you provide to us, will be processed and used by us. Please read the following carefully to understand our views and practices regarding your personal and company data and how we will treat and manage it.

By using our network, or doing business or sharing your personal and company data with us, you are accepting and consenting to the practices described in this Privacy Policy. We will take all commercially reasonable steps to treat your personal and company information data in accordance with this Privacy Policy.

DATA WE MAY COLLECT FROM YOU:

We may collect and process the following personal and company data about you:

  • Data that you provide to us on our network. This includes information provided at the time of registering with our network, placing orders through our network, and upon submitting comments.
  • Information provided by you through our network to other network participants with whom you conduct business through our network.
  • Details of transactions you carry out through our network and of the fulfillment of your orders.
  • Records of correspondence if you contact us or other network participants or if we contact you.
  • Details of your visits to our network. We may also collect other information including, but not limited to, your IP address, your web browser, traffic data and location data.
  • Records that we maintain of the items you view or purchase through our network.

The personal and company data provided to us or other network participants by you may include your name, company name, postal address, telephone number, email address, credit card information, as well as other personal information.
You are not required to provide any personal or company data to us, but you will be unable to use our network to conduct business, and we may not be able to process your order for products or services, or to communicate with you, should you decide not to provide said personal or company data to us.
 

IP ADDRESSES:

We may collect information about your computer, including, where available, your IP address, operating system, browser type and the country and telephone area where your computer is located. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
 

COOKIES:

Like many websites, our network uses cookies. This helps us to provide you with a good experience when you browse our network and helps us to improve our network and your experience while using our network.

Certain third parties who provide services to us may use cookies and collect data on our behalf. Under the terms of their contracts with us, they may not share that information with anyone except us and any other party providing services to us.

To opt out of accepting cookies, you can generally set your browser to not accept cookies or to provide a pop-up notice to you when you are sent a cookie, so you can decide whether or not to accept it. Please know that deleting or disabling cookies will impact your ability to use certain features of our network.

WHERE WE STORE YOUR PERSONAL DATA:

The data that we collect from you may be transferred to, and stored at, a destination separate from our company. It may also be processed by staff who work for us or for one of our suppliers or other network participants. Such staff may be engaged in, among other things, the provision of support services, fulfillment, and the like.
All data you provide to us is stored on our secure servers.
Where we have given you, or where you have chosen, a password which enables you to access certain parts of our network you are responsible for keeping this password confidential. We ask you not to share this password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted to our network; any transmission is at your own risk. Once we have received your information, we will use reasonable security procedures and features to try to prevent unauthorized access.

USES MADE OF THE DATA:

We use information held about you in the following ways:

  • To, among other things, process your requests for information or orders from us or other network participants and carry out our obligations arising from any orders or contracts entered into between you and us.
  • To provide you with information, products or services that you require from us or our other network participants.
  • To allow you to participate in interactive features of our service, when you choose to do so.

DISCLOSURE OF YOUR DATA:

We may disclose your personal and company data to any of our affiliates. We may disclose your personal and company data to third parties under certain circumstances, including:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal and company data to the prospective seller or buyer of such business or assets.
  • If we, or substantially all of our assets in our company, are acquired by a third party, in which case personal and company data held by us about you will be among the transferred assets.
  • If we engage a third party to perform certain services such as processing credit card payments, shipping, IT, managing contact information and promotions or to monitor our network and capture data about your visit to that will help us improve the quality of our service. We will provide the third party with the information needed for them to perform services for us and require them to adhere to privacy practices that are consistent with ours.
  • Your personal and company data may be shared with our affiliates, including those outside the U.S.
  • If we are under a duty to disclose or share your personal and company data in order to comply with any legal obligation, or in order to enforce or apply our network terms of use, or sale agreements or other agreements; or to protect our rights, property, or safety or the rights, property or safety of our affiliates, our customers, our employees or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS:

Our network may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. You have the right to correct any errors in your information we have collected by contacting us at the postal address below. Requests will not be accepted by phone or email.

CHANGES TO OUR PRIVACY POLICY:

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, emailed to the email address you have provided to us during Registration.

CONTACT:

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed by email to info@SmartEquip.com,; or by telephone on 203-899-1800 between 9.00am and 4.30pm (Monday to Friday, excluding public holidays) or by mail to SmartEquip, 20 Glover Avenue, Fifth Floor North Tower, Norwalk CT 06850.