Terms & Conditions:
Welcome to Machinery State website. By registering, you agree that you have read, understand and accept these Terms and Conditions of this Agreement (the "User Agreement"). This User Agreement governs your use of our website and our services. Machinery state reserves the right to change or update these Terms and conditions from time to time with or without any notification. You should check these Terms and conditions regularly. We may ask that you carefully review the terms and conditions. The following terms and conditions are applicable.
1: Introduction to Machinery State
1.1: About Machinery State: Machinery state is an online marketing place that allows users to offer, sell, buy and Rent your items or heavy equipment and machinery in different varieties of pricing formats and different user’s locations. The actual contract for sale is directly between the seller and buyer. The purpose of machinery state is to connect the sellers and buyers via internet. Machinery State wishes that sellers, who use the Machinery state website, to be careful and act in good faith. Machinery State cannot guarantee that the data supplied by sellers is free from errors. Before purchasing an Object that is advertised for sale on the Machinery State website, the buyer is obliged to check with the seller all the details that may affect the buyer’s purchase decision. If you decide to get yourself a used item or machinery, to use direct financing or transportation service or any other product on the basis of data published in the Machinery State website, your contracting partner is the seller of the item/product and not Machinery State.
1.2: General Provision: The terms used in these User Terms and Conditions shall have the following meanings, unless otherwise specified.
• 'Service' refers to the services provided by Machinery State specified in 1.3 of these User Terms and Conditions.
• 'Website' refers to this website operated by Machinery State for the purpose of providing this Service.
• 'User’ refers to legal entities or individuals who desire to use this Service through this Website.
• 'The Item/equipment' refers to damaged vehicles, used vehicles, spare parts and accessories, construction machinery, agriculture machinery, Bus, truck/ trailer, RV forklifts, industrial machinery and other items provided to users from Machinery state through this Website.
• Security Deposit' refers to the money paid to Machinery State by Users as a fee for bidding in auction.
• A 'business day' refers to a business day of Machinery State.
1.3: Our Services contents: Machinery State/we offer following services to our Users.
• We may provide items listing information to the Website, and selling them through Stock List and Auction. Also, Provide Rentals Listing and Mechanic Listing.
• Inspection of items per member’s request.
• Transportation/shipping of the items per Member request.
• Request product services of the items per member request.
Other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. You may send us comments, questions, suggestions, or ideas relating to our site through firstname.lastname@example.org. If you do, you agree that such content is not given in confidence, that we are not obliged to keep such content secret, and that we are not obliged to respond. For more information please see our privacy policies.
2: Site usage Term and conditions for all users
The following, site usage Terms and conditions, establish the terms of your use of Machinery State platform site and services.
2.1: User Registration: Internet Users may view ads, posted on the Machinery State website, without any registration.
• User Registration is required for using all features and services of Machinery State website.
• If you want to register as a user on Machinery State website, enter the user data requested and agree to comply with the terms and conditions which have been provided to you before registering as a user agreement.
• Anyone who registers as a user of the service should be of minimum 18 years old.
• Should false information be provided, the Company may suspend or cancel User registration and/or stop Machinery State Services for the User.
• Machinery state reserves the right to cancel your account, if you act against the terms and conditions.
2.2: Login, Password Security
• You are fully responsible for protecting the confidentiality of your login ID and password and are responsible for the use of your site and your account.
• You agree to notify Machinery State immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site and your account.
• Ensure that you exit from your account at the end of each session. Machinery State cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
2.3: User Responsibilities: You agree to comply with all applicable laws and regulations regarding your use of the site.
• You may use the site, content and services for lawful purposes only.
• You may not use the site, content or services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site, content, or services.
• You may not attempt to gain unauthorized access to the site or any of the content or services, user accounts.
• Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our site or our services, without our prior written consent and, as applicable, the appropriate third party.
2.4: User Information and data Protection: Machinery state has made a commitment to protect the confidentiality and privacy of your personally identifiable information, please see our Privacy policies. For more information about our data collection, use and protection of your personal information provided to Machinery State is stored on servers in USA.
2.6: Listing and Comments: The Site may contain areas for you to post messages, feedback, listings, comments, photos, sounds, images, text, files, video, post reviews, share your story, and submit comments and other content, and message or communication facilities to enable you to communicate with other users, suppliers of Services or Content, the Site, and Machinery State (collectively, “Submissions”). You acknowledge that your submissions may become available to others on the website and elsewhere. You agree to post only submissions or materials that are appropriate for general audiences and are not confidential or private. You agree that you are entirely responsible and liable for any Submissions you post, if you create an account, you are responsible for all content posted or transmitted through or by use of your account, you are the sole and exclusive owner of any submissions or materials you post and that by posting such submissions or materials, you are representing and warranting to Machinery State and you either own or control the submissions or materials and that no other party has any claim of ownership to any part of the said submissions or materials.
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:
aggregate, copy, duplicate, publish, or make available any content to third parties outside the website in any manner; defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information; upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions; upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of someone’s computer; use the website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures; falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.
If you post content or submit material, you grant Machinery State a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant Machinery State, the right to use the name that you submit in connection with such content in our sole discretion. Machinery state will not be required to treat any Submission as confidential, and will not incur any liability as a result of any similarities between Submission and Content and Services that may appear on our Site or our operations. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, and that use of the content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission.
Machinery State may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Machinery State does not necessarily endorse any opinion or statement contained in any submission.
2.7: User communication, transaction and interaction: Machinery State is not a party to and has no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, and research or due diligence with respect to your interactions.
2.8: Modification to Service: Machinery State reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Machinery State shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2.9: Termination: You agree that Machinery State, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use. You acknowledge and agree that Machinery State may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Machinery State shall not be liable to you or any third-party for any termination of your access to the Service.
2.10: Copy Right: This website contains information, data, design, sound, services, products, images, and other matters (collectively, “Content”) that is offered for informational purposes only. You acknowledge and agree that the Content and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content presented to you through this website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. All Content is owned by Machinery State. Except as otherwise noted, Machinery State is the owner of all trademarks and service marks on this website
2.11: Disclaimer of warranties and Limitation of Liability: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SERVICE, IS AT YOUR OWN RISK, AND THAT ALL SUCH ACCESS AND ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MACHINERY STATE DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS ON OR ACCESSED VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MACHINERY STATE DOES NOT REPRESENT OR WARRANT THAT (I) ANY OF THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT (AND MACHINERY STATE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICE OR SERVICE CONTENT), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE OR SERVICE CONTENT WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY VEHICLE OR CONTENT OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THIS SERVICE OR SERVICE CONTENT WILL BE CORRECTED. FURTHER, MACHINERY STATE DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THIS SERVICE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, MACHINERY STATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL MACHINERY STATE OR ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “MACHINERY STATE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITE, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
2.12: Governing Law: The site usage terms shall be governed by laws of State of California.
2.13: Indemnity: You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Machinery State services or your breach of any law or the rights of a third party.
2.15: Questions: If there are any questions regarding these Terms and conditions you may contact us using the information below.
By Email: email@example.com