Used Equipment Hub Terms & Conditions Updated: 08/26/2019 By submitting the Used Equipment Hub Order Form (“Order Form) to receive leads from Used Equipment Hub or by continuing to receive leads after previously submitting an order form to Used Equipment Hub and without submitting a written objection to these terms and conditions within thirty (30) days after receiving these terms and conditions, the person or entity named in the Order Form ("the Company") agrees to the following Terms and Conditions. These Terms and Conditions, together with the Order Form, comprise the entire agreement ("Agreement") between the Company and Used Equipment Hub. 1. Accurate and Complete Billing & Contact Information You must provide Used Equipment Hub with accurate and complete billing & contact information. Any changes to this information must be reported to Used Equipment Hub within three (3) days of the change. If a charge is disapproved by the financial institution, Used Equipment Hub will notify you via email, and you must cure the disapproval. If disapproval is not cured within seven (7) days of the date of the notice, Used Equipment Hub reserves the right to charge an administrative fee in the amount of fifty dollars ($50) and to pursue any other available remedy. Used Equipment Hub is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Used Equipment Hub. 2. Credit Procedure. At Used Equipment Hub’s sole discretion, the Company's account may be credited for previous charges to the Company's account for any lead that: (a) is not submitted by a business customer; (b) is submitted by a competitor; (c) is not submitted for a product or service category specified in the Order Form; or (d) is submitted outside the service territory specified between Used Equipment Hub and the Company. In order to be eligible to receive a credit for any lead for which the company believes it is entitled to receive a credit based on the above criteria, the Company's account with Used Equipment Hub must be current (i.e. no "past due" balances or outstanding invoices). The Company must request via email to Jeff@usedequipmenthub.com within fourteen (14) days of receipt of the lead. Company’s email request for credit must include the following: 1) Name of Company; 2) Lead Description; 3) Lead Identification Number; and 4) Reason for the request. Company will receive an e-mail confirming that your request for credit has been received and then a follow-up e-mail within five (5) business days with the findings of your request. Used Equipment Hub reserves the right to contact the customer submitting information of which Company receives from Used Equipment Hub and, if Used Equipment Hub determines that the lead is illegitimate due to one of the reasons listed above, it will credit the Company's account. Company is solely responsible for managing leads received from Used Equipment Hub and is required to call on each lead to determine whether a credit should be issued for the lead under these terms and conditions. Used Equipment Hub will only issue a credit upon the request for credit due to the above mentioned reasons which Company must submit such request within the specified period as stated in these terms and conditions. Company has received instructions regarding access to its online account management system where all leads are accessible to Company and shall be used to manage all leads provided by Used Equipment Hub. If company has any difficulties in managing its account through the online portal provided by Used Equipment Hub, it shall contact Used Equipment Hub via email at jeff@usedequipmenthub.com or by phone at 1-708-465-2763. 3.Fees Subject to Change. The Fees set forth in the attached Order Form are subject to change. Used Equipment Hub will notify the Company of any applicable rate change at least thirty (30) days before the change comes into effect. 4. Nonpayment. In the event of non-payment, Used Equipment Hub reserves the right to suspend or terminate the Company's account until such charges are paid. It may also charge interest on balances unpaid for more than thirty (30) days, in which case interest charges will accrue from the last day of the statement period with respect to any unpaid invoice. Any changes to the Company's credit card information provided must be reported to Used Equipment Hub within three (3) days of the change. If the credit card is disapproved by the issuing institution, the Company will still be responsible for any previous or current charges. Used Equipment Hub is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Used Equipment Hub. The Company agrees to pay all collection and/or court costs along with reasonable attorneys’ fees incurred by Used Equipment Hub in its effort to collect any unpaid balance due to Used Equipment Hub if Used Equipment Hub refers Company's account to collection or to an attorney, subject to the laws governing these transactions. 5.Account Password and Security. In order to access their account information online, the Company will select a username and password. The Company will be responsible for maintaining the confidentiality of the user name and password, and will be fully responsible for all activities that occur under the user name and password. The Company agrees to immediately notify Used Equipment Hub of any unauthorized use of the user name or password or any other breach of security. Used Equipment Hub cannot and will not be liable for any loss or damage arising from Company's failure to comply with this section. 6. Term. The effective date of this agreement is the date of activation of the Company's account. Used Equipment Hub may terminate this Agreement at any time. The Company may terminate this Agreement at any time after ninety (90) days from the effective date of this Agreement by providing prior written notice of intent to terminate to Used Equipment Hub at Jeff@UsedEquipmentHub.com. Within three (3) business days of receipt of such notice, Elitruck.com will close the Company's account, will charge the Company's credit card for any outstanding Fees, and will send the Company a final statement. Any requests for credits pursuant to paragraph 2 of this Agreement must be submitted within one (1) business day of the Company's notice of intent to terminate. 7. Representations and Warranties. The Company represents and warrants that: (1) all of the information provided to Used Equipment Hub is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (2) the Company is authorized to provide the services and products set forth in the Order Form; (3) the Company has the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; and (4) any advertising copy and any linked advertising comply with all applicable laws and regulations. 8.Indemnification. The Company agrees to pay any damages or expenses incurred by Used Equipment Hub, including all attorneys' fees and expenses, resulting from claims brought by other parties regarding the inclusion of the Entry, or as a result of a breach of these Terms and Conditions. This provision shall survive the Term of this Agreement. 9. Disclaimers. Warranties. Used Equipment Hub makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the its online postings, any merchandise, information, or services provided through its online postings, or the accuracy or results obtained from the use of any information or services provided through its online postings. Used Equipment Hub is a Conduit. Used Equipment Hub is not involved in any actual transactions between buyers and suppliers through the use of its systems and programs. Thus, Used Equipment Hub has no control over the ability of buyers to purchase items or qualify for leases and other forms of credit. Used Equipment Hub cannot and does not control whether or not buyers will complete the purchase of items for which they have requested proposals or quotes. Because user authentication on the Internet is difficult, Used Equipment Hub cannot and does not guarantee that each buyer or supplier is who they profess or claim to be. Buyers and suppliers will be able to communicate directly with each other before any transaction is complete. In the event the Company has a dispute with one or more buyers, the Company releases Used Equipment Hub and its agents, employees, heirs and assigns from any claims, demands, and/or damages arising out of or in any way connected with that dispute. 10. Limitation of Liability. IN NO EVENT WILL Used Equipment Hub OR ITS AGENTS BE LIABLE FOR ANY DAMAGES CAUSED BY ANY ON-LINE SERVICE, QUOTE PROVIDED BY COMPANY TO A BUYER, TRANSMISSION, COMMUNICATIONS, OR COMPUTER SYSTEM FAILURE. IN NO EVENT WILL Used Equipment Hub OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR DATA OR THE COST OF OTHER FORMS OF ADVERTISING. IN NO EVENT WILL THE TOTAL LIABILITY OF Used Equipment Hub EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT FOR THE PRIOR TWELVE (12) MONTH PERIOD. 11. Miscellaneous. Used Equipment Hub does not approve of, or endorse, any product or service by electronically publishing the Listing. Used Equipment Hub may publish Listings for any other person at any time, except as expressly set forth in the attached Order Form. Used Equipment Hub reserves the right to change the style, form, content and appearance of postings at any time. The Company and Used Equipment Hub are independent contractors, and no agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship is intended or created by this Agreement. These Terms and Conditions shall be governed by and interpreted according to the laws of the State of Illinois. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provisions and of the entire Agreement shall not be affected thereby. No waiver of any default in performance of this Agreement by either party, or waiver of any breach or a series of breaches of any of the terms, covenants or conditions of this Agreement shall constitute a waiver of any subsequent breach or a waiver of such terms, covenants or conditions. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. These Terms and Conditions and the Order Form describe the entire Agreement between Used Equipment Hub and the Company and supersede any other verbal or written agreements regarding the subject matter of this Agreement. This Agreement shall survive any change in ownership on the part of the Company. Still have questions? Contact us by email at Jeff@UsedEquipmentHub.com or by phone at 1-708-465-2763. TERMS OF USE Introduction These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website warrant and represent that you are at least 18 years of age. License to use website Unless otherwise stated, the owner of this website Used Equipment Hub LLC. (hereinafter “Company) and/or its licensors own the intellectual property rights in the website and material on the website. All intellectual property rights are reserved. Acceptable use You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Company’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. No warranties This website is provided “as is" without any representations or warranties, express or implied. Company makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Company does not warrant that: ● his website will be constantly available, or available at all; or ● he information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. Limitations of liability Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: ● or any indirect, special or consequential loss; or ● or any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Company has been expressly advised of the potential loss. Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. Other parties You accept that, as a limited liability entity in the State of Indiana, Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Company’s officers or employees in respect of any losses you suffer in connection with the website. You agree that the limitations of warranties and liability set out in this website disclaimer will protect Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Company. Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Indemnity You hereby indemnify Company and undertake to keep SAME indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Company to a third party in settlement of a claim or dispute on the advice of Company’s legal advisers) incurred or suffered by Company arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions. Breaches of these terms and conditions Without prejudice to Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Company may take such action as Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Variation Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Assignment Company may transfer, sub-contract or otherwise deal with Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement These terms and conditions constitute the entire agreement between you and Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. Law and jurisdiction These terms and conditions will be governed by and construed in accordance with the laws of the State of Illinois, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Cook County, Illinois. Word to PDF Converter Converted By BCLTechnologies
