Last updated: February 8, 2023
Acceptance of the Website Terms and Conditions of Use
If you are an individual, by using the Website for the purposes of advertising including, but not limited to, the advertising of heavy equipment and/or the selling, buying, renting and/or leasing of heavy equipment or other heavy equipment related services (the “Services”), you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website for the purposes of using our Services.
The Content on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.
The Website may require account registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree and authorize us to take any necessary steps in order to verify the personal information you provide. If there are reasonable grounds to suspect any or all of the personal information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the Website. If your personal information changes, you agree to promptly notify us of such changes.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
If you create an account on the Website:
(a) you are solely responsible for your account, including without limitation the confidentiality and security of your account and all passwords related to your account, and any and all activities that occur under your account, including all activities of any persons who gain access to your account with or without your permission; and
(b) you agree to immediately notify us of any unauthorized use of your account or any other breach of security with respect to your account, and you agree to provide assistance to us, as requested, to remedy any breach of security related to your account.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
You agree that we may rely on the information you provide to send you information and notices regarding the Website. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the “unsubscribe” link contained in such emails.
You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) disrupting network services and otherwise disrupting our ability to monitor the Website; (e) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (f) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (h) otherwise attempting to interfere with the proper working of the Website.
Certain areas of the Website may be restricted from access by you at any time, for any reason, without notice to you, in our sole and absolute discretion.
You may post advertisements on the Website for the purpose of accessing and/or using our Services (“Advertisements”). All Advertisements must be approved by us prior to posting to the Website. Your Advertisement may be published by us on third party websites from time to time. By using the Website, you agree that your Advertisements can be displayed on such third party sites. You may also link Advertisements to third party websites for the purpose of accessing and/or using our Services
Conditions of Use, User Submissions and Site Content Standards
The following site content standards apply to any and all Content a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website or to other users or persons including User Reviews (as defined below) and Advertisements (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and any other applicable terms of service.
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the Company’s sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
(f) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
(g) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(h) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Intellectual Property Rights and Ownership
The Company name, any Company trademarks and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
If you submit an Advertisement to the Website or to third party websites, you are solely responsible for compliance with all copyright, trademark, trade secret and other proprietary and intellectual proprietary rights and laws relating to such Advertisement.
You may only use the Website for general information and education, submitting or responding to an Advertisement and communicating with us or another user of the Website. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or other material on our Website, in any form or medium whatsoever except:
Users are not permitted to modify the Content or any other materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content or other materials from this Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensors, licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
You understand and agree that you, not the Company, the Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content including its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
You may be asked to submit reviews, comments, photos or other materials (collectively, “User Reviews”) on the Website.
User Reviews are not verified by us for accuracy and may be incorrect or misleading.
(a) Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
(c) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
You agree to indemnify and hold harmless the Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, assigns and successors from and against any and all claims resulting from any action taken by the Company and any of the foregoing parties relating to any investigations by either the Company or such parties or by law enforcement authorities.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review any HTML, software, code, data, text, documents, images, photographs, videos, music, icons, graphics and designs or other material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
The Website and/or the Content may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us. There also may be circumstances in which access to the Website or the Content may be provided by a hypertext link located at a third party website.
We are not responsible for and do not endorse, authorize, approve, certify, maintain, or control the content of any third party website, or any third party products or services that may be referred to in, or linked to, the Website or the Content. We do not make any representation or warranty of any kind, express or implied, regarding any third party website, products, or services, including, without limitation: (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information or content on such third party websites; (ii) any representation, warranty or condition regarding the merchantability and fitness for a particular purpose of any content, software, goods, or services located at or made available through such third party websites; or (iii) any representation or warranty that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.
We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked on our Website.
While using the Website, you agree to pay to the Company all applicable fees, including all applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, including any fees in connection with posting Advertisements (“Fees”), as may be determined by the Company in its sole discretion.
You agree that any purchase of an Advertisement is at your own risk. Except as otherwise provided on the Website, Fees are non-refundable.
When you make a purchase on the Website, you are responsible for providing us with a valid instrument to make the requisite payment.
Pay attention to the details of the transaction, as your total price may include taxes and other fees, all of which you are responsible for.
When you make a payment, you authorize us (and/or our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store information regarding that payment instrument and other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card. If you cancel a transaction before completion, this pre-approval may result in those funds not being immediately available to you.
We may contact you via email in connection with a problem with your payment. If we are unable to successfully charge payment to the instrument or account, we reserve the right to restrict, or suspend access to, or terminate your account. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.
In order to prevent financial loss to you or to us or any violation of applicable law, we may contact the issuer of your payment instrument, law enforcement, or affected third parties and share details of any payments of which you are associated.
The Company reserves the right to change the Fees from time-to-time, and will provide you with reasonable, advanced notice prior to any changes to the Fees. If you do not agree with the Fees, you must not access or use the Website.
For any questions or concerns, you agree to contact us immediately.
The owner of the Website is based in the Province of Alberta, Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, ASSIGNS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, CELLPHONE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability