ACCEPTANCE OF TERMS
FSEconnect may revise these Terms at any time, and you agree to be bound by the revised Terms. Any such modifications will become effective upon the date they are first posted to this Site. It is your responsibility to return to these Terms from time to time to review the most current Terms. FSEconnect does not and will not assume any obligation to notify you of changes to these Terms.
In order to access the full functionality of this Site, users must register with FSEconnect by filling out a registration form and providing certain information to us. When we notify a user that its registration form has been approved, such user shall become a “Registered User.” We reserve the right to disapprove, suspend, or terminate a user’s registration for any reason, at our sole discretion. Registration, and use of this Site, are only available to individuals who are competent to enter into contracts under applicable law. Without limiting the foregoing, registration and use of the Site are not available to persons under the age of 18 or to persons/entities prohibited from participating in transactions through this Site by FSEconnect or under applicable law.
In order to market, promote or list equipment on this Site, a business must register with FSEconnect by filling out a Supplier registration form, providing certain information to FSEconnect, and paying the then-current fee to FSEconnect. When we notify that business that its registration form has been approved, such business shall become a registered supplier (a “Supplier”). We reserve the right to disapprove, suspend, or terminate a Supplier’s registration for any reason, at our sole discretion.
You will be asked to provide certain details during the registration process and to access the Site and its resources. It is a condition of your use of this Site that all the information you provide to us is correct, current and complete. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you, and agree not to provide any other person or unrelated entity with access to this Site or portions of it using your username, password, or other security notification. We will attribute to you any communication or transaction made by your account unless we receive written notice from you indicating otherwise. You agree to notify FSEconnect immediately of any unauthorized access or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. FSEconnect has the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if in FSEconnect’s opinion you have violated any provision of these Terms.
ACCURACY OF INFORMATION
You agree that all information you provide to FSEconnect shall be (and be kept) current, complete, and accurate. Suppliers further agree that information provided regarding equipment being listed for sale accurately represents and describes such equipment and will be immediately updated if the physical or operational condition of the equipment changes during the course of the listing or sale.
The information provided by you (including without limitation regarding any equipment listed on the Site) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or that you do not have a right to link to or include. Furthermore, you may not market or promote any item on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any portion of the material contained on this Site infringes your copyright, notify FSEConnect of your claim in accordance with the following procedure, and we will take appropriate action as required by the Digital Millenium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this Site’s Designated Agent:
[insert name, title, company name, mailing address (not a PO box), telephone number and email address]
To be effective, the notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written notification containing the information outlined above, FSEconnect will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which FSEconnect, a Michigan company, may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, FSEconnect will:
- promptly provide the complaining party with a copy of the Counter Notification;
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on our Site, network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
SITE CONTENTS AND OWNERSHIP
The information available on this Site is the property of FSEconnect, and is protected by copyright and other intellectual property laws. FSEconnect retains ownership of all rights, title and interest in all copyrights in all documents, text, images and software owned by FSEconnect and displayed on this Site. Without limiting the foregoing, the trademark “FSECONNECT” is the property of FSEconnect and is protected by trademark laws. Nothing on this Site shall be construed as granting by implication, estoppel or otherwise, any right or license to use any of FSEconnect’s intellectual property without FSEconnect’s prior written consent.
You may electronically copy material published on this Site and to make print-outs solely for evaluation regarding the potential posting or purchasing of equipment on the Site, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. Without the express written permission from FSEconnect, you may not retransmit any files from this Web site, or any modified versions thereof.
You may send to FSEconnect comments, questions, suggestions or ideas relating to this Site. If you do, you agree that such information sent to FSEconnect will not be treated as confidential, that FSEconnect is not obligated to keep such information secret, and that FSEconnect is not obligated to respond. FSEconnect shall be free to use the information you send to FSEconnect in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. FSEconnect may also reproduce, disclose and distribute the information in your communication to others without limitation.
This Site is provided solely for the use of Registered Users, Suppliers, and current and future buyers of equipment listed on the Site, and to enable Registered Users to contact Suppliers with any questions or comments that they may have. Any other use of this Site is prohibited.
You agree not to: (1) Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through the Site; (2) Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (3) Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (4) Use any device, software or routine that interferes with the proper working of the Site; (5) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (7) Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (8) Otherwise attempt to interfere with the proper working of the Site.
FSECONNECT’S RELATIONSHIP TO USERS
FSEconnect is merely a venue for registered Suppliers to list, promote, and advertise equipment, and for Registered Users to view and evaluate such equipment in order to make a decision whether or not to purchase such equipment from a Supplier. FSEconnect is not a party to, nor involved in, the transactions between Registered Users and Suppliers, and has no control over the Suppliers, the Registered Users, or any aspect of the transactions. The buyer and Supplier may modify the risk of loss of the equipment, but in no event shall FSEconnect be liable for any damage or loss to equipment. FSEconnect cannot control the information made available by users through the Site. Users may find other users’ information to be offensive, harmful, inaccurate, or deceptive. FSEconnect has no control over the quality, safety, or legality of the equipment listed, the truth or accuracy of the listings or any other information provided by the user about the equipment. Without limiting the foregoing, FSEconnect reserves the right to withdraw or amend this Site, its content, and any service provided by the Site, in its sole discretion and without prior notice, and from time to time, FSEconnect may restrict access to some parts of the Site, or the entire Site, to Registered Users, Suppliers, and visitors, in FSEconnect’s sole discretion.
DISCLAIMER OF WARRANTY AND RELEASE
You expressly agree that use of this Web site is at your sole risk. Neither FSEconnect, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
The Site may contain errors, omissions, inaccuracies, or outdated information. Further, FSEconnect does not warrant reliability of any statement or other information displayed or distributed through the Site. FSEconnect reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. FSEconnect may make any other changes to this Site at any time without notice.
FSEconnect will make reasonable commercial efforts to make the Site available, however, FSEconnect is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. FSECONNECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE, OR THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FSECONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES LISTED, ADVERTISED, PROMOTED, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
In the event that you have a dispute with one or more Site users, you release FSEconnect and its Providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES
YOU AGREE THAT FSECONNECT AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF EQUIPMENT LISTED ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL FSECONNECT OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THESE TERMS, REGARDLESS OF WHETHER FSECONNECT OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FSECONNECT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. WITHOUT LIMITING THE FOREGOING, FSECONNECT’S SHALL NOT BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF YOUR PAYMENT TO FSECONNECT RELATING TO THE SPECIFIC CLAIM AT ISSUE, AND Any cause of action you may have AGAINST FSECONNECT with respect to your use of this Site must be commenced within six (6) months after the claim or cause of action arises.
You agree to indemnify, defend, and hold harmless FSEconnect, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right, or contracts formed with you through this Site.
TERM AND TERMINATION
Without limiting its other remedies, FSEconnect may immediately discontinue, suspend, terminate, or block you or any user’s access to this Site at any time and is at the sole discretion of FSEconnect.
As a convenience to you, we provide on this Site links to Web sites operated by other entities, including Suppliers’ websites (collectively the “Linked Sites”). These links are provided to you only as a convenience. Such Linked Sites are not under the control of FSEconnect and FSEconnect is not responsible for the contents of any Linked Site or any link contained in a Linked Site. The inclusion of any link does not imply endorsement by FSEconnect of the Linked Site, and FSEconnect shall have no responsibility for information which is referenced by or linked to this Site.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Site is intended to be accessed and used where such access and use is permitted by law. These Terms are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. FSEconnect makes no representation that the materials are appropriate or available for use outside the United States. If you access this Site from outside the United States, you will be responsible for compliance with all applicable, state, federal, and local laws. You agree to comply with all laws and regulations applicable to your use of this Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with FSEconnect arising out of your use of this Site.
This Agreement constitutes the entire agreement between FSEconnect and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FSEconnect with respect to this Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
FSEconnect has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. FSEconnect reserves the right at all times to, edit, disclose or refuse to post any material or information, or request removal of or remove any material or information from the Site.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from FSEconnect solely through electronic transmission. You agree that when in the future you click on an “I agree,” “ I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
FSEconnect, Inc. is committed to protecting your privacy. We’ve asked for your personal identity information, so we will want you to know how it will be used. The security of your personal information is extremely important to us, and we are committed to protecting the security and privacy of any personal information you provide to us.
We collect data in the following ways:
- Data Collected Automatically. When you use the Site, we automatically collect non-personal data, such as device identifiers and user activity.
- “Cookies”. When you use the Site, we may store some data on your computer in the form of a “cookie” to automatically recognize your device the next time you visit. Cookies can help us in many ways, for example, by allowing us to tailor the Site to better match your interests. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is stored, but this may limit functionality of the Site.
- Volunteered Information. When you contact us or respond to surveys, questionnaires or applications we make available, or if you email us, you are voluntarily releasing information to us. You may decide not to volunteer information, but this may limit the functionality of the Site.
We use information we collect about you to help us operate the Site, to provide services that you have requested, to respond to your inquiries, and for our own marketing purposes. If you provide your contact information to us, you agree that we may contact you with information regarding our services, including but not limited to newsletters, advertisements and other marketing materials.
If you are located outside of the United States, please note that this Site is hosted on our computer serves in the United States, therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of this Site will constitute your consent to the transfer of your information outside of your home country, including the United States, which may provide for different data protection rules than in your country.
This Site may contain links to third party websites, software, and applications. Data collected from third parties is subject to their privacy practices, and we are not responsible for such privacy practices or the content of other websites, and so we encourage you to read those third party privacy statements.
We do not knowingly collect information from children under 14 years of age, without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations or to protect a child.
We are committed to protecting the security of your data. We use commercially reasonable means to protect the integrity of the Site and the confidentiality of information that you provide. Despite these measures, you should know that we cannot fully eliminate security risks associated with data breaches due to system failure or unauthorized access by third parties, and mistakes may happen.