Terms of Use - General

By using this website, you signify your assent to the following terms of use without limitation or qualification and agree to be legally bound to such terms. If you do not agree to these terms, do not use this website. You should also carefully read our full Privacy Policy before deciding to become a user, as the Privacy Policy is hereby incorporated into this Terms of Use agreement by reference.

You represent to Equipment Street that you (1) are 18 years of age or older and (2) are not a competitor of Equipment Street and are not using the Services for reasons that are in competition with Equipment Street. You agree to keep your password secure and confidential and not permit others to use your account.

Equipment Street may modify, replace, refuse access to, suspend or discontinue this website, partially or entirely, at any time without notice. Equipment Street has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the website.

Equipment Street may at any time revise these terms by updating this posting. You are and will be bound by any such revisions and accordingly you should periodically visit this page to review the then current terms and conditions to which you are bound.

This website is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any product or service that may be referenced herein. Nothing contained on this website is intended to be or should be construed as legal, tax or investment advice.

You grant to Equipment Street a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right to copy, prepare derivative works of, distribute, publish, remove, retain, add and commercialize any information you provide to Equipment Street. Any information you submit to us is at your own risk of loss.

For so long as you are in compliance with this Terms of Use agreement and all other obligations to Equipment Street, Equipment Street hereby grants you a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access and use the website, through a generally available web browser, mobile device or application, excluding, however, any and all uses that are unlawful or are in competition with Equipment Street. We reserve the right to modify or revoke this license at any time, for any reason or no reason. We reserve all rights not expressly granted in this agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interests.

You agree to indemnify (reimburse) us and hold us harmless for all damages, losses and costs, including but not limited to reasonably attorneys fees and costs) related to all third party claims, charges, and investigations caused by your failure to comply with this Terms of Use agreement or your submission of any content.

Limitations - General

The information provided on this website is provided for informational purposes only. Equipment Street seeks to provide accurate and timely information; nevertheless, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice. Equipment Street does not warrant, represent or guarantee, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this website. In no event will Equipment Street, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if Equipment Street or any other party have been advised of the possibility thereof.

Decisions based on information contained on Equipment Street's website are the sole responsibility of the user. All information posted on this website is current only as of the date of its posting, and Equipment Street undertakes no obligation to update any information to reflect events or circumstances after the date of such posting.

THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND EQUIPMENT STREET DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY TITLE, ACCURACY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE. EQUIPMENT STREET EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS AND OMISSIONS IN THESE MATERIALS AND FOR THE USE OR INTERPRETATION BY OTHERS OF INFORMATION CONTAINED ON THIS WEBSITE. NEITHER EQUIPMENT STREET NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR RETAINED BY EQUIPMENT STREET, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF EQUIPMENT STREET OR OF ANY VENDOR PROVIDING SOFTWARE OR SUPPORT SERVICES FOR THIS WEBSITE.

EQUIPMENT STREET DOES NOT GUARANTEE THAT THE WEBSITE OR THE SERVICES PROVIDED WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, AND EQUIPMENT STREET DISCLAIMS LIABILITY FOR ANY SUCH ERRORS OR MALFUNCTIONS. IF YOU ARE DISSATISFIED OR HARMED BY EQUIPMENT STREET, OR ANYTHING RELATING TO THIS WEBSITE, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR EXCLUSIVE REMEDY. IF, NEVERTHELESS, A COURT OF COMPETENT JURISDICTION HOLDS THAT YOU WERE DAMAGED BY EQUIPMENT STREET. THEIR MAXIMUM LIABILITY TO YOU SHALL BE $50.00 US.

The information provided on this website is provided without warranties of any kind, either expressed or implied, and Equipment Street disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Equipment Street expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on this website. Neither Equipment Street nor any of its affiliates, directors, officers or employees, nor any third party vendor retained by Equipment Street, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of this website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Equipment Street or of any vendor providing software or support services for this website.

Additional Terms of Use - Applicable to Sellers

Response Time - Sellers that receive buyer requests or pricing inquiries agree to perform their best efforts to respond to these requests in the timeliest manner possible. Any Seller that does not respond within a four hour time period may be eliminated from an active buyer search. If a Seller continuously does not respond in a timely fashion or does not respond at all to buyer invites, they may be removed from the site.

Sellers are not permitted to communicate directly with buyers off site until their bid has been selected. Direct solicitation of buyer is prohibited. Sellers are to only respond with quotes that best match the buyer specifications. If insufficient information is provided, sellers are to use the questioning functionality provided within the site.

Financing Preference - By responding to buyer requests for information or pricing from your company you are agreeing to give Equipment Street, when possible, the right of first refusal to supply financing to any Buyer that requests this option.

Application Procedures - From time to time Equipment Street, on the behalf of your customers, will submit to credit applications to third parties covering equipment you sell. Equipment Street and any engaged third party sources will use its reasonable best efforts to determine your customer's creditworthiness upon receipt of all required information.

No Agency - It is agreed that usage of Equipment Street does not create an agency, partnership or joint venture relationship between you and Equipment Street. You agree that you (and your employees and agents) will not act as or represent yourself as an Equipment Street agent or partner.

Your Representations and Warranties - Prior to any request you make to Equipment Street or its third party affiliates for payment of your invoice for equipment sold through Equipment Street subject to a lease or loan, you represent, covenant and warrant that (a) The equipment has been delivered and installed and is working satisfactory to your customer, (b) that you have not withheld any significant adverse information concerning the customer's financial condition that might reasonably effect that customer's ability to repay the lease or loan, (c) that you will supply any and all service and maintenance called for in any agreement that you have with your customer that is subject to the lease or loan, and (d) you and your employees will take no action that will result in the customer's default of its obligation to Equipment Street or its third party affiliates.

Breach - If any of the representations and warranties in listed in the Seller Term of Use are breached by you and Equipment Street or its third party affiliates suffers any loss as a result, then you will reimburse Equipment Street or its third party affiliates in an amount equal to the equipment cost received minus base lease payments made by lessee.

Choice of Law - You agree that any dispute arising out of this agreement will be governed by the laws of the state of Florida.

Additional Terms of Use – Applicable to Buyers

YOU REPRESENT TO EQUIPMENT STREET THAT YOUR USE OF THE WEBSITE IS IN CONNECTION WITH YOUR POSSIBLE ACQUISITION AND/OR FINANCING OF EQUIPMENT STRICTLY FOR COMMERCIAL OR BUSINESS PURPOSES AND NOT FOR PERSONAL FAMILY, HOUSEHOLD OR AGRICULTURAL PURPOSES.

Buyers that create projects and invite Sellers are acting in good faith and are using Equipment Street for the purpose of researching and procuring commercial equipment.

Buyers that elect financing through Equipment Street are subject to credit approval. Price quotes may be adjusted based on the credit condition of the company applying.

If any Buyer continues to request and accept Sellers' offers and does not compete a reasonable amount of transactions they may be removed from participating on the site.

Response Time – Buyers that initiate Seller requests for information or pricing will perform their best efforts to act upon these responses in the timeliest manner possible. Any Buyer that does not respond within a reasonable time period may be eliminated from participating on the site. If a Buyer continuously does not respond in a reasonable time period or does not respond at all to Seller responses they may be removed from the site.

Trademark and Copyrights

Equipment Street owns and operates this website. All trademarks, service marks, trade names, and logos displayed on this website are proprietary to Equipment Street, except as explicitly noted below under Ownership of Other Materials. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this website without the written permission of Equipment Street or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.

Images and text displayed on this website are either the property of, or used with permission by, Equipment Street. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images and text may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information or software from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Jurisdiction and Governing Law

This website is controlled and operated by Equipment Street from its offices located in the Ponte Vedra Beach, Florida, United States. Equipment Street makes no representation that materials on the website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials on this website in violation of U.S. export laws and regulations.

The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Equipment Street or its affiliates to any registration requirement within such jurisdiction or country.

These Terms and Conditions shall be governed by and construed in accordance with the law of Florida, without regard to the conflict of laws thereof, and to the laws of the United States. If you take legal action relating to these terms of use, you agree to file such action only in the United States District Court for the Middle District of Florida, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.

Integration and Severability

If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms of use represent the entire agreement between Equipment Street and the user relating to the subject matter herein.

Privacy Policy for Equipment Street

Equipment Street ("we" or "us") recognizes the importance of your privacy and protecting the confidential information that you may choose to send us, either over the internet, email, mail, in person, fax or by phone. The owner and operator of Equipment Street is a member of the Better Business Bureau and strives to act in a professional and ethical manner in all of our business dealings. Our company's Privacy Policy is set forth below. These terms are incorporated into the Terms of USE, and you automatically agree to these terms by using our website. If You Do Not Agree To These Privacy Terms, Do Not Use This Website.

Browsing Equipment Streets' Website (www.equipmentstreet.com)

At www.equipmentstreet.com, the privacy of our visitors is of extreme importance to us. This Privacy Policy document outlines the types of personal information that is received and collected by Equipment Street and how it is used.

Log Files

many other Websites, www.equipmentstreet.com makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user's movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

Use of Cookies

Third party vendors may use cookies to serve ads on www.equipmentstreet.com. These cookies enable them to serve ads to users based on their visit to www.equipmentstreet.com and other sites on the Internet. Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include these third-party ad servers or ad networks use technology to the advertisements and links that appear on www.equipmentstreet.com send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or Web Beacons) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and/or to personalize the advertising content that you see. We have no access to or control over these cookies that are used by third-party advertisers.

You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices, as well as, for instructions about how to opt-out of certain practices. Our Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.

Personal and Business Information

We collect any personal and business information you voluntarily choose to disclose. As you browse our Web Site the usage information is gathered and maintained for appropriate business reasons. We utilize this information in order to identify you as our customer, establish and manage customer accounts, complete customer transactions, understand customer needs, market products and services, respond to interests of employment with us, and comply with legal and regulatory requirements. If you choose to correspond with us, we may retain the content of your messages, along with your address, fax number, email address and/or our responses. You may also provide us information about yourself, your firm or company, and your practices when you communicate with us, through any means. Examples of such information include nonpublic personal and business financial information on contact forms, vendor applications and lease applications. Examples of the categories of nonpublic personally identifiable financial information that we maintain concerning you includes, but is not limited to:

Sharing of Information with Third Parties

Equipment Street may share the personal and business information you choose to provide us with its various suppliers, affiliates, business and financial partners, equipment vendor contacts who might have referred you to us, and affiliates of the company (collectively, the "Third Parties"), in order to process your requests of us or comply with applicable laws. The company expects its Third Party providers to take the same level of care with any of your information that we would ourselves. As we develop our business, we may also transfer information you have provided to us in the course of sales of assets, corporate divestitures, mergers, acquisitions, or any dissolution.

Inaccurate Information

Please contact us immediately if you believe that our records contain inaccurate or incomplete information, in regards to you or your company. We will review your concerns and correct our records, if necessary.

Security of Information

Only authorized personnel at our company have access to any confidential information that you chose to provide us. Any information residing on our various operating systems is password protected. All company personnel sign confidentiality agreements regarding the proper use of your information.

Adolescents

This website is not intended for visitors under 18 years of age. Equipment Street does not knowingly solicit any information from, or market its services or products to adolescents.

Changes to our Privacy Policy

Our Privacy Policy is subject to periodic review and changes. If we materially change our Privacy Policy, we will post those changes to this Privacy Policy for you to view. When we do make changes, we will revise the "Effective" date at the top of this Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are constantly improving to better protecting the personal information we collect. Your continued use of the services we provide constitutes your agreement to this Privacy Policy and any updates.

Authorization and Consent to Use Information

By providing information to Equipment Street through our website, e-mail, fax, mail, in person or by phone, you authorize our use of that information. This includes processing your request, making proper decisions regarding the appropriateness of your request, and fulfilling requests when possible. We may also use the information we collect to contact you about updates to our website, new services and special offers we think you will find valuable.

Please direct any questions regarding this policy to: info@equipmentstreet.com