terms-and-conditions
TERMS AND CONDITIONS
These website terms and conditions of use for www.actequipment.com constitute a legal agreement and are entered into by and between you and A.C.T. Equipment Sales Ltd. (”A.C.T. Equipment”, “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference, including without limitation, the Privacy Policy (collectively, the “Terms and Conditions”), govern your access to and use of, including any content, functionality, and services (the “Online Services”) offered on or through www.actequipment.com (the “Website”).
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Overview
Your use of the Online Services and the Website is subject to these Terms and Conditions, which may be updated from time to time. Please read the Terms and Conditions carefully and make sure you understand it. If you do not understand the Terms and Conditions, or do not accept any part of it, then you may not use the Online Services and must immediately cease accessing and using the Website.
Updates
We reserve the right in our sole discretion to revise and update the Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice.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.
Age Requirement
You must be at least 19 years old (or the age of majority in your jurisdiction) to use the Online Services and our Website. Any registration, access to or use of the Online Services by anyone under such age is unauthorized, unlicensed, and in violation of the Terms and Conditions. We have no obligation to confirm that you meet the eligibility requirements outlined above; however, we may, in our sole discretion, terminate your account and prohibit you from accessing or using the Online Services (or any portion thereof), with or without notice, if we have any reason to believe that you do not meet the eligibility requirements.
Your Information
Our Privacy Policy, which can be found at Privacy Policy explains how we treat your personal data and protect your privacy when you access our website or use our Online Services. You acknowledge that you have read our Privacy Policy as it may be updated from time to time. You consent to the collection, use and disclosure of your personal information (whether previously collected or to be collected) for the purposes identified in our Privacy Policy.
Your Account
Your use of certain portions of the Online Services will require an account identifying you as a user (an “Account”). You must create a password and account identification to enable you to access and use such portions of the Online Services. Each time you use a password or identification, you will be deemed to be authorized to access and use the Online Services in a manner consistent with the Terms and Conditions and we have no obligation to investigate the authorization or source of any such access or use of the Online Services.
Accuracy of Information
When you create an Account or make a payment, you will be asked to provide certain information. You acknowledge that we rely on the information that you provide through the Online Services, including name, contact information, and billing information. You agree to provide true, current, accurate and complete information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete, and accurate. You must not register for an Account on behalf of any individual other than yourself.
Account Security
YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT, including but not limited to the maintenance, confidentiality and security of your Account, all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any person who gains access to your account, with or without your permission. You agree not to disclose your password to any third party. A.C.T. Equipment cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account. You must notify A.C.T. Equipment immediately upon becoming aware of any breach of security or unauthorized use of your Account.
Ownership of Our Content
In the Terms and Conditions, “Content” means all materials and content, including any videos, audiovisual materials, multimedia elements, sound recordings, music, designs, editorial, text, graphics, photographs, reports, documents, software, information, formulae, patterns, data and any other work available through our Website.
Except where expressly stated otherwise, all right, title and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, “Our Content”) is owned and copyrighted by us and is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed to you subject to the Terms and Conditions and in accordance with its terms, including the disclaimers and limitations of liability herein.
Use of our Service
Provided that you are eligible to use the Website, you are granted a limited non-exclusive license to access the Website for your personal use. We reserve all rights not expressly granted to you in and to the Website and Online Services.
Prohibited Acts
As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
Without limiting the foregoing, you may not, directly or indirectly, do or permit any of the following:
- In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions;
- Reproduce, download, modify, translate, add to, distribute, redistribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, resell, transfer, sublicense, index or exploit any part of the Website, or the Content on the Website in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
- Distribute, transmit, publicly display or publish the Content (for any commercial or non-commercial purpose);
- Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
- Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;
- Access the Website via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
- Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the our system or network, or otherwise attempt to interfere with or compromise the system integrity or our security or any connected networks, or take any action to impact the proper operation of the Website and any person’s or entity’s use or enjoyment thereof;
- Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;
- Use the Website to collect any personally identifiable information, including Account names and e-mail addresses;
- Attempt to reverse engineer any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website; or
- Forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Service, impersonate or falsely represent your association with any person, including our representative.
Suspension and Termination of Your Account
We reserve the absolute right to suspend or terminate your access, your Account or access to all or part of the Online Services if (a) we believe that you do not meet the eligibility requirements to use the Service; (b) you materially or repeatedly breach the Terms of the Terms and Conditions or we believe you are misusing the Online Services; (c) we are required to do so to comply with a legal requirement or a court order; or (d) we believe there has been conduct that creates (or could create) liability or harm us.
Disclaimer of Warranties
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WIHTOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, DURABILITY, OR NON-INFRINGEMENT. THE ONLY WARRANTIES THAT APPLY ARE THOSE EXPLICITY PROVIDED BY THE MANUFACTURER.
WE MAKE NO GUARANTEES REGARDING PRODUCT PERFORMACE, SUITABILITY, OR MODIFCATION REQUESTED BY THE BUYER. OUR LIABILITY IS STRICTLY LIMITED TO REPAIR, REPLACEMENT, OR REFUND AT OUR SOLE DISCRETION. WE ARE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTAIL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
Indemnity by You
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless A.C.T. Equipment, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees) arising from: (i) access to or use, by you or permitted by you, of the Online Services or your Account (ii) your violation of any term of the Terms and Conditions; or (iii) any third party claims as a result of your reliance on any information made available to you. This defense and indemnification obligation will survive the Terms and Conditions and your use of the Online Services.
Governing Law and Jurisdiction
These Terms and the rights of the parties hereto are governed by and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with the Terms and Conditions.
Severance
If any provision of these Terms and Conditions is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
Waiver of Rights and Remedies
Our failure to insist upon or enforce strict performance of any provision of the Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of the Terms and Conditions. Our rights, powers and remedies in the Terms and Conditions, including without limitation the right to suspend, restrict or terminate your access to any portion of the Website are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Notifications
Subject to our Privacy Policy we may provide you with notifications via email, in hard copy, through your Account, or through conspicuous posting of such notice on the Website or otherwise as we may determine in our sole discretion.
Assignment and Inurement
The Terms and Conditions and its Terms cannot be assigned by you. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives and successors.
Survival
All provisions that, by their meaning or nature, are intended to survive termination or expiry of the Terms and Conditions shall survive termination or expiration of the Terms and Conditions.
Entire Agreement
The Terms and Conditions, as amended from time to time, including any and all documents and policies referenced herein, including without limitation, our Privacy Policy constitutes the entire agreement between us and you with respect to the matters referred to in the Terms and Conditions.
Questions and Concerns
If you have any questions or concerns about the Terms and Conditions, please contact us by email at [email protected].
If you have questions or concerns, please contact our support team.
