Terms & Conditions of Sale
1. User Eligibility
The PED Sites are available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on the PED Sites are available only in the U.S. If you do not qualify, do not use the PED Sites. In addition, you should only access the PED Sites from within the United States or its territories, as access to the PED Sites may be prohibited in countries outside the U.S. If you access the PED Sites from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
Special Note regarding Children: The PED Sites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the PED Sites. PED will comply with the Children's Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the PED Sites and you should always monitor your children's use of the Internet. You should make your children aware that providing information about them over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children's use of the Internet and to block your children's access to particular Internet sites.
2. Ownership and Permitted Use of PED Sites and their Content
PED provides the PED Sites and their contents for your information, education and shopping pleasure. Please feel free to browse the PED Sites. However, you should keep in mind that all of the information, content, and other material contained on the PED Sites, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements (all "Content") are the sole and exclusive property of PED, its licensors, or other third parties. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all content is retained by PED. You may view, download, and print material displayed on the PED Sites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
3. Certain Restrictions on Use
You may not:
- distribute, retransmit, republish, reuse, repost, or use the contents of the PED Sites for public or commercial purposes, without PED's prior written permission;
- alter, modify, frame, or "mirror" any content contained on the PED Sites
- link to the PED Sites;
- use any data mining, robots, or similar data-gathering and extraction tools in connection with the PED Sites;
- remove or alter any copyright or other proprietary notices contained on the Content;
- input or upload onto the PED Sites any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights of PED or any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines;
- post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to the PED Sites; or engage in any type of harassment activity via the PED Sites.
4. Errors on the PED Sites
PED shall have no responsibility for errors of any kind on the PED Sites or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or order placed by you if such request or order is based on incorrect information. PED reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.
A customer's sole and exclusive remedy if an item purchased by the customer from the PED Sites does not fulfill the description set forth on the PED Sites is to return the item, in an unused condition, to PED for a refund of the purchase price and, in PED's sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to PED. Because actual colors and the "look and feel" you see on the PED Sites will depend on your monitor and other technical factors, PED cannot guarantee that any video display of any product information or other data will be accurate at any time.
The price of each product and service will only be confirmed by PED upon the submission of an order by a customer. Prices provided on the PED Sites are subject to change without notice and may or may not include shipping and handling or any applicable sales taxes or customs duties. In the event PED discovers an error of any kind in pricing or product and service information, PED reserves the right to, in PED's sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer's instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favors the customer, ship the product to customer at the incorrect price to the customer's benefit. Products and services described on the PED Sites are available only while supplies last, and PED reserves the right to discontinue the offering or sale of any product or service at any time, without notice.
5. Feedback and Submissions to the PED Sites
PED welcomes your comments regarding the products and services offered on the PED Sites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique PED Site and (ii) the PED Sites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the PED Sites or through the feedback and survey opportunities offered by PED or third parties will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by PED, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to the PED Sites, you grant to PED a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send PED any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the PED Sites.
By submitting material to the PED Sites, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead PED as to the origin of any submission. You agree to indemnify PED for all claims against it that arise from or are connected with your submission(s).
6. Disclaimer of Warranty
The PED Sites, including all Content and the Content of any Linked Websites, are provided "as is" and "as available." AS TO THE PED SITES, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, PED EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Without limitation to the foregoing, PED makes no warranty: (a) that there will be no interference with your enjoyment of the PED Sites or Linked Websites; (b) that the Content provided on the PED Sites or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on the PED Sites or Linked Websites is complete, reliable or accurate; (d) that any request or order placed by you to the PED Sites or Linked Websites will be honored according to your schedule or any stated schedule; (e) that the PED Sites or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that the PED Sites or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of the PED Sites or Linked Websites will be accurate and reliable; (h) that any errors in the content of the PED Sites or Linked Websites will be corrected; (i) that materials on the PED Sites or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the PED Sites or Linked Websites are available for use in any particular location.
You assume total responsibility and risk for your use of the PED Sites and any Linked Website. Any material downloaded or otherwise obtained through the use of the PED Sites or Linked Website shall be so obtained at your own discretion and risk. PED will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from the PED Sites or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from the PED Sites or any Linked Website.
7. Limitation of Liability
PED will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the PED Sites, even if PED has been advised of the possibility of such damages.
8. Order Fulfillment
PED reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, PED shall not be liable to you or any third party for such denial or refusal.
The PED Sites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as "Linked Websites"). PED has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. PED does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to PED.
13. Updates and Changes to Policies
, which also governs your visit to PowerEquipmentDirect.com sites, to understand our practices.
15. Contact Information
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this PED Sites, please notify PED immediately at firstname.lastname@example.org
Effective January 1, 2009