WEBSITE AND SERVICE TERMS OF USE

ALL USED STONE EQUIPMENT LLC

 

 WEBSITE AND SERVICE TERMS OF USE

All Used Stone Equipments’ service provides an online marketplace connecting used equipment sellers with buyers (the “Service”).  Your use of the Service, including your use of the www.allusedstoneequipment.com website (the “Site”) and your registration as a buyer or seller on the Site are governed by these terms and conditions (collectively the “Terms”).

You accept these Terms by visiting the Site, by registering as a buyer or seller, or both.  Use of the Service may be subject to additional terms and conditions defined by our participating sellers (“Sellers”) as stipulated by those Sellers.  All Used Stone Equipment, reserves the right to modify or revise these Terms or its other policies at any time and from time-to-time at its sole discretion. Any such modifications will be effective within forty-eight (48) hours of being posted on the Site, unless otherwise stated by All Used Stone Equipment in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the Terms. Your continued use of the Service following All Used Stone Equipment’s posting of any changes or modifications to these Terms will constitute your acceptance of such changes or modifications. If you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to visit the Site or use the Service.

 

LICENSE

 

All Used Stone Equipment grants you a limited, revocable, non-exclusive right and license to access and make use of the Site in conjunction with the Service.  All rights not expressly granted to you in these Terms are reserved and retained by All Used Stone Equipment or its licensors, suppliers, publishers, rightsholders, or other content providers.  Any unauthorized use will immediately terminate the licenses and rights granted by All Used Stone Equipment hereunder, and may subject you to civil and/or criminal prosecution.

 

CONTENT SUBMISSIONS

 

All Used Stone Equipment saves and then transmits equipment and related information provided by Sellers (the “Content”).   If you are a Seller, you warrant that you are either the owner of the Content, including the intellectual property rights in the Content, or that you otherwise have the legal right to allow All Used Stone Equipment to save and transmit the Content to Site visitors.

 

You agree that you will not provide any Content:

 

  • that is known by you to be false, inaccurate or misleading;

 

  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights;

 

  • in a manner that violates or breaches any contractual obligation that you have or may have with respect to the use of the Content;

 

  • that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or

 

  • that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.

 

INDEMNITY

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold All Used Stone Equipment, its subsidiaries, affiliates, and Sellers, and their respective officers, directors, employees and agents, free and harmless from and against any and all awards, damages, liabilities, fines, penalties, costs and expenses, including without limitation any legal and accounting fees, in any manner arising from or related to claims, actions or demands based on your breach of the Terms, including without limitation claims, actions, or demands pertaining to Content you submit to All Used Stone Equipment.

 

TRANSACTIONS

 

All Used Stone Equipment is paid by Sellers upon the sale of their equipment through the use of the Service.   All Used Stone Equipment does not sell, resell or license any of the equipment or other goods listed on the Site, nor is All Used Stone Equipment acting as an agent of sale.  All Used Stone Equipment disclaims any responsibility for, or liability related to, such equipment and other goods. Any questions, complaints or claims related to any equipment or other goods should be directed to the relevant Seller.

 

ALL USED STONE EQUIPMENT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY EQUIPMENT OR OTHER GOODS PURCHASED BY YOU THROUGH THE USE OF THE SERVICE, OR THAT ANY SELLER WILL PERFORM AS PROMISED BY THE SELLER.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ALL USED STONE EQUIPMENT, ITS SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS AND DAMAGES OF ANY KIND IN ANY MANNER ARISING FROM OR RELATED TO YOUR PURCHASE OF EQUIPMENT OR OTHER GOODS FROM A SELLER THROUGH THE USE OF THE SERVICE.

 

LINKS TO OTHER SITES

 

The Site may provide links to the websites of Sellers, other third-party merchants, affiliated companies, and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by All Used Stone Equipment of the content of such third-party sites nor of the business practices of such other businesses, entities, or individuals.  All Used Stone Equipment is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings, or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review the terms of use and privacy statements governing each such website.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE SITE AND THE SERVICE ARE EACH PROVIDED BY ALL USED STONE EQUIPMENT ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL USED STONE EQUIPMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN ANY MANNER PERTAINING TO THE SITE OR THE SERVICE.   THIS INCLUDES WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTENDED PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE SERVICE, OR ANY TRANSACTION RESULTING THEREFROM, IS SOLELY AT YOUR OWN RISK.  ALL USED STONE EQUIPMENT DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICE.  OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ALL USED STONE EQUIPMENT’S CONTROL.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL USED STONE EQUIPMENT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  IN THE EVENT THAT THIS LIMITATION OF LIABILITY IS DEEMED INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, ALL USED STONE EQUIPMENT’S LIABILITY TO YOU FOR CLAIMS IN ANY MANNER RELATED TO THE SITE OR THE SERVICE WILL NOT EXCEED $500.00 IN THE AGGREGATE.

 

IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, OR DO NOT AGREE WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE AND THE SERVICE.

 

COPYRIGHTS AND TRADEMARKS

 

All content, graphics, format, design, and other material on the Site (collectively, “Materials”) are protected by copyright law and other intellectual property laws, and are owned by All Used Stone Equipment and/or its licensors. The Materials may be used only in accordance with these Terms.

 

All Used Stone Equipment is a trademark of All Used Stone Equipment, and www.allusedstoneequipment.com is a registered domain name of All Used Stone Equipment.  Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the All Used Stone Equipment trademarks, are protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.

 

PRIVACY POLICY

 

All Used Stone Equipment LLC wants you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address (“personal information”).

 

We do not require that you provide, nor do we collect, any personal information if you are just browsing the Site.  If you use the Services, All Used Stone Equipment may require that you first provide certain personal information, which we determine is reasonably necessary in order for us to fulfill your request.  Any personal information which we collect from you will only be used for the purposes identified in this Privacy Statement, the All Used Stone Equipment Terms of Use, and as may otherwise be indicated at the time the information is collected. To update, modify or delete any personal information you provide to us with respect to the Service you may access your account with All Used Stone Equipment and make the necessary changes.

 

All Used Stone Equipment will not disclose your personal information to any third party unless: 1) it is necessary in order to complete and/or fulfill a transaction entered into through use of the Service; 2) it is required of All Used Stone Equipment in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); or 3) All Used Stone Equipment determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of All Used Stone Equipment, its subsidiaries, affiliates, co-brand partners or other parties under contract with All Used Stone Equipment, our users, or others.

 

In certain instances, All Used Stone Equipment may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked “optional” (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.

 

Our web servers may collect from Site visitors statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as providing necessary traffic information to our advertisers. To do this, we may use Web beacons and cookies on the Site. By supplementing our records, this information helps us learn things like what pages are most attractive to our visitors, and what kinds of offers our customers like to see. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can “opt-out” of this website analysis tool by clicking here: [INSERT HYPERLINK TO OPT-OUT PAGE]

 

Cookie Information:

 

The Site contains cookie technology, which collects non-personal information about you which is used to customize the Site for your future use. You can prevent the use of cookies on your computer by adjusting the privacy settings in your browser.

 

 

GOVERNING LAW

 

These Terms are governed by and will be construed in accordance with the laws of the State of Michigan, without regard to principles of conflicts or choice of law.  Except for disputes for which the injured party may properly seek equitable relief, any and all disputes, claims or controversies arising about these Terms or the Service will be finally settled by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), as then in effect.  In selecting the eligible arbitrators, the American Arbitration Association will give due consideration to the subject matter of the dispute.  The arbitrator’s sole authority will be to interpret and apply the provisions of these Terms.  The arbitrator will not change, add to, or subtract from, any of the provisions of these Terms.  The arbitrator will have the power to compel attendance of witnesses at the hearing.  Each party will be responsible for one-half (1/2) of the arbitration fees charged by the AAA and/or the arbitrator(s) and for its own legal fees and other costs relating to the arbitration proceeding.  A judgment upon any award rendered by the arbitration contemplated herein may be enforced and entered in any court having competent jurisdiction thereof, including, without limitation, any court of competent jurisdiction in the U.S., or other jurisdiction in which the non-prevailing party holds or controls assets.  Such an award may provide for the specific enforcement of these Terms.

 

GENERAL

 

If any provision of these Terms is held to be invalid, void or unenforceable for any reason, such provision will be struck and the remaining provisions will remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms and all agreements and notices incorporated herein may be automatically assigned by All Used Stone Equipment, in our sole discretion, to a third party. You may not assign your obligations to any other entity.

 

You must be at least 18 years old to use the Site, the Button, or the Service. If you are under 18 years of age, you can use the Service only with a parent or legal guardian.

 

SITE POLICIES

 

Please review All Used Stone Equipment’s other policies posted on the Site, which are incorporated herein by reference.

 

 

ADDRESS FOR NOTICES

 

Notices to All Used Stone Equipment can be sent through this link: http://www.allusedstoneequipment.com/listings/

 

All Used Stone Equipment’s mailing address is:

 

101 Premier Drive, Lake Orion, MI 48359