Equipment Exchange, Inc ("Site").
and its affiliates provide their service to you subject to the following conditions. If you visit or shop at
, you accept these conditions. Please read them carefully
Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
We may from time to time change the terms that govern your use
of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
, to understand our practices.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by
, collectively, and its subsidiaries and/or affiliates ("e
"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by e
and all other e
trademarks appearing at this Site are trademarks of e
and its subsidiaries.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
When you visit
or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to e
on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain e
's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to e
of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, e
will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. e
is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you make.
You agree that e
may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that e
may use your information for marketing and promotional purposes.
'S COMMUNICATIONS TO YOU
You agree that e
may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of e
's products or services, or for such other purpose(s) as e
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use
only with involvement of a parent or guardian.
and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
products displayed at the Site are available in select e
stores in the United States and while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in e
stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site.
However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
and its affiliates attempt to be as accurate as possible.
does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
If a product offered by
itself is not as described, your sole remedy is to return it in unused condition and with the manufacturers original packaging and labels.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR
USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT e
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
RISK OF LOSS
All items purchased from
are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You agree to defend, indemnify and hold e
harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
APPLICABLE JURISDICTION AND LAW
This Site and the Contents thereof are displayed solely for the purpose of promoting e
's products and services available in the United States and select foreign markets. This Site is controlled and operated by e
from its offices in Baltimore, Maryland.
This Agreement and any disputes relating in any way to your purchases from and/or interactions with
shall be construed in accordance with the laws of the State of Maryland, exclusive of all other laws, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Maryland, County of Baltimore and/or the City of Baltimore, exclusive of all other jurisdictions and venues.
This Agreement is effective unless and until terminated by either you or e
. You may terminate this Agreement at any time before purchase and by written notice only. e
also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in e
's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or e
, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.