Terms & Conditions

Terms & Conditions of Website Usage

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, EquipXR, accessible at equipxr.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agree to accept all terms and conditions written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

This website is operated by Elevator SEO, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by EquipXR and Elevator SEO, LLC.

This website offers online information and online product ordering for construction equipment aftermarket parts. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. EquipXR is not a dealer, representative, or supplier for any original equipment manufacturer (OEM). All use of company names, logos, symbols, etc., are for reference purposes only and does not imply that any part listed is a direct product of these companies nor that EquipXR has a direct relationship with the OEM.

To use our website and/or receive our services, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Intellectual Property Rights

EquipXR and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted a limited license only for the purposes of viewing the material contained on this Website.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of EquipXR through Elevator SEO, LLC.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Restrictions

You are specifically restricted from all of the following:
• publishing any Website material, text, content, or images, in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you, and EquipXR may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain confidentiality as well.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services. Notwithstanding anything contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant EquipXR a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, market, advertise, translate, and distribute it in any and all media.

Your Content must be your own and not invading any third-party’s rights. EquipXR reserves the right to remove any of Your Content from this Website at any time without notice.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify us at any time.

Limitation of liability

In no event shall EquipXR, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. EquipXR, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

To the maximum extent permitted by applicable law, in no event shall Elevator SEO, LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, EquipXR and Elevator SEO, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Responsibility for services and products

When buying an item, you agree that: (i) you are responsible for reading the full item listing before committing to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item, and you complete the check-out payment process.

The prices we charge for using our services / for our products may be listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about shipping and product return information is available on the shipping & returns page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees.

Without prior notice, we may change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranties for services and products

When we receive a valid warranty claim for a product purchased from us, we will replace the product. If we are unable to replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

This Website is provided “as is,” with all faults, and EquipXR express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Indemnification

You hereby indemnify to the fullest extent EquipXR from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

EquipXR is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment

EquipXR is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between EquipXR and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Ohio, United States, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the United States for the resolution of any disputes.