POWER EQUIPMENT DIRECT Terms of Use ("Terms")
|
Last updated: November 18, 2022
Welcome to the powerequipmentdirect.com website. These Terms are a contract between You and Power Equipment Direct, Inc. ("Power Equipment Direct," "Company," "We," "Us," or "Our") with regard to the access and use of Our website www.powerequipmentdirect.com and its component pages, and any other website, product or service made available by Power Equipment Direct or its affiliated websites (collectively, "Website"). The Website is made available to You pursuant to these Terms. Please read these Terms fully and carefully before accessing and using the Website.
IF YOU DO NOT AGREE WITH THE TERMS SET FORTH BELOW AND OUR PRIVACY POLICY (INCLUDING ANY MODIFICATIONS THERETO), YOU SHOULD EXIT THE WEBSITE. HOWEVER, THESE TERMS AND OUR PRIVACY POLICY WILL APPLY TO ALL OF YOUR INFORMATION AND ACTIONS PRIOR TO EXITING THE WEBSITE.
1. General Terms of Use.
a) Acceptance. By accessing and using the Website, You accept and agree to be legally bound by these Terms and Our Privacy Policy, and all prospective amendments to the Terms and Privacy Policy. This agreement is made by You just as if it had been made in writing. If You do not agree to these Terms, do not use the Website or any of the products and services enabled by the Website.
b) Access to Your Account. 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.
c) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting, and will include the date the Terms were last updated. Your continued access to the Website constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Website. Please review the Terms periodically so You are aware of any amendments.
d) Additional Terms. Although You are always bound by these Terms and Our Privacy Policy, in using certain features, products, or services You may be bound by and subject to additional terms applicable to those features, products, or services, including without limitation Our Shipping Policy and Return Policy. You may review the terms and conditions of these policies by clicking on the link provided or contacting Us through the methods described below. You agree that You will comply with all additional terms and conditions, and that You will comply with any and all laws and regulations applicable to Your purchase or use of any Power Equipment Direct product or service. Any and all additional terms and conditions will not change or replace these Terms regarding use of the Website, unless expressly stated. Any and all additional terms and conditions are hereby incorporated within these Terms.
e) Capacity. The Website is a general audience Website for adults age 18 or over, and is intended for use only by individuals in the United States. By using this Website, You represent that You are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract.
2. General Use of the Website.
a) Website Features. The Website contains certain features and functionality, including the ability to receive content. We reserve the right, in Our sole discretion, to change, modify, remove, or add any features, products, services, or terms offered at any part on the Website. This includes without limitation any features regarding Our products and services and contacting Us. Power Equipment Direct strives to ensure that all content on the Website, including product, availability, and price information, is accurate, complete, and current, but Power Equipment Direct does not warrant the accuracy or completeness of the content made available on the Website, or the availability of all products and services offered on the Website. The colors You see on the Website may depend on the device You are using to view the Website. Information on the Website may contain typographical or other human errors and may not be complete or current despite Our efforts. We will attempt to address any inaccurate or incomplete content after We are made aware of it. All weights and sizes may be approximate. If a product offered by the Website is not as described, Your sole remedy is to return it in unused condition. The Website is presented on an "AS IS" basis.
b) Eligibility. THE WEBSITE IS INTENDED FOR USE ONLY BY INDIVIDUALS AGE 18 OR OVER LOCATED IN THE UNITED STATES. IF YOU ARE A PERSON OUTSIDE THE UNITED STATES, BY ACCESSING AND USING THE WEBSITE, YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS, AND YOU AGREE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS NOT AVAILABLE TO ANY PERSONS SUSPENDED OR REMOVED FROM THE WEBSITE BY THE COMPANY. IN USING THE WEBSITE, YOU REPRESENT THAT YOU ARE A PERSON WHO HAS NOT BEEN SUSPENDED OR REMOVED FROM THE WEBSITE. PERSONS CHOOSING TO ACCESS THE WEBSITE DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, AND ALL LOCAL LAWS AND RULES, INCLUDING WITHOUT LIMITATION, SUCH LAWS AND RULES REGARDING THE INTERNET, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.
c) Use. The Website and its contents are for Your personal use only. Power Equipment Direct grants You a limited license to access and make personal use of the Website. This license does not include (i) any resale or commercial use of the Website or the content made available through the Website; (ii) any derivative use of the Website or the content made available through the Website; (iii) any downloading or copying of content or account information; (iv) any collection and use of product listings, descriptions, or prices; or (v) any use of data mining, scraping, spiders, robots or similar data gathering or extraction tools. You may not use any meta tags or any other "hidden text" utilizing Power Equipment Direct's name or trademarks without the express written consent of Power Equipment Direct. Except as explicitly permitted by these Terms, no content made available through the Website may be used, reproduced, transmitted, distributed, downloaded, displayed, framed, modified or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Website. You shall not use the Website in any manner that could damage, disable, overburden or impair the Website.
d) Electronic Communications. When You contact Us through the Website, create a user account, or provide Your e-mail address to Us for any reason, You are consenting to receive communications from Us electronically. We will communicate and transact with You by e-mail or by posting notices on the Website. 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. If You wish, at any time, to opt out of receiving marketing and advertising electronic communications from Us, You can do so by logging into Your account and changing Your profile settings and preferences or by clicking the "Unsubscribe" link included with such electronic communications.
e) Text Communications. To receive SMS, MMS, or text messages ("Text Communications") from Power Equipment Direct, including messages relating to the delivery of orders You place on the Website, You must provide a mobile phone number and agree to these terms and conditions. We will send You a text message requesting that You affirm Your choice to receive Text Communications, and You must respond to that message to verify Your mobile phone number before You can begin receiving Text Communications. By affirming Your choice to receive Text Communications, You acknowledge and agree that (i) We will send Text Communications to the number You provide and anyone with access to that mobile phone or carrier account will be able to see any such Text Communications; and (ii) You are the subscriber for the number You provide and will inform Us if You are no longer the subscriber. After You opt in to receiving Text Communications, message frequency will vary. Message and data rates apply. You can opt out of receiving Text Communications at any time by texting "STOP" to the number You receive in Text Communications. You will receive one final message confirming You are unsubscribed. If You wish to join again, You can opt in on the Website at any time.
f) Reviews, Comments, Communications, and Other Content. If You post content or submit material relating to Power Equipment Direct or the Website (a "Submission"), the Submission must not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. You will not post content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Unless We indicate otherwise, You grant Power Equipment Direct a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, distribute, publish, modify, publicly perform, publicly display, adapt, translate, archive, store and create derivative works from such Submission, in any form, format, or medium of any kind now known or later developed. In addition, You authorize Power Equipment Direct to share the Submission across all websites, advertisements, media and other medium, affiliated with Power Equipment Direct, to include the Submission in a searchable format accessible by users of Power Equipment Direct, to place advertisements in close proximity to such Submission, and to use Your name, likeness and any other information in connection with its use of the material You provide. You also grant Power Equipment Direct the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication You provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You. You grant Power Equipment Direct and sub-licensees the right to use throughout the world in any media the name that You submit in connection with such content.
You represent and warrant that: (i) You own or otherwise control all the rights in any Submission You submit, and (ii) the Submission is non-infringing and does not otherwise violate the rights of, or cause any injury to, any person or entity. You acknowledge and agree that You will indemnify Power Equipment Direct for all claims resulting from the content You post or submit. Power Equipment Direct has the right but not the obligation to monitor and edit or remove any activity or content. Power Equipment Direct takes no responsibility and assumes no liability for any content posted by You or any third party.
Any Submission made on the Website is non-confidential and non-proprietary. Do not send Us any Submission that includes information You wish to remain confidential. Your Submission may be made publicly available and Power Equipment Direct is not responsible for any use or misuse (including any distribution) by any third party. Power Equipment Direct is not responsible for damage or harm resulting from Your choice to share personal information.
g) Unavailability. Your access to the Website may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Website, or any of the consequences of such interruptions.
3. Termination; Modification. Without any further notice and at any time, You understand and agree that Power Equipment Direct may terminate, cancel, deactivate, and/or suspend Your access to the Website. By terminating Your access or use, Power Equipment Direct does not waive or alter any other right or relief to which it may be entitled at law or in equity. If Power Equipment Direct terminates or suspends Your access to the Website, Your right to use the Website will immediately cease and You must discontinue use of the Website by all means and methods. Power Equipment Direct reserves the right to immediately and permanently deactivate Your Account and delete any information or content stored through Your Account. Power Equipment Direct reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Website. You understand, acknowledge, and agree that Your sole and exclusive right and remedy regarding the termination or modification of Your access to and use of the Website, is to stop using the Website.
4. Privacy.
a) Privacy Policy. Your privacy is important to Us. By using this Website, You agree to these Terms as well as to the collection transfer, processing, usage, sharing, and storage of Your personal and non-personal information consistent with the terms of Our Privacy Policy. Please review Our Privacy Policy regularly for more information.
b) HIPAA. Power Equipment Direct does not request, collect or use customers' protected health information. You must exercise caution when sharing information with Power Equipment Direct to avoid inadvertently disclosing Your health information.
5. Monitoring. Power Equipment Direct may, but has no obligation to, monitor the use by You and other users of the Website. During monitoring, any information relating to any user or their respective activities on the Website may be examined, recorded, copied, and used in accordance with these Terms and Our Privacy Policy. Furthermore, Power Equipment Direct reserves the right at all times (i) to disclose any information provided at any portion of the Website as set forth in Our Privacy Policy, including without limitation to satisfy any law, regulation, or governmental request, and (ii) to refuse to transmit, or to remove, any information or materials, in whole or in part, that Power Equipment Direct in its sole discretion, finds objectionable or in violation of these Terms or Our Privacy Policy.
6. Conduct and Acceptable Use.
a) You are responsible for the content of Your communications and representations through the Website, including those sent to Us through the Website from Our contact forms.
b) We may require, at any time, proof that You are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Website or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Website, You represent the following:
Violations of the Terms, including without limitation provisions (i-xi) above, will be determined by the Company in its sole discretion and may result in, among other things, termination of Your access to the Website.
7. Creating and using an Account. You may create an account to use certain features or functionality of the Website, including online purchases. You are not permitted to share, sell, distribute, or otherwise transfer Your Account or allow Your login credentials to be used by any other individual. It is Your responsibility to keep Your Account and password (including any related security questions and answers) confidential, and to ensure that You restrict access to any device You use to access Your Account.
You are solely responsible for any activities or actions taken under Your Account, including purchases, regardless of whether You authorized such activities or actions. You agree to notify Us immediately of any unauthorized use of Your Account. We are not liable for any loss or damage from Your failure to comply with this section.
You represent and warrant that any information You provide to Us is accurate, current, and complete and that You will maintain and promptly update Your information to keep it accurate, current, and complete. If any information You provide to Us is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate Your use of the Website.
8. Ownership; Proprietary Rights. All Website content and materials including without limitation text, photographs, illustrations, images, button icons, graphics, product names, designs, logos, video material, digital downloads, data compilations, software, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Power Equipment Direct, or the party credited as the provider or owner of the Intellectual Property. Any use of the Intellectual Property without the written permission of Power Equipment Direct or the owner of the Intellectual Property is strictly prohibited.
The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Power Equipment Direct and protected by United States and international copyright laws. All software used to provide any service on the Website is the property of Power Equipment Direct or its software suppliers and protected by United States and international copyright laws. In connection with Your use of the Website, Power Equipment Direct grants You a limited, non-transferable, non-sub-licensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Website's content for Your personal use. You agree not to modify or delete any copyright, trademark, or other proprietary notice. Power Equipment Direct may revoke this license at any time for any or no reason. Except as expressly authorized by Power Equipment Direct, You agree not to sell, license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Website content and materials.
Power Equipment Direct's trademarks and trade dress may not be used in connection with any product or service that is not owned or distributed by Power Equipment Direct in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Power Equipment Direct. All other trademarks not owned by Power Equipment Direct that appear within the Website are the property of their respective owners, who may or may not be affiliated with Power Equipment Direct.
9. Third-Party Sites, Products & Services; Links. The Website may contain links to third party websites ("Third-Party Sites") that are not owned, controlled, or operated by Power Equipment Direct.
THE COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY SITES OR THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY US AND NEITHER THESE TERMS OF USE NOR OUR PRIVACY POLICY APPLY TO SUCH THIRD-PARTY SITES. ACCORDINGLY, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE OPERATION OR CONTENT OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE WEBSITE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY POWER EQUIPMENT DIRECT. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY SITES. YOU ARE ENCOURAGED TO REVIEW THE AGREEMENTS AND POLICIES FOR ANY WEBSITE YOU CHOOSE TO ACCESS AND CONFIRM THAT THE TERMS ARE ACCEPTABLE TO YOU PRIOR TO YOUR USE.
10. Disclaimer; No Warranties; Limitation on Liability and Damages.
a) ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN ADDITIONAL AND/OR DIFFERENT INFORMATION THAN THE INFORMATION DISPLAYED WITHIN THE WEBSITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE WEBSITE. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN THE WEBSITE AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS PRIOR TO USING A PRODUCT OR USING A SERVICE OFFERED ON THE WEBSITE. IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A SPECIFIC PRODUCT DISPLAYED ON THE WEBSITE OR REFERENCED IN CONNECTION WITH A SERVICE OFFERED ON THE WEBSITE, YOU SHOULD CONTACT THE PRODUCT MANUFACTURER DIRECTLY. ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE FOR GENERAL REFERENCE PURPOSES ONLY. POWER EQUIPMENT DIRECT ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS REGARDING ANY PRODUCT OR SERVICE OFFERED ON THE WEBSITE.
b) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH e) OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OF THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
c) YOU ALSO SPECIFICALLY AGREE THAT POWER EQUIPMENT DIRECT IS NOT RESPONSIBLE FOR ANY CONTENT SENT AND/OR INCLUDED ON THE WEBSITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT POWER EQUIPMENT DIRECT AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND/OR MAY DISCONTINUE ANY PART OF THE WEBSITE AT ANY TIME.
d) ALSO SUBJECT TO PARAGRAPH e) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF $100 OR THE PURCHASE PRICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
e) IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY'S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY'S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY'S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
11. Placing Orders Through the Website. a) Product Descriptions. Power Equipment Direct attempts to provide product descriptions that are as accurate as possible. However, Power Equipment Direct does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product You purchase from us is not as described, Your sole remedy is to return it in unused condition.
We have also made every effort to display as accurately as possible the colors and finishes of our products that appear on the Website. However, as the actual colors You see will depend on Your monitor, we cannot guarantee that Your monitor's display of any color or finish will be accurate.
b) Product Availability. The availability, product packaging, quality, quantity, price, discounts, charges, and fees for any product, service, or program found on the Website are subject to change at any time without notice. Power Equipment Direct may take any or all of the following actions at any time, with or without notice: (1) limiting the availability of any product, service, or program; (2) discontinuing any product, service, or program; (3) restricting any purchase; (4) cancelling any purchase; or (5) refusing any order. Products may not be available on Power Equipment Direct at all times. Some products may be subject to additional terms, conditions, policies, and disclosures. If You order a product that is out of stock, We will advise You and, in most cases and at Our sole discretion, will allow You to place the product on back-order or will recommend a substitute or similar item. Power Equipment Direct may, in its sole discretion and with or without notice, limit Your order or the quantity of a particular product that You may order.
Power Equipment Direct reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. Power Equipment Direct also reserves the right to prohibit sales to dealers. If You are interested in purchasing multiple quantities of items for a corporation or institution, please contact our Sales Team.
c) Pricing. While Power Equipment Direct strives to provide accurate product and pricing information, pricing or typographical errors may occur. Power Equipment Direct cannot confirm the price of any item until after You order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Power Equipment Direct shall have the right, at our sole discretion, to either contact You for instructions or cancel Your order and notify You of such cancellation. The price of the items You order will be those in effect on the date You place Your order. Prices are in U.S. dollars and do not include applicable taxes, if any. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. Prices and availability are subject to change without notice. Power Equipment Direct has the right to cancel any order for products or services listed at an incorrect price due to any error, whether or not the order has been confirmed. Power Equipment Direct will provide notice to You when cancelling any such order.
d) Promotion Codes. Promotion Codes are only valid on orders placed via the Website or directly with one of Our sales representatives. Promotion codes cannot be used after their expiration date. If the total discount value of a promotion code exceeds the value of Your order, We may adjust the promotion code. Power Equipment Direct has the right to withdraw or cancel any promotion code, in whole or in part, at any time. If We suspect that a promotion code is being used fraudulently or illegally, We have the right to reject or cancel that code and any order, transaction, or purchase using that promotion code. You agree that if a promotion code is rejected or cancelled for any reason, You will have no claim against Power Equipment Direct. Power Equipment Direct is not liable for any financial loss arising out of Your inability to use a promotion code for any reason.
e) Purchase Limits. Power Equipment Direct may, in its sole discretion, establish a per transaction spending limit for Your account. Your payment card issuer may also establish spending limits that affect Your right to place orders through the Website. You should consult the cardholder agreement between You and Your payment card issuer to determine what limits, if any, exist.
f) Updating or Cancelling an Order. After You place an order, it will be available in Your Order History with an order status. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For Your convenience, You will be charged at the time of shipping and Your order will be shipped consistent with the terms of Our "Shipping Policy". We will do Our best to ship the products You have purchased on the estimated shipping date provided at the time of Your order. However, We may, as required by the circumstances and in Our sole discretion, change the estimated shipping date after Your order is processed. If We change the estimated shipping date, We will send notification to the email address associated with Your account that provides a new est. ted shipping date. Some situations that may result in Your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is canceled or if additional information is required to accept Your order. If Your order is canceled after payment received, we will issue a credit for the amount of the charge to the charged payment method, if available, or by an alternate method within Our sole discretion.
g) Credit and Debit Cards; Billing and Payments. You must provide a valid method of payment in full to purchase products through the Website. You authorize Power Equipment Direct to charge Your credit or debit card for all purchases made through Your account on the Website, plus applicable taxes, fees and other charges (including sales tax, service fee, and delivery charge). You represent that You have the legal right to use any method of payment provided, including any credit or debit card You provide, and You agree to pay for any order through the Website placed by You or anyone using Your account regardless of whether You authorized that person's activities or actions.
h) Reservation of Rights. When You place an order through the Website, it will be subject to Power Equipment Direct's acceptance. Power Equipment Direct may require verification of information before accepting or fulfilling any order. An order number or order confirmation does not indicate that Power Equipment Direct has accepted Your order. At any time after receiving Your order, Power Equipment Direct may accept or decline it for any or no reason and without liability to You or anyone else. If Power Equipment Direct cancels an order for which Your method of payment has already been charged, Power Equipment Direct will issue a refund to You. All returns and refunds for orders placed on the Website are subject to Power Equipment Direct's Returns Policy.
i) Delivery Terms. Power Equipment Direct will deliver Your order to the delivery address You provide at the time of purchase. In most instances, You will receive notification that the product(s) ordered are ready for delivery and will be advised of an approximate delivery window. Alternatively, You may be contacted to schedule an appointment for delivery. Regardless of the manner of notification and delivery, all deliveries are expected to be received by You or on Your behalf at the delivery address when delivered. We will conclusively presume that anyone at the delivery address who receives and accepts the delivery is authorized to do so, regardless of whether You authorized that person's actions or activities. If no one is at the delivery address at the specified time nor any delivery instructions provided for unattended delivery or otherwise, We may, in Our sole discretion, not deliver Your order. In the event delivery of Your order cannot be completed and we are required to take the product(s) back, You may be charged a restocking fee and other costs associated with return of the product for failure of delivery. Please review Our Returns Policy for additional details.
You are responsible for properly storing Your items promptly after delivery. Power Equipment Direct cannot guarantee the quality of items that are not properly stored promptly after delivery.
12. Indemnification; Hold Harmless. You agree to indemnify and hold Power Equipment Direct, its employees, officers, directors, investors, agents, assignees, affiliates, partners, subsidiaries, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Power Equipment Direct harmless from all claims, liabilities, losses, damages, costs and expenses (including without limitation, attorneys' fees and expenses, and direct, incidental, consequential, exemplary and indirect damages) arising out of, resulting from or relating to Your use of the Website, Your breach or alleged breach of these Terms, or Your violation of any rights of another user. Power Equipment Direct reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
13. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. AS SET FORTH BELOW, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM YOU MAY ASSERT BEFORE A JUDGE OR JURY AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE OR OTHER REPRESENTATIVE ACTION.
These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. You acknowledge and agree that any claims, lawsuits, or other actions (collectively, "Claims") arising under or relating in any way to (i) these Terms (including without limitation interpretation, breach, termination or validity of the Terms), (ii) use of the Website, or (iii) any products or services provided or sold by Power Equipment Direct, shall be subject to and resolved solely through binding arbitration following rules established by the American Arbitration Association. Any such arbitration proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party. You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
To the fullest extent permitted by law, You acknowledge and agree that You are waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. You further acknowledge and agree that any arbitration shall proceed on an individual basis only and not as a class action or representative action, and You expressly waive the right to file a class action or seek relief on a class basis.
14. Assignment. You may not assign these Terms, or any of Your rights or obligations hereunder, without the prior written consent of Power Equipment Direct. Power Equipment Direct may assign all or any part of its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
15. Severability. If any provision of these Terms, including Our Privacy Policy, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provision(s) had never been a part of these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
16. Survivability. Sections 4 (Privacy), 8 (Ownership; Proprietary Rights), 12 (Indemnification; Hold Harmless), 13 (Dispute Resolution), 14 (Assignment), 15 (Severability), 17 (Headings), 19 (No Waiver), 20 (Children's Online Privacy Protection Act ("COPPA") Notification), and 21 (Digital Millennium Copyright Act) shall survive any termination of these Terms.
17. Headings. All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions set forth herein.
18. Entire Agreement. These Terms, including Our Privacy Policy, represent the entire agreement between the Company and You regarding the use of the Website. These Terms cancel and supersede all prior understandings between the Company and You regarding the rights and obligations set forth herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.
19. No Waiver. NO WAIVER OF ANY OF THESE TERMS BY POWER EQUIPMENT DIRECT IS BINDING UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF POWER EQUIPMENT DIRECT AUTHORIZED TO AGREE TO SUCH WAIVER. IF THE COMPANY WAIVES A BREACH OF ANY PROVISION OF THE TERMS, ANY SUCH WAIVER WILL NOT BE CONSTRUED AS A CONTINUING WAIVER OF OTHER BREACHES OF THE SAME NATURE OR OF OTHER PROVISIONS OF THE TERMS AND WILL IN NO MANNER AFFECT THE RIGHT OF THE COMPANY TO ENFORCE ALL TERMS AT A LATER TIME.
20. Children's Online Privacy Protection Act ("COPPA") Notification. Our Website is not designed or intended for use by persons under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
21. Digital Millennium Copyright Act. Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Website should be promptly sent in the form of written communication to Power Equipment Direct by email to service@powerequipmentdirect.com or to the postal address set forth below in Section 22 "Contact Us". All claims must include the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or to have access disabled, and information reasonably sufficient to permit the material to be located on the Website;
d) Contact information for the complaining party, including full name, postal address, telephone number, and if available, an email address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
22. Contact Us. If You have any questions about these Terms, please contact Us at:
Email:
service@powerequipmentdirect.com
Phone:
(800) 710-7499
Address:
969 Veterans Parkway
Suite C Bolingbrook, IL 60490 |