MACHINERY SCOPE COMMERCIAL TERMS OF SERVICE
Last updated: September 29, 2023
Welcome to Machinery Scope! This document is a contract between you and Machinery Scope, LLC (“Machinery Scope”, “we”, “us”, “our”), in connection with Machinery Scope providing Services (described below) to you through our websites located at www.machineryscope.com (the “Site”), and through our online content, tools and services related to the marketplace, whether accessed on the Sites or through third-party websites, mobile sites and/or applications (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service”).
3. ACCESS AND USE OF THE SERVICES
A. Services Description:
We and our affiliates, through the services we provide, intend only to assist with providing risk management solutions for commercial customers including extended service contracts (commonly referred to as extended warranty), equipment inspections, and equipment appraisals. The Services are designed to provide commercial entities with information about our products (collectively “our products”) through the Services’ content and tools. This includes, but is not limited to, information, content and tools related to our products and/or services such as commercial extended service contracts. Machinery Scope provides such information, content, and tools as well as the sales and administration of our products as part of the Services but we may have other business relationships that are a party to any of the transactions that occur between You and Machinery Scope, such as an obligor of any the extended service contracts that we may sell. We utilize business relationships with other parties in order to provide you such products, and therefore any product or service offered or related transaction to which you are a party may include other parties. If you engage in transactions with those parties outside of the scope of the services that we provide, those transactions are solely transacted between you and the applicable service provider and is not a part of these Services. We do not issue commercial insurance products, nor do we act as an agent or advisor to you regarding any insurance provider. Third-party insurance providers are solely responsible for any services they may provide to you that are outside of the scope of these Services.
All rates, fees, and terms are presented without guarantee and are subject to change pursuant to our discretion and / or our affiliated parties’ discretion and may not be available in all states or for all types of products. There is no guarantee you will be approved or qualify for the advertised rates or terms presented. We do not guarantee acceptance into any particular program or specific terms or conditions with any provider; approval standards are established and maintained including by and through our affiliates. We do not guarantee that the rates offered include the lowest rates available in the market or the rate that will ultimately be charged. This Service does not include all the available offers that may be available to you.
Your situation is unique, and it is your responsibility to evaluate the information and content provided before making any decisions to accept or deny any offers that we may make. You should consider obtaining additional information and/or advice from a qualified financial advisor or other professional who are fully aware of your circumstances.
B. Your Registration Obligations:
C. Modifications to Services:
Machinery Scope reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Machinery Scope will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
D. General Practices Regarding Use and Storage:
You acknowledge that Machinery Scope may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Machinery Scope and/or the servers of its affiliates on your behalf. You agree that Machinery Scope and/or its affiliates have no responsibility or liability for the deletion of or failure to store any data or other content maintained by or uploaded to the Services. In addition, as described herein, we will share information you submit to us with other providers to provide our Services. By submitting an inquiry, signing up for an account, or otherwise inputting information on or through our Site, you give us permission to retain all such provided information, and any other information we collect or may receive about you. You further acknowledge that Machinery Scope and its affiliates reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
E. Mobile Services:
The Services include certain services that may be available via a mobile device, including
(i) the ability to submit information or upload content to the Services via a mobile device and
(ii) the ability to browse the Services and the Site from a mobile device (collectively, the “Mobile Services”).
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services and/or providing your mobile telephone number to us through the Services, you agree that we may communicate with you regarding Machinery Scope and our providers by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update information that you have submitted to us to ensure that your messages are not sent to the person that acquires your old number.
F. Electronic Notices and Communication:
By using the Services, you agree that we may communicate with you electronically via email regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected].
4. CONDITIONS OF USE
A. User Conduct:
You are solely responsible for all information, data, text, software, messages, or other materials (“content”) that you submit or upload to the Services or otherwise use via the Services. Machinery Scope reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, blocking such violator’s access to the Services, and reporting the violator to law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by Machinery Scope and thus you agree to not use the Services to:
a) email or otherwise submit or upload any content that, in the sole judgment of Machinery Scope:
(i) infringes any intellectual property or other proprietary rights of any party; or
(ii) you do not have a right to submit or upload under any law or under contractual or fiduciary relationships; or
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(iv) poses or creates a privacy or security risk to any person; or
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Machinery Scope or our users to any harm or liability of any type;
b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, all as determined solely by Machinery Scope; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information;
f) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) further or promote any criminal activity or enterprise; or
h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Special Notice for International Use; Export Controls: Software (defined in the section on “Intellectual Property Rights” below) available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Your use of the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
B. Commercial Use Not Permitted:
Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
C. Protected Areas:
If you are given an opportunity to submit free-form responses, you agree to provide relevant and responsible responses; refrain from including any sensitive information of any kind (e.g., credit card or bank account information). You further agree that any information or materials that you, or individuals acting on your behalf, provide will not be considered confidential or proprietary and that Machinery Scope or its affiliates cannot and will not be held responsible to protect such data if you were to include it in your responses.
5. INTELLECTUAL PROPERTY RIGHTS
A. Service Content, Software and Trademarks:
You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Machinery Scope, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally submit or upload to the Services. You may not remove or alter any proprietary notices or marks on the Services or any portion thereof. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith is the property of Machinery Scope, our affiliates, and our providers (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Machinery Scope and its affiliates.
Machinery Scope’s name and logo are trademarks of Machinery Scope (collectively the “Machinery Scope Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Machinery Scope. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Machinery Scope Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Machinery Scope Trademarks will inure to our exclusive benefit.
B. Third-Party Material:
Under no circumstances will Machinery Scope be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Machinery Scope does not pre-screen content from third parties, but that Machinery Scope and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Machinery Scope and our designees will have the right to remove any content that violates these Terms of Service or is deemed by Machinery Scope, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
C. User Content Transmitted Through the Service
With respect to the content or other materials you submit or upload to the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Machinery Scope and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to Machinery Scope are non-confidential and Machinery Scope will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Machinery Scope may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property or personal safety of Machinery Scope, our users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
By utilizing our Service and agreeing to these Terms of Service, you acknowledge, agree, and authorize that (a) Machinery Scope will obtain information about you and your equipment (“Information”), for the purposes of identifying the products would be available to you, (b) your Information may be sent to other providers on your behalf, (c) your Information may be used in order to make sure you are who you say you are, and you have an interest in the equipment associated with our products (d) we may obtain reports and related information about you from dealers, manufacturers, and other industry stakeholders, (e) and your Information may be used by us and/or affiliated companies to make decisions about the sales and administration of any products associated to you.
D. Third Party Websites:
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Machinery Scope has no control over and is not responsible for such sites and resources, and links to such sites and resources do not indicate Machinery Scope’s endorsement of or affiliation with such sites and resources. You further acknowledge and agree that Machinery Scope will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Machinery Scope is not liable for any loss or claim that you may have against any such third party.
E. Indemnity and Release:
You agree to release, indemnify and hold Machinery Scope and our affiliates and our and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Please read this information carefully and print a copy and/or retain this information for future reference.
You are submitting a request to be matched with one of the Machinery Scope products. To offer you a product, we need your consent to use and accept electronic signatures, records, and disclosures. This form notifies you of your rights when receiving electronic disclosures, notices, terms and conditions, and other information. By assenting to our terms, you consent to conduct transactions using electronic signatures, electronic disclosures, electronic records, and electronic contract documents.
Option for Paper or Non-Electronic Records
You may request any documents related to the products and services we provide in paper copy by contacting Machinery Scope. Machinery Scope will provide paper copies at no charge. Machinery Scope will retain documents as applicable law requires. To obtain a paper copy from Machinery Scope, please email us at [email protected] with your request.
Scope of Consent
This Consent applies to all interactions online concerning you, Machinery Scope, and any third party or affiliated company and includes those interactions engaged in on any mobile device, including phones, smart-phones, and tablets. By exercising this Consent, Machinery Scope, and any third party or affiliated company may process your information and interact during all online interactions with you electronically. Machinery Scope, and any third party of affiliated company may also send you notices electronically related to its interactions and transactions. Terms and Conditions and other documents may be provided online at Machinery Scope, and/or any third party and/or affiliated company providers’ websites and may be provided by e-mail.
Consenting to Do Business Electronically.
Before you decide to do business electronically with Machinery Scope, and any third party or affiliated company, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements
To access and retain the documents electronically, you will need to use the following computer software and hardware: A PC or MAC compatible computer or other device capable of accessing the Internet, access to an e-mail account, and an Internet Browser software program that supports at least 128 bit encryption, such as Microsoft® Internet Explorer, Google Chrome, or Mozilla Firefox®. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader. You will need a printer or a long-term storage device, such as your computer’s disk drive, to retain a copy of the documents for future reference. You may send any questions regarding the hardware and software requirements directly to Machinery Scope.
Change to Your Contact Information
You should keep Machinery Scope informed of any change in your electronic address or mailing address. You may update such information by sending Machinery Scope a written update by mail or email.
Your Ability to Access Our Systems, Products, or Services.
By proceeding to utilize our systems, products, or services, or by offering our accepting one of our products or services, you assent to our terms. You acknowledge that you can access documents in the designated formats.
By proceeding to utilize our systems, products, or services, or by offering our accepting one of our products or services, you assent to the terms. You acknowledge you have read the information, have access to the appropriate records and documents, agree to the terms and conditions, and agree to do business electronically including providing electronic signatures. You acknowledge that you may request a paper copy of the electronic records, documents, and terms and conditions, which will be provided to you at no charge. You also acknowledge that your consent to electronic records, documents, and terms and conditions may be required to receive services from us, any third party, and/or any affiliated company over the internet.
If you are matched with any product offering, you are free to withdraw your Consent with Machinery Scope at no charge. Contact Machinery Scope if you wish to withdraw this Consent. If you decide to withdraw this Consent, the legal effectiveness, validity, and enforceability of prior interactions will not be affected.
Contact by Telephone:
You are providing express written consent to be contacted by Machinery Scope and any related third party or affiliated company at the telephone number(s) you have provided to explore our products, including contact through automatic dialing systems, artificial or prerecorded voice messaging, or text message (including SMS and MMS – charges may apply).
When you receive SMS and MMS notifications, you are also providing express written consent to be contacted to receive recurring messages at the phone number(s) provided about the services you inquired about. Message and data rates may apply. Message frequency will vary. Machinery Scope and mobile carriers are not liable for delayed or undelivered messages. SMS/MMS services is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice and may be limited to specific carriers.
You can cancel this service at any time. Just text “STOP” to the number from which you received communication. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. For help with the service please send the message “HELP” to the number from which you received communication. After you send the message “HELP” to us, we will respond with instructions on how to receive further help with the service.
You may be contacted at the telephone number(s) you have provided even if your telephone number is currently listed on any internal, corporate, state, federal or national Do-Not-Call (DNC) list. This consent is not required as a condition to purchase services.
Disclaimer of Warranties:
Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. Machinery Scope expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Machinery Scope makes no warranty that (I) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable or contain the most favorable terms, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations.
Limitation of Liability:
You expressly understand and agree that Machinery Scope will not be liable for any indirect, incidental, special, consequential or exemplary damages or damages for loss of profits, including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if machinery scope has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the services. In no event will machinery scope’s total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the services or with these terms of service, your sole and exclusive remedy is to discontinue use of the services.
Any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before one (1) neutral arbitrator selected by the American Arbitration Association. The place of arbitration shall be Alexandria, Minnesota. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party may, without waiving any remedy under these Terms of Service, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
You agree that Machinery Scope, in our sole discretion, may suspend or terminate your use of the Services and remove and discard any content within the Services for any reason, including, without limitation, for lack of use or if Machinery Scope believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. Machinery Scope may also in our sole discretion and at any time discontinue providing the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that Machinery Scope may immediately delete any information you have submitted or uploaded to the Services and/or bar any further access to such information or the Services. Further, you agree that Machinery Scope will not be liable to you or any third party for any termination of your access to the Services, and that Machinery Scope may take any measures we deem necessary to restrict access to the Services, including blocking IP addresses.
You agree that you are solely responsible for your interactions with other providers or any services about which you obtain information through the Services, and Machinery Scope will have no liability or responsibility with respect thereto. Machinery Scope reserves the right, but has no obligation, to become involved in any way with disputes between you and any such other providers or services.
Any notice given to Machinery Scope concerning the Services or any alleged issue arising out of the services shall be in writing and shall be delivered by hand, sent by pre-paid first class mail to Machinery Scope, LLC, 1910 Aga Drive, Suite 300, Alexandria, MN 56308, and emailed to: [email protected]. You agree that we may provide notice to you by posting it on the Sites, posting it on the Services by displaying notices or links to notices, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to any mobile phone number that that you have listed in your Service profile.
These Terms of Service constitute the entire agreement between you and Machinery Scope and govern your use of the Services, superseding any prior agreements between you and Machinery Scope with respect to the Services. You also may be subject to additional terms and conditions that may apply when you purchase our products, use affiliate or third-party services, use third-party content, or use third-party software, or if you are subject to a Dealer Agreement. These Terms of Service will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration as set forth above, you and Machinery Scope agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the federal district courts of the state of Minnesota, in the district in which Alexandria, Minnesota sits. The failure of Machinery Scope to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Machinery Scope, which we may withhold in our sole discretion. Machinery Scope may assign or transfer these Terms of Service, in whole or in part, at any time to any party, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.