The materials appearing on any Site could include technical, typographical, or photographic errors. As set forth in more detail below, Equipment Lock does not warrant that any of the materials on its Sites are accurate, complete, or current. Equipment Lock reserves all rights to change the materials contained on its Sites at any time without notice. Equipment Lock does not, however, make any commitment to update any Site or Content.
- Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through any Site. Including through the use of any “deep-link,” “page-scrape,” “robot,” “spider,” or another automatic device, program, algorithm, or methodology, or any similar or equivalent manual process.
- Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password “mining,” or any other illegitimate means.
- The vulnerability of any Site or any network connected to any Site, nor breach of the security or authentication measures on any Site or any network connected to any Site.
- Reverse look-up, trace, or seek to trace any information on any other user of or visitor to any Site or any other customer of Equipment Lock, including but not limited to personal identification or information.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Equipment Lock’s systems or networks, or any systems or networks connected to any Site or to Equipment Lock.
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person’s use of any Site.
- Distribute viruses or any other technologies that may harm Equipment Lock or the interests of property of any other person or entity, including any other user of any Site.
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Equipment Lock, its dealers, or business associates.
- Forge or manipulate identifiers to disguise the origin of any message or transmittal you send to The Equipment Lock Company on or through any Site.
- Pretend to be, or represent someone else or impersonate any other individual or entity.
- That Equipment Lock owns or licenses all rights under patent law, copyright law, trade secret law, trademark law, and all other proprietary or moral rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights”) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content or contained on the Sites (“Equipment Lock IP”).
- That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
- Equipment Lock owns all rights, titles, and interest in and to any replacements, improvements, updates, enhancements, derivative works, and other modifications (including, without limitation, the incorporation of any ideas, methods, or processes provided by or through you) to Equipment Lock IP made by any person. Even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights, you will undertake any and all action necessary to vest such ownership in Equipment Lock, including without limitation assigning (and you hereby assign) to Equipment Lock all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
- No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Equipment Lock’s express prior written consent.
- That all marks that appear throughout the Sites and Content belong to Equipment Lock, or the respective owners of such marks, and are protected by the U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of Equipment Lock or the owner of the mark, as appropriate, is strictly prohibited.
- At its sole discretion, Equipment Lock may disable and terminate access to the Sites and Content by any persons or entity that may infringe the Intellectual Property Rights of Equipment Lock or others.
- You may not reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
- Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
- Reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
- Use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to, or accessed in conjunction with any Site or Content.
When you access or use any Site, it may ask you for optional personal information (including your name and an identifier for your computer). Equipment Lock collects such information, along with system information about the computer that you are using, including, the name of your computer, the operating system in use on your computer, the version of the software you are running, and the IP address of your computer to validate that you are authorized to use this Site, to improve Equipment Lock products and services, and to enable Equipment Lock dealers to understand who within its service territory is using the Sites. Equipment Lock may provide such information to its affiliates, subsidiaries, or other trusted businesses or persons, including Equipment Lock dealers. Equipment Lock will take reasonable and appropriate precautions to protect the confidentiality of such information; however, Equipment Lock may, or you may by using any Site, transmit such information to a jurisdiction that does not provide the same level of data protection as the legal jurisdiction in which you are located. By entering such information and/or using any Site, you consent to the collection, processing, and transfer of the information by Equipment Lock consistent with this paragraph. Our Privacy Statement provides additional information on our data collection and processing practices on the Websites described therein. We may update our Website Privacy Statement at any time. Additional or different privacy policies may apply to specific Sites.
- Upload to, distribute, or otherwise publish through any Site any message, data, information, text, or other material (“User Materials”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national, or international law.
- Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
- Without Equipment Lock’s written permission, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods or services, including junk mail and spam.
Equipment Lock takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, if any, Equipment Lock is only a forum and is not liable for any statements, representations, or User Materials provided by its users.
Equipment Lock has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Equipment Lock may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Equipment Lock reserves the right and has absolute discretion to remove, screen, or edit any User Materials that violate these provisions or are otherwise objectionable.
You shall remain solely liable for any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
The Sites may contain links to other independent third-party Web sites or resources (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Equipment Lock’s control, and Equipment Lock is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Equipment Lock has not reviewed all of the sites linked to its Sites and is not responsible for the contents of any such linked site. Use of any such linked website is at your own risk.
You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content, and/or service offerings were obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
The Sites and Content are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
The Content contained within press releases issued by Equipment Lock should not be deemed accurate or current except as of the date the release was posted. Equipment Lock has no intention of updating and specifically disclaims any duty to update the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
Equipment Lock shall not be bound by any pricing or price quotation provided by, on, or through the Site until the pricing, price quotation, and the terms and conditions of purchase are entered into in writing by an authorized officer of Equipment Lock and the purchaser.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights to those contained herein.
We recognize that you can obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Pennsylvania and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.