Terms & Conditions
These Terms and Conditions (these “Terms” or this “Agreement”) govern your use of www.precisionequips.com (the “Website”) and constitute a license for your use of the Website. By accessing, viewing, or using the Website, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and the Privacy Policy at [INSERT LINK HERE] and/or do not wish to be bound by these Terms or the Privacy Policy, do not use the Website. By accepting these Terms and Conditions on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the company on whose behalf you are accepting these Terms.
Your Use of the Website.
Precision Equipment Concepts, LLC, a Michigan limited liability company (“Precision Equipment Concepts”) grants you a limited, nonexclusive, nontransferable, revocable license to use the Website subject to the restrictions set forth in these Terms and Conditions.
The Website is offered and available to users who have a business relationship with Precision Equipment Concepts. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Precision Equipment Concepts and meet all of the eligibility requirements for doing so in the state in which you reside. If you are under the age of 18 and/or are otherwise unable to enter into a binding contract, you must not access the Website. The Website is not intended for children under the age of 13 or for users who do not have a business relationship with Precision Equipment Concepts.
Access and Account Security.
Precision Equipment Concepts reserves the right to withdraw or amend any of the Website, in its sole discretion and without notice. Precision Equipment Concepts will not be liable if for any reason all or any component of the Website is unavailable at any time or for any period, or if, as a result of such unavailability, you claim to suffer any damages. From time to time, Precision Equipment Concepts may restrict access to some Website, or the all Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection and on your behalf are aware of these Terms and Conditions and comply with them.
To access the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to Precision Equipment Concepts is correct, current, and complete. You agree that all information you provide to Precision Equipment Concepts in order to gain access to the Website, is governed by our Privacy Policy [INSERT LINK TO PRIVACY POLICY], and you consent to all actions Precision Equipment Concepts takes with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of the Website’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity (unless your business shares a unique credential). You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your user name, password, or other security information. You agree to notify Precision Equipment Concepts immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Precision Equipment Concepts has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Precision Equipment Concepts, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms and Conditions, and/or any local, state, or federal law or regulation.
Intellectual Property Rights.
The Website and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Precision Equipment Concepts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any of the Website, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your device for display enhancement purposes.
You must not:
- Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from, or distribute or redistribute any portion or subset of the Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any of the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in violation of the Terms and Conditions, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content to which you have access via the Website is transferred to you, and all rights not expressly granted are reserved by Precision Equipment Concepts. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The Precision Equipment Concepts name and logo, and all related names, logos, product, and service names, designs, and, slogans are the property of Precision Equipment Concepts. Precision Equipment Concepts is the trademark holder of its name and logo, as well as names and logos of the Website. You must not use such marks without the prior written consent of Precision Equipment Concepts. All other names, logos, product, and service names, designs, and slogans displayed via the Website are the intellectual property of their respective owners.
Prohibited Uses.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law, or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- To transmit, or procure the sending of, any advertising or promotional material inconsistent with the Website, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate any person or entity (including, without limitation, by using e-mail addresses or other personally identifying characteristics associated with such a person or entity.
- To use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any manual process to monitor or copy any of the material displayed via the Website or for any other unauthorized purpose without first our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server(s) which facilitate access to the Website, or any server, computer, or database connected to the Website.
- Attack any Precision Equipment Concepts computer or server via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the functionality of the Website.
Monitoring and Enforcement; Termination.
Precision Equipment Concepts and its agents at all times shall have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions, or local, state, or federal law or regulation.
Pricing.
Prices for products offered for sale on the Website are subject to change without notice. Prices do not include related shipping or freight charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority unless otherwise expressly noted on the Website.
Payment.
All sales must be paid in full at the time of the purchase.
Return Policy.
Without waiving any disclaimer or warranty set forth below or modifying any warranty offered by the product’s manufacturer, Precision Equipment Concepts will accept returns of any unused or unopened product for seven days following receipt of the product by Customer. Customer will pay for any shipping or freight charges associated with the return, as well as a restocking fee of 15% of the purchase price for each returned product.
Shipping; Shipping Delays.
Customer shall pay in full for all shipping, freight, and delivery charges. Precision Equipment Concepts shall have no responsibility whatsoever for any delays associated with shipping or delivery of any products purchased from the Website.
Typographical Errors.
In the event that the Website contains any errors, including without limitation an inaccurate price, Precision Equipment Concepts reserves the right to terminate or amend the order placed based on inaccurate information. Should such a cancellation occur, Precision Equipment Concepts shall refund your method of payment the amount of the purchase price for any product ordered based on inaccurate information.
Use the Website at Your Own Risk.
You agree that your access to and use of the Website is at your own risk. Precision Equipment Concepts will have absolutely no responsibility for any harm that results from your access to or use of the Website.
Warranties and Disclaimer of Warranties.
All products sold on the Website are covered by a limited 30 day warranty that the products are free from defects, and, to the extent such warranty may be transferred from Precision Equipment Concepts to the Customer, any warranty issued by the product’s manufacturer. All disclaimers and limitations of liability in this Section shall apply to any claims for any warranty other than a defect (if within the 30 days after the product is delivered) and all claims following such 30-day period. You understand that Precision Equipment Concepts cannot and does not guarantee or warrant that files downloaded via the Website will be free of viruses or other destructive code, or that any products purchased from the Website will be merchantable or fit for an intended purpose. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE GREATEST AMOUNT POSSIBLE, PRECISION EQUIPMENT CONCEPTS DISCLAIMS ANY AND ALL WARRANTIES REGARDING ANY INFORMATION OBTAINED ON THE WEBSITE AND ITEMS PURCHASED FROM THE WEBSITE. PRECISION EQUIPMENT CONCEPTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR FROM ANY HARM OR DAMAGE YOU CLAIM WAS CAUSED BY ITEMS OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE.
YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE OR ITEMS OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRECISION EQUIPMENT CONCEPTS NOR ANY PERSON ASSOCIATED WITH PRECISION EQUIPMENT CONCEPTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, OR REGARDING ANY PRODUCTS PURCHASED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PRECISION EQUIPMENT CONCEPTS NOR ANYONE ASSOCIATED WITH PRECISION EQUIPMENT CONCEPTS REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS THAT FACILITATE THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PRECISION EQUIPMENT CONCEPTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND ANY PRODUCTS PURCHASED FROM THE WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability.
IN NO EVENT WILL PRECISION EQUIPMENT CONCEPTS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ACCESSED VIA THE WEBSITE, OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify, and hold harmless Precision Equipment Concepts, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website, or the violation of these Terms and Conditions by a third party to whom you granted your access to any of the Website.
Third Party Access.
If you grant an employee, agent, volunteer, contractor, or other Third Party access to your data, such Third Party shall be deemed to have read, understand, and agree with these Terms. Under no circumstances shall Precision Equipment Concepts be liable for any action taken by such a Third Party, including, but not limited to, data loss, data corruption, a violation of Content Standards, and any action on another site or via a different entity which the Third Party uses your data accessed via the Website.
Miscellaneous.
No waiver of any breach of any provision of these Terms will be deemed a waiver of any preceding or succeeding breach or of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed a extension of the time for performance of any other obligations or acts.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its principles of conflicts of laws. By using one of the Website, you irrevocably submit to the exclusive jurisdiction of the courts of the State of Michigan located in Kent County, Michigan, and the United States District Court for the Western District of Michigan for the purpose of any suit, action, proceeding, or judgment relating to or arising out of these Terms. You irrevocably (i) consent to the jurisdiction of any such court in any such suit, action, or proceeding and to the laying of venue in such court; (ii) waive any objection to the laying of venue of any such suit, action, or proceeding brought in such courts; and (ii) waive any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
The Website is controlled by facilities in the United States of America. Precision Equipment Concepts makes no representations that any of the Website is appropriate or available for use in other locations. If you access the Website from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations.
These Terms and Conditions are the entire and exclusive agreement between Precision Equipment Concepts and you regarding the Website and products purchased on the Website, and these Terms and Conditions supersede and replace any prior agreements between Precision Equipment Concepts and you regarding the Website and products purchased on the Website.
