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TERMS OF USE
Terms of Use
Last updated August 1, 2020
WELCOME!
Welcome to www.ardenequipmentinc.com (the "Site"), we look forward to serving you!
The Site is made available to you by Arden Equipment Inc. (“we”, “us”, “our” or “Arden”). Please take a moment to read this document carefully, as it contains important information regarding your rights associated with your use of the Site.
YOUR ACCEPTANCE OF THESE TERMS
By accessing or browsing our Site, you agree to be bound and abide by the terms and conditions set forth in this document, and the terms included in our Privacy Policy available here and incorporated into our terms by this reference (together, the “Terms”).
We reserve the right to modify and update the Terms from time to time, by posting on the Site or by notifying you by any other reasonable means of communication. You confirm your acceptance of the modifications or updates by continuing to use the Site.
AUTHORIZED USERS OF THE SITE
The Site is intended for visitors located in the United States only and is not intended for persons under 18 years of age.
ACCESSIBILITY
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please contact our Customer Service Team via email at contact@arden-equipment.com. We will be happy to assist you.
YOUR PRIVACY
You may be required to register with us to access certain areas of the Site or to request information about our products or our distribution network. You may be asked to provide information such as your name, company where you work, e-mail address, and your phone number. Your privacy is important to us. Please take a moment to review our Privacy Policy, available here, as it explains how we protect and use your information.
YOUR ACCOUNT
If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree that we will not be liable for any damage or loss arising out of or relating to any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve to right to terminate or cancel accounts. These Terms survive such termination or cancellation.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails to us, you agree to communicate with us electronically. You hereby agree to receive communications from us electronically. You also agree to be bound by electronic submissions with respect to all transactions you enter on this Site. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by such transactions.
OUR CODE OF CONDUCT
You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you agree not to upload, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is abusive, libelous, threatening, defamatory, obscene, indecent, profane, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, and you agree not to advocate, encourage, or assist any third party in doing any of the foregoing.
YOUR USE OF THE SITE
Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, limited license to view and use the information and any text, images, graphics, product designs, or codes (“Materials”) available on this Site for your personal, non-commercial use. This license and authorization shall not constitute a transfer of title in and to the Materials. This license does not include (a) any resale right or commercial use of the Site; (b) any collection and commercial use of any photographs or other Materials published on the Site; (c) any non-personal use of our product names, listings, descriptions; (d) any derivative use of the Site; (e) any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or (f) any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. The license granted to you automatically terminate if you do not comply with these Terms. All rights not expressly granted to you in these Terms are reserved and retained by Arden and its licensors.
USER SUBMISSIONS
The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews and photos (each, a "User Submission"). You may also submit User Submission in the other ways that you interact with us such as through social media, by email, by phone, and otherwise. You retain ownership of any intellectual property rights that you hold in that User Submission. You promise that you own all rights to your User Submission or, alternatively, that you have the right to give us the rights described above; and your that your User Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and you agree to indemnify us for all claims resulting from User Submission you supply.
CERTAIN STATE LAWS, SUCH AS NEW JERSEY, DO NOT ALLOW PROVISIONS CONCERNING THE INDEMNIFICATION OF THE SITE OWNER BY THE USER OF THE SITE UNLESS THE USER WAS NEGLIGENT OR BREACHED THE TERMS OF USE. SO IF YOU ARE A RESIDENT OF ONE OF THESE STATES, AND THESE STATE LAWS APPLY TO YOU, THESE INDEMNIFICATION PROVISIONS DO NOT APPLY TO YOU.
When you upload, post, submit, send, or receive any User Submission to or through the Site, you give us permission to reproduce and use your User Submission as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Submission works better with the Site), publicly perform, publicly display, and distribute your User Submission. This license is for the purpose of operating and improving the Site, to develop new products and services, and for other marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Submission or on pages where your User Submission may be viewed by you or others, and we may use your User Submission to advertise and promote our Products or the Site. Our license to your User Submission is non-exclusive, meaning you may use the User Submission for your own purposes or let others use your User Submission for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Submission. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site. We may refuse to accept or transmit User Submission for any reason with or without notice. We may remove User Submission from the Site for any reason with or without notice.
OUR INTELLECTUAL PROPERTY
The Site and the Materials are the sole property of Arden, its affiliates and their respective licensors and are protected by intellectual property and other applicable laws in the United States and/or abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from Arden. We are the owner and/or authorized user of any registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and Arden, its affiliates and respective licensors are the copyright owners of the Materials on the Site, unless otherwise indicated. You agree not to use, change or delete any proprietary notices form the Materials and not to use any metatags or any other "hidden text" utilizing any of our names or trademarks without our express written consent.
THIRD PARTY LINKS
For your convenience we may provide links to third party websites operated by other entities on the Site. Any other website accessed from the Site is independent from Arden, and Arden has no control over the content of that other Site. We do not make any warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that Arden sponsors, endorses, is affiliated or associated with any linked third-party websites.
INACURRACY DISCLAIMER
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Also, we do not warrant that product images, descriptions or other content is accurate, complete, reliable, current, or error-free.
IMPORTANT DISCLAIMERS & LIMITATION OF OUR LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS DISPLAYED ON THIS SITE ARE PROVIDED BY ARDEN ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARDEN DISCLAIMS ALL OTHER WARRANTIES.
ARDEN DOES NOT WARRANT THAT THE SITE AND THE COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARDEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SITE, OR THE INFORMATION, CONTENT AND MATERIALS OFFERED ON THIS SITE, UNLESS OTHERWISE SPECIFIED IN THESE TERMS OR AVAILABLE TO YOU UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ARDEN, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES AND DIRECTORS SHALL NOT BE LIABLE, UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO THE USE OF THIS SITE, ANY VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE, THE USE OF ANY INFORMATION, CONTENT, MATERIALS OR YOUR PURCHASE OF PRODUCTS OFFERED ON THIS SITE, LOSS OF DATA, PERSONNAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS OR USE OF THIS SITE.
CERTAIN STATE LAWS, SUCH AS NEW JERSEY, DO NOT ALLOW DISCLAIMERS OF WARRANTIES, LIMITATION OF LIABILITY PROVISIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES (SUCH AS PUNITIVE DAMAGES, LOSS OF DATA, AND LOSS OF OR DAMAGE TO PROPERTY). IF YOU ARE A RESIDENT OF ONE OF THESE STATES AND THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS DO NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty, and the extent of our liability, will be the minimum permitted under such law.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Arden and its affiliates and their respective employees and directors from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
CERTAIN STATE LAWS, SUCH AS NEW JERSEY, DO NOT ALLOW PROVISIONS CONCERNING THE INDEMNIFICATION OF THE SITE OWNER BY THE USER OF THE SITE/CONSUMER UNLESS THE USER WAS NEGLIGENT OR BREACHED THE TERMS OF USE. SO IF YOU ARE A RESIDENT OF ONE OF THESE STATES, AND THESE STATE LAWS APPLY TO YOU, THESE PROVISIONS DO NOT APPLY TO YOU.
APPLICABLE LAW
By visiting the Site, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Arden, provided that the Federal Arbitration Act and federal arbitration law apply to the arbitration agreement described below.
AMICABLE RESOLUTION OF DISPUTES
If you have any issues with your use of the Site or your purchase of products, you agree to first contact us so that we can try to resolve the issue amicably. You can reach us via email at contact@arden-equipment.com.
ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION LAWSUITS AND TRIAL BY A JURY
Any unresolved dispute, controversies, claims or counterclaims relating in any way to your visit or access of the Site or to our products shall be submitted to binding and final arbitration instead of court proceedings, AND YOU AND ARDEN EACH WAIVE ANY RIGHT IT MAY HAVE TO A JURY TRIAL. However, you and Arden each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this arbitration agreement.
The arbitration shall be heard and determined by a single arbitrator in Chicago, Illinois. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation applicability, enforceability, or formation of these Terms including, but not limited to, a claims that all or any part of these Terms is void or voidable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The arbitration proceeding will be limited solely to your individual dispute or controversy. Neither you nor Arden may act as a class representative or private attorney general nor participate as a member of a class of claimants. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If any provision of this arbitration agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this arbitration agreement shall be enforced to the fullest extent permissible by applicable law.
OTHER PROVISIONS
A failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. These Terms do not and are not intended to confer any right or remedies upon any person other than Arden and you. You will not assign any or your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph shall be null and void. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition.
ENTIRE AGREEMENT
These Terms, and all policies referenced therein, are the final and integrated agreement between you and Arden regarding all matters contained in these Terms and your use of the Site.
HOW TO CONTACT US
Please do not hesitate to contact us if you have any questions or need assistance! Our representatives would be happy to assist you. You may contact us via email at contact@arden-equipment.com.