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AGREEMENT BETWEEN USER AND PARTS.PROSERVCRANE.COM

Welcome to the website, ProservCrane e-quipment or parts.proservcrane.com . The parts.proservcrane website is comprised of various web pages operated by ProservCrane & Equipment, Inc. (“ProservCrane Group”). parts.proservcrane.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of parts.proservcrane.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy for your reference.

ProservCrane e-quipment is an e-commerce site that maintains and sells a massive inventory of crane and hoist parts and accessories for most brands of overhead cranes.

ELECTRONIC COMMUNICATIONS

Visiting parts.proservcrane.com or sending emails to ProservCrane e-quipment constitutes electronic communications. You consent to receive electronic communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ProservCrane is not responsible for third party access to your account that results from theft or misappropriation of your account. ProservCrane and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. ProservCrane does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use parts.proservcrane.com only with the permission of a parent or guardian.

CANCELLATION/REFUND POLICY

Cancellations must be approved by ProservCrane & Equipment, Inc., and may be subject to restocking fees and other charges. Contact Customer Service with any questions.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

parts.proservcrane.com may contain links to other websites . The Linked Sites are not under the control of ProservCrane e-quipment and ProservCrane e-quipment is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ProservCrane e-quipment is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProservCrane equipment of the site or any association with its operators.Certain services made available via parts.proservcrane.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the parts.proservcrane.com domain, you hereby acknowledge and consent that ProservCrane e-quipment has a contractual relationship to provide the requested product, service or functionality on behalf of parts.proservcrane.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use parts.proservcrane.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ProservCrane equipment that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ProservCrane Equipment, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer of sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ProservCrane e-quipment content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ProservCrane and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ProservCrane & Equipment, Inc. or our licensors except as expressly authorized by these Terms.

THIRD PARTY ACCOUNTS

You will be able to connect your ProservCrane e-quipment account to third party accounts. By connecting your ProservCrane equipment account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by ProservCrane & Equipment, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ProservCrane Content accessed through parts.proservcrane.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ProservCrane & Equipment, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ProservCrane in asserting any available defenses.

LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROSERVCRANE & EQUIPMENT, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. PROSERVCRANE & EQUIPMENT, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROSERVCRANE & EQUIPMENT, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROSERVCRANE & EQUIPMENT, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROSERVCRANE & EQUIPMENT, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOU SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Proserv Crane & Equipment, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.You agree that no joint venture, partnership, employment, or agency relationship exists between you and Proserv Crane & Equipment, Inc. as a result of this agreement or use of the Site. ProserCrane’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ProservCrane’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to go gathered by ProservCrane with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ProservCrane with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

Proserv Crane & Equipment, Inc. reserves the right, in its sole discretion, to change the Terms under which parts.proservcrane.com is offered. The most current version of the Terms will supersede all previous versions. ProservCrane encourages you to periodically review the Terms to stay informed of our updates.

PRODUCTS

ProservCrane e-quipment products are available at their Houston location. ProservCrane e-quipment cannot guarantee that the products displayed on this site will always be available at this location; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by ProservCrane & Equipment, Inc. at any time without notice. Prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States.

DISCLAIMER

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROSERVCRANE & EQUIPMENT, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT GUESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

MISCELLANEOUS

This site and the Contents therein are displayed solely for the purpose of promoting ProservCrane & Equipment, Inc. products and services. This site is controlled and operated by ProservCrane & Equipment, Inc.. from its offices in Houston, TX. ProservCrane & Equipment, Inc. reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. ProservCrane & Equipment, Inc. makes no commitment to Update this information.
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas, County of Harris and/or the Southern District of Texas.

DURATION

This Agreement remains in effect unless and until terminated by either you or ProservCrane & Equipment, Inc. You may terminate this Agreement at any time. ProservCrane & Equipment, Inc. may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in ProservCrane & Equipment, Inc. sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ProservCrane & Equipment, Inc., you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

CONTACT INFORMATION

If you have any questions about these terms, the practices of this site, or your dealings with ProservCrane e-quipment, you can contact us.
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