These terms and conditions of EMC, Equipment Management Company, are for the customers who have a hosted site (home page) or negotiated agreement (Customer Agreement) with EMC. These terms and conditions go into effect November 1, 2004.
Please review these terms and agreement completely. EMC's Customer Agreement ("Customer Agreement") rules the terms and conditions of this website and company operations for its utilization by you ("you" or "Customer") provided by EMC ("EMC").
- "EMC" is a gateway to the rental and sales industry, acting as a comprehensive equipment management service while hosting online sites on the Internet (World Wide Web) ("Service") and may provide customers with the following: (I) right to use "EMC" site software ("Software") to assist in the design and maintenance of customer sites for the rental or sale of products; (ii) for "Customer" to list such sites on the EMC sale or rental directory on "EMC" website at www.equipmentmanagement.com; and (iii) for "Customer" to list such products in "EMC" product directory at www.equipmentmanagement.com ; and (iv) permit "Customer" access to "EMC" product applications and rental/sale training software.
- Customer Registration
- "Customer" must be 18 years or older to register for "EMC" rental/sales services. By accepting "EMC" "Agreement" you comply and indicate that you meet this age requirement.
- As "Customer" you agree to provide "EMC" with complete and accurate billing information to include legal names, addresses, and telephone numbers. Any changes in billing information must be submitted to "EMC" within 30 days of changes.
- Customer Information
- "EMC" maintains all information about any "Customer" on "EMC" website services and servers. This information includes, but is not limited to the "Customer" account information, "Customer" order and sales information, site visits and statistical information ("Customer" compiled data). "Customer" does agree that "EMC" may use "Customer" information in its collective form for marketing or other promotional purposes.
- Customer Privacy
- "Customer" shall receive a password from "EMC" to have access to the "EMC" website for utilizing its services. "Customer" is totally responsible for all activities which transpire under "Customer" account and password. "Customer" does agree to keep its password completely confidential and not to allow any other person or company to utilize its account. "Customer" agrees to contact "EMC" immediately if "Customer" has any reason to suspect that the security of its account or "agreement" has been compromised.
- "EMC" reserves the right to reveal any "Customer" information or other pertinent information in its possession in cooperation with a request or investigation by a government body or agency.
- What is this heading?
- "Customer" may ask for and obtain assistance with any technical difficulty which may arise relating to the "Customer" use of the "EMC" services by contacting promptly to email@example.com. "EMC" reserves the right to establish any limitations on the amount of support and the hours for which it is available.
- "Customer" is responsible for obtaining and maintaining all telephone numbers, computer hardware and other equipment needed for "Customer" to access and use of "EMC" service and "Customer" shall be responsible for all charges related to such.
- Prohibition of publication and copying of certain material
- "Customer" shall not knowingly or unknowingly provide to "EMC" for publication any of material which includes pictures, links, unauthorized for web use.
- any material which violates any copyright or trademark infringement, trade or industry secret, patent, legal, common law or other proprietary rights of others;
- Any materials that are libelous, slanderous, contains anything obscene or pornographic or that advertises hard liquor or tobacco products.
- Any violation of the above conditions will result in immediate termination of "Customer" account. Due to the public viewing and nature of the Internet, all material and information provided by "Customer" for publication will be considered publicly viewed and accessible. "EMC" does not pre-screen "Customer" material provided for publication. "EMC" internet or hard-copy publication provided by "Customer" does not create any express or implied approval by "EMC" of such submitted materials, nor does it indicate that such submitted material complies with the terms and conditions of this "Agreement".
- Compliance with the Law
- "Customer" will use the "EMC" services in a manner which is consistent with all applicable local, state, and federal laws and regulations.
- Written prices available on price sheet, per customer request also,
- For current prices for "EMC" service telephone EMC office at 615-662-1377 or email at Patdavis@equipmentmanagement.com
- All said prices are payable to "EMC" in United States Dollars and shall be charged on the 1st day of each month to the credit card number provided to "EMC" at the time of application and registration or to such other credit card number which "Customer" shall provide at point of service.
- Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will be accrued daily on any unpaid balance which is more than 30 days old.
- "Customer" agrees to pay all sales and usage taxes, duties, or levies which are required by law as well as all attorney and collection fees which may arise from efforts to collect on any unpaid balance or debt on your account.
- If "Customer" believes that "EMC" has billed in error, "Customer" must notify "EMC" within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
- This "Agreement" will begin on the Effective Date or upon the first use of the "EMC" service though your account, whichever is first. If "Customer" is a current "EMC" client when this "Agreement" is activated, your continued use of the Service constitutes "Customer" acceptance of this "Agreement".
- Termination of "Agreement"
- "Customer" may change or cancel its "EMC" account at any time by the following methods: Telephone EMC office at 615-662-1377, email to Billing@equipmentmanagement.com, or mail 1st class, registered receipt requested addressed to "EMC",
- "EMC" may terminate this "Agreement" at any time without cause upon 30 days prior notice: or, immediately upon receipt if you, or any other person who has access to the "EMC" service through "Customer" account, commit a material breach of this "Agreement", including but not limited to a failure to pay any charges within 60 days of the date the charges accrue.
- Upon termination of the services, "EMC" reserves the right to delete from its website and servers any and all information contained in the "Customer" account, including but not limited to order information, mailing lists, any web sites or web pages as generated by "EMC" software.
- Termination of this "Agreement" does not release "Customer" from the obligation to pay all accrued charges under this "Agreement".
- Licenses and Rights
- "EMC" hereby grants "Customer" a non-exclusive, non-transferable license to use the "EMC" website, services, and software in code form only on a server controlled by "EMC" for the sole purpose of accessing, creating, and maintaining "Customer" website and web pages on such said server. "Customer" is not being authorized any right to copy the "EMC" services, website, or software or to use it on computers other than a server controlled by "EMC". "Customer" may not use "EMC" web pages or parts of web pages generated by means of the "EMC" software, other than content that originates from and is proprietary to "Customer", on any server other than the servers controlled by "EMC" without "EMC" express written agreement. "Customer" also acknowledges and agrees that the software is intended for access and use by means of web browsing software, and that "EMC" does not commit to support any particular browsing platform. "EMC" reserves the right at any time to revise, edit, and modify the software, release subsequent versions of it and to alter features, specifications, capabilities, functions, and other characteristics of the "EMC website and software, without notice to "Customer"> If any revision or modification to the website or software materially changes "Customer" ability to perform business, "Customer" sole remedy is to terminate this "Agreement".
- "Customer" does acknowledge and agree that content available from "EMC" or the services, including to but not limited to text, software, music, sounds, logos, photographs, graphics, trademarks, service marks, video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 11.1 of this "Agreement".
- "Customer"agrees that by using the "EMC" services and website, "Customer" grants "EMC" and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under "Customer" copyrights and other intellectual property rights, if any, in all material and content displayed in "Customer" web page to use, distribute, display, reproduce, and design derivative works from such material in any and all media and display in any manner and on any "EMC" property the results of search queries and comparisons provided on "EMC", including, without limitation, searches conducted on "EMC" services. "Customer" also grants "EMC" the right to maintain such content on "EMC" servers and website during term of the "Agreement" and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal usage.
- "Customer" shall not attempt to gain unauthorized access to any servers by "EMC".
- Disclaimer of Warranties and Liabilities
- The "EMC" services and software are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of being partnered, fitness for a particular purpose or non-infringement. Neither this "Agreement" or any documentation furnished under it is intended to express or imply any warranty that the services will be uninterrupted, timely or error-free or that the software will provide uninterrupted, timely or error free service. The security mechanism incorporated in the software has inherent limitations and "Customer" must determine that the "EMC" software adequately meets its requirements. "Customer" acknowledges and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at its own discretion and risk and that "Customer" will be solely responsible for any damages to its computer system or loss of data that results from the download of such material and/or data. "EMC", and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if "EMC" is aware of the risk of such damages, that result in any way from "Customer" use or inability to use the services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the services or the software. "EMC" liability to "Customer" shall not, for any reason, exceed the aggregate payments actually made by "Customer" to "EMC" over the course of the existing term. Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above exclusions may not apply to you.
- Non-resale or Assignment of Services
- "Customer" aggress not to resell or assign or otherwise transfer its rights, privileges, or obligations under this "Agreement" without the express written authorization of "EMC".
- "Customer" agrees to defend, indemnify, and hold "EMC" and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees related to or arising from any violation of this "Agreement" by "Customer" or those who access the "EMC" service or website through "Customer" account, and the use of the "EMC" services or the Internet and the placement or transmissions of any message, information, software, or other materials on the "EMC" website or the internet by "Customer" or by those who have access to the "EMC" service through "Customer" account.
- Any notices or communications to EMC under this "Agreement" shall be electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed at the following: PatDavis@equipmentmanagement.com
If to "Customer" such notification shall be addressed to the electronic or mailing address of specified when "Customer" opens an account with "EMC", or such other address as either party may give the other by notice as provided above.
- "EMC" reserves the right, in it sole discretion, to change, alter, or modify, add or remove all or part of this "Agreement" at any time. "Customer" will receive notice of such changes and/or modification pursuant to Section 15 regarding notices.