Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of Nixon-Egli Equipment Co. If you do not agree to any term or condition, you should not use this site.
I. COPYRIGHT NOTICE.
The contents of all material available on this Internet site are copyrighted by Nixon-Egli Equipment Co. unless otherwise indicated. All rights are reserved by Nixon-Egli Equipment Co., and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Nixon-Egli Equipment Co., or as indicated below.
II. LIMITED LICENSE
You are granted a non-exclusive, non-transferable, revocable license to access this site and use it strictly in accordance with this agreement.
III. THIRD PARTY SITES.
Nixon-Egli Equipment Co. may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. Nixon-Egli Equipment Co. does not operate or control in any respect any information, products or services available on these third party sites and Nixon-Egli Equipment Co. is not responsible for their content. Nixon-Egli Equipment Co. makes no representations whatsoever concerning the content of these sites and the fact that Nixon-Egli Equipment Co. has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by Nixon-Egli Equipment Co. with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
There are certain risks in using any information, software, or products found on the Internet; and Nixon-Egli cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
While Nixon-Egli Equipment Co. makes every effort to present accurate and reliable information on this Web Site, Nixon-Egli Equipment Co. does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Nixon-Egli Equipment Co. does not warrant or represent that access to and use of this site or the server which makes it available will be interrupted, error-free, and free of computer viruses or other harmful components. This site may contain technical inaccuracies or typographical errors, for which Nixon-Egli Equipment Co. assumes no responsibility.
Nixon-Egli Equipment Co. assumes no responsibility for consequences resulting from the use of the information herein, (or from use of the information obtained at linked Internet addresses,) or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. Nixon-Egli Equipment Co. is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by Nixon-Egli Equipment Co. with respect to such information.
V. LIMITATION OF LIABILITY.
Nixon-Egli Equipment Co. is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall Nixon-Egli Equipment Co. be liable for any special, direct, indirect, incidental, or consequential damages, or of any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Nixon-Egli Equipment Co. Web Site. No print-out or electronic version of this site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Notwithstanding the above, in no event shall Nixon-Egli Equipment Co.'s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Nixon-Egli Equipment Co. by you in connection with the transaction claimed by you to give rise to your claim.
VI. COMMUNICATIONS AND SUBMISSIONS.
All personal data posted or transmitted to Nixon-Egli Equipment Co. over the internet, as per instruction when placing an order, logging in or registering, such as name, address and contact information, will remain confidential and private. Any communication submitted to Nixon-Egli Equipment Co. regarding products and experiences, or e-mail messages, will be treated as non-confidential and non-proprietary and will forever be the sole property of Nixon-Egli Equipment Co.. By transmitting or posting any such communication or material to this company or to this site you agree that Nixon-Egli Equipment Co. or its subsidiaries may use your communication or material for any purpose, including but not limited to reproduction, distribution, transmission, publication, broadcast, advertising or posting, and you agree that Nixon-Egli Equipment Co. or its licensees will not be liable to you for its use of any such communication or material. Nixon-Egli Equipment Co. shall be free to use or authorize the use of any ideas, concepts, know-how or techniques contained in such communication or material for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such information in perpetuity.
VII. ACCOUNT AND SECURITY
If you create an account on this site, you are responsible to maintain the confidentiality of your account and are fully responsible for all activities that occur in your account. You agree to immediately notify Nixon-Egli Equipment Co. of any unauthorized use of your password or account or any other breach of security and agree to log out at the end of each session. Nixon-Egli Equipment Co. cannot and will not be liable for any loss or damage arising from your failure to comply with this section VI. Nixon-Egli Equipment Co. maintains the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
VIII. RISK OF LOSS
All items purchased from Nixon-Egli Equipment Co. are made pursuant to a shipping contract. This means that the risk of loss and title pass to you upon our delivery to the carrier.
IX. JURISDICTION AND CHOICE-OF-LAW.
Nixon-Egli Equipment Co. operates this Web Site from its offices located in California, in the United States of America. Nixon-Egli Equipment Co. makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please contact us by phone at (909)930-1822.
XI. OPEN ACCOUNTS
Open accounts are due and payable per the terms listed in our return policy. A charge of 2% per month (24% per annum) will be levied against all accounts not paid within terms. Should legal action be necessary to effect collection of this account, debtor hereby agrees to pay all court costs and attorney's fees incurred by such actions. All terms agreed to when creating this account apply.
Nixon-Egli Equipment Co. or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. Nixon-Egli Equipment Co. may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.
This agreement constitutes the entire Agreement between you and Nixon-Egli Equipment Co. and supercedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may be modified by Nixon-Egli Equipment Co. at any time without notification at Nixon-Egli Equipment Co.'s sole discretion.
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.