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the BrooksEquipment.com® Web site Terms of Access. All access
to and use of this Web site is governed by these terms. Entering
into this Web site indicates that you have reviewed the Web
site Terms of Access and have agreed to be bound by these terms.
DISCLAIMER
All information provided on this Web site is subject to change
without notice. While efforts have been made to make this
Web site helpful and accurate, due to the open nature of this
Web site, and the potential for errors in the storage and
transmission of digital information, BrooksEquipment.com does
not warrant the accuracy of information obtained from this
Web site. ALL MATERIALS POSTED ON THIS SITE ARE "AS IS"
AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. BrooksEquipment.com
DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. BrooksEquipment.com
DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL
BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. BrooksEquipment.com DOES NOT WARRANT OR
REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ACCESS AND USE OF INFORMATION
Access to this Web site is limited to viewing the linked Web
pages solely for legitimate business purposes to access the
information provided by BrooksEquipment.com at this Web site.
Any access or attempt to access other areas of the BrooksEquipment.com
computer system or other information contained on the system
for any purposes is strictly prohibited. You may not use any
information contained on this Web site other than in connection
with a legitimate business purpose.
CROSS REFERENCE INFORMATION
Product cross-reference comparisons do not imply that all
products compared are available, or in the case of functional
equivalency, that performance and other characteristics are
perfectly comparable. For critical applications, review specifications
prior to purchase.
TRADEMARKS
This Web site contains many BrooksEquipment.com and third-party
trademarks and service marks. All marks are the property of
their respective companies. All rights in the intellectual
property contained in this Web site including copyright, trademarks,
trade secret and patent rights are reserved. Access to this
Web site does not constitute a right to copy or use any of
the intellectual property of BrooksEquipment.com or its suppliers.
Statutory notice contained herein represents trademark status
in the United States.
HYPERTEXT LINKS
This Site may be linked to other sites which are not maintained
by BrooksEquipment.com. BrooksEquipment.com is not responsible
for the content of those sites. The inclusion of any link
to such sites does not imply endorsement, sponsorship, or
recommendation by BrooksEquipment.com of the sites. BrooksEquipment.com
disclaims any liability for links: (i) from another Web site
to BrooksEquipment.com; and (ii) to another Web site from
BrooksEquipment.com. In order to link to BrooksEquipment.com
all users must comply with Brooks Equipment Linking Terms.
COPYRIGHT
All materials contained on this Site are subject to the ownership
rights of BrooksEquipment.com and its Supplier Partners. BrooksEquipment.com
hereby authorizes you to make a single copy of the content
herein for your use in learning about, evaluating, or acquiring
BrooksEquipment.com services or products. You agree that any
copy made must include BrooksEquipment.com copyright notice.
No other permission is granted to you to print, copy, reproduce,
distribute, transmit, upload, download, store, display in
public, alter, or modify the content contained on this Site.
SUBMISSIONS
All remarks, suggestions, ideas, graphics or other information
communicated to BrooksEquipment.com through this Site will
forever be the property of BrooksEquipment.com. Unless otherwise
specified in writing, all material submitted to BrooksEquipment.com
will be presumed to be public and BrooksEquipment.com will
not be required to treat the information as confidential.
BrooksEquipment.com shall have exclusive ownership of all
present and future existing rights in the information, without
compensation to the person sending the information.
THE INFORMATION WE COLLECT
BrooksEquipment.com may collect various types of information
from Site Visitors. BrooksEquipment.com will collect transactional
information from companies that purchase products from our
Site. The information collected may include shipping information
and credit card number/expiration date. BrooksEquipment.com
Web server also collects general data pertaining to every
Site Visitor, including the IP address, the domain name, the
Web page, the length of time spent on the Site, and the pages
accessed while visiting the Site. This information is collected
to, among other things, aggregate statistical information,
facilitate system administration, and improve the content
of the Site. BrooksEquipment.com may also retain the content
of the communications that are sent to BrooksEquipment.com
customer service representatives. This information helps BrooksEquipment.com
to improve/respond to Visitors' inquiries regarding the Site.
SECURITY
BrooksEquipment.com places the utmost importance on protecting
information transmitted via the Site and will take security
precautions to protect all such information; however, BrooksEquipment.com
cannot guarantee that any electronic commerce is totally secure.
BrooksEquipment.com will take measures to secure and protect
all customer-specific information from loss, misuse, and alteration.
USE OF THE INFORMATION COLLECTED
BrooksEquipment.com uses the information that is collected
from the Site to, among other things, better serve its customers.
BrooksEquipment.com may also use the information collected
to notify Site Visitors of changes to the Site, to notify
Site Visitors of new products made available via the Site,
and for any other legitimate and lawful business purpose of
BrooksEquipment.com.
BrooksEquipment.com may choose to exchange information with
third parties; however, Site Visitors can prevent the exchange
of such information by sending an e-mail to sales@brooksequipment.com,
from each e-mail address that the Site Visitor has used to
access either of the Site.
UNSUBSCRIBING AND OPTING OUT
Site Visitors can unsubscribe from receiving e-mail advertisements
from BrooksEquipment.com simply by sending a request indicating
such desire to sales@brooksequipment.com or BrooksEquipment.com
Customer Service, 10926 David Taylor Drive, Suite 300, Charlotte,
NC 28262. A request to unsubscribe or to opt out must be sent
to BrooksEquipment.com for each e-mail address to which the
request pertains.
TERMS OF PURCHASE
The Terms of Purchase contain BrooksEquipment.com's conditions
of sale. Placement of an order shall be deemed acceptance
of the Terms of Purchase.
UPDATES TO TERMS
BrooksEquipment.com reserves the right to modify or amend
its Terms of Access at any time, and from time to time. Any
changes to the policy will be posted on the Site.
FOREIGN CORRUPT PRACTICES ACT
Purchaser acknowledges that it is not the agent of BrooksEquipment.com
and represents and warrants that it has not and convenants
that it will not pay anything of value to any government employee
in connection with the resale of the products.
GOVERNING LAW; LIMITATIONS
These Terms and Conditions shall be construed, interpreted
and performed exclusively according to the, excluding conflict
of law rules, of the State of North Carolina, United States
of America. Any legal action with respect to any transaction
must be commenced within one year after the cause of action
has arisen. The provisions of the Uniform Commercial Code
as adopted by the State of North Carolina, and not the United
Nations Convention on Contracts for the International Sale
of Goods, shall apply.
DISPUTE RESOLUTION
Actions by BrooksEquipment.com for nonpayment by the Purchaser
of the purchase price of products sold by BrooksEquipment.com,
or for redress of other breaches by the Purchaser of the Terms
and Conditions of Sale, may be brought by BrooksEquipment.com,
at its option, before any judicial court of competent jurisdiction.
At BrooksEquipment.com option, disputes between the Purchaser
and BrooksEquipment.com, including all claims for non-performance
by BrooksEquipment.com, shall be finally settled by arbitration
in Charlotte, North Carolina, USA, under the Rules of the
American Arbitration Association, which Rules with respect
to matters not regulated by them shall incorporate the UNCITRAL
arbitration rules by one or more arbitrators appointed in
accordance with said Rules applying these Terms and Conditions
and consistent provisions of the internal laws (except conflict
of law rules) of the State of North Carolina, USA.
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