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Terms
of Use
By entering this web site, you agree to all the conditions
of visiting this website. As a visitor, you are not to collect
email addresses for the purposes of spamming or solicitation,
other than the legitimate purpose of contacting a truck seller
to possibly buy a truck. As a seller, you agree to not use profanity
in your truck listing, and you agree we may edit your Additional
Description box for that reason and for clarity and grammar. You
also agree that we may omit or delete any photos that may be considered
offensive, for any reason. We reserve the right to refuse to accept
your ad or to cancel your ad at any time should you fail to follow
the conditions of this website. You agree to use common sense
and good judgment when showing and selling your truck to a potential
buyer and in collecting payment, and agree not to hold ToolTrucks.com
responsible in any way for anything that occurs. As a potential
buyer, you agree that the trucks on ToolTrucks.com are not owned
by ToolTrucks.com or the owners of the website unless specifically
noted, and regardless of ownership, agree not to hold ToolTrucks.com
responsible, financially or otherwise, for any omissions, misrepresentations,
or errors of any kind. We are also not responsible for any spam
or junk email you may receive as a result of providing us with
your contact information or for visiting this site. If you do
not agree with the Terms of Use, do not visit or use this site
to buy or sell a truck or product listed.
Visitors Agreement
Welcome to the website of ToolTrucks.com. Use of this
website is offered to you on your acceptance of our Privacy Policy
and our Visitors Agreement. Please read this agreement carefully.
If you do not agree to be bound by and comply with this Visitors
Agreement, you are not authorized to access or use our information,
services, or website. You should visit the Visitors Agreement
periodically to review this information, because it is binding
on you.
1. General Provisions
ToolTrucks.com respects your privacy. Please take a moment
to review our privacy policy.
ToolTrucks.com reserves the right to change this agreement
at any time by revising the terms and conditions herein. Visitors
are responsible for regularly reviewing these terms and conditions.
Continued use of this Tooltrucks.com website following any such
changes shall constitute the visitor's acceptance of such changes.
ToolTrucks.com may change, restrict access to, suspend, or discontinue
this website, or any portion of this website, at any time.
The information and material that appears on ToolTrucks.com
is for informational purposes only. Visitors acknowledge that
any reliance upon any such material shall be at their sole risk.
Visitors release and discharge this website and its information
and affiliates from any claim or potential claim, related to such
information and material, and acknowledge that this website neither
controls, nor is responsible for the accuracy of said information
or material.
Errors may appear from time to time. Before purchasing
a vehicle you've read about on ToolTrucks.com, you should confirm
with the seller or vendor any information that is important to
your purchasing decision. ToolTrucks.com is not responsible for,
and does not guarantee the performance of, any such vehicle. ToolTrucks.com
and its affiliates disclaim any knowledge or responsibility for
the accuracy of the information and material contained on this
website.
The ToolTrucks.com website is offered to the visitor
conditioned on the visitor's acceptance without modification of
the terms, conditions, and notices contained herein. By accessing
and using this ToolTrucks.com website, the visitor is deemed to
have agreed to all such terms, conditions, and notices.
If you find any material on our site that you believe
to be inaccurate, please forward a copy of the material to mrwebmaster@ToolTrucks.com
along with an explanation of the inaccuracy.
2. Links to Other Sites
For your convenience and for informational purposes,
we make available a variety of links to other websites that we
don't operate where you can obtain related products and services,
including but not limited to vehicles, vehicle components, insurance,
warranties, truck equipment and accessories, financing and inspection
services. Even though we encourage you to visit such websites,
we cannot guarantee the prices, terms, quality, reliability or
performance of the products or services provided by these vendors.
ToolTrucks.com is not responsible for the products or services
these vendors provide, or the claims these vendors make. You release
ToolTrucks.com from any damages that you may incur, and agree
not to assert any claims against ToolTrucks.com arising from your
purchase or use of third-party supplied products and services.
For your convenience, we may make available links to
websites operated by tool truck dealers that list their vehicles
in our online classifieds. We are not responsible for any of the
content that appears on these sites, including, without limitation,
promotional contests and sweepstakes offers. We do not co-sponsor,
operate, endorse or guarantee any advertiser sweepstakes or contest
offer that may be promoted from time to time on our site, or that
may be accessible through a link from our site, and you release
ToolTrucks.com and its affiliates from any damages that you may
incur, and agree not to assert any claims against them, arising
from your entry, participation or acceptance of any prize in any
such sweepstakes or contest offer.
3. Buying and Selling Vehicles or Merchandise
ToolTrucks.com is a classified listing service that brings
together buyers and sellers of tool trucks, other vehicles, and
parts. ToolTrucks.com is not generally a party to any transaction
between visitor and seller. ToolTrucks.com also sells specially
selected automotive-related items in the Parts Store section.
Unless otherwise noted, information about a particular vehicle
and/or parts is supplied by the seller and not by ToolTrucks.com.
Information about a particular product in the Parts Store section
is supplied by ToolTrucks.com. The price and terms of any vehicle
offered for sale remain subject to direct negotiation between
the buyer and the seller. Prices listed by sellers on ToolTrucks.com
may exclude sales tax, finance charges, title, license, regulatory,
dealer documentary, emission testing, registration fees, compliance
fees, and other related charges, any or all of which may be added
to the listed price to arrive at the final sale price of a particular
vehicle or product. We cannot verify the information seller’s
supply or guarantee the vehicle they offer. We cannot assure the
seller of a vehicle that the check he/she receives from the buyer
is valid. We urge you to use common sense and good judgment in
all transactions and when responding to any classified ad on ToolTrucks.com.
When you offer a vehicle for sale through ToolTrucks.com,
you agree you are prepared to sell that vehicle at the price and
terms at which you have listed it, and you must have the ability
to transfer title or ownership. Sellers are required to provide
certain identifying and contact information to list a vehicle.
The information must accurately identify the seller and the method
of contact must permit buyers to communicate directly with the
seller. You may not use our website to promote, without our prior
written permission, any other website, product or service. You
may not place a link to a website, other than for the purpose
of displaying vehicle photographs, in your ad listing. Sell Your
Truck Ad listings are available to sellers who want to list their
vehicle for sale. ToolTrucks.com reserves the right to deny use
of this website to anyone who does not comply with these requirements
or who otherwise uses our website in a manner we consider inappropriate,
at our sole discretion.
Responsibility for the information contained in vehicle
listings lies with each seller. The seller alone is responsible
for material posted and for the content of all email messages
transmitted. Inaccurate or misleading information will erode confidence
in website visitors. We expect that all sellers will, in all respects,
treat ToolTrucks.com users fairly and honestly. Each seller indemnifies
and holds ToolTrucks.com and it’s affiliates harmless from
any claim, liability, or expense, to include attorney’s
fees, which is incurred by this website as a result of any inaccurate
information furnished by sellers, or any act of omission of seller.
Other than editing and facilitating the initial placement
of the vehicle ad, we cannot monitor every transaction that originates
on ToolTrucks.com. We may perform random quality assurance tests
to confirm that those who offer vehicles for sale over ToolTrucks.com
are prepared to sell the vehicle they advertise at the prices
at which, and the terms on which, they advertise them. By using
our Sell Your Truck Ad service, you as the seller agree to cooperate
in these random quality assurance tests. If our tests reveal,
or we otherwise learn, that a seller is engaging in "bait
and switch" or other unfair or deceptive practices, ToolTrucks.com
reserves the right to deny that seller use of the Place an Ad
Now service.
You agree that by placing an ad listing on ToolTrucks.com,
you grant a license to Tooltrucks.com on a non-exclusive basis,
to all copyrights and other ownership rights in the listing, including
the right to publish, reproduce, display, adapt, transmit, or
produce derivative works in any medium, including any digital
electronic medium. All photos submitted become the property of
ToolTrucks.com.
Although ToolTrucks.com cannot monitor all the listings
posted to our website, we reserve the right to delete, move, or
edit any listings or other postings that come to our attention
that we consider unacceptable or inappropriate, whether for legal
or other reasons. By using ToolTrucks.com you agree not to post
or transmit any defamatory, abusive, obscene, threatening, misleading,
or illegal material, or any other material that infringes on the
rights of others or interferes with the ability of others to enjoy
ToolTrucks.com. We retain the right to deny access to anyone who
we believe has violated these terms or any other term of this
agreement. We will not, in the ordinary course of business, review
the content of private electronic messages that are not addressed
to ToolTrucks.com. However, we may occasionally release information
concerning such communications when release is appropriate to
comply with law (including disclosure in response to a request
from a law enforcement agency), to enforce our Visitor Agreement,
or to protect the rights, property or safety of visitors to our
site, our advertisers, the public or ToolTrucks.com.
By submitting a listing through our Sell Your Truck Ad
service, you agree to pay in advance the fees specified for the
listing package you select, regardless of whether your vehicle
sells as a result of the listing. Use care inputting your listing
information; listing fees are generally not refundable, even if
you provide erroneous information or fail to sell your vehicle.
In order to earn and retain the confidence of our users in the
timeliness of the classified listings on ToolTrucks.com, we reserve
the right to periodically, at minimum 30-day intervals, query
our classified listers as to the status of their vehicle sale
and remove any such vehicles that are sold. We also reserve the
right to remove your ad from Tooltrucks.com should you fail to
respond to our email inquiry in a timely manner regarding the
sale of your vehicle. Should your potential sale fail to close
and your vehicle is unsold, we are under no obligation to re-list
your vehicle for no additional compensation. We may choose to
do so but it is at our sole discretion.
Placing an ad to sell a truck or parts does not guarantee
in any way that your truck or parts will be successfully sold.
There are no refunds once an ad is placed and payment made.
New products sold on ToolTrucks.com in the Parts Store
are returnable for full refund less shipping charges for any reason
within (30) thirty days of initial shipment date. Products sold
by listers in the Customer Classifieds section are sold by the
lister/seller and not by ToolTrucks.com unless specifically noted
and because there will not be a refund by ToolTrucks.com for any
item it does not sell, we urge buyers to use common sense and
resolve all issues with the lister/seller prior to payment being
made.
4. Ownership and Permissions
ToolTrucks.com is made available for your personal, non-commercial
use only. The materials on this site are the property of ToolTrucks.com,
and are protected by U.S. copyright laws, other copyright laws,
and international conventions. Except as explicitly provided in
this agreement, you may not distribute, transmit, display, reproduce,
modify, create derivative works from, or otherwise exploit, any
of the materials on this site. You may display and print a single
copy of any page on the site for your personal, non-commercial
use, but you may not otherwise reproduce any material appearing
on this site without the prior written consent of the owner. You
may not store any significant portion of, nor distribute copies
of, materials found on this site, in any form (including electronic
form), without prior written permission from the owner. Requests
for permission to reproduce or distribute materials found on ToolTrucks.com
should be sent to our Webmaster, ToolTrucks.com, PO Box 490682,
Lawrenceville, GA 30049 or to mrwebmaster@ToolTrucks.com.
You are free to establish a hypertext link to this site
so long as the link does not state or imply any endorsement or
sponsorship of you, your company, or your site by ToolTrucks.com.
However, without the prior written permission of ToolTrucks.com,
you may not frame any of the content of ToolTrucks.com, nor incorporate
into another website or other service any intellectual property
of ToolTrucks.com or its licensors. Requests for permission to
frame our content may be sent to our webmaster, either by email
or at the address above.
ToolTrucks.com and the ToolTrucks.com logo are owned
and used by ToolTrucks.com. The names of other products and services
referred to on the site, including tool company names and logos,
may be the trademarks of their respective owners. You may not
use any trademark or service mark appearing on ToolTrucks.com
without the prior written consent of the owner of the mark.
5. Trademarks
You will not use ToolTrucks.com to violate the copyright,
trademark, or other intellectual property rights of any person
or other entity. By submitting material to ToolTrucks.com, you
are representing that you are the owner of the vehicle, or are
making your submission with the explicit consent of the owner.
By submitting material to ToolTrucks.com you are permanently granting
ToolTrucks.com all rights to the material, including the right
to modify the material, to use it commercially, and to maintain
the material in an archive.
6. Disclaimer of Warranties and Limitation of Liability
If you rely on this website or any information, product
or service available through this website, you do so at your own
risk. You understand that the website may not be accessible from
time to time for routine maintenance or due to events beyond our
control. You understand that there may be delays, omissions, interruptions,
inaccuracies, and/or other problems with the information, products,
and services published on or promoted over this site. This website
is provided to you "as is." ToolTrucks.com and its agents
and licensors, cannot and do not warrant the accuracy, completeness,
noninfringement, merchantability or fitness for a particular purpose
of the information available through this website (or any information,
goods or services that are referred to, advertised or promoted
on, or sold through this website), nor do we make any representations
as to it’s correctness. We or they do not guarantee that
the website will be error free, or continuously available, or
that the website will be free of viruses or other harmful components.
Under no circumstances will ToolTrucks.com, agents or
licensors be liable to you or anyone else for any damages arising
out of your use of this website or any product or service linked
to from or advertised or promoted on this website, including,
without limitation, consequential, special, incidental, indirect,
punitive, exemplary, or other damages of any kind (including lost
revenues or profits, loss of business or loss of data), even if
we are advised beforehand of the possibility of such damages.
If as a visitor using this website you are dissatisfied with any
ToolTrucks.com information or other materials, or with any of
the terms and conditions contained in the Tooltrucks.com website,
the sole and exclusive remedy is to discontinue using ToolTrucks.com.
You agree that if ToolTrucks.com or any of its third-party providers,
agents, and licensors are found liable in connection with a legal
claim arising out of or otherwise related to the services or the
information of this website, their aggregate liability in such
an event shall not exceed the amount of the fees paid by you for
use of the service during the month in which the event giving
rise to the liability allegedly occurred.
ToolTrucks.com is a Venue
Tooltrucks.com is not a seller of trucks or an Auctioneer.
It is important to realize that we are not a traditional truck
dealer or auctioneer. Instead, the Site acts as a venue to allow
anyone to offer, sell, and buy used tool trucks, at anytime, from
anywhere, in a variety of pricing formats, including negotiations
directly with the seller or a written offer to buy format. We
are not involved in the actual transaction between buyers and
sellers. As a result, we have no control over the quality, safety
or legality of the items advertised the truth or accuracy of the
listings, the ability of sellers to sell items or the ability
of buyers to pay for items. We cannot ensure that a buyer or seller
will actually complete a transaction. Consequently, we do not
transfer legal ownership of items from the seller to the buyer.
7. Miscellaneous
No spamming. Potential tool truck buyers visiting ToolTrucks.com
must feel confident in sharing their email address. You agree
not to gather any e-mail addresses through ToolTrucks.com for
purposes of spamming. When you list a vehicle for sale on this
site, you agree to use the email addresses of those responding
to your listing only for purposes of communicating with them about
the potential sale of that vehicle. By using this website, you
agree not to use information concerning other users of ToolTrucks.com,
or the vehicles they've listed or searched for on this website
(including listing information, user names, email addresses, telephone
numbers, and/or other information), for any purpose other than
to explore the potential purchase or sale of a listed vehicle.
This Visitor Agreement has been made in, and will be
construed in accordance with the laws of, the state of Georgia.
By using this website, in the event you seek to seek legal recourse
against this website or its affiliates, you consent to the exclusive
jurisdiction and venue of the state courts in Gwinnett County,
GA in all disputes arising out of or relating to this Agreement
or use of this website. Use of the ToolTrucks.com website is unauthorized
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this
paragraph.
Please read this sentence carefully: by using this service,
you agree to abide by the terms of this visitor agreement. |
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