Last updated: June 13, 2023. This Privacy & Cookies Policy is effective immediately for users accessing or using the Service.
This Privacy & Cookies Policy clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") when you access our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts), social media profiles and mobile applications (collectively, the "Service"). You must agree to our Privacy & Cookies Policy in full to use our Service.
We are Equipment Radar LLC ("we", "our", "us") of 777 Brickell Ave Suite 500, Miami FL 33131, United States. We operate to the highest standards when protecting your data and respecting your privacy. If you have any questions about your personal information, or how we use it, you can contact us via email at [email protected].
We are the data "controller", which means we are responsible for deciding how and why your personal information is used. We are responsible for making sure it is kept safe, secure and handled legally.
You can contact our Data Protection Officer by emailing [email protected], or by writing to:
Equipment Radar Data Compliance
777 Brickell Ave Suite 500
Miami, FL 33131
We reserve the right, at our sole discretion, to change, modify, or alter the Privacy & Cookies Policy at any time. Such changes shall become effective immediately upon the posting thereof. The most current version of the Privacy & Cookies Policy is accessible at all times via a link in the Site footer. By using the Site you agree to review the Privacy & Cookies Policy on a regular basis to keep yourself updated and aware of any changes.
Certain cookies may be affiliated with third-party advertising services.
The English version of the Privacy & Cookies Policy governs your relationship with Equipment Radar, and any inconsistencies among the different versions will be resolved in favor of the English version available here.
Our Headquarters is in the United States, and we have voluntarily committed to the following Data Protection Laws and apply the most stringent provisions to how we process, handle and store personal data.
It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
We use third-party advertising and affiliate links on this website. That means that when you buy a service or product using one of my affiliate links we will get a referral commission.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
No special categories data are processed.
We use automated content filtering to protect our users and community. Our systems are designed to proactively filter potentially harmful materials and spam.
Our website is not intended for children and we do not knowingly collect data relating to children. If you become aware that a child has provided us with Personal Data, please contact us and we take the necessary steps to remove that information from our server.
Visitors, registered members, business partners, and general users of the Service (collectively as "users").
In accordance with Art. 13 GDPR the following informs you about the legal basis of us processing your data and unless the legal basis is not specifically mentioned, the following applies:
You have a number of 'Data Subject Rights' below is some information on what they are and how you can exercise them, including:
The above rights may be limited in some circumstances, for example, if fulfilling your request would reveal personal information about another person, if you ask us to delete information which we are required to have by law, or if we have compelling legitimate interests to keep it. We will let you know if that is the case and will then only use your information for these purposes. You may also be unable to continue using our services if you want us to stop processing your personal information.
We encourage you to get in touch if you have any concerns with how we collect or use your personal information.
We may share your information with organizations that help us provide the services described in this policy and who may process such data on our behalf and in accordance with this policy, to support this website and our services. This will only be done on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, in accordance with Art. 6 para. 1 lit. b GDPR).
Also, if you have consented to it, or where there we have a legal obligation to do so or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to perform our contractual obligations, administrative tasks and duties efficiently and effectively).
If we commission third parties to process data on the basis of a so-called "processing agreement", this is done on the basis of Art. 28 GDPR.
In relation to information obtained about you from your use of our website, we may share a cookie identifier and IP data with analytic and advertising network services providers to assist us in the improvement and optimization of our website which is subject to our below Cookies Policy.
We may also disclose information in other circumstances such as when you agree to it or if the law, a Court order, a legal obligation or regulatory authority ask us to. If the purpose is the prevention of fraud or crime or if it is necessary to protect and defend our right, property or personal safety of our staff, the website and its users.
Our main operations are based in United States and your personal information is generally processed, stored and used within United States, and other countries in the European Economic Area (EEA). In some instances, your personal information may be processed outside the United States and the EEA. Aspects of our business are outside of the United States and EEA, and we may store data on servers in other global regions. If and when this is the case we take steps to ensure there is an appropriate level of security so your personal information is protected in the same way as if it was being used within the United States and the EEA.
Where we need to transfer your data outside United States or EEA we will use one of the following safeguards as set out in (Art. 44 ff. GDPR):
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, the data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. If the data is not deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
We protect your data using technical and physical safeguards, and we use a firm system of policies, confidentiality agreements, digital safeguards and procedures to ensure the highest level of administrative protection.
In more detail to access our database the user must be authorized and use a secure network. We use up-to-date firewall protection and provisions to prevent intrusion and unauthorized access. Moreover, authorized personnel accessing the information must have a legitimate need to know interest such as being your point of contact or service your user account.
The data we collect from you may be stored, with appropriate technical and organizational security measures applied to it, on our Amazon Web Services, Digital Ocean and Equipment Radar onsite servers. In all cases, we follow generally high data protection standards and advanced security measures to protect the personal data submitted to us, both during transmission and once we receive it.
To exercise any of your rights, or if you have any questions or complaints about our use of your Personal Data and this policy, please contact us using our contact form.
In order to run our business economically, to identify market trends, customer and user wishes, we analyze the data available to us on business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. GDPR, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the Service. The analyses are carried out for the purposes of business management evaluations, marketing and market research.
In doing so, we may take into account the profiles of registered users with details, for example, of their purchasing intentions and transactions. The analyses serve us to increase user-friendliness, to optimise our offer and business efficiency and are not disclosed externally, unless they are anonymous analyses with summarized values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
Sources and Categories of collected personal information
(you can find all sources and categories of collected personal information above)
Business or commercial purpose for collecting information
(you can find all purposes of processing personal information above)
Categories of third parties with whom the business shares personal information
(you can find all categories of recipients of personal information listed above)
In addition to the rights as explained, under California's “Shine the Light” law, California residents who provide personal information (as defined in the statute) to obtain products or services are entitled to request and obtain from us, once per calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediate prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain the information about data we hold about you or to effect the opt out, please contact us.
We do not sell information that directly identifies you, like your name, address, banking information, or phone records. We do provide the option for you to share information about yourself and your business, if applicable. This information can be presented publicly on your profile page, your business profile page, content you create, or listings you publish. You can choose whether you want personal information shared or not. Remember, we do not sell data that directly identifies you unless we have your explicit permission, no matter what choice you make. To make your choices please contact us.
From time to time we may use the personal information we collect from you to identify particular products offers which we believe may be of interest to you. We may contact you to let you know about these products and services and how they may benefit you.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or relationship with us.
Direct Marketing from generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by Equipment Radar LLC, or by our contracted service providers. Every directly addressed marketing form sent or made by us or on our behalf should include a means by which customers may unsubscribe (or opt out) of receiving similar marketing in the future. You can ask us to remove or amend any previous consent you provided by contacting us.
"Cookies" are small files that are stored on the user's computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after utilization of our Service.
Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an Service and closes his browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored.
Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Similarly, the interests of the users can be stored in such a cookie, which are used for coverage measurement or marketing purposes.
Third party cookies" are cookies from providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is referred to as "first party cookies").
Furthermore, the storage of cookies can be influenced by deactivating them in your browser settings. Please note that in this case not all functions of this Service can be used.
On the basis of our legitimate interests within the meaning of Article 6 paragraph 1 letter f. GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the website previously visited), IP address and the requesting provider.
For security reasons (e.g. to clarify acts of abuse or fraud), log file information is stored for a minimum term of one month. Data whose further storage is required for evidential purposes are excluded from deletion until the respective incident has been finally clarified.
We maintain online presences on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR. We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users who are active there. Unless otherwise stated in this policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.
If you disable the cookies that the Site uses, this may impact your experience while on the Site. You can also delete cookies already stored on your computer. Again, doing this may have a negative impact on the usability of many websites.
Google will use this information on our behalf in order to evaluate the use of our website by users, to compile reports on the activities within this website and to provide us with further services associated with the use of this website and the internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and relating to their use of the Service to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en
You can find further information on data use by Google, setting and objection options on the websites of Google: https://policies.google.com/technologies/partner-sites ("Data use by Google when you use the websites or apps of our partners"), https://policies.google.com/technologies/ads ("Data use for advertising purposes"), https://adssettings.google.com/authenticated ("Manage information that Google uses to show you advertising").
Facebook Custom Audiences enables us to use existing datasets to compile groups and lists of users based on certain criteria in order to provide users with information and advertisements, tailored to their interests and preferences, on Facebook's services. Before transmission to Facebook, the data is irreversibly encrypted in the form of hash values on our computers; Facebook can compare these against its user databases. You can opt out of this form of advertising by changing the settings at the Facebook settings page.
Facebook Lookalike Audiences enables us to use existing datasets to compile groups and lists of users based on certain criteria in order to provide users with similar interests and preferences with relevant information on Facebook's services. Before transmission to Facebook, the data is irreversibly encrypted in the form of hash values (encrypted numeric values) on our computers. You can opt out of this form of advertising by changing the settings on the Facebook settings page.
Below is the cookies list that our Service utilizes:
We use means of distance communication, such as post, telephone or e-mail, for business and marketing purposes. We process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
The processing is based on Art. 6 para. 1 lit a, Art. 7 GDPR, Art. 6 para. 1 lit f GDPR in connection with legal requirements for advertising communications. Contact shall only be established with the consent of the contact partners or within the scope of the statutory permissions and the processed data shall be deleted as soon as they are not required and otherwise with objection/ revocation or discontinuation of the basis for authorization or statutory archiving obligations.
Any comments or queries on this policy should be directed to us using the following contact details.
Equipment Radar LLC
777 Brickell Ave Suite 500
Miami, FL 33131
If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.
Last updated: June 13, 2023. These Terms of Service (which, together with the Business Terms below, are the "Terms") are effective immediately for users accessing or using the Service. If you disagree with any of these terms or conditions, do not use our website.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 11) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST EQUIPMENT RADAR BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) Equipment Radar LLC, an Indiana Limited Liability Corporation. "Equipment Radar" means Equipment Radar LLC as applicable. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
The English version governs your relationship with Equipment Radar, and any inconsistencies among the different versions will be resolved in favor of the English version available here.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree to indemnify, defend, and hold harmless Equipment Radar, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Equipment Radar Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Equipment Radar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Equipment Radar. Equipment Radar will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE EQUIPMENT RADAR ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
Last updated: December 3, 2020
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By added listings to Equipment Radar, or creating or managing a business profile on behalf of your business, you are agreeing to these Business Terms and concluding a legally binding contract with Equipment Radar. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE EQUIPMENT RADAR ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 10 OF THE TERMS. The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Equipment Radar, for their role in publishing third-party Content, including consumer reviews.
FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR EQUIPMENT RADAR. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 11 OF THE TERMS.
Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account; (each such controversy or claim, a “Business Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction. “Excluded Business Claims” means Claims related to intellectual property (like copyrights and trademarks) or violations of Section 6 of the Terms of Service (Representations and Warranties).
Business Claims shall be heard by a single arbitrator. Arbitrations will be held in Indianapolis, Indiana, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of Indiana. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN INDIANAPOLIS, INDIANA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.
YOU AND EQUIPMENT RADAR AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND EQUIPMENT RADAR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
You can contact us with questions, comments, or compliants at [email protected].
This website (equipmentradar.com) is an online information service, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. EQUIPMENT RADAR LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Equipment Radar LLC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Equipment Radar LLC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Equipment Radar LLC by all means and in any media now known or hereafter developed. You also grant to Equipment Radar LLC the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Equipment Radar LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Equipment Radar LLC.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Equipment Radar LLC . Other product and company names mentioned in the Site may be the trademarks of their respective owners.
You understand that, except for information, products or services clearly identified as being supplied by Equipment Radar LLC, Equipment Radar LLC does not operate, control or endorse any information, products or services on the Internet in any way. Except for Equipment Radar LLC – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Equipment Radar LLC. You also understand that Equipment Radar LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. EQUIPMENT RADAR LLC PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND EQUIPMENT RADAR LLC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. EQUIPMENT RADAR LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. EQUIPMENT RADAR LLC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL EQUIPMENT RADAR LLC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF EQUIPMENT RADAR LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, EQUIPMENT RADAR LLC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Equipment Radar LLC makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Equipment Radar LLC web site, please understand that it is independent from Equipment Radar LLC, and that Equipment Radar LLC has no control over the content on that web site. In addition, a link to a Equipment Radar LLC web site does not mean that Equipment Radar LLC endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Equipment Radar LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Equipment Radar LLC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Any rights not expressly granted herein are reserved.