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Terms & Conditions

General

Thank you for visiting our Website. This Agreement (the “Terms of Use” or “Usage Agreement”) sets forth the terms and conditions that apply to your access to and use of our Website. By using our Website, you agree to comply with all of the terms and conditions hereof. You shall be responsible for protecting the confidentiality of your password(s), if any. Please see our Privacy Policy for terms applicable to our data collection and use practices. We reserve the right to change the terms of this Usage Agreement, including our separate Privacy Policy, from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Website that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Usage Agreement so that you always will know what terms and conditions apply to your access to and use of this Website. Your continued use of our Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our company may change, restrict access to, suspend or discontinue this Website, or any portion of this Website, at any time. We reserve the right to refuse service, terminate accounts and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Rhino Machinery, its parent, affiliates or licensees.


Ownership License

Our Website and all content displayed on this site and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Rhino Machinery, its parent, affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access or download content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Website. Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display or use this Website or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to Rhino Machinery and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Website as authorized hereunder.


Certain Restrictions

Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics are strictly prohibited without prior express written permission of Rhino Machinery. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Website, or any trademark, logo, content or other proprietary information (including images, text, page layout or form) included on the Website, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing the names or trademarks of Rhino Machinery, its parent, affiliates or licensees without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Website using any “robot,” “spider,” “deep link,” “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose.


Links

This Website may provide links or references to third party sites that Rhino Machinery does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. Rhino Machinery has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided as merely a convenience to the users of this Website, and such links do not imply endorsement by Rhino Machinery of such other third party sites or the content contained therein. Rhino Machinery disclaims all liability with regard to your access to such linked Websites, and access to any other Internet Websites linked to this Website is at your own risk. You should consult the terms of use and privacy policy of any other Internet Website. You release and discharge Rhino Machinery, its parent, affiliates or licensees from any and all liability arising from your purchase or use of products or services by or through such third party sites.

Information and Warranties

Please note that this Terms of Use applies solely to products offered for sale directly by our Website(s) and does not apply to products or services offered or posted by one of our advertisers or members. You may be able to purchase certain products directly from us on our Website. With respect to those products, we make no express warranties whatsoever and disclaim any thereof, and all such products are sold “AS IS.” We will, however, try to pass along the benefit of any warranties provided by the third-party manufacturer. The terms of these warranties are generally included in the materials accompanying the product. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME. In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products (including non-conforming products), or for any third-party claims against you relating to any products, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product exceed the purchase price that you paid to us for it.


Your Account

To protect the member’s account information, Rhino Machinery assigns each member with a unique user name or password. Only members have the ability to modify their personal information and delete their ads as needed. If you become a member of this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Website due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.


Disclaimer of Warranties; Limitation of Liability

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 Website, including information, products and services referred to, advertised or promoted on or sold though the Website. This Website and all information, products or services available through this Website are provided by us on an “as is” basis without warranties of any kind, either express or implied. Neither Rhino Machinery, nor any of its parent, affiliates or licensees warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Website, or as to the accuracy, reliability or completeness of content or any information, service or merchandise provided through this Website. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER RHINO MACHINERY, ITS PARENT, AFFILIATES NOR ITS LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. RHINO MACHINERY, ITS PARENT, AFFILIATES AND LICENSEES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL RHINO MACHINERY, ITS PARENT, AFFILIATES OR ITS LICENSEES OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF ACCESS TO, OR THE USE OF, OR INABILITY TO USE THIS WEBSITE OR ANY PRODUCTS OR SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF RHINO MACHINERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that the entire liability of Rhino Machinery, its parent, affiliates or licensees arising out of any kind of legal claim arising out of or otherwise related to this Website will not exceed the amount you paid, if any, for the use of this Website or any products or services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.


Use at Your Own Risk

We provide the material available through this Website for informational purposes only. You may only use the material and the services available through this Website for your personal and non-commercial use. Before you act on any information you’ve found on our site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY INFORMATION, DATA OR MATERIALS DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.


Materials Submitted by Other Users

We cannot and do not review every posting made in our blogs, chat rooms, forums and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff.


Data Security

We have in place, what we believe to be, reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online. In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.


Data Collection and Use

Any personally identifiable information provided by you in electronic communications to the Website is governed by this Website’s Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this Usage Agreement by reference.


Use of Communications Services

We may provide a variety of services on this Website through which you can directly interact with others, such as e-mail services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas (“Communications Services”), but we assume no responsibility for the views and opinions expressed. We encourage an open exchange of information and ideas, but want everyone to be able to enjoy these Communications Services. We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our Website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Website, our customers, the public or Rhino Machinery and its parent, affiliates or licensees. We reserve the right (but assume no obligation) to review the content of this Website, including blogs, message boards, chat rooms, listings, forums and other information posted to the Website to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using this Website, you agree not to post, submit or transmit through this Website any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Website or otherwise to the owners of this Website shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any content or other material submitted by you to or through this Website and agree that you will indemnify and hold Rhino Machinery harmless from and against any claims, damages or losses related to such content or other material. We reserve the right to deny access to any Communications Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy our Website or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.


Posted Materials

You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, “Ideas”) to us via this Website, whether by submission to a public area of the Website (e.g., blogs or message boards) or by other communication to us through e-mail or other means of electronic communication facilitated by the Website. Although Rhino Machinery does not claim ownership of content that its users post, by submitting communications, materials or Ideas to any public area of this Website, you grant Rhino Machinery, its parent, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter on a worldwide basis. You also permit any other user of this Website to access, view, store or reproduce the material or ideas for that user’s personal use. Such purposes may include disclosure to third parties. By posting or disclosing such information, you hereby waive any claim that Rhino Machinery misappropriated any such Ideas, materials or any portions of your communication.


Copyrights

Rhino Machinery respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rhino Machinery’s Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

For copyright inquiries, including notification of claims of infringement, please contact Rhino Machinery’s Copyright Agent at:


Rhino Machinery
P. O. Box 308
La Grange, Texas 78945.

Violation of These Terms of Use:

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that we may preserve and store any communication by you with us through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Rhino Machinery, its employees, users of or visitors to the Website, and the public. Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Rhino Machinery may have at law or in equity.


Miscellaneous

Use of this Website by you for spamming is strictly prohibited. By using this Website, you agree not to use information concerning other users of this Website or any items such users have listed or searched for on this Website (including listing information, user names, e-mail addresses, telephone numbers and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor. This Terms of Use agreement is governed by the laws of the state of Texas. You hereby consent to the exclusive jurisdiction and venue of courts in La Grange, Texas, U.S.A., in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Rhino Machinery as a result of this agreement or use of this Website. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You shall use this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website will not be permitted. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, which includes any discontinuance or material modification of the Website or any service offered on or through the site, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Rhino Machinery. You agree that Rhino Machinery will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.