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 Expert Heavy Equipment Inc., 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 Expert Heavy Equipment Inc. and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Website as authorized hereunder.
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 Expert Heavy Equipment Inc.. 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 Expert Heavy Equipment Inc., 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.
Information and Warranties
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 Expert Heavy Equipment, inc, 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 EXPERT HEAVY EQUIPMENT INC., 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. EXPERT HEAVY EQUPMENT INC., 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 EXPERT HEAVY EQUIPMENT INC., 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 Expert Heavy Equipment, Inc., 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.
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
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 Expert Heavy Equipment Inc. 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.
You may have the opportunity to post or otherwise submit information, concepts, 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 Expert Heavy Equipment Inc. 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 Expert Heavy Equipment, 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 Expert Heavy Equipment misappropriated any such Ideas, materials or any portions of your communication.
Expert Heavy Equipment 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 Expert Heavy Equipment’s Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and e-mail address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact Expert’s Copyright Agent at:
Expert Heavy Equipment Inc.
2600 South Shore Blvd. Suite 300, League City, Texas 77573