1. General Provisions
1.1 By accessing, viewing, using or shopping at Cranetraderonline.com (sometimes referred to hereinafter as the “Website”), you acknowledge that you have read, understand, and agree with these Terms of Use (“Agreement”), and affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you do not wish to be bound by these terms, please do not use this Website. If you accept this Agreement in accordance with the foregoing, then CraneTraderOnline (“CTO”) shall grant you a limited, non-assignable, non-exclusive and revocable license to access and make personal use of this Website.
1.2 The equipment, parts and services that are listed on Cranetraderonline.com are for informational purposes only and are offered for sale solely by third-party sellers. We make every effort to provide accurate information, but errors that are beyond our control may occur. Before purchasing equipment, parts or services on Cranetraderonline.com, you should verify with the seller directly any information (price, shipping, condition etc.) that is material to your purchasing decision. We highly recommend an on-site inspection of the item(s) prior to purchase or, to have the equipment inspected by a qualified third party. Cranetraderonline.com is not responsible for, and does not guarantee the condition of or suitability for any purpose of any item or service listed on our website.
2. Buying and Selling Activities
2.1 Cranetraderonline.com connects buyers and sellers of equipment, parts, attachments and related services. Information about a particular item or service listed is supplied by the seller and not by Cranetraderonline.com. The price and all other terms of any transaction remain subject to direct negotiation between the potential buyer and the seller offering the item for sale. The prices listed by sellers on Cranetraderonline.com often do not include sales tax, finance charges, title fees, transportation and loading charges, or other fees charged by the sellers, any or all of which may be in addition to the listed price to arrive at the final sale price of a crane. We expect all who use the Cranetraderonline.com web service to adhere to sound, ethical business practices; we cannot verify the accuracy of any seller supplied information. We also cannot assure that any form of payment received from the buyer is non-fraudulent. When using this website to buy or sell equipment, parts or services, let “the buyer and seller beware” and get all important details in writing. When buying any item or service Cranetraderonline.com strongly recommends an in-person inspection of the equipment or having a qualified third party inspect the equipment. Use your own common sense and judgment, because you alone are responsible for your decision to purchase.
2.2 When you offer an item through Cranetraderonline.com, You must have the legal authority to transfer title or ownership. Listing of equipment that you do not have a legal right to sell through ownership, a bona fide sales agreement with the legal owner or an auction contract is prohibited.
2.3 To list an item on Cranetraderonline.com, sellers are required to provide identification and contact information. The information must accurately identify the seller and the method of contact, and must permit buyers to communicate directly with the seller. Cranetraderonline.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 an unethical or inappropriate manner.
2.4 The accuracy of information in all listings is solely the responsibility of the seller. Cranetraderonline.com is not responsible for errors, omissions, false or misleading text or photos. Any listing deemed by us to contain false, misleading or fraudulent content is subject to cancelation without a refund of the listing fee. We intend to provide a safe, ethical marketplace for all to enjoy. Any seller or buyer who engages in fraudulent activity through use of our site may be reported to the appropriate authorities.
2.5 Although this Website can be accessed from countries around the world it is controlled, operated and administered by CTO from its offices within the U.S.A. CTO makes no representation that the Website, or the Content available through the Website, is appropriate or available for use at locations outside the U.S.A., and access to the Website from locations where the Website or any of its Content is illegal is prohibited. If you access the Website from a location outside the U.S.A., you are responsible for compliance with all local laws. Under United States Export Administration Regulations, our products may not be exported or re-exported to any country to which the United States embargoes goods, including, but not limited to, Cuba, Iran, North Korea, Sudan, Syria, Burma, Zimbabwe, Côte d'Ivoire (Ivory Coast), and Democratic Republic of the Congo. By using this Website, you are certifying that you are not a national of any country to which the United States embargoes goods. You are solely responsible for the payment of all export and import duties in connection with your purchase of products using this Website.
3. Payment and Security
3.1 Payment is by major credit card only. By using our site, you agree to pay all fees for the advertising package that you choose. Plans that are paid on a per month basis will be charged to the card initially used to set up the account. This billing will occur automatically each month unless cancelled. To cancel, click on “Cancel Ad” or, call our tech support line at: 888-406-6070 or, send us an email at: support@cranetraderonline.com. All listing fees will be charged in advance and are not refundable or prorated after cancellation.
3.2 Cranetraderonline.com does not disclose any payment information (such as credit card number and their expiration dates) about our clients to anyone. We do not sell or disclose information about you to other entities who may want to sell their products to you. Notwithstanding the foregoing, CTO may disclose information about you if CTO has a good faith belief that it is required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of CTO or others.
3.3 Cranetraderonline.com takes the security of your payment information very seriously. All credit card information is stored in a secure and confidential manner. Cranetraderonline.com safeguards the confidentiality and security of the payment information we obtain from you, and we take prudent action to prevent the loss or disclosure of such information. However, no data protection scheme is entirely foolproof. Cranetraderonline.com takes no responsibility for data loss resulting from any criminal act.
3.4 To buy or sell equipment using this Website you must create an account using accurate information. You are responsible for maintaining the confidentiality of your account password. You are responsible for all damages resulting from the use of your account, whether actually or expressly authorized by you, unless access to your account was obtained through no fault or negligence of your own. CTO will not be liable under any theory for any losses caused by the unauthorized use of your account. Without limiting its other remedies, CTO may terminate your account at any time if you are determined to have violated this Agreement or for any other reason, as determined in the sole and absolute discretion of CTO. CTO will not be liable under any theory for any losses caused by the termination of your account.
3.5 Our Website automatically tracks certain information from visitors. This information includes any URL that the user came from, the browser used, and the user’s IP address. Many websites automatically collect this information. We gather and use such information to help diagnose problems with our server and to administer our Website.
4. External Links and Cookies
4.1 This Website may from time to time link to websites operated by other entities ("Linked Sites"). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by CTO. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by CTO. CTO does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Links do not imply that CTO sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of CTO or any of its affiliates or subsidiaries. Except for links to information authored by CTO, CTO is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. CTO reserves the right to discontinue or block any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon. It is also recommended that you review the terms of use applicable to each Linked Site prior to viewing and/or transacting any business there.
4.2 We may use cookies on certain pages of our Website. Cookies are small pieces of information that your web browser places on your computer’s hard drive. Cookies can help us personalize our Website and provide information that is targeted to the interests of individual users (for instance, so you don’t see the same advertisements repeatedly). We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our Website, and for other purposes. Most web browsers automatically accept cookies, but you can change this feature in your browser. The user is always free to decline our cookies if his or her browser permits.
5. Copyrights, Ownership and Permissions
5.1 All information, images, designs, photographs, writings, data, and other materials featured in any banner or other advertising on this Website are the property of third parties. All other information contained on this Website including without limitation all images, designs, photographs, writings, data, and other materials, are the property of CTO and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. All content provided by third parties and CTO are referred to collectively as “Content”.
5.2 You are not permitted to use any Content without the prior written consent of the party who owns it. You must also retain all copyright and other proprietary notices on all copies of the Content. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Content. Except as provided in this Agreement, CTO does not grant you any express or implied right to use its Content.
5.3 You agree not to use any data mining, robots or similar data gathering and extraction methods in connection with your use of this Website.
5.4 You agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your ynformation) from the Web site without the prior expressed written permission of Cranetraderonline.com and the appropriate third party, as applicable.
5.5 You may make single page copies of advertisements for your personal reference.
5.6. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C 512(c)(3) ("DMCA") by providing our Copyright Agent with the following information in writing:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. CTO's designated Copyright Agent to receive notifications of claimed infringement is: Kevin Brown, email: support@cranetraderonline.com, fax: 248-479-1777. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CTO customer service through http://www.preflopadvantage.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
5.7. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the Eastern District of Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
e. If a counter-notice is received by the Copyright Agent, CTO may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CTO's sole discretion.
6. Communications
By establishing an account, or username you are agreeing to any and all future changes to the Cranetraderonline.com official policies. All users agree to receive future communications regarding changes and/or updates to this TOS agreement via e-mail, as well as other forms communication regarding products, services, and featured offers. Offers made on behalf of our third parties will have an opt-out option for receiving future communications to ensure compliance with the CAN-SPAM Act of 2003 and any other applicable federal and/or state laws. Visitors to Cranetraderonline.com who are not account holders are expressly bound by these Terms of Service and all notices on the Cranetraderonline.com website, by their use of the Cranetraderonline.com.
7. Disclaimer of Warranties Liability
7.1 YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
7.2 TO THE FULLEST EXTENT PERMITTED BY LAW, CTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THIS WEBSITE AND PURCHASE OF ANY PRODUCTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.3 CTO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DESCRIPTION OR NATURE OF PRODUCTS AVAILABLE THROUGH THIS WEBSITE OR LINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND PURCHASE THEREOF, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS WEBSITE AND/OR ANY CONTENT OR THE PURCHASE OF ANY PRODUCTS USING THIS WEBSITE. CTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CTO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7.4 AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7.5 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY AND ALL IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
8. Limitation of Liability
8.1 IN NO EVENT SHALL CTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USE OF PRODUCTS AVAILABLE THROUGH THIS WEBSITE OR LINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR PURCHASE THEREOF, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE AND/OR ANY CONTENT OR THE PURCHASE OF ANY PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
8.2 CTO SHALL NOT BE LIABLE UNDER ANY THEORY FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8.3 ALL LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.4 SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
8.5 ALL LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT SHALL APPLY WHETHER OR NOT CTO IS ADVISED OF THE RISK OF HARM OR DAMAGE.
9. Limitation on Claims
Any cause of action you may have with respect to your use of this Website or purchase of products using this Website must be commenced within one (1) year after the claim or cause of action arises or it will be deemed waived.
10. Controlling Law and Jurisdiction
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of law provisions. CTO makes no representation that the materials are appropriate or available for use outside the State of Michigan,. If you access this site from outside the State of Michigan, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Oakland County and the United States District Court for the Eastern District of Michigan for any disputes with CTO arising out of your use of this Website.
11. Electronic Communications and Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from CTO solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded button or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
12. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CTO without restriction.
13. Savings Clause
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect.
14. Waiver
Any failure by CTO to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
15. Captions
The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
16. Language
It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. All notices sent under this Agreement must likewise be provided in English.
BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT.
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