SITE TERMS AND CONDITIONS
The following Terms and Conditions govern your use of this website, any related application/website, and any products or services contained or offered in connection with this application/website (altogether the “Website”). By using this Website in any way, you agree to these Terms and Conditions.
Copyrighted Information: This Website and its content may contain proprietary notices and copyright information, the terms of which must be observed and followed. To the extent any information, text, articles, data, images, documents, software, or other materials (altogether "Materials") within this Website are copyrighted by any third party ("Copyright Holder"), title to such copyright will at all times remain with the Copyright Holder. Nothing in this Website confers any license of any Copyright Holder's intellectual property rights, by implication or otherwise. You agree to use this Website and the Materials, services, and products on this Website only for lawful purposes. CREATIVE EQUIPMENT SOLUTIONS, LLC (“CES”) may revoke any of the foregoing rights, as well as any access or authorization, at any time for any reason in its sole discretion. If you believe your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent below all information required by the Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512. For notice of claims of copyright infringement related to this Website, the Copyright Agent can be reached as follows:
CREATIVE EQUIPMENT SOLUTIONS, LLC
ATTN: COMPLIANCE
14350 N FRANK LLOYD WRIGHT BLVD
SUITE 16
SCOTTSDALE, AZ 85260
Notice with Regard to Materials: Permission to display, copy or download any Material on this Website is granted subject to the following: (a) the copyright notice set forth on the Material must remain; (b) use or reproduction of the Material must be for informational or personal use only; and (c) no modifications of the Material may be made. Any other use of the Materials is prohibited.
Disclaimers and Limitation on Liability:
A. DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS WEBSITE ARE PROVIDED "AS IS," AND CES MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE OR ITS CONTENTS. CES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, AND NON-INFRINGEMENT.
B. DISCLAIMER OF ACCURACY. CES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION, OR TECHNICAL INACCURACIES. ADDITIONALLY, THIS WEBSITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES. CES MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION, NOR IS IT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN SUCH INFORMATION. CES RESERVES THE RIGHT TO CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE, INCLUDING ANY PRICING OR AVAILABILITY INFORMATION.
C. LIMITATION ON LIABILITY. NEITHER CES NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATION OF THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, INCLUDING THE MATERIALS. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND AGREE NOT TO MAKE ANY CLAIM AGAINST CES FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR OTHER DAMAGES
Links to Third-Party Sites: Other applications or websites that are accessible through any link on this Website are not under the control of CES. You visit or use such sites entirely at your own risk. CES is not responsible for the content of any such sites, does not endorse such sites, and does not endorse or recommend in any way the products or services available on such sites.
User Input: Unless otherwise provided herein, any communication or feedback with regard to this Website or its contents transmitted by a user of this Website via electronic mail or otherwise, including any data, questions, or comments, shall be deemed to be non-confidential and CES has no obligation of any kind with respect to such information and is free to reproduce, use, disclose, and distribute the information to others without limitation. CES is also free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose, including, without limitation, publication on this Website and developing, manufacturing, and marketing products. CES has no obligation to compensate the contributor of such information in any manner.
Governing Law and Jurisdiction: Any action, proceeding, dispute, claim or controversy arising out of or relating to this Website or these Terms and Conditions, or any CES products or services offered on or accessed via this Website, shall (i) be governed by Arizona law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the state and federal courts of Arizona, and you hereby submit to the jurisdiction and venue of said courts.
Complete Agreement: These Terms and Conditions AND Privacy Policy represent the entire understanding between CES and any user relating to the matters addressed herein and prevail over any prior understanding or communication. CES has the right to revise its Terms and Conditions at any time by posting revised Terms and Conditions on the Website. Any use of the Website after such posting constitutes acceptance of the revised Terms and Conditions by the user.
Indemnification: You agree to defend, indemnify, and hold harmless CES, its members, officers, directors, employees, agents, affiliates, and representatives from and against all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions.
Termination: CES may terminate these Terms and Conditions and all matters related to them, including the Website itself and any or all access to it, at any time. Upon termination, you agree to cease all use of the Website. Without limiting the foregoing, CES has the right to immediately terminate your access to the Website, or any portion of it, for any reason and in particular for any conduct by you or on your account that CES in its sole discretion, considers unacceptable or in breach of the Terms and Conditions.
UPDATED: AUGUST 1, 2024