Federal Equipment Company – Site Agreement and Terms of Use

Updated 19 November 2019

Federal Machinery & Equipment Company (d.b.a “Federal Equipment Company”) (“Federal, “we” or “us”), welcomes you to its websites (3g.ctych.com.cn, pfizerrecovery.com, basf.available-equipment.com as well as any applications or mobile versions offered by Federal (collectively “Site”). Please read this Site Agreement and Terms of Use (“Agreement”) prior to using the Site as this Agreement sets forth legally binding terms and conditions for your use of the Site. Federal Equipment Company is an equipment dealer specializing in industrial processing and packaging equipment and other assets. We use the Site to advertise and offer available inventory privately and publicly as well as information and services regarding selling and otherwise disposing of surplus equipment.

  1. Acceptance: By accessing and using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement and that this is a binding agreement effective as if you had signed this Agreement. If you are accessing and using the Site on behalf of an entity or organization, you acknowledge and represent that you have authority to do so and enter into this Agreement within that capacity. You represent that you are competent and authorized to form a legally binding contract under the laws of the United States or any other applicable jurisdiction. Use of the Site, Content or Services is void where prohibited by applicable law and the right to access the Site, Content, or Services is revoked in such jurisdictions. The Site is generally directed to business users or individuals acting as a business and is not generally provided for consumers. Federal does not knowingly collect information from children under the age of 16. If you are under the age of 16, you do not have authorization to use the Site. If you provide information to Federal through the Site, or any other means, you represent that you are 16 years of age or older.
  2. Effective Date: This Agreement is effective on the date you use the site. If at any time you do not agree to this Agreement or its terms, your access to or use of the Site as well as its Services and Content is automatically and immediately revoked.
  3. Changes to this Agreement: This Agreement may be revised or updated from time to time. You should check for regularly for updates. You can determine when the Agreement was last revised by referring to the “Updated” date at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Agreement. Any material changes to this Agreement take effect upon posting and apply only to your use of the Site and information collected from you on and after the “Updated” date unless we have other communications with you. Federal may make changes to the Site, content, products or services or features of the Site at any time. You understand and agree that Federal may discontinue or restrict your use of the Site at any time for any reason or no reason without notice.
  4. Privacy Policy: The Site’s privacy policy is incorporated herein by reference. If you do not agree with the Privacy Policy, you are not authorized to use the Site.
  5. Site, Content and Services: On, through or in connection with the Site, we offer i) the ability to search for and request inventory, quotations, and services (the “Services”); and ii) content including, without limitation, text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”). Some of the Services and Content are accessible without registering on the Site, but other Services and Content may require registration. The Content and Services are the sole and exclusive property of Federal, its licensors, or other content providers. You have no right to copy any of the Services or Content without express, written permission.
  6. Posting and Submissions: If the Site contains areas to complete information or post photos, files, comments, materials, or information (“Submissions”), you acknowledge that your Submissions may become available others on the Site and elsewhere. You agree to post only Submissions that are appropriate for general audiences and are not confidential or private. You agree that: i) you are entirely responsible and liable for all your Submissions; ii) if you Register, you are responsible for all content posted or transmitted through or by use of your Registration; iii) you are representing and warranting to Federal and its affiliates, suppliers, vendors, merchants, licensors, and other partners that you either own or control all Submissions, no other party has any claim of ownership to any part of the Submissions; the Submissions are true and accurate; and Submissions do not violate this Agreement and you are authorized to publish the Submissions. If you post Submissions to the Site, you grant Federal and its affiliates a nonexclusive, royalty-free, perpetual, transferrable, irrevocable, and fully sublicensable right to use, preproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such Submissions in any form throughout the World in any media whether now known or hereafter developed, alone or as part of other works. Unless there is a mutually agreed upon, written agreement to the contrary, you further grant Federal and its affiliates the right to use the name that you submit in connection with such Submissions in our sole discretion. Unless there is a mutually agreed upon agreement to the contrary, Federal will not be required to treat any Submission as confidential, and will not incur any liability as a result of any similarities between Submission and Content that may appear in our Site or our operations. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a Submission. Federal may, but is under no obligation to, monitor and edit or remove any activity or Submission at its sold discretion. We take no responsibility and assume no liability for any Submission posted by you, by us on your behalf, or any other party.
  7. Permitted Use: You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by this Agreement is prohibited and may be actionable under applicable law. You may use the Site, Content and Services for lawful purposes only. You may not use the Site, Content, or Services in any manner that could damage, disable, overburden, or impair any of Federal’s networks or interfere with any other party’s use and enjoyment of the Site, Content or Services. You may not attempt to gain unauthorized access to the Site or any Content or Services through hacking, password mining, or by any other means. Without limiting anything else contained herein or on the Site, you will agree that you shall not (and shall not allow a third party to): i) copy modify, adapt, translate, or reverse engineer any portion of the Site, the Content or otherwise tamper with the Services; ii) remove notices or citations to any copyright, trademark, watermark, logo or any other proprietary rights contained in or on the Site, Content or Services; iii) use any robot or “bot”, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site, Content, or Services; iv) reformat or frame any portion for the web pages that are part of the Site, Content or Services; v) create use accounts by automated means or under false or fraudulent pretenses; or vi) collect or store personal data about other users either alone, or in connection with the prohibited activities described in this paragraph. Federal may take any legal action and implement any technical remedies to prevent the violation of this provision and enforce this Agreement.

    You agree that the following actions are prohibited and a material breach of this Agreement and you will not:
    • aggregate, copy, duplicate, publish, or make available any Content to anyone outside of the Site in any manner;
    • defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;
    • publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information;
    • upload or download files that contain any Content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
    • upload or transmit files that contain viruses, malware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
    • use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures; or
    • falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.
  8. User Representations and Warranty; Indemnity: You represent and warrant that i) your use of the Site, Services and Content will be in strict accordance with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and ii) your use of the Site, Services, or Content will not infringe or misappropriate anyone’s intellectual property rights.

    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FEDERAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, OWNERS, PARTNERS LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERNT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY NON-PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, OR ANY CONTENT, PRODUCTS, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITE OR FEDERAL, OR YOUR SUBMISSIONS OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR FEDERAL; (B) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF ANY APPLICABLE LAWS, OR YOUR BREACH OF FEDERAL’S OR ANY NON-PARTY’S RIGHTS; (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, OR (D) FEDERAL’S USE OF AND RELIANCE ON YOUR SUBMISSIONS.
  9. Errors, Inaccuracies and Omissions: Occasionally, there may be information on our Site, Content or Services that contains typographical errors, inaccuracies, or omissions that may related to product descriptions, product availability, pricing, location, promotions, offers, and other related Content and Services. Federal makes reasonable efforts to ensure accuracy of the information we provide. You are expected to verify any information or specifications with either knowledge of the equipment or an inspection by a qualified person. Any measurements, including shipping weights, are approximate and/or estimated. Federal is not responsible for any errors or omissions contained in the Site.
  10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: WE PROVIDE THE SITE, CONTENT, AND SERVICES “AS IS, WHEREI IS AND WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FEDERAL MAKES NOT WARRANTY AS TO THE ACCURACY OF COMPLETENESS OR RELIABILITY OF THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THORUGH THE SITE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FORM THE USE OF THE SITE, SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. FEDERAL MAKES NOT REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE INTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA WILL NOT OCCUR. FEDERAL MAKES NO WARRANTIES AOBUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

    TO THE MAXIMUM EXENT PREMITTED BY LAW, FEDERAL DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, SERVICES, OR THE CONTENT, EVEN IF MACHINIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FEDERAL’S LIABILITY EXCEED THE TOTAL FEES PAID TO FEDERAL IN CONNECTION WITHT THE SITE, CONTENT OR SERVICES.
  11. Modification, Suspension, and Discontinuance: Federal reserves the right to modify, suspend, or discontinue, either temporarily or permanently, the Site, Services or Content or any portion or portions thereof, at any time, with or without notice. Unless otherwise agreed, Federal is not liable to you or any third party for any modification, suspension or discontinuance of the Site, Services or Content.
  12. Registration and Personal Information: Some of the Services and Content provided by the Site may require you to register an account with us or create an account (“Register”). Your Registration is subject to our review and approval and we reserve the right to withhold, revoke or withdraw approval of any Registration for any reason or no reason at any time and from time to time. When Register or use the site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself at the time you Register and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, then Federal reserves the right to terminate your use of the Site and inactivate your Registration with or without reasons or notice to you. When you Register on the Site, you will provide a valid email address and select a password to be used in conjunction with your Registration. You may also be required to submit other information as requested. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and Registration, whether by you or others. You agree to immediately notify Federal of any unauthorized use of your password or Registration or any other breach of security. Federal is authorized to act on instructions received through use of your password and is not liable for any loss or damage arising from your failure to comply with this section. You agree that you will not enter the site with someone else’s Registration information, Register with information that belongs to another person without proper authorization from that person, or maintain multiple Registrations unless such Registrations represent separate, legitimate entities.
  13. Termination: Federal may terminate, discontinue, and/or suspend your Registration and/or access to the Site immediately, without notice, for any reason or no reason at all including, without limitation, if there has been a violation of this Agreement or other policies and terms posted on the Site or in connection with the Services or any other transaction with Federal or one of Federal’s affiliates, by you or by someone using your Registration as determined in Federal’s sole discretion. Federal shall not be liable to you or any other party for any such termination, discontinuance, or suspension. You may terminate your Registration at any time by contacting the address at the end of this Agreement; provided, however, that voluntary termination shall in no way relieve you of your responsibilities under this Agreement.
  14. Proprietary Rights and Trademarks: You acknowledge and agree that, as between you and Federal, all right, title, and interest in and to the Site and Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are, other than in respect of any Submissions made by you, owned exclusively by Federal or its affiliates, suppliers, vendors, merchants, licensors, or other partners or sponsors, and are protected by United States intellectual property land other applicable laws. You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Site, Content, or Services whether modified or unmodified, other than in respect of any Submissions made by you. Accordingly, you agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Site or the Content other than as expressly authorized by Federal in writing. The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Site or the Content, when applicable, are proprietary to Federal or its affiliates, suppliers, vendors, merchants, licensors, or other partners. Third party Marks maybe referenced or visible on the Site or the Content and such third-party Marks do not constitute or imply affiliation with, endorsement of, or recommendation of Federal by the respective Marks owners or by Federal of the respective Marks owners.
  15. Links to Other Websites: The Site and Content may contain advertisements, posting and links to websites operated by other parties. The Site provides these advertisements, posting and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked websites are not under Federal’s control and Federal is not responsible for their content or data collection and privacy practices. Including links to other websites does not imply Federal’s endorsement of any website, information, content, product, or service. You acknowledge ant agree that Federal is not responsible or liable, directly or indirectly, for any damage loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through nay other site or resource.
  16. Entity; Choice of Law, Jurisdiction and Venue; and Dispute Resolution: You are contract with Federal Machinery & Equipment Company (D.B.A. “Federal Equipment Company”), an Ohio corporation, located at 8200 Bessemer Ave., Cleveland, Ohio, 44127, United States of America. Any claim or controversy arising out of or relating to this Agreement, or breach hereof, shall be resolved by final and binding arbitration to be conducted in Cleveland, Ohio, under the laws of the State of Ohio, USA, by one (1) arbitrator in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrators shall have no power or authority to add to or detract from the agreements of the parties or to award punitive, exemplary, consequential, special, indirect, or incidental damages except in the case where the you violate section 6 (“Posting and Submissions), section 7 (“Permitted Uses”) or section 8 (“User Representations and Warranty”). The authority of the arbitrators to award damages in any event is and shall be limited to the aggregate amount specified in this Agreement, even if the limited warranty or limitation of liability provisions set forth in this Agreement shall, for any reason whatsoever, be held unenforceable or inapplicable except in cases of gross negligence or willful misconduct. Judgement upon the award rendered in any arbitration may be entered and enforced in any court of competent jurisdiction located in Cuyahoga County, Ohio. Any arbitration proceeding must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred. Notwithstanding the foregoing, the parties reserve the right to obtain injunctive relief through a court of competent jurisdiction to compel arbitration, enforce an arbitration award, and prevent disclosure of its trade secrets or violation of its intellectual property. You waive any right to participate in any form of class, joint or representative litigation against Federal.
  17. Miscellaneous: This Agreement any supplemental terms, policies, rules, and guidelines posted on the Site or in connection with he Content or the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. Fi any part of this Agreement and any supplemental terms, policies, rules, and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. The failure of Federal to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Federal, and any assignment or transfer in violation of this provision shall be null and void. Federal may assign its rights hereunder to any affiliate or other entity who may control, or take control of, any Site, Content or Services covered under this Agreement without any requirement to obtain consent for such assignment. Federal reserves the right to seek all remedies at law and in equity for violations of this Agreement or in connection with the Site, Content or Services, including the Privacy Policy, set forth on the Site, including, without limitation, the right to block access from a particular internet address. You and Federal remain independent parties or independent contractors. Nothing in this Agreement creates any employment or agency relationship and neither party has the authority to assume or create any obligation, express or implied, on behalf of the other party or represent the other party as agent, employee or in any other capacity except as contemplated and specified herein.
  18. Questions: You may contact us with any questions using the information below:

    Federal Equipment Company
    8200 Bessemer Ave.
    Cleveland, Ohio 44127
    +1-216-271-3500
    Marketing@3g.ctych.com.cn