The following Site Usage Terms and Conditions ("Site Usage Terms") establish the terms of your use of JLG Industries, Inc.'s ("JLG’s") site and services located at www.JLGused.com (the "Site").
The Site Usage Terms were established on March 1, 2015.
1. CAPACITY TO CONTRACT. The Site is available only to individuals and/or entities acting in a professional capacity (non-consumers). If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on its or his/her behalf. Without limiting the foregoing, (i) minors in any jurisdiction, (ii) end users that reside outside the United States of America or Canada,(iii) individuals and/or entities who have been suspended from the Site may not use the Site.
2. REGISTRATION. Registration is required to use certain features of the Site. JLG reserves the right, in its sole discretion, to deny any request to become a registered user (a "Registered User") and to suspend or terminate a Registered User’s authorization to use the Site at any time and for any reason. By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying equipment through the Site, with the Buyer Terms and Conditions You represent and warrant that (i) all information provided to JLG is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that JLG may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which charges are your sole responsibility. JLG reserves the suspend or terminate your authorization to use the Site at any time and for any reason, with or without cause.
3. LOGIN ID, PASSWORD, SECURITY. You are solely responsible for protecting the confidentiality of your sign-in ID and password and are responsible for all use of your Site account. You agree to notify JLG immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. JLG has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, JLG cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. USER RESPONSIBILITIES. You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Site in a manner that sends more request messages to JLG's servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iv) taking any action that imposes, or may impose (in JLG’s determination) an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Site; (vi) collecting or harvesting any personally identifiable information, including account names, from the Site; (vii) using the Site for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; or (ix) bypassing the measures we may use to prevent or restrict access to the Services.
5. USER INFORMATION AND PRIVACY STATEMENT. JLG has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see JLGused's Privacy Statement, located on JLG.com and incorporated herein by reference, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to JLGused's Privacy Statement and, if you're located in the European Union, you expressly consent that JLG may transfer, process and store your personal data inside and out of the European Union.
7. MODIFICATION AND AVAILABILITY. JLG may, at any time, delete, modify or supplement the content of this Site without prior notice. JLG reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. JLG may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.
8. MONITORING. You agree that JLG has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site.
9. SERVICE AVAILABILITY. JLG makes reasonable commercial efforts to make its Services and Site available. However, JLG is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an advertisement.
10. COPYRIGHT AND TRADEMARKS. The trademarks, trade names, designs and all material contained on this Site or through other Services, including all portions of the website, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of JLG or its licensors. The use of any such property for any other reason, on any other website, or the modification, distribution or republication of this material without the prior written permission from JLG is strictly prohibited.
11. TERMINATION. Without limiting any other remedies, JLG shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in JLG's sole discretion for any reason, including, without limitation, if we determine that you have violated the terms and conditions hereof.
12. DISCLAIMER; LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES, PROVIDED BY OR THROUGH JLG ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHETHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JLG BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF JLG OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. GOVERNING LAW. The Site Usage Terms shall be governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, do not apply.
14. AMENDMENT OF SITE TERMS. JLG may, modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.
15. NOTICES. Any notice to JLG regarding the use of the Site must be in writing and must be sent via email to firstname.lastname@example.org and by registered mail or overnight courier to JLG Industries.1 JLG Drive McConnellsburg, PA 17233 Attn: JLGused. Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
16. MISCELLANEOUS. If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by JLG to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. In the event a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, JLG does so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.
JLG respects the intellectual property of others, and we expect our users to do the same. Unless otherwise disclosed, the content found at JLGused.com, inclusive of photography and attribute information used to present the capabilities, condition, and status of the Equipment available for sale, is the property of JLG or is provided under commercial arrangement by JLG for the exclusive use of its users while shopping this Site.