Yankee Equipment Systems Website Terms of Use
Welcome to yankeeequipment.com/ (the “Website”)
Terms of Use
Please take a few minutes to review these Terms of Use. Your use or browsing of the Website and/or your purchase of products or use of any services from Yankee Equipment Systems, LLC (“YES” or “us” or “we”) or from third parties that sell products, parts, equipment, facilities or other properties, or services listed on the Website (a “Third Party”) constitutes your agreement to the following: (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with YES or with any Third Party, and (3) you have the authority to enter into these Terms of Use personally or on behalf of YES you have named as the customer, and to bind that company to these Terms of Use. The term “you” refers to the individual or legal entity, as applicable, identified as the customer when you registered on the Website. If you do not agree to be bound by these Terms of Use, you may not access or use the Website or purchase products or services through the Website. The term “Content” means the content of the Website as it changes from time to time.
Your use of certain services offered on the Website may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. For example, if you use the “Laundries for Sale” listings, Supplemental Terms will apply to that use. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”
These Terms of Use May Change
Please note that the Terms are subject to change by YES in its sole discretion at any time. When changes are made, YES will make a new copy of the Terms of Use and any Supplemental Terms available on the Website. Any changes to the Terms will be effective immediately. YES may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after the changes have been made, you must stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Privacy
Please review our Privacy Policy below, which governs your use of the Website and the Content, to understand our practices.
User Comments
We welcome your comments about the Website. However, any comments, feedback, messages, ideas, suggestions, notes or other communications (collectively “Comments”) sent to the Website shall be and remain the exclusive property of YES. Your submission of any such Comments shall constitute an assignment to YES of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. YES will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Consequently, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative.
User Behavior
You agree that you will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of the Website or connect to or use the Website in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; information on the Website;
(c) Use, display, mirror or frame the Website;
(d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Website;
(e) Intercept, examine or otherwise observe any proprietary communications;
(f) Reverse engineer, decompile, disassemble or decipher the Website; or
(g) Solicit or attempt to solicit personal information from other Users of the Website
Links to Other Websites
Links to other Internet sites operated by third parties, including YES vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Product Information
All prices displayed on the Website are quoted in U.S. dollars. The Website may restrict delivery to addresses within the United States and Canada. the Website will add shipping and handling fees and applicable sales/use tax. Duties, taxes, custom fees or other charges related to purchases made by parties outside the United States are the responsibility of the buyer. The Website reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by the Website. The receipt by you of an order confirmation does not constitute the Website’s acceptance of an order. Prior to the Website’s acceptance of an order, verification of information may be required. The Website reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from the Website, for any reason. the Website reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
Intellectual Property
All of the Content is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by YES. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on the Website is prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal use in connection with services offered on the Website, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. YES reserves complete title and full intellectual property rights in any Content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content.
Disclaimer of Warranties
The Website makes no warranties or representations whatsoever with respect to the Website or any linked site or its content, including the availability of the website or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. The Website and all contents available on the Website are provided on an “as is” and “as available” basis with all faults without warranties of any kind, either expressed or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Website, that your use of the Website is at your sole risk, and that neither YES, nor any subsidiary, affiliate, employee, officer, shareholder or director of YES or any subsidiary or affiliate (collectively, “YES Parties” shall be liable for any damages of any kind related to your use of the Website).
No advice or information, whether oral or written, obtained from YES or through the Website will create any warranty not expressly made herein.
From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions. YES reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, the website shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Website shall promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE LIMITATIONS IN THE TERMS OF USE MAY NOT APPLY IN FULL TO YOU. WHERE LEGISLATION IN A JURISDICTION IMPLIES IN THE TERMS ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED, YES’S LIABILITY FOR BREACH THEREOF SHALL BE LIMITED AT YES’S OPTION TO ONE OR MORE OF THE FOLLOWING: (1) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO GOODS, THE REPLACEMENT OR REPAIR OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR PAYMENT OF THE COST OF DOING SO; AND (2) WHERE THE BREACH OF THE CONDITION OR WARRANTY RELATES TO SERVICES, THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THEM SUPPLIED AGAIN.
Limitation of Damages.
IN NO EVENT SHALL ANY YES PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT YES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
No Liability for Conduct of Third Parties.
You acknowledge and agree that YES is not liable, and you agree not to seek to hold YES liable, for the conduct of third parties, including operators of external websites, and that the risk of injury from such Third Parties rests entirely with you. YES makes no warranty that the goods or services provided by Third Parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. YES makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any user content obtained through YES properties.
Indemnification
You agree to defend, indemnify, and hold harmless the YES Parties and each of them from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the Website or the Content, or any Third Party claim arising with respect thereto. The foregoing indemnification obligation shall survive termination of these Terms and the Website and any product or service provided to you arising out of or relating to your use of the Website. YES reserves the right, at your expense, to assume the exclusive defense and control of any Third Party claim for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of YES.
Release
You hereby release us, our officers, directors, shareholders employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of any Third Party websites.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE A RESIDENT OF ANY STATE OTHER THAN CALIFORNIA, YOU HEREBY WAIVE THE STATUTE OF THAT STATE, IF ANY, THAT IS COMPARABLE IN EFFECT TO THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542.
General Provisions
Electronic Communications. The communications between you and YES use electronic means, whether you visit the Website or send YES e-mails, or whether YES posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from YES in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that YES provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without YES’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. YES shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Limitations Period. YOU AND YES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE WEBSITE OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Jurisdiction and Venue. You and YES agree and hereby submit to the exclusive personal jurisdiction and venue of any State or federal court located in the County of Kent, Delaware, with respect to any claims, causes of action or disputes arising out of or related to the Website, the Content or any products or services purchased by you through the Website.
Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Terms, together with the Supplemental Terms (if applicable) and the Privacy Policy, are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
