Machinio Terms of Use

Last Updated: 20 May 2022

Machinio, Corp., its subsidiaries and its affiliate group companies (“Machinio,” “we,” or “us”), welcomes you to its websites, www.machinio.com and www.machinio.de, and any and all applications or mobile applications offered by Machinio, Corp. (together the “Site”). Use of the Site is subject to the following Terms of Use (“Terms”), together with the Privacy Policy.

ACCEPTANCE OF TERMS OF USE

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which together form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, your access or use the Site or any of its content is automatically and immediately revoked.

Changes To The Terms Of Use

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after the Last Updated date, unless we have other communications with you.

Machinio may make changes to the Site, content, products, services or features of the Site at any time. YOU UNDERSTAND AND AGREE THAT MACHINIO MAY DISCONTINUE OR RESTRICT YOUR USE OF THE SITE AT ANY TIME FOR ANY REASON OR NO REASON WITH OR WITHOUT NOTICE.

Permitted Users of the Site

In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. Use of the Site, Services or Content 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 directed to business users only (consumers are not permitted to use the Site) and persons 16 years of age or older. Machinio and the Site do not knowingly collect information from children under age 16. If you are under age 16, you are not permitted to use the Site or to submit any personally identifiable information to Machinio on the Site or offline. If you provide information to Machinio through the Site, you represent that you are 16 years of age or older.

Privacy Policy

Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Site.

SITE CONTENT AND SERVICES

On, through or in connection with the Site, we offer: (i) a search engine for new and used machinery and equipment; (ii) and a subscription service for dealers, brokers and other suppliers of new and used equipment to enable them to more efficiently sell their inventory (the “Services”). We also provide content available through the Site, 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 with us, but other Services and Content may require registration and the payment of fees by users. The Content and Services are the sole and exclusive property of Machinio, its licensors, or other content providers.

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 these Terms is prohibited, and may be actionable under applicable law.

Error, Inaccuracies, and Omissions

Occasionally there may be information on our Site, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, and other content provided on behalf of Machinio, its “Subscribers” (being those third parties who have entered into a subscription with Machinio) or its partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information is inaccurate at any time without prior notice and without liability to Machinio.

Modifications, Suspension and Discontinuance

Machinio reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services or Content or any portion or portions thereof, with or without notice. YOU AGREE THAT MACHINIO WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE, SERVICES OR CONTENT.

Registration & Your Personal Information

Some areas of or benefits provided by the Site or some Services may require you to register an account with us or create an account using third-party sign on services (e.g., Facebook Connect). Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, once given, your registration for any reason or no reason at any time and from time to time. In registering or using the Site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering 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, we reserve the right to terminate your use of the Site or your account with or without reasons or notice to you.

When you register to open an account on a Site, you will provide us with a valid email address and select a password to be used in conjunction with your account. You may also be required to submit additional information including, but not limited to your name, mailing address, and profile information. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify Machinio of any unauthorized use of your password or account or any other breach of security. MACHINIO 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 may not:

register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person;
register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or
have more than one user account.

FEES AND COMMISSIONS

All Service purchases are subject to these Terms. By providing your account information in connection with any fee payment, you hereby authorize Machinio to debit the total cost of said fee and agree to be responsible for all associated charges. Should charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by Machinio, or otherwise in connection with Machinio's efforts, to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. You represent and warrant that all information you provide in connection with the purchase of a Subscription is true, accurate and complete. We reserve the right to offer various services for the durations and at the corresponding costs that we determine appropriate, in our sole discretion and to refuse or terminate any purchase or any attempted purchase at any time in our sole discretion. Except as required by law, or otherwise stated herein, all payments are non-refundable, regardless of user satisfaction.

PERMITTED USES

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 our servers or 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 of the Content or Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

Copy, modify, adapt, translate, or reverse engineer any portion of the Site, the Content or otherwise tamper with the Services;
Remove notices of or citations to any copyright, trademark or other proprietary rights contained in or on the Site or in the Content;
Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site, Content or the Services;
Reformat or frame any portion of the web pages that are part of the Site, Content or the Services;
Create user accounts by automated means or under false or fraudulent pretenses; or
Collect or store personal data about other users either alone, or in connection with the prohibited activities described in this paragraph.

We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms.

POSTINGS AND COMMENTS

The Site may contain areas for you to post messages, feedback, listings, comments, photos, sounds, images, text, files, video, post reviews, share your story, and submit comments and other content, and message or communication facilities to enable you to communicate with other users, suppliers of Services or Content, the Site, and Machinio (collectively, “Submissions”) or may aggregate Submissions you have posted (or had posted) on other websites. You acknowledge that your Submissions may become available to others on the Site and elsewhere. You agree to post only Submissions or materials that are appropriate for general audiences and are not confidential or private.

You agree that:

you are entirely responsible and liable for all Submissions;
if you create an account, you are responsible for all content posted or transmitted through or by use of your account;
you are representing and warranting to Machinio and its affiliates, suppliers, vendors, merchants, licensors, and other partners, that you: (a) either own or control all Submissions or materials, and (b) no other party has any claim of ownership to any part of the said Submissions or materials; (c) the content of all Submissions is accurate, and (d) Submissions do not violate these Terms and will not cause injury to any person or entity.

In addition to your obligations stated elsewhere in these Terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:

aggregate, copy, duplicate, publish, or make available any Content to third parties outside the website 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, mal-ware, 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;
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.

If you post Submissions or enter into any subscription with Machinio to aggregate Submissions located on your website or a third party website, you grant Machinio and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, 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. You further grant Machinio and its affiliates the right to use the name that you submit in connection with such Submissions in our sole discretion. MACHINIO 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 AND SERVICES 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.

Machinio may, but is under no obligation to, monitor and edit or remove any activity or Submission at its sole discretion. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY SUBMISSION POSTED BY YOU, BY US ON YOUR BEHALF OR ANY THIRD PARTY. MACHINIO DOES NOT NECESSARILY ENDORSE ANY OPINION OR STATEMENT CONTAINED IN ANY SUBMISSION.

USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS

Machinio is not a party to and has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions.

Proprietary Rights

You acknowledge and agree that, as between Machinio and you, all right, title, and interest in and to the Site, Services, and the 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 Machinio or its affiliates, suppliers, vendors, merchants, licensors, or other partners or sponsors, and are protected by United States intellectual property and 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, Services or the Content other than as expressly authorized by Machinio in writing.

TRADEMARKS

The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Site are proprietary to Machinio or its affiliates, Subscribers, suppliers, vendors, merchants, licensors, or other partners. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Machinio by the respective trademark owners, or by Machinio of the respective trademark owners. Without limitation, the Marks include trademarks registered in the United States Patent and Trademark Office or in other jurisdictions and owned by Machinio.

PATENTS

One or more patents may apply to the Site, Services, Content and to the products, features, and services accessible via the Site (collectively, “Patents”). Such Patents are the property of Machinio or its affiliates, suppliers, vendors, merchants, licensors, or other partners.

Notice and procedures for making claims of copyright or intellectual property infringement

Machinio in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to Machinio a notice containing the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
your name, address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

For notice of claims of copyright or other intellectual property right infringement, Machinio can be reached by sending a claim to:

Attn: Copyright Agent

admin@machinio.com

Links To Other Websites

The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings 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 the control of Machinio, which is not responsible for their content or privacy practices. Such advertisements, postings, links, or references to other parties’ products or services do not imply Machinio’s endorsement of information, material, products or services of any other party or any other website, or by any other party of Machinio. MACHINIO DISCLAIMS ALL LIABILITY WITH REGARD TO YOUR ACCESS TO AND USE OF SUCH INFORMATION, MATERIAL, PRODUCTS OR SERVICES OR TRANSACTIONS WITH SUCH LINKED WEBSITES OR OTHER PARTIES. You acknowledge and agree that Machinio 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 any other site or resource.

USER REPRESENTATIONS AND WARRANTY

You represent and warrant that (i) your use of the Site will be in strict accordance with these Term 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 will not infringe or misappropriate the intellectual property rights of any third party.

USER INDEMNITY OF MACHINIO

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MACHINIO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, OR PARTNERS, MERCHANTS, ADVERTISERS, AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD 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 MACHINIO, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR MACHINIO; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF MACHINIO OR ANY THIRD PARTY; (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY; OR (D) your use of or reliance on any user SUBMISSIONS.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE PROVIDE THE SITE, CONTENT AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT 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. MACHINIO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.

MACHINIO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA WILL NOT OCCUR. MACHINIO MAKES NO WARRANTIES ABOUT 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 EXTENT PERMITTED BY LAW, MACHINIO 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 MACHINIO’S LIABILITY EXCEED TOTAL FEES PAID TO MACHINIO IN CONNECTION WITH THE SITE, CONTENT OR SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to admin@machinio.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Contracting Entity, Choice of Law & Dispute Resolution

You are contracting with Machinio, Corp. of 2045 W Grand Ave Ste B, Chicago, IL 60612, USA

The laws of the State of New York, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. The arbitration tribunal shall consist of one (1) arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The arbitrator shall have the authority to impose equitable and injunctive relief, as well as to award monetary relief, as the arbitrator deems appropriate. Any arbitration will be administered by the American Arbitration Association, using its Commercial Arbitration Rules, and will take place in the State, City and County of New York, USA, and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.

If your principal place of business is in the United States then you agree that any dispute between you and Machinio arising out of or relating to these Terms, the Privacy Policy, the Site, Services or Content will be decided only by arbitration, individually, and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint”, or “representative” litigation (including in any “private attorney general capacity”) against Machinio.

If your principal place of business is in the People’s Republic of China (“PRC”), the contracting entity of the Terms is GoIndustry-DoveBid (Shanghai) Co., Ltd.(“GIDB SH”) of Room 208, Building 1, No. 3688, Jindu Road, Xinzhuang Industrial Zone, Shanghai. You agree that any dispute between you and GIDB SH arising out of or relating to these Terms, the Privacy Policy, the Site, Services or Content shall be governed by the laws of PRC, and will be firstly resolved by negotiation between you and GIDB SH. If the negotiation fails, either party may submit such dispute to arbitration by Shanghai International Economic and Trade Arbitration Commission (also known as Shanghai International Arbitration Centre, “SHIAC”) in Shanghai in accordance with the arbitration rules of SHIAC in effect at the time of application for arbitration.The arbitral award shall be binding upon the parties thereto.

Termination

We 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 the Terms or other policies and terms posted on the Site or in connection with the Services by you or by someone using your Credentials, as determined in our sole discretion, and Machinio shall not be liable to you or any third party for any such termination, discontinuance of suspension.

In the event we so terminate, discontinue or suspend your account, we will not render, you are not entitled to, and you hereby waive any and all right to receive a refund of any fees paid to Machinio or any portions thereof. Further, you agree not to attempt to use the Site and/or the Services or Content after any such termination, discontinuance of suspension. You may terminate your Machinio account at any time by contacting the address at the end of these Terms; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment for all fees associated with your purchased Services or Content or entitle you to a refund of any payments remitted to Machinio.

MISCELLANEOUS

The Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms 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 Machinio to exercise or enforce any right or provision of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy without the prior written consent of Machinio, and any assignment or transfer in violation of this provision shall be null and void. Machinio shall be permitted to assign its rights hereunder in connection with a merger or similar transaction, or to a company acquiring substantially all of its assets, equity or business without any requirement to obtain consent for such assignment. Machinio reserves the right to seek all remedies available at law and in equity for violations of these Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the 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. The relationship between you and Machinio is one of independent contractors. Neither you nor Machinio will represent that you or it has any 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 specifically provided herein.

QUESTIONS?

If there are any questions regarding these Terms, you may contact us using the information below:

admin@machinio.com