shop equipment

THIS AGREEMENT is made and entered between Used Shop Equipment.com, located at PO Box 527, Oshtemo, Michigan 49077, hereinafter referred to as USE and the Site User, who wishes to use the services of USE in accordance with USE's policies.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants herein after set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a World Wide Web business, USE provides a format by which buyers and sellers can get together to buy or sell Equipment.

2. CONDITIONS: The Agreement constitute a legal and binding contract between USE and the Site User and does not extend to any other person or entity.

3. WARRANTIES: With respect to the services to be provided herein, the Site User acknowledges that USE makes absolutely no warranties whatsoever, express or implied. As a result, the Site User agrees that USE shall not be liable to the Site User for any claims, damages or loss of profit which may be suffered by the Site User or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4. INFORMATION: The utilization of any data or information received by the Site User from the utilization of the service to be provided by USE is at the Site User's sole and absolute risk. USE specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. BUYING AND SELLING: By buying or selling via this site the Site User is making an agreement with another buyer or seller. USE is only providing a platform by which these two people can get together.

6. COMMISSION PAYMENT: In the event that the Site User fails to pay for such services, USE shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

7. UNILATERAL SERVICE REVOCATION: In the event that USE may at any time believe that the service is being utilized for unlawful purposes by the Site User or in contravention with the terms and provisions herewith, USE may immediately discontinue such service to the Site User without liability. This will include failure to pay, unsolicited email and spamming or posting unacceptable content.

8. INDEMNIFICATION: The Site User shall indemnify and hold harmless USE from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgements, costs and expenses that may be initiated against USE and USE's officers, directors, and employees for any service provided to Site User by USE to include content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

9. CHANGES IN TERMS OF AGREEMENT: USE reserves the right to make changes to the terms and conditions of this Agreement at any time. Utilization of the service by the Site User following the effective date of such change shall constitute acceptance by the Site User of such change(s).

10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and services constitute the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

11. RELATIONSHIP: The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Site User an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

12. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Michigan in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Kalamazoo County, Michigan. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

13. SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

14. INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the
Machine Shop Industries. This Agreement shall be construed in accordance with its fair meaning and not against the
drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By posting and ad, Site User agrees to all the terms and conditions of this Agreement.
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