Effective Date / Last Updated: January 18, 2023
THESE TERMS SOLELY APPLY TO THE SITE AND THE CONTENT. THESE TERMS DO NOT SUPERSEDE OR REVOKE ANY WARRANTIES OR LIMITATIONS OF LIABILITY THAT APPLY TO PRODUCTS OR SERVICES OFFERED OR SOLD BY ASPEN UNDER A SEPARATE WRITTEN AGREEMENT.
BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. BY ACCESSING OR USING THE SITE AFTER WE POST CHANGES TO THE SITE, YOU AGREE TO THOSE CHANGES. WE WILL CONSPICUOUSLY POST MAJOR CHANGES TO THESE TERMS TO THE SITE OR THROUGH A SEPARATE COMMUNICATION TO YOU.
- Content. The content of this Site includes certain text, documents, images, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, other components, and the design, selection, and the arrangement of those materials. (“Content”) The Site, its Content and all intellectual property rights in in the Site and its Content are exclusively the property of ASPEN or its licensors. Except for the limited rights granted to you in Section 3 (“Use Rights”), ASPEN reserves all other rights in and to the Site and Content, including all related intellectual property rights. ASPEN provides the Site and Content as a convenience to provide general information about our Company, our products and services.
- Use Rights. You may only use the Site or Content for your personal, non-exclusive use, so long as you comply with these Terms, all other terms posted throughout the Site and all applicable laws. You may not make any commercially exploit of the Site or Content.
- Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to ASPEN or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
- Trademarks. ASPEN owns certain trademarks, names, logos, insignia, or service marks (“Trademarks”). You do not have the right to use any Trademarks except as expressly agreed to in writing by ASPEN. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or copyrighted materials without such third-party’s consent.
- Accounts. Customers may request an account for use of the ASPEN Direct online portal. (“Account”) To request an account with ASPEN Direct, you will be asked to provide your name, e-mail address, phone number, and employment/company information. You also must acknowledge and agree to these Terms to create an account. You must provide accurate information when setting up an account and keep all account information current.
You are responsible for maintaining the confidentiality of your Account and password. You are solely responsible for all uses of your password and Account, including any unauthorized use. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or Account.
You acknowledge and agree that we are authorized to act on instructions received through use of your password and Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or Account without prior notice if we believe your password and Account are being used by someone other than you, or for any other reason.
- Restrictions on Your Use of the Site. You may NOT take any of the following actions when accessing and using the Site, your Account, or the Content:
- Copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without ASPEN’s prior written consent.
- Use the Site or your Account for unlawful purposes.
- Submit inaccurate, incomplete, or out-of-date information via the Site or your Account, commit fraud or falsify information in connection with your use of the Site or your Account.
- Engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
- Access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- Use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
- Engage in activities that aim to render the Site or your Account inoperable or to make their use more difficult.
- Fame, mirror or circumvent the navigational structure of any part of the Site.
- Upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights; or (iv) violates applicable laws.
- Engage in any conduct while using the Site that ASPEN considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
- Feedback and Other Content Submitted By You. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Social Media. Links to ASPEN’s social media pages (e.g., Facebook, YouTube, Twitter, Instagram and LinkedIn) are included on the Site (“Social Media Pages“). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect ASPEN’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
- NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASPEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
ASPEN MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. ASPEN DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. ASPEN DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASPEN OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, ATTORNEYS, PROFESSIONAL ADVISORS OR LICENSORS (TOGETHER, “ASPEN PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN ASPEN PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE, THE CONTENT AND YOUR ACCOUNT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ASPEN PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 USD, EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE ASPEN PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE, ANY CONTENT OR YOUR ACCOUNT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION OBLIGATIONS).
The Site also contains certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that ASPEN has reviewed the third-party Content or that there is any association between ASPEN and any third party. You access third-party Content at your sole risk. ASPEN has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.
- Linking to the Site. You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of ASPEN. If ASPEN grants you a right to link to this Site, certain terms may apply and ASPEN reserves the right to revoke such consent at any time. You are responsible for any costs incurred by ASPEN in enforcing its rights under this Section.
- Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site, Content or your Account, and we may restrict your access to the Site, Content and Account. ASPEN may suspend or terminate the Site, any Content or your Account, in whole or in part, at any time in its sole discretion for any reason. ASPEN shall not be liable to you or anyone else for any damages arising from or related to our suspension or termination of your access to the Site, your Account or the Content, or in the event ASPEN modifies, discontinues or restricts the availability of the Site, your Account or the Content (in whole or in part).
- Site Unavailability. The Site, your Account and the Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, pandemics, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
- Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
- Viruses. You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site. We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.
- Cooperation with Law Enforcement. ASPEN will cooperate with law enforcement if you are suspected of having violated applicable laws in using the Site or the Content. YOU WAIVE AND HOLD ASPEN AND THE ASPEN PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
- Children’s Information. The Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using the Site.
- Disputes. These Terms, and your access to and use of the Site, your Account and the Content, are governed by the laws of the State of Wisconsin, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Milwaukee County, Wisconsin. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site, your Account or the Content must be commenced within one year after the cause of action or claim arises.
- Use in the United States. This Site is intended for use in the United States only. We do not guarantee that use of this Site will be available or permitted in any location other than the United States. If you choose to access this Site from a location other than the United States, you do so at your own risk. THE EXISTENCE OF THIS SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS ASPEN OR THE ASPEN PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of ASPEN’s successors and assigns.
- Entire Agreement. These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and ASPEN with respect to your access to and use of the Site.
- Waiver. ASPEN’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ASPEN.
- Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and ASPEN may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Aspen Equipment, LLC
9150 Pillsbury Ave. S
Bloomington, MN 55420
Tel: (1) 952 888 2525