1. Acceptance of Terms
By accessing or using the website located at www.scottglobalmachinery.com, the "Site", operated by Scott Global Machinery, LLC, you agree to be bound by these Website Terms of Use. If you do not agree to these Terms, do not use the Site. We may update these Terms from time to time as described in Section 11; continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
2. Registration and Contact Information
The Site allows you to register and submit inquiries regarding equipment listings. Registration allows you to provide contact information (such as your name, email address, phone number, and company name) so that we may respond to your inquiries and facilitate potential transactions. Registration does not create a password-protected or login-secured account at this time. By registering or submitting an inquiry, you represent that the information you provide is accurate and current, and you consent to being contacted by us regarding your inquiry. See our Privacy Policy for details on how we handle your information.
3. Use of the Site
You agree to use the Site only for lawful purposes related to legitimate inquiries about, or purchases of, equipment listed on the Site. You agree not to:
- • Use the Site to submit false, misleading, or fraudulent inquiries;
- • Attempt to interfere with, disrupt, or gain unauthorized access to the Site or its underlying systems;
- • Copy, reproduce, or redistribute Site content (including equipment listings, photographs, descriptions, or pricing) for commercial purposes without our prior written consent;
- • Use automated means (bots, scrapers, or similar tools) to extract data from the Site without authorization.
4. Equipment Listings
Equipment listed on the Site may be owned by Scott Global Machinery, or may be listed on behalf of third-party owners under a consignment or advertising authorization arrangement. Listings are for informational purposes only and do not themselves constitute an offer capable of acceptance; all sales are subject to a separate written Sale Terms agreement and, where applicable, a bill of sale. Equipment specifications, hours, condition, and pricing shown on the Site are provided by us or by the equipment owner and are believed accurate but are not guaranteed; we encourage all prospective buyers to independently inspect equipment prior to purchase.
5. Intellectual Property
All content on the Site, including text, photographs, graphics, logos, and the Scott Global Machinery name and marks, is owned by or licensed to Scott Global Machinery and is protected by applicable intellectual property laws. You may not use, reproduce, or distribute any Site content without our prior written permission, except as necessary to evaluate a potential purchase.
6. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED SALE TERMS AGREEMENT OR BILL OF SALE FOR A SPECIFIC EQUIPMENT PURCHASE. We do not warrant that the Site will be uninterrupted, error-free, or secure.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOTT GLOBAL MACHINERY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (AS DISTINCT FROM ANY COMPLETED EQUIPMENT PURCHASE, WHICH IS GOVERNED BY THE SALE TERMS) WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). Nothing in these Terms limits liability that cannot be limited under applicable law.
8. Indemnification
You agree to indemnify and hold harmless Scott Global Machinery, its members, officers, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Site.
9. Export Control and Sanctions Compliance
Browsing the Site does not, by itself, subject any visitor to export control or sanctions restrictions. However, if you enter into a transaction to purchase equipment, you agree to comply with all applicable U.S. export control laws and economic sanctions regulations, including those administered by the U.S. Department of Commerce (Export Administration Regulations) and the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"). You represent, at the time of any purchase, that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted-party list. We reserve the right to decline or cancel any transaction where we reasonably believe these representations are inaccurate.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Maricopa County, Arizona, except that either party may seek injunctive relief in a court of competent jurisdiction in Maricopa County, Arizona, to prevent irreparable harm.
11. Changes and Termination
We may modify these Terms at any time by posting the revised Terms on the Site with an updated effective date. We may also suspend or terminate your access to the Site at our discretion, including for violation of these Terms. Sections 5 through 10 survive any termination of your use of the Site.
12. General
If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy and any Sale Terms applicable to a specific transaction, constitute the entire agreement between you and Scott Global Machinery regarding the Site. Our failure to enforce any provision is not a waiver of our right to do so later.
13. Contact
Questions about these Terms may be directed to rick.scott@sgmach.com or +1 602 622 4491