TERMS AND CONDITIONS OF USE AND PRIVACY POLICY -
Firstenberg Machinery Company, Inc. WEB SITE
The following Terms and Conditions of Use, and Privacy
Policy fully apply to the Firstenberg Machinery Company,
Inc"s web site and its products and services.
Following are the terms and conditions that govern your use
of this site, its products and services, and your Agreement
with Firstenberg Machinery Company, Inc.
Ownership of This Web site
This web site is owned and operated by Firstenberg
Machinery Company, Inc.. All of the content featured or
displayed on this web site, including, but not limited to,
text, graphics, photographs, images, moving images, sound,
illustrations and software ("Content"), is owned by
Firstenberg Machinery Company, Inc.. All elements of
Firstenberg Machinery Company, Inc. web sites, including,
but not limited to, the general design and the Content, are
protected by trade dress, copyright, moral rights,
trademark and other laws relating to intellectual property
rights. Except as explicitly permitted under this or
another agreement with Firstenberg Machinery Company, Inc.
no portion or element of this web site or its Content may
be copied or retransmitted via any means and this web site,
its Content and all related rights shall remain the
exclusive property of Firstenberg Machinery Company, Inc.
You shall indemnify Firstenberg Machinery Company, Inc.
against any losses, expenses, costs or damages incurred by
any or all of them as a result of your breach of the terms
of this Agreement or your unauthorized use of the Content
and related rights.
PRIVACY POLICY
Firstenberg Machinery Company, Inc. fully respects your
rights to privacy and utilizes the following practices in
regards to any information we are provided or obtain about
users of this web site.
Email
If you request us to send you promotional materials, we may
do so using either the email or the mailing addresses you
provided on the information screens. From time to time we
may notify you of special promotions, new products or
services, or other information that may interest you. We do
not share any information you provide to us, including your
email and mail addresses, with any companies outside
Firstenberg Machinery Company, Inc., Should you not wish to
receive this type of information, you will be able to
express this desire by clicking on the appropriate button
or checkbooks when first asked to respond to the issue, or
by modifying your profile at anytime thereafter -- we will
not send you information if you inform us you do not wish
to receive such materials.
THIS WEB SITE, ITS CONTENT AND ALL SALES ARE PROVIDED "AS
IS" AND Firstenberg Machinery Company, Inc. EXCLUDES TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED
ON, OR IN THE MATERIALS OF, THIS WEB SITE ARE NOT WARRANTED
TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Firstenberg
Machinery Company, Inc., ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE
OF THIS WEB SITE.
Except as specifically stated in these Terms and Conditions
of Use, the Privacy Policy, or elsewhere on this web site,
or as otherwise required by applicable law, neither
Firstenberg Machinery Company, Inc. nor its directors,
employees, licensors, content providers, affiliates or
other representatives will be liable for damages of any
kind (including, without limitation, lost profits, direct,
indirect, compensatory, consequential, exemplary, special,
incidental, or punitive damages) arising out of your use
of, your inability to use, or the performance of this web
site or the Content whether or not we have been advised of
the possibility of such damages.
Firstenberg Machinery Company, Inc. uses reasonable efforts
to ensure the accuracy, correctness and reliability of the
Content, but we make no representations or warranties as to
the Content's accuracy, correctness or reliability.
There may be links to other web sites from the Firstenberg
Machinery Company, Inc."s web site; however, these other
web sites are not controlled by Firstenberg Machinery
Company, Inc. and we are not responsible for any content
contained on any such web site or any loss suffered by you
in relation to your use of such web sites. You waive any
and all claims against Firstenberg Machinery Company, Inc.
regarding the inclusion of links to outside web sites or
your use of those web sites.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed
by the laws of the State of California, USA, without
reference to its laws relating to conflicts of law and not
including the provisions of the 1980 United Nations
Convention on Contracts for the International Sale of
Goods. Venue for all disputes arising under this Agreement
shall lie exclusively in the Superior Courts of the State
of California in Marin County or the Federal District
Courts of Northern California (as permitted by law) and
each party agrees not to contest the personal jurisdiction
of these courts.
No action of Firstenberg Machinery Company, Inc., other
than an express written waiver or amendment, may be
construed as a waiver or amendment of any of these Terms
and Conditions of Use or Privacy Policy. Should any clause
of these Terms and Conditions of Use or Privacy Policy be
found unenforceable, wherever possible this will not affect
any other clause and each will remain in full force and
effect.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL
AGREEMENT BETWEEN YOU AND Firstenberg Machinery Company,
Inc. PLEASE MAKE SURE YOU HAVE READ THIS AGREEMENT
("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE
THIS WEB SITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEB
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
GENERAL
You may not decompile, reverse engineer, disassemble or
otherwise reduce to human-readable form any information
contained on this web site. All rights to the Digital
Imagery, Software and information are owned by Firstenberg
Machinery Company, Inc. and/or its licensors and are
protected by United States copyright laws, international
treaty provisions and other applicable laws. Firstenberg
Machinery Company, Inc. and its licensors retain all rights
not expressly granted by this agreement. Firstenberg
Machinery Company, Inc. Quote Disclaimer
All equipment quoted subject to prior sale or other
disposition without notice. Equipment information is
intended for a general description of item quoted - not as
specifications of the equipment. Any equipment
specifications needed should be obtained direct from
manufacturer and is the responsibility of the buyer of the
equipment. NOTICE TO BUYER If any equipment is purchased by
BUYER from Firstenberg Machinery Company, Inc. as a result
of using this web site, it is understood that - the
equipment being sold under the agreement represented has
been previously used. By acceptance of the equipment and
other products purchased, buyer and seller understand and
agree as follows: neither seller [Firstenberg Machinery
Company. Inc.] nor it's employees, are in the business of
manufacturing or performing maintenance on any equipment.
Seller is a broker of equipment only, and may not have
inspected , operated, or even taken possession of such
equipment. Seller makes no express warranties with respect
to such equipment, and buyer understands that all implied
warranties are excluded from the sale. Buyer hereby
represents to seller that buyer is sophisticated and
experienced, for all purposes, in the use, inspection and
evaluation of such equipment. The entire risk as to the
safety, quality, and/or performance of the equipment is
with the buyer. Buyer hereby agrees to indemnify, defend
and hold seller harmless from and against any litigation
which may result [or claim thereof] from the transaction
represented by the invoice and the equipment to which it is
subject. The agreement represented by the invoice shall be
construed and governed in accordance with the laws of the
State of California, to the jurisdiction of whose court or
the Federal District Court Of Northern California.
We reserve the right to change these Terms and Conditions
of Use, the Privacy Policy, prices, information and
available contractual license terms featured on this web
site without notice. These conditions set out the entire
agreement with Firstenberg Machinery Company, Inc. and your
use of this web site.