Terms of Use

TERMS OF USE

READ CAREFULLY.

This Terms of Use Agreement (“Terms of Use”) applies to use of the Mazzotta Rentals websites located at https://www.mazzottarentals.com and http:// http://stores.ebay.com/Mazzotta-Rentals-Equipment-Auctions?_rdc=1 (collectively, the “Site”). The Site is the property of Mazzotta Rentals, Inc. (together with its affiliated companies, “Mazzotta Rentals”). Before accessing account information, you must first establish a customer account (“My Account”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.

Mazzotta Rentals reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes manifests your agreement to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, Mazzotta Rentals grants you (“End User”) a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1. Content, Copyright and Trademark Notice.

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to Mazzotta Rentals, and is protected by copyright and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Mazzotta Rentals’ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and Mazzotta Rentals reserves all rights not expressly granted hereunder. Mazzotta Rentals expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

MAZZOTTA RENTALS, the Mazzotta Rentals’ placard logo design and other trademarks used on the Site, are registered trademarks or service marks of Mazzotta Rentals. All other trademarks or service marks are property of their respective owners. The use of any Mazzotta Rentals trademark or service mark without Mazzotta Rentals’ express written consent is strictly prohibited.

2. Registration, Customer Account and Use of Site.

Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining your company and Account information up-to-date and current, including your insurance when required. You agree to notify Mazzotta Rentals immediately of any unauthorized use of your Account, or any other breach of security. You may be held liable for losses incurred by Mazzotta Rentals or any other user of the Site due to someone else using your password or Account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated, and Mazzotta Rentals may seek other relief. You agree to provide us with accurate, current and complete information about yourself and your billing information. To update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, please contact our customer service center at 1-888-GET-LIFT or, mail your request to: Mazzotta Rentals, Billing Department, P.O. Box 133, Middletown, CT 06457. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that Mazzotta Rentals may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Mazzotta Rentals will not be liable to you or to any third party for termination of your access to the Site.

Mazzotta Rentals reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

3. Consent to Collection, Use and Disclosure of Your Personal Information.

Users must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

Any information collected through our Site may be stored and processed.

While Mazzotta Rentals takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MAZZOTTA RENTALS OR ITS DIVISIONS/AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MAZZOTTA RENTALS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent to Our Communication with You by E-Mail.

By establishing an Account with us, and each time you make a purchase, request a quote, or otherwise use our Site, you grant permission for Mazzotta Rentals to contact you at your e-mail address. To stop receiving our marketing emails, please contact our Customer Service Center at:

Attn.: Customer Service
Mazzotta Rentals, Inc.
P.O. Box 133
Middletown, CT 06457

Please be sure to include your full name, address, telephone number and email address so that we may reach you. You may also call 1-888-GET-LIFT (1-888-438-5438).

5. Conditions of Sale and Payment Terms.

To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

6. Methods of Payment, Credit Card Terms and Taxes.

All payments must be made by VISA, MasterCard, Discover, American Express, certified check or cashier’s check, or, in certain cases with prior approval, purchase order, personal check or business check. We currently do not accept cash, personal or business checks, PayPal or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT MAZZOTTA RENTALS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Mazzotta Rentals of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Mazzotta Rentals does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Mazzotta Rentals or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Mazzotta Rentals shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required.

7. Order Acceptance Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Mazzotta Rentals reserves the right at any time after receipt of your order to accept or decline your order for any reason. Mazzotta Rentals further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Mazzotta Rentals upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order.

8. No Responsibility to Sell Mispriced Products or Services.

Mazzotta Rentals shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Mazzotta Rentals shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Mazzotta Rentals shall immediately issue a credit to your credit card account in the amount of the charge.

9. Modifications to Prices or Billing Terms.

MAZZOTTA RENTALS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

10. Service and Support for Goods Sold.

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

11. Indemnification.

By using the Site, you agree to defend, indemnify and hold harmless Mazzotta Rentals, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to (i) your use of the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; and (iv) a claim alleging your negligence or willful misconduct related to the Site or Content, or the provision of any products or services to you by Mazzotta Rentals. You may not settle any claim without the prior written consent of Mazzotta Rentals, which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify Mazzotta Rentals for its own wrongful acts or omissions or sole negligence.

12. Disclaimer of Warranties.

THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. MAZZOTTA RENTALS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY AND DAMAGES

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.

IN NO EVENT SHALL MAZZOTTA RENTALS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE MAZZOTTA RENTALS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MAZZOTTA RENTALS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF UNITED RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT MAZZOTTA RENTALS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO MAZZOTTA RENTALS BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF MAZZOTTA RENTALS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

14. Claims of Copyright Infringement.

Copyright

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Mazzotta Rentals will remove or disable infringing material uploaded, posted, or submitted by any customer, vendor, or other third party who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. Except as provided by law, Mazzotta Rentals shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement In addition, pursuant to 17 U.S.C. § 512(c), Mazzotta Rentals has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your copyright has been infringed through the Site, please contact our Legal Department at:

Attn: Legal Department
Mazzotta Rentals, Inc.
77 Boston Road
P.O. Box 133
Middletown, CT 06457

Or, via facsimile at (860) 347-8410.

15. LINKS TO THIRD PARTY WEBSITES.

This Site may contain links to websites maintained by third parties. All links are provided for your reference only. Mazzotta Rentals does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different privacy policies. Please check these policies before using these sites. You assume sole responsibility for use of third-party links.

16. General.

No delay or failure to take action under these Terms of Use shall constitute any waiver by Mazzotta Rentals of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Mazzotta Rentals’ permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use shall be governed by the laws of the State of Connecticut without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Middlesex County, in the State of Connecticut. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Mazzotta Rentals may freely assign thse Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the relevant Usage Rules) constitutes the complete and exclusive agreement between Mazzotta Rentals and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Mazzotta Equipment Rentals and Mazzotta Machinery (Global Distributors of Quality Equipment) are divisions of: Mazzotta Rentals, Inc.

Locations

Connecticut:
77 Boston Road
Middletown, CT 06457
P: 860-344-0178
F: 860-347-8410
E: Info@mazzottaequipment.com

Massachusetts:
90 Industrial Lane
Agawam, MA 01001
P: 413-301-7105
E: Info@mazzottaequipment.com

Service Areas

Connecticut
Massachusetts
Rhode Island
New York
New Hampshire
Vermont

Equipment Wholesale Division

Mazzotta Machinery
P: 778-836-6677
E: Clayton@mazzottaequipment.com

 

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