Terms of Service
These Terms of Service ("Terms") govern your access to and use of Equipment Finance
Advisor’s website, and any information, text, graphics, photos or other materials
uploaded, downloaded or appearing on the web site (collectively referred to as "Content").
Your access to and use of the web site is conditioned on your acceptance of and
compliance with these Terms. By accessing or using the web site you agree to be
bound by these Terms.
You are responsible for Content you post. The Content you submit, post, or display
will be able to be viewed by other users of the web site and through third party
web site and websites page to control who sees your Content. You should only provide
Content that you are comfortable sharing with others under these Terms. The web
site that Equipment Finance Advisor provides may change from time to time without
prior notice to you. In addition, Equipment Finance Advisor may stop (permanently
or temporarily) providing the web site to you or to users generally and may not
be able to provide you with prior notice. We also retain the right to create limits
on use and storage at our sole discretion at any time without prior notice to you.
Web site may include advertisements, which may be targeted to the Content or information
on the web site, queries made through the web site, or other information. In consideration
for Equipment Finance Advisor granting you access to and use of the web site, you
agree that Equipment Finance Advisor and its third party providers and partners
may place such advertising on the web site or in connection with the display of
Content or information from the web site whether submitted by you or others.
Any information that you provide to Equipment Finance Advisor is subject to our
that through your use of the web site you consent to the collection and use (as
this information to the United States and/or other countries for storage, processing
and use by Equipment Finance Advisor. As part of providing you the Web site, we
may need to provide you with certain communications, such as service announcements
and administrative messages. These communications are considered part of the Web
site and your Equipment Finance Advisor account, which you may not be able to opt-out
from receiving. You can opt-out of most communications from Equipment Finance Advisor
including The Advisor eBlast.
You are responsible for safeguarding the password that you use to access the web
site and for any activities or actions under your password. We encourage you to
use "strong" passwords (passwords that use a combination of upper and lower case
letters, numbers and symbols) with your account. Equipment Finance Advisor cannot
and will not be liable for any loss or damage arising from your failure to comply
with the above requirements.
Content on the Web site
All Content, whether publicly posted or privately transmitted, is the sole responsibility
of the person who originated such Content. We may not monitor or control the Content
posted via the web site and, we cannot take responsibility for such Content. Any
use or reliance on any Content or materials posted via the web site or obtained
by you through the web site is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Content or communications posted via the web site
or endorse any opinions expressed via the web site. You understand that by using
the web site, you may be exposed to Content that might be offensive, harmful, inaccurate
or otherwise inappropriate, or in some cases, postings that have been mislabeled
or are otherwise deceptive. Under no circumstances will Equipment Finance Advisor
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise made available
via the web site or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through
the web site. By submitting, posting or displaying Content on or through the web
site, you grant us a worldwide, non-exclusive, royalty-free license (with the right
to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit,
display and distribute such Content in any and all media or distribution methods
(now known or later developed).
You agree that this license includes the right for Equipment Finance Advisor to
make such Content available to other companies, organizations or individuals who
partner with Equipment Financed Advisor for the syndication, broadcast, distribution
or publication of such Content on other media and web site, subject to our terms
and conditions for such Content use.
Such additional uses by Equipment Finance Advisor, or other companies, organizations
or individuals who partner with Equipment Finance Advisor, may be made with no compensation
paid to you with respect to the Content that you submit, post, transmit or otherwise
make available through the web site.
We may modify or adapt your Content in order to transmit, display or distribute
it over computer networks and in various media and/or make changes to your Content
as are necessary to conform and adapt that Content to any requirements or limitations
of any networks, devices, web site or media.
You are responsible for your use of the web site, for any Content you provide, and
for any consequences thereof, including the use of your Content by other users and
our third party partners. You understand that your Content may be rebroadcasted
by our partners and if you do not have the right to submit Content for such use,
it may subject you to liability. Equipment Finance Advisor will not be responsible
or liable for any use of your Content by Equipment Finance Advisor in accordance
with these Terms. You represent and warrant that you have all the rights, power
and authority necessary to grant the rights granted herein to any Content that you
Equipment Finance Advisor Rights
All right, title, and interest in and to the web site (excluding Content provided
by users) are and will remain the exclusive property of Equipment Finance Advisor
and its licensors. The Web site is protected by copyright, trademark, and other
laws of the United States. Nothing in the Terms gives you a right to use the Equipment
Finance Advisor name or any of the Equipment Finance Advisor trademarks, logos,
domain names, and other distinctive brand features.
Restrictions on Content and Use of the Web site
We reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content on the web site and to terminate users or reclaim
usernames. Please review the Equipment Finance Advisor Rules (which are part of
these Terms) to better understand what is prohibited on the Service. We also reserve
the right to access, read, preserve, and disclose any information as we reasonably
believe is necessary to (i) satisfy any applicable law, regulation, legal process
or governmental request, (ii) enforce the Terms, including investigation of potential
violations hereof, (iii) detect, prevent, or otherwise address fraud, security or
technical issues, (iv) respond to user support requests, or (v) protect the rights,
property or safety of Equipment Finance Advisor, its users and the public.
Equipment Finance Advisor does not disclose personally identifying information to
You may not do any of the following while accessing or using the Web site: (i) access,
tamper with, or use non-public areas of the Web site, Equipment Finance Advisor’s
computer systems, or the technical delivery systems of Equipment Finance Advisor’s
providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access or
search or attempt to access or search the web site by any means (automated or otherwise)
other than through our currently available, published interfaces that are provided
by Equipment Finance Advisor (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement with
Equipment Finance Advisor (NOTE: crawling the web site is permissible if done in
accordance with the provisions of the robots.txt file, however, scraping the web
site without the prior consent of Equipment Finance Advisor is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any
email or posting, or in any way use the web site to send altered, deceptive or false
source-identifying information; or (v) interfere with, or disrupt, (or attempt to
do so), the access of any user, host or network, including, without limitation,
sending a virus, overloading, flooding, spamming, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the web
Equipment Finance Advisor respects the intellectual property rights of others and
expects users of the web site to do the same. We will respond to notices of alleged
copyright infringement that comply with applicable law and are properly provided
to us. If you believe that your Content has been copied in a way that constitutes
copyright infringement, please provide contact us immediately with details regarding
this copyright infringement with your contact information.
We reserve the right to remove Content alleged to be infringing without prior notice
and at our sole discretion. In appropriate circumstances, Equipment Finance Advisor
will also terminate a user’s account if the user is determined to be a repeat infringer.
The web site is available "AS-IS"
Your access to and use of the web site or any Content is at your own risk. You understand
and agree that the Web site is provided to you on an "AS IS" and "AS AVAILABLE"
basis. Without limiting the foregoing, EQUIPMENT FINANCE ADVISOR AND ITS PARTNERS
DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility
and liability for the completeness, accuracy, availability, timeliness, security
or reliability of the web site or any content thereon. Equipment Finance Advisor
will not be responsible or liable for any harm to your computer system, loss of
data, or other harm that results from your access to or use of the web site, or
any Content. You also agree that Equipment Finance Advisor has no responsibility
or liability for the deletion of, or the failure to store or to transmit, any Content
and other communications maintained by the web site.
The Web site may contain links to third-party websites or resources. You acknowledge
and agree that we are not responsible or liable for: (i) the availability or accuracy
of such websites or resources; or (ii) the content, products, or web site on or
available from such websites or resources. Links to such websites or resources do
not imply any endorsement by Equipment Finance Advisor of such websites or resources
or the content, products, or web site available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EQUUIPMENT FINANCE ADVISOR AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL,
OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY
TO ACCESS OR USE THE WEB SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON
THE WEB SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEB
SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, WHETHER OR NOT EQUIPMENT FINANCE ADVISORE HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of Equipment Finance Advisor to enforce any right or provision of these
Terms will not be deemed a waiver of such right or provision. In the event that
any provision of these Terms is held to be invalid or unenforceable, the remaining
provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State
of Pennsylvania without regard to or application of its conflict of law provisions
or your state or country of residence. All claims, legal proceedings or litigation
arising in connection with the web site will be brought solely in Delaware County,
Pennsylvania, and you consent to the jurisdiction of and venue in such courts and
waive any objection as to inconvenient forum. If you are accepting these Terms on
behalf of a United States federal government entity that is legally unable to accept
the controlling law, jurisdiction or venue clauses above, then those clauses do
not apply to you but instead these Terms and any action related thereto will be
will be governed by the laws of the United States of America (without reference
to conflict of laws) and, in the absence of federal law and to the extent permitted
under federal law, the laws of the State of California (excluding choice of law).
entire and exclusive agreement between Equipment Finance Advisor and you regarding
the web site, and these Terms supersede and replace any prior agreements between
Equipment Finance Advisor and you regarding the Web site. Other than members of
the group of companies of which Equipment Finance Advisor is the parent, no other
person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always
be at equipmentfa.com/tos. By continuing to access or use the Web site after those
revisions become effective, you agree to be bound by the revised Terms.
These Web site are operated and provided by Equipment Finance Advisor, Inc., 975
Mill Road, Suite G Bryn Mawr, PA 19010 . If you have any questions about these Terms,
please contact us.
Effective: October 16, 2011