Terms of Service

Terms of Service

Updated on June 9, 2023

Introduction

These Terms of Service (“Terms”) govern your access to and use of [www.glassmachinerylocator.com] (“Site”) operated by Salem Fabrication Technologies Group, Inc., a North Carolina corporation (“Salem”). By using the Site, you agree to be bound by these Terms.

These Terms are an agreement between you and Salem (“Agreement”). The words “we,” “us,” and “our” mean Salem Technologies Group, Inc. The words “user,” “you,” and “your” refer to individuals and legal entities using the Site.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Your Use of the Site

You may use the Site only if you agree to form a contract with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. By using the Site, you represent and warrant that:

you have the legal capacity to contract and agree to comply with the Terms;

you will not use the Site for any illegal or unauthorized purpose;

your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

If you are accepting these Terms and using the Site on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Cookie Policy

The Site uses first- and third-party cookies including, but not limited to, Google Analytics, Kickfire, Gravity forms, and Inspectlet. While some cookies are required for technical reasons in order for the Site to operate, other cookies enable us to track and target the interests of our users to enhance the experience on the Site. Third parties serve cookies through the Site for advertising, analytics, and other purposes.

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences on your web browser. You may also set or amend your web browser controls to accept or refuse cookies.

Your Responsibilities

You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Site.

You agree to not use the Site to (1) Post any Content that is unlawful, harmful, violent illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior; (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Site; (3) promote any illegal activity or enterprise; (4) stalk, harass, bully, impersonate or solicit information from anyone, especially those that are under the age of 18; (5) to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship; (6) pose a privacy or security risk; (7) infringe on anyone’s intellectual property; (8) spam any users with email, junk mail, fraud, schemes, or the like; (9) transmit or upload viruses, worms, or interfere with the Site, or (10) take any action or inaction which we, in our sole judgement, believe is questionable or could cause harm or liability.

Your Content

As users of our Site, all information, including items, messages, offers, purchases, sales, etc. that you post, transmit, or submit through our Site (“Content”) is intended to be shared with other users. By submitting any Content, you hereby represent and warrant that you own all rights to the Content or have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Site. By posting or otherwise transmitting any Content you hereby grant us a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your Content in connection with the operation of the Site, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by users on our Site, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law.

We may refuse to accept or display the Content and may remove or delete all or any portion of the Content at any time. You understand that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not our responsibility. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us.

Any and all Content you upload is not considered confidential and will be treated as public information, and you agree and understand Content is intended to be shared with other users of our Site as well as third parties, all in our sole discretion, and we have no control or liability over what other users do with your Content. You understand and agree that we will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Site.

Purchase and Sale Transactions

Online Purchase. This Site includes the option to buy and sell goods. The purchaser of goods (“Buyer”) acknowledges that it is purchasing the item(s) of equipment (“Equipment”) listed for sale by the current owner of the Equipment (“Selling Owner”) on a website maintained by Salem, and that Salem will endeavor to purchase the Equipment from the Selling Owner and immediately resell such Equipment to Buyer.

Prohibited Items. We prohibit the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation.

Sellers. Selling Owners agree that you have all rights necessary to sell the items you make available, and will describe such items truthfully, accurately, and completely.

Buyers. Buyers are solely responsible for reading and reviewing the item listing before making a purchase.

Acceptance of Order. All orders are subject to acceptance by Salem at its home office in Winston-Salem, North Carolina by an authorized Salem representative.

Payment for Goods. Unless otherwise agreed to, prices on the website do not include taxes, crating, freight, delivery, insurance, dismantling, loading, unloading or installation. Such additional charges shall be paid by Buyer. Payment for the goods shall be made by certified funds in full prior to delivery. All payments shall be made to Salem’s Winston-Salem, North Carolina office. Any bank charges for drafts, wire transfers, etc. shall be paid by Buyer.

Taxes. All personal property, sales, use, excise, import, value added, and similar taxes applicable to the goods, not measured by the income of Salem, shall be paid by Buyer, or Buyer shall provide Salem with a tax exemption number or certificate acceptable to the applicable taxing authorities.

Delivery; Risk of Loss. Buyer shall be responsible for selecting the method of transportation and arranging the pick-up of the Equipment with the Selling Owner. Salem shall not be liable for any damages or loss for failure of or delay in delivery for any reason. Delivery shall be made FOB at the Selling Owner’s facility. Risk of loss and damage to the goods shall pass to Buyer upon delivery of the Equipment by the Selling Owner to the carrier. Claims for goods lost or damaged in transit are Buyer’s responsibility.

Installation. Salem is not responsible for unloading or installation unless Buyer and Salem enter into a separate contract for such services.

Safety Compliance. Buyer shall use, and shall require its employees and agents to use, safety devices, guards, and proper safe operating procedures as set forth in the applicable manuals, instructions, and labels, if supplied. Buyer shall not remove or modify any safety device, guard, label, or warning, if supplied. Buyer shall comply with these requirements and all applicable safety and health laws, standards and regulations. Salem shall have no liability for, and Buyer shall indemnify and save Salem harmless from, any damages, obligation, loss, and expense related to Buyer’s possession or use of the goods. It is Buyer’s responsibility to ensure electrical code compliance of the goods.

Warranty Disclaimer. Equipment may be new or used. ALL EQUIPMENT IS SOLD “AS IS, WHERE IS.” Salem makes no representation, warranties, or guarantees, express or implied, including without limitation, as to merchantability or fitness for a particular purpose. Applicable disclaimer also applies to equipment that is new. Such Equipment may carry a manufacturer’s standard warranty. It is the Buyer’s responsibility to inquire about such warranty.

Limitation Of Liability. In no event shall Salem be obligated or liable to Buyer or any other person, in tort or contract or otherwise, based upon negligence, product liability, strict liability or otherwise, for special, consequential, punitive, incidental, indirect, or similar damages, including but not limited to those based upon any loss or damage resulting from general or particular requirements and needs of Buyer of which Salem may have had reason to know, lost profits or revenue, anticipated savings, goodwill, facility or production downtime, injury to person or property or death, or otherwise. Without limiting the foregoing, Salem shall have no liability or responsibility for damage or loss of use of goods from accident, misapplication, abuse, misuse, improper or substandard unloading or installation, negligence, failure to properly maintain, extra loads, external sources, or repair attempts by unauthorized persons. Under no circumstances will the aggregate liability of Salem for any cause of action related to this agreement or the goods covered hereby exceed the net amount received by Salem for the goods sold hereunder. Any action by Buyer relating to this agreement or the goods covered hereby must be brought within one year of the date of invoice for such goods. This is a commercial transaction.

Using the Site

We give you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you as part of the Site. This license has the sole purpose of enabling you to use and enjoy the benefit of the Site, in the manner permitted by these Terms.

All rights, titles, and interests in and of the Site are and will remain our and our licensors’ exclusive property.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Suggestions “) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Suggestions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third-Party Websites

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

User Data

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

WE MAKE NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.

Limitations of Liability

We are not liable for (1) any Content posted on our Site; (2) purchases, sales, or other obligations that may arise between users; (3) any damages that result through your use of our Site; (4) any negative or critical comments that may be posted by other users through the Site; (5) any of the Third Party Service(s) you may be provided pursuant to Your use of the Site; (6) any third party personally identifiable information you upload or provide to us pursuant to the Site (7) any cost of substitute goods or services.

You are solely responsible for Your interactions with other users, including any purchase or sale transactions. You agree we will have no liability or responsibility with respect to such interactions, purchases, or sales.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.

THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Content; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, And Signatures

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Governing Law

This Agreement shall be governed by and construed in accordance with the domestic laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of North Carolina.

Dispute Resolution

User submits to the jurisdiction of any state or federal court located in Forsyth County, North Carolina in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each party also agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum or objection to venue to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto. Any party may make service on the other party by sending or delivering a copy of the process to the party to be served at the address shown on the first page of this Agreement. Nothing in this Section, however, shall affect the right of any party to serve legal process in any other manner permitted by law or in equity.

Term and Termination

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications

We reserve the right to change, modify, or remove the Content of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

Miscellaneous

This Agreement constitutes the entire agreement and final, complete, and exclusive written expression by Salem and user and may not be changed, amended, or supplemented except by written agreement signed by user and Salem.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

No waiver of any term of this Agreement shall be effective unless made in writing and signed by the party against whom the waiver is asserted. No such waiver shall be a continuing waiver or waiver of any other term or breach or default. The rights and obligations of Salem and user under this Agreement are binding upon and inure to the benefit of each of their respective successors, assigns, trustees, and legal representatives.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.