This Term of Use Agreement (the Agreement) is effective January 1st, 2017 by and between the Machinery Marketplace, hereinafter referred to as Marketplace, accessed via and owned and operated by Web Horsepower with a business address of 1400 Preston Rd Suite 400, Plano, Texas 75093, and all current and future users of Machinery Marketplace hereinafter referred to as "User".


By accessing, browsing or using the website (“Site”) or by selecting “Check to agree with our Term of Use Agreement” during the membership registration, you represent that you have read, understand and agree to be bound by the terms and conditions of this Term of Use Agreement hereinafter referred to as Agreement.


  1. Nature of the Service

The Marketplace is a buyer-seller data exchange social network. This socialization shall include reading the profile pages of other members and possibly even contacting them. The Marketplace provides to its members benefits such as but not exclusive to: Registered users may post their products and services, personal and business contact information, and advertisement. The Marketplace works like an online commerce and community of internet users.


  1. User Registration and Information

Member shall fill in the correct information requested in the User Registration form on the site. Member shall be required to promptly update the User Information on the site upon any changes. Member shall select a username and password during the User Registration process. Member shall be responsible for: a) all use of the Site made by the Members’ username and password, and b) maintaining the confidentiality of the Members’ username and password.


  1. Content Ownership & Use

The Content includes, but not limited to, dealerships’ location address, contact names, equipment data, messages, sales leads, forums, groups, and/or other information posted by the members of the Marketplace. Member is deemed to grant the Marketplace the nonexclusive rights to own, post, display, copy, use and modify the Content in connection with the operation of the Site and the Marketplace’s business. Further, the Member is deemed to grant the Marketplace the nonexclusive right to post, display, copy, and sell the Content within the limitations set by the Member. Member is also deemed to authorize the Marketplace to disclose his/her personal data when the Member includes such personal data in the content.


  1. Information Accuracy

Member shall provide accurate information. Upon request, Member agrees to provide proof to re-affirm the information is accurate. The Marketplace has nonexclusive rights to remove any Content without noticing Member and/or acquiring Member’s approval.


  1. Contact Allowance

Member shall grant the Marketplace, and its owner(s) and operator(s) full right to contact Member, not more than two (2) times per day, via email, mailing address and/or phone calls for news announcement and/or advertisement of related products and services.


  1. Release

If the Member has a dispute with one or more other Members and/or any other parties, the Member shall release the Marketplace (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


  1. Privacy

Marketplace shall not sell or rent Member’s personal information to third parties without Member’s explicit consent. Marketplace shall store and process Member’s information on computers located in the United States that are protected by physical as well as technological security devices. However, the Marketplace shall be permitted to access, modify and use Member’s information in related business of the Marketplace.


  1. Professionalism

Members shall keep professional tone and language on their posts including, but not limited to, comments, suggestions, equipment data, promotions, news blog, etc. All language deem profaned, unprofessional or alike will be automatically removed without notice and/or Member’ consent. Repeating violations may result account termination.


  1. Indemnity

Member shall indemnify and hold the Marketplace (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member’s breach of this Agreement, or Member’s violation of any law or the rights of a third party.


  1. Conflict of Interest

Member shall not compete directly against the Marketplace’s business. Member shall not contact other Members and/or Site’s users with the purpose of directing Marketplace’s traffic and users to another site. Member shall not discuss and/or offer employment to the Marketplace’s employees and contractors. Member shall not make offers to the Marketplace’s employees and contractors with the intension to gain special access to the Marketplace. Member shall not take advantage of the Marketplace’s technical inabilities and deficiency for personal gain.


  1. Terminating Membership

Member shall choose to retire or delete the published content from the Marketplace’s site and it shall be no longer available or visible to other users. Terms regarding the status of the uploaded content shall remain applicable when the Member chooses to terminate the membership. Contents posted to the site, other than the published content, shall not be deleted or retired as a result of the Members termination.


In case of Member’s violation of the Agreement or Member stays inactive for extend period of time, the Marketplace shall impose rules to deactivate expired data and eventually entire account with noticing Member and/or acquiring Member’s approval. The Marketplace shall exercise its best abilities to maintain the Marketplace’s information as current, accurate and relevant to its viewers as possible.


  1. Governing Law

This Agreement shall be construed under and governed in accordance with the laws of the Texas.


  1. Arbitration.

Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association.


  1. Limitation of Liability

Member shall not hold Marketplace responsible for other user content, actions or inactions. User has the right to report issues and/or file complaints directly with the Marketplace.


  1. Receive Email Communications

Member agrees to receive email notifications and announcements from our website's services, including but not limited to, Seller Contact, Equipment Wanted, e-Catalogs, New Features, etc. Email Communications are necessary to the services we provide to our members and do not cover unrelated advertisements.



Machinery Marketplace

Effective January 1st, 2017