ToolTrucks.com ("Site" or "Company") offers you a wide range of products and services ("Materials" or "Services") via this web site. Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions.
Attention: This Site and these Terms and Conditions may be changed by ToolTrucks.com with or without notice. Please review this link on a regular basis for changes. Continued use of this web site following any change constitutes your acceptance of the change.
1. General Provisions
ToolTrucks.com reserves the right to change this agreement at any time by revising the terms and conditions herein. Visitors are responsible for regularly reviewing these terms and conditions. Continued use of this Tooltrucks.com website following any such changes shall constitute the visitor's acceptance of such changes. ToolTrucks.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
The information and material that appears on ToolTrucks.com is for informational purposes only. Visitors acknowledge that any reliance upon any such material shall be at their sole risk. Visitors release and discharge this website and its information and affiliates from any claim or potential claim, related to such information and material, and acknowledge that this website neither controls, nor is responsible for the accuracy of said information or material.
Errors may appear from time to time. Before purchasing a vehicle you've read about on ToolTrucks.com, you should confirm with the seller or vendor any information that is important to your purchasing decision. ToolTrucks.com is not responsible for, and does not guarantee the performance of, any such vehicle. ToolTrucks.com and its affiliates disclaim any knowledge or responsibility for the accuracy of the information and material contained on this website.
The ToolTrucks.com website is offered to the visitor conditioned on the visitor's acceptance without modification of the terms, conditions, and notices contained herein. By accessing and using this ToolTrucks.com website, the visitor is deemed to have agreed to all such terms, conditions, and notices.
If you find any material on our site that you believe to be inaccurate, please forward a copy of the material to mrwebmaster@ToolTrucks.com along with an explanation of the inaccuracy.
2. Links to Other Sites
For your convenience and for informational purposes, we make available a variety of links to other websites that we don't operate where you can obtain related products and services, including but not limited to vehicles, vehicle components, insurance, warranties, truck equipment and accessories, financing and inspection services. Even though we encourage you to visit such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. ToolTrucks.com is not responsible for the products or services these vendors provide, or the claims these vendors make. You release ToolTrucks.com from any damages that you may incur, and agree not to assert any claims against ToolTrucks.com arising from your purchase or use of third-party supplied products and services.
For your convenience, we may make available links to websites operated by tool truck dealers that list their vehicles in our online classifieds. We are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release ToolTrucks.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
3. Buying and Selling Vehicles or Merchandise
ToolTrucks.com is a classified listing service that brings together buyers and sellers of tool trucks, other vehicles, and parts. ToolTrucks.com is not generally a party to any transaction between visitor and seller. ToolTrucks.com also sells specially selected automotive-related items in the Parts Store section. Unless otherwise noted, information about a particular vehicle and/or parts is supplied by the seller and not by ToolTrucks.com. Information about a particular product in the Parts Store section is supplied by ToolTrucks.com. The price and terms of any vehicle offered for sale remain subject to direct negotiation between the buyer and the seller. Prices listed by sellers on ToolTrucks.com may exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, registration fees, compliance fees, and other related charges, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle or product. We cannot verify the information seller’s supply or guarantee the vehicle they offer. We cannot assure the seller of a vehicle that the check he/she receives from the buyer is valid. We urge you to use common sense and good judgment in all transactions and when responding to any classified ad on ToolTrucks.com.
When you offer a vehicle for sale through ToolTrucks.com, you agree you are prepared to sell that vehicle at the price and terms at which you have listed it, and you must have the ability to transfer title or ownership. Sellers are required to provide certain identifying and contact information to list a vehicle. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not use our website to promote, without our prior written permission, any other website, product or service. You may not place a link to a website, other than for the purpose of displaying vehicle photographs, in your ad listing. Sell Your Truck Ad listings are available to sellers who want to list their vehicle for sale. ToolTrucks.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate, at our sole discretion.
Responsibility for the information contained in vehicle listings lies with each seller. The seller alone is responsible for material posted and for the content of all email messages transmitted. Inaccurate or misleading information will erode confidence in website visitors. We expect that all sellers will, in all respects, treat ToolTrucks.com users fairly and honestly. Each seller indemnifies and holds ToolTrucks.com and it’s affiliates harmless from any claim, liability, or expense, to include attorney’s fees, which is incurred by this website as a result of any inaccurate information furnished by sellers, or any act of omission of seller.
Other than editing and facilitating the initial placement of the vehicle ad, we cannot monitor every transaction that originates on ToolTrucks.com. We may perform random quality assurance tests to confirm that those who offer vehicles for sale over ToolTrucks.com are prepared to sell the vehicle they advertise at the prices at which, and the terms on which, they advertise them. By using our Sell Your Truck Ad service, you as the seller agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, ToolTrucks.com reserves the right to deny that seller use of the Place an Ad Now service.
You agree that by placing an ad listing on ToolTrucks.com, you grant a license to Tooltrucks.com on a non-exclusive basis, to all copyrights and other ownership rights in the listing, including the right to publish, reproduce, display, adapt, transmit, or produce derivative works in any medium, including any digital electronic medium. All photos submitted become the property of ToolTrucks.com.
Although ToolTrucks.com cannot monitor all the listings posted to our website, we reserve the right to delete, move, or edit any listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using ToolTrucks.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy ToolTrucks.com. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to ToolTrucks.com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or ToolTrucks.com.
By submitting a listing through our Sell Your Truck Ad service, you agree to pay in advance the fees specified for the listing package you select, regardless of whether your vehicle sells as a result of the listing. Use care inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your vehicle. In order to earn and retain the confidence of our users in the timeliness of the classified listings on ToolTrucks.com, we reserve the right to periodically, at minimum 30-day intervals, query our classified listers as to the status of their vehicle sale and remove any such vehicles that are sold. We also reserve the right to remove your ad from Tooltrucks.com should you fail to respond to our email inquiry in a timely manner regarding the sale of your vehicle. Should your potential sale fail to close and your vehicle is unsold, we are under no obligation to re-list your vehicle for no additional compensation. We may choose to do so but it is at our sole discretion.
Placing an ad to sell a truck or parts does not guarantee in any way that your truck or parts will be successfully sold. There are no refunds once an ad is placed and payment made.
New products sold on ToolTrucks.com in the Parts Store are returnable for full refund less shipping charges for any reason within (30) thirty days of initial shipment date. Products sold by listers in the Customer Classifieds section are sold by the lister/seller and not by ToolTrucks.com unless specifically noted and because there will not be a refund by ToolTrucks.com for any item it does not sell, we urge buyers to use common sense and resolve all issues with the lister/seller prior to payment being made.
4. Ownership and Permissions
ToolTrucks.com is made available for your personal, non-commercial use only. The materials on this site are the property of ToolTrucks.com, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit, any of the materials on this site. You may display and print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on ToolTrucks.com should be sent to our Webmaster, ToolTrucks.com, PO Box 490682, Lawrenceville, GA 30049 or to mrwebmaster@ToolTrucks.com.
You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by ToolTrucks.com. However, without the prior written permission of ToolTrucks.com, you may not frame any of the content of ToolTrucks.com, nor incorporate into another website or other service any intellectual property of ToolTrucks.com or its licensors. Requests for permission to frame our content may be sent to our webmaster, either by email or at the address above.
ToolTrucks.com and the ToolTrucks.com logo are owned and used by ToolTrucks.com. The names of other products and services referred to on the site, including tool company names and logos, may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on ToolTrucks.com without the prior written consent of the owner of the mark.
You will not use ToolTrucks.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to ToolTrucks.com, you are representing that you are the owner of the vehicle, or are making your submission with the explicit consent of the owner. By submitting material to ToolTrucks.com you are permanently granting ToolTrucks.com all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
6. Disclaimer of Warranties and Limitation of Liability
If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that the website may not be accessible from time to time for routine maintenance or due to events beyond our control. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This website is provided to you "as is." ToolTrucks.com and its agents and licensors, cannot and do not warrant the accuracy, completeness, noninfringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website), nor do we make any representations as to it’s correctness. We or they do not guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components.
Under no circumstances will ToolTrucks.com, agents or licensors be liable to you or anyone else for any damages arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. If as a visitor using this website you are dissatisfied with any ToolTrucks.com information or other materials, or with any of the terms and conditions contained in the Tooltrucks.com website, the sole and exclusive remedy is to discontinue using ToolTrucks.com. You agree that if ToolTrucks.com or any of its third-party providers, agents, and licensors are found liable in connection with a legal claim arising out of or otherwise related to the services or the information of this website, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability allegedly occurred.
ToolTrucks.com is a Venue
Tooltrucks.com is not a seller of trucks or an Auctioneer. It is important to realize that we are not a traditional truck dealer or auctioneer. Instead, the Site acts as a venue to allow anyone to offer, sell, and buy used tool trucks, at anytime, from anywhere, in a variety of pricing formats, including negotiations directly with the seller or a written offer to buy format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
No spamming. Potential tool truck buyers visiting ToolTrucks.com must feel confident in sharing their email address. You agree not to gather any e-mail addresses through ToolTrucks.com for purposes of spamming. When you list a vehicle for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that vehicle. By using this website, you agree not to use information concerning other users of ToolTrucks.com, or the vehicles they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.
This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the state of Georgia. By using this website, in the event you seek to seek legal recourse against this website or its affiliates, you consent to the exclusive jurisdiction and venue of the state courts in Gwinnett County, GA in all disputes arising out of or relating to this Agreement or use of this website. Use of the ToolTrucks.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Please read this sentence carefully: by using this service, you agree to abide by the terms of this visitor agreement.