© 2022 Truss Machinery Connections, Inc.
BY USING THE SERVICES ON THIS TMC WEBSITE, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS
Truss Machinery Connections ("TMC"), a Florida company, is the owner of all intellectual property rights, including trademarks
(registered and unregistered) and copyrights in and associated with all content on this website as well as all derivative works.
Trademarks, logos, and service marks ("Marks") displayed on the Site, are registered and unregistered Marks of TMC, and others.
No right to use any Mark displayed on the Site is granted to you by TMC or any third party that may own Marks displayed on the Site.
You agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except
your own information, from this site without the prior expressed written permission of TMC and any appropriate third party, as
TMC makes no warranty of any kind with respect to the materials provided on this Site, and you acknowledge that all information and
materials are provided to you AS IS. You will not hold TMC responsible for other users' content, actions or inactions, or items they
list. You acknowledge that we are only a broker and not involved as a participant in any transaction between buyers and sellers. This
site is a venue to allow anyone to offer, sell, and buy machinery and related items, which may include many different types of items
offered for sale under certain terms and time frames, from anywhere, in a variety of pricing formats and venues. We have no control
over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the
ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing
provisions of Florida Statute § 672.401 and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is
transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer
will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Florida Statute § 672.401(2)
and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation
of the site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude
all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect,
or consequential damages arising out of your use of our site and services. Some jurisdictions do not allow the disclaimer of
warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to either (a) the
total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100, whichever is greater. ‘’
If you have a dispute with one or more users, you release us (and our 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.
You agree that you will not take any action which, in our sole discretion directly or indirectly causes, creates or imposes an
unreasonable or disproportionately large load on the infrastructure supporting our website, including but not limited to any activity
which may interfere or attempt to interfere with the proper working of this site or any activities conducted on this site.
You will indemnify and hold us (and our 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 your breach of this
Agreement, or your violation of any law or the rights of a third party. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
If a dispute arises between you and TMC, you and TMC agree that any claim or controversy at law or equity that arises out of this
Agreement or our services (a "Claim") must be resolved by a court located in Lake County, Florida, except as otherwise agreed by
the parties in writing. You agree to submit to the personal jurisdiction of the courts located within Lake County, Florida for the
purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Florida
as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to
conflict of law provisions.
TMC has no duty or obligation to collect and remit sales, use, excise or other taxes on purchases made were the Buyer/End User is
outside of the state of Florida; Non Florida Buyers/End Users assume all responsibility for remittance of all applicable taxes, fees,
and duties associated with a sale, if any.
Any communication or material you send to the Site, including data, questions, comments, ideas, suggestions, or the like, shall be
considered by TMC as public information, which may be used by TMC or its affiliates for any purpose whatsoever, including (but not
limited to ) reproduction, disclosure, publication, broadcast and posting. Also, you acknowledge and agree that TMC will be free to
use (without restriction and without compensation to you) for any purpose any ideas, concepts, know-how or techniques contained or
derived from any communication which you send to the Site.
TMC may at any time revise these terms of your use of the Site by updating this posting. You are bound by any such revisions and
are therefore advised to regularly visit this page.
The foregoing shall constitute an agreement between TMC and each user of the Site, and may not be modified in any fashion
without the advance written consent of TMC. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. If any provision of this Agreement is deemed or declared to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed removed from this Agreement, and all other terms shall remain in full force and effect.
Equipment Listings/Sales Transactions - Condition/Disclaimers: Buyers and Sellers acknowledge and agree that all statements,
descriptions, photographs etc. relating to the Equipment are the sole responsibility of Seller. Buyers are encouraged to inspect the
Equipment and to speak directly with Seller about any questions or concerns that Buyer may have. Equipment is sold “AS IS”,
“WHERE IS”, and “WITH ALL FAULTS”. All warranties expressed or implied are disclaimed. Listing details and pricing are subject to
change without notice at the sole discretion of the Seller.
TMC will expend considerable time and effort to bring the Buyer and Seller together, and is serving as a broker only. TMC does not
own the Equipment, and is not selling it. Seller agrees that commissions will be paid on any machinery sold to a Buyer that was
introduced by TMC. All commissions owed will be paid at the published rate stated on the TMC website. If the Seller has agreed to
sell machinery at a specific net price using TMC as the broker, then TMC may sell this machinery at what ever price
the market will bear and keep the difference as commission. All commissions paid to and/or collected by TMC are non-refundable.
After a Buyer submits a “Buyer’s Used Machinery Purchase Order Confirmation” (Buyer’s Agreement), orders shall be firm and not
subject to revocation for thirty (30) days. Buyers will we subject to a $500 marketing fee on all orders canceled after an offer has
been accepted by a Seller.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use
principle. We store and process your information on computers that are protected by physical as well as technological security
devices. You can modify the information you provide us and choose not to receive certain communications by request via our contact
form found on the website. If you object to your information being transferred or used in this way please do not use our services in