Terms of Use

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of the latest version of these Terms of Use.  Please review the most current version of these Terms of Use at any time at www.atlascopcopreowned.com/terms-of-use.

Networked Websites

AtlasCopco Pre-Owned may use any Site as an entry into many networked websites operated by AtlasCopco Pre-Owned and its subsidiaries (“Networked Sites“).  Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites. If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use. Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.

Use Of Site

You may access and use the Sites solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and AtlasCopco Pre-Owned policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition, you will not:

• Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
• Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password “mining” or any other illegitimate means.
• Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
• Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of AtlasCopco Pre-Owned, including but not limited to personal identification or information.
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or AtlasCopco Pre-Owned systems or networks, or any systems or networks connected to any Site or to AtlasCopco Pre-Owned.
• Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person’s use of any Site.
• Distribute viruses or any other technologies that may harm AtlasCopco Pre-Owned or the interests of property any other person or entity, including any other user of any Site.
• Circumvent or manipulate our fee structure, the billing process or fees owed to AtlasCopco Pre-Owned, its dealers or its business associates.
• Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to AtlasCopco Pre-Owned on or through any Site.
• Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of AtlasCopco Pre-Owned or others.

Intellectual Property Rights

Except to the extent expressly provided in these Terms of Use under the heading “Grant of License”, you agree and acknowledge:

• That AtlasCopco Pre-Owned owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights“) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content or contained on the Sites (“AtlasCopco Pre-owned IP“).
• That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
• AtlasCopco Pre-Owned owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to AtlasCopco Pre-Owned IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in AtlasCopco Pre-Owned, including without limitation assigning (and you hereby assign) to AtlasCopco Pre-Owned all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
• No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without AtlasCopco Pre-Owned’s express prior written consent.
• The Sites (including but not limited to all information, software, text, displays, images, markings, images video, and audio, and the design, selection, and arrangement thereof), are owned by AtlasCopco Pre-Owned, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All marks that appear throughout the Sites and Content belong to AtlasCopco Pre-Owned, or the respective owners of such marks, and are protected by United States and international trademark and copyright laws. Any use of any of such marks without the express written consent of AtlasCopco Pre-Owned or the owner of the mark, as appropriate, is strictly prohibited.
• That you must use the Sites as intended. You must not reproduce, distribute, modify, create derivative works of, edit or otherwise modify any material, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without our prior written consent.
• The AtlasCopco Pre-Owned name, AtlasCopco Pre-Owned logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AtlasCopco Pre-Owned or its affiliates or licensors. You must not use such marks without the prior written permission of AtlasCopco Pre-Owned. Any other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on this Site by or through your use of the Site.
• AtlasCopco Pre-Owned may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of AtlasCopco Pre-Owned or others.
• AtlasCopco Pre-Owned, their respective logos, as well as corporate and product identity used herein, are trademarks of AtlasCopco Pre-Owned and may not be used without permission. 
• Microsoft is a registered trademark and the Internet Explorer is a trademark of Microsoft Corporation. Acrobat and the Acrobat logo are trademarks of Adobe Systems Incorporated. Apple and QuickTime are trademarks of Apple Computer Inc. Nothing contained in these Sites should be construed as granting or permitting any right to use such trademarks.

Grant Of License

AtlasCopco Pre-Owned grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:

• Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
• Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
• Reverse engineer, de‑compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
• Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
• Use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.

Copyright Agent

AtlasCopco Pre-Owned respects the rights of all copyright holders and in this regard, AtlasCopco Pre-Owned has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AtlasCopco Pre-Owned’s Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party.
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

AtlasCopco Pre-Owned Copyright Agent for notice of claims of copyright infringement on or regarding the Sites can be reached as follows:

Copyright Agent
Attn: Copyright Agent
Email: hank.segal@atlascopco.com

Submissions

Do not use the Sites as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with AtlasCopco Pre-Owned applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to AtlasCopco Pre-Owned for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to AtlasCopco Pre-Owned, or postings on this Site, are non-confidential (subject to AtlasCopco Pre-Owned Privacy Policy) and shall become the sole property of AtlasCopco Pre-Owned. AtlasCopco Pre-Owned shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to AtlasCopco Pre-Owned, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. Should you choose to respond directly to AtlasCopco Pre-Owned with comments, questions, suggestions, ideas or the like relating to the Sites or AtlasCopco Pre-Owned products and services, you agree that such information shall be deemed as non-confidential and AtlasCopco Pre-Owned shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

Privacy

By accessing or using any Site, you confirm that you have received a notice of the specific Privacy Notice applicable to such Site (available from the Site) and AtlasCopco Pre-Owned’s Global Data Privacy Policy (https://www.atlascopcopreowned.com/privacy-policy) and that you understand and acknowledge that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Notice and Privacy Statement (collectively, “Privacy Policy”).

Interactive Forums And User Materials

The Sites may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

• Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material (“User Materials“) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
• Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
• Without AtlasCopco Pre-Owned’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

AtlasCopco Pre-Owned takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, AtlasCopco Pre-Owned is only a forum and is not liable for any statements, representations, or User Materials provided by its users. AtlasCopco Pre-Owned can use User Materials to contact you about our products or services. We will use User Materials in accordance with our Privacy Policy. You acknowledge, represent and agree that any User Materials is provided voluntarily and is not confidential or proprietary, and that your User Materials does not establish a relationship between you and us. You grant AtlasCopco Pre-Owned and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Materials, except as otherwise prohibited by applicable law or these Terms of Use. You waive any right to compensation of any type for your User Materials. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Materials by us does not violate any law.

AtlasCopco Pre-Owned has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. AtlasCopco Pre-Owned may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. AtlasCopco Pre-Owned reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable. To the extent that you have concerns, complaints, or inquiries about the content on our Sites or digital offerings, please contact Hank.Segal@atlascopco.com.

You agree that we can take any actions, consistent with our Privacy Policy, related to all information you provide to the Sites, including but not limited to information collected or submitted through the use of the Sites (“Usage Data”).You agree that AtlasCopco Pre-Owned may collect and use Usage Data from your device through the use of the Sites, such Usage Data can include but is not limited to technical information about your device, its operating system and application software, device usage, website usage, and network provider that is gathered periodically in connection with your use of the Sites. AtlasCopco Pre-Owned may use this information in connection with its business as described in our Privacy Policy, located at https://www.atlascopcopreowned.com/privacy-policy.

You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site..

Press Releases

The Content contained within press releases issued by AtlasCopco Pre-Owned should not be deemed accurate or current except as of the date the release was posted. AtlasCopco Pre-Owned has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

No Warranties

ATLASCOPCO PRE-OWNED, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE “ATLASCOPCO PRE-OWNED PARTIES“) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATLASCOPCO PRE-OWNED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

The information presented on or through any Site, including text, images, and links, is made available “as is” by AtlasCopco Pre-Owned solely as a convenience to you without warranty of any kind for general information purposes, and does not constitute any type of advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the Content. The Content is updated frequently, including based on interaction with users of the Sites, but the Content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material. AtlasCopco Pre-Owned assumes no responsibility for errors or omissions in the Sites or other documents which are referenced by or linked to the Sites. Any Site could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Changes are periodically added to the information, and AtlasCopco Pre-Owned may change the products or services described in any Site at any time. Contact a local AtlasCopco Pre-Owned dealer for further information before relying on any information contained herein.

Limitation Of Liability; Remedy

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE ATLASCOPCO PRE-OWNED PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF ATLASCOPCO PRE-OWNED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL ATLASCOPCO PRE-OWNED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO ATLASCOPCO PRE-OWNED WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT. IN NO EVENT SHALL THE ATLASCOPCO PRE-OWNED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS (US$100.00). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You agree to indemnify, defend and hold harmless each of the AtlasCopco Pre-Owned Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages, User Content, User Materials or other materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the AtlasCopco Pre-Owned Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

Termination

AtlasCopco Pre-Owned, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason. The license granted herein will automatically terminate without further action of AtlasCopco Pre-Owned if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content. The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Import and Export Compliance, Contractual Statute of Limitations, Dispute Resolution and Mandatory Arbitration, and Choice of Law; Severability shall survive the termination of these Terms of Use.

Updating Sites

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by AtlasCopco Pre-Owned, any new or enhanced versions of the Sites, Content and Services are subject to these Terms of Use.

Linked Sites

The Sites may contain links to other independent third party websites or resources (“Linked Sites“). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under AtlasCopco Pre-Owned’s control, and AtlasCopco Pre-Owned is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

You may be subject to additional terms and conditions that may apply when you obtain or use third party content, third party software or goods and services provided by or through clients, sponsors, partners, reward partners or other third party partners of AtlasCopco Pre-Owned. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or resources linked from the Sites, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites, which you should read and understand. Any third party names, logos, product and service names, designs, and slogans in the Sites are the trademarks of their respective owners.

Import And Export Compliance

You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Contractual Statute Of Limitations

YOU AGREE THAT NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY UNDER OR IN CONNECTION WITH THESE TERMS OF USE MUST BE FILED WITHIN 12 MONTHS AFTER THE CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Entire Agreement

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites and Content and supersedes and replaces all prior agreements. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

Severability

If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid illegal, invalid, or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Assignment

We may assign our rights and delegate our duties under these Terms of Use to any party at any time without notice to you. You may not assign or delegate your rights or obligations without prior written consent of AtlasCopco Pre-Owned, which may be withheld at our sole discretion.

Inquiries

Should you have any questions concerning these Terms of Use, write to Hank.Segal@atlascopco.com.