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Microlease Website - Terms of Use

 

1                    IMPORTANT NOTICE

1.1              These Terms of Use apply to your use of the Microlease plc (“Microlease”) and Metric Equipment Sales, Inc., dba MetricTest (“MetricTest”) joint website namely http://www.microlease.com (the “Website”). This Website is provided by Microlease and MetricTest in order to provide information about their services and products. “We,” “us,” and “our” refer to the entity with which you are contracting under these Terms of Use as listed in the “Who You are Contracting with; Governing Law and Jurisdiction” Section of these Terms of Use.

1.2              These Terms of Use should be read in conjunction with the Cookie and Privacy Policy for the Website which tells you how we collect and use information you provide to us or which we collect.

1.3              By accessing this Website or downloading information from it, you confirm you have read, understood and agree to be legally bound by these Terms of Use and our Cookie and Privacy Policy in their entirety each time you access the Website.

1.4              Please note that when you are using the Website to purchase products or services, you should also refer to the Microlease Terms of Business (UK version) and/or the MetricTest Terms and Conditions (US version), as applicable, and are included in any Quote to do business.  Other additional terms and conditions may apply to services provided by us (“Additional Terms”).  Where Additional Terms apply, we will make them available for you to read through before your use of that service.  By using the service, you agree to the Additional Terms.

2                    PURPOSE OF WEBSITE

2.1              The Website is designed for information and e-commerce purposes only and to give users the facility to enquire about equipment availability. Any information exchanged shall not be considered contractual or binding in any way, unless otherwise expressly stated by us.

3                    USE OF THE WEBSITE

3.1              You must be at least 18 years old to use the Website.

3.2              You may use this Website for lawful purposes only. You must not use the Website in any way that breaches or violates any applicable local, national or international law or regulation or which is in any way unlawful or fraudulent.

3.3              You may download, save and print copies of the information on this Website solely for your reference only.

3.4              You may not, without first obtaining express written consent from us:

3.4.1        copy (including storing and downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the material on this Website, either in whole or in part except as expressly permitted above;

3.4.2        remove any copyright, trademark or other intellectual property notices;

3.4.3        link to or from this Website; or

3.4.4        use, display, mirror or frame the Website or any individual element within the Website, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page.

3.5              You may not:

3.5.1        use any means to "scrape," "crawl," or "spider" any Web pages contained in the Website (although we do allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);

3.5.2        use automated methods to use the Website in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;

3.5.3        interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

3.5.4        register for more than one account or register for an account on behalf of an individual other than yourself;

3.5.5        access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;

3.5.6        attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;

3.5.7        avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;

3.5.8        attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or

3.5.9        advocate, encourage, or assist any third party in doing any of the foregoing.

3.6              We have the right to investigate and prosecute violations of this Section to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website, but that we have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

4                    ACCESS TO RESTRICTED PAGES

4.1              Where access to part of the Website is restricted by a password, no person other than the holder of a password granted by us may try to access that part of the Website.  You are responsible for all access of the Website using your password.

5                    USE OF INFORMATION FROM WEBSITE

5.1              The Website is intended to provide general information only and does not attempt to provide advice of any sort.

5.2              Whilst every attempt is made to ensure the accuracy of the information when first published, we cannot guarantee its accuracy and you should recognise that information on this Website may become out of date over time.

5.3              If you are dissatisfied with the Website or any content or material on it, your sole exclusive remedy is to discontinue use of the Website.

5.4              We reserve the right at any time and without any notice to remove, amend or vary any of the content which appears on this Website.

6                    AVAILIABILITY OF THE WEBSITE

6.1              We reserve the right to suspend access to all or part of the Website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

7                    VIRUS PROTECTION

7.1              You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the Website.

7.2              You must not attempt to gain unauthorised access to our Website, the servers on which our Website is stored or any server computer or database connected to our Website.

8                    Ownership

8.1              Microlease is the owner or licensee of the Website, all materials and rights in those materials, which appear on the Website (“Website Content”), including all trademarks, copyrights, design rights and all other intellectual property rights. The Website Content includes the text, photographs, images, graphics, illustrations, designs, written and other materials, including the program and code.

8.2              If you acquire any rights in or to the Website or Website Content, you agree to irrevocably assign those rights, on a worldwide basis, without payment of any kind, to us and unconditionally and irrevocably to waive all moral rights you may have acquired in the Website.  

9                    TRADEMARKS

9.1          Certain names, words, phrases, logos, graphics or designs used on the Website may constitute registered or unregistered trademarks owned by us or others who licence us to use them.

9.2              You are not entitled to reproduce or use in any way any of our trademarks (or those of any third party) without our (or their) written permission.

10                LINKS TO EXTERNAL WEBSITES

10.1          This Website may contain links to third party websites. These third party websites are not under our control and we are not responsible for the content of any linked website nor do we accept liability in respect of the content of such third party websites. Listing and linking should not be taken as an endorsement of the linked website or any advice or information contained on the linked website. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked websites.

10.2          If you wish to provide a hypertext or other link to or from this Website, you will first need to obtain our written consent. We have sole discretion to permit or reject any such requests. Requests should be sent to Microlease plc Unit 1, Waverley Industrial Park, Hailsham Drive, Harrow, Middlesex, HA1 4TR, United Kingdom along with the following information:

10.2.1    the URL(s) of the website from which you are proposing to link to this Website; or

10.2.2    the URL(s) of the webpages on this Website which you are proposing to link and we will consider your request.

11                USE OF PERSONAL INFORMATION

11.1          Data that you provide shall only be used under the terms of our Privacy Policy. Please click here for full details.

12                our liability and Disclaimer

12.1          YOU USE THE WEBSITE AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). 

12.2          IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE WEBSITE.  WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE.

12.3          WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE.

12.4          YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

12.5          TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.

12.6          Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  In addition, nothing in these Terms of Use shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability to the extent such liability cannot be excluded or limited under applicable law.  To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

13                INDEMNIFICATION

13.1          You agree to indemnify and defend us and our Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information that you or anyone using your account submit, post, or transmit through the Website; (b) the use of the Website by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account.  We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.  If we do assume the defence of such a matter, you will reasonably cooperate with us in such defence.

14                CHANGES

14.1          These Terms of Use were last updated on May 29, 2013. We may revise these Terms of Use at any time and without notice. Please check regularly. Continued use of the Website after a change has been posted is your acceptance of the change.

15                Product Availability; Compliance with Local Law

15.1          This Website may be accessed from countries other than the United Kingdom or United States. This Website may contain products or references to products that are not available in certain countries or regions. If you access this Website outside of the United Kingdom or United States you are responsible for complying with your local laws and regulations.

16                Who You Are Contracting With; Governing Law and Jurisdiction

16.1          Who you are contracting with under these Terms of Use, to whom you should direct notices under these Terms of Use, which law will apply in any lawsuit arising out of these Terms of Use and your use of the Website, and which courts can adjudicate any such lawsuit, depend upon where you are domiciled:

 

Country of Domicile

Contracting Entity

Address for Notice

Governing Law

Courts Having Exclusive Jurisdiction

United States or Canada

Metric Equipment Sales, Inc., dba MetricTest

3486 Investment Blvd. Hayward, California 94545

New York and controlling United States Federal Law

New York, NY, US

Any other country or jurisdiction

Microlease plc

Unit 1, Waverley Industrial Park, Hailsham Drive, Harrow, Middlesex, HA1 4TR, United Kingdom

England and Wales

England

17                Other Provisions

17.1          Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

17.2          If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity or enforceability of any remaining provisions. 

17.3          Our failure to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

17.4          We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, a sale of assets or by operation of law.