Microlease Website - Terms
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
which tells you how we collect and use information you provide to us or which
By accessing this Website or downloading
information from it, you confirm you have read, understood and agree to be
entirety each time you access the Website.
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.
PURPOSE OF WEBSITE
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.
USE OF THE WEBSITE
You must be at least 18 years old to use the
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.
You may download, save and print copies of the
information on this Website solely for your reference only.
You may not, without first obtaining express
written consent from us:
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
remove any copyright, trademark or other
intellectual property notices;
link to or from this Website; or
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.
You may not:
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);
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
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
register for more than one account or register
for an account on behalf of an individual other than yourself;
access, tamper with, or use non-public areas of
the Website, our computer systems, or the technical delivery systems of our
attempt to probe, scan, or test the vulnerability
of any of our systems or networks or breach any security or authentication
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;
attempt to decipher, decompile, disassemble or
reverse engineer any of the software used to provide the Website; or
advocate, encourage, or assist any third party
in doing any of the foregoing.
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
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.
ACCESS TO RESTRICTED PAGES
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.
USE OF INFORMATION FROM WEBSITE
The Website is intended to provide general
information only and does not attempt to provide advice of any sort.
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
If you are dissatisfied with the Website or any
content or material on it, your sole exclusive remedy is to discontinue use of
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.
AVAILIABILITY OF THE WEBSITE
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.
You are solely responsible for ensuring that you
have suitable equipment and security and virus protection in place before using
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.
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.
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.
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.
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)
LINKS TO EXTERNAL WEBSITES
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.
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:
the URL(s) of the website from which you are
proposing to link to this Website; or
the URL(s) of the webpages on this Website which
you are proposing to link and we will consider your request.
USE OF PERSONAL INFORMATION
Data that you provide shall only be used under
our liability and Disclaimer
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).
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.
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.
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.
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.
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
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.
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 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
check regularly. Continued use of the Website after a change has been posted is
your acceptance of the change.
Product Availability; Compliance with Local Law
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.
Who You Are Contracting With; Governing Law and
Who you are contracting with under these Terms
Website, and which courts can adjudicate any such lawsuit, depend upon where you
Country of Domicile
Address for Notice
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
Unit 1, Waverley Industrial Park, Hailsham Drive, Harrow, Middlesex,
HA1 4TR, United Kingdom
England and Wales
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.
to be unlawful, void, or unenforceable, then that provision will be deemed
enforceability of any remaining provisions.
Our failure to enforce any right or provision of
in the future.
We may assign our rights and obligations under
of assets or by operation of law.