These Terms of Service ("Terms") are a binding agreement between you and O'Shea Equipment Company ("OEC," "we," "us," or "our") governing your access to and use of osheaequipment.com and any related pages, content, tools, forms, chat, and services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Rentals, sales, and delivery of equipment are governed by separate written agreements (such as our Rental Agreement, Bill of Sale, and quotes). In the event of a conflict between these Terms and a signed written agreement, the signed agreement controls for the transaction it covers.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
2. Accounts
Certain areas of the Services require an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.
3. Acceptable Use
You agree not to:
- Violate any applicable law or regulation.
- Infringe the intellectual property, privacy, or other rights of any person.
- Upload viruses, malware, or other harmful code; probe, scan, or test the vulnerability of the Services; or bypass security or authentication measures.
- Use the Services to send spam or unsolicited communications.
- Scrape, crawl, or use automated means to access the Services except as permitted by our robots.txt.
- Reverse engineer, decompile, or attempt to derive source code except as permitted by law.
4. Intellectual Property
The Services, including all text, images, logos, and software, are owned by OEC or its licensors and protected by U.S. and international intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. All rights not expressly granted are reserved.
5. Quotes, Orders & Payments
Prices, availability, and specifications on the Site are informational and subject to change without notice, and do not constitute a binding offer. Binding terms for any rental or sale are set forth in a written quote, order confirmation, or agreement signed by OEC. Payments are processed by third-party processors and subject to their terms.
6. Third-Party Services
The Services may interoperate with third-party platforms (such as Intuit / QuickBooks Online). Your use of third-party platforms is governed by their terms and privacy policies. We are not responsible for third-party services.
7. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.
Equipment specifications, images, and descriptions on the Site are for general information only and do not constitute warranties. Equipment warranties, if any, are set forth in the applicable written agreement.
8. Limitation of Liability
To the maximum extent permitted by law, in no event will OEC, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, business, or goodwill, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our total aggregate liability for all claims arising out of or relating to the Services shall not exceed the greater of (a) the amounts paid by you to OEC for the Services in the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100).
9. Indemnification
You agree to defend, indemnify, and hold harmless OEC and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any law or rights of a third party.
10. Governing Law & Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Services shall be the state or federal courts located in Montgomery County, Texas, and you consent to personal jurisdiction in those courts.
11. Dispute Resolution
The parties will first attempt to resolve any dispute informally by contacting admin@osheaequipment.com. If a dispute cannot be resolved within 30 days, either party may pursue relief in the courts identified in Section 10. You and OEC each waive any right to a jury trial to the extent permitted by law. Nothing in this section prevents either party from seeking injunctive or equitable relief to protect its intellectual property or confidential information.
12. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive.
13. Changes to Terms
We may update these Terms from time to time. Material changes will be posted here with a new "Effective date." Your continued use of the Services after the changes become effective constitutes acceptance.
14. Contact
O'Shea Equipment Company
Montgomery, TX, United States
Email: admin@osheaequipment.com