Terms of Use
By using this website, you acknowledge your assent to the following conditions of use, as well as any additional terms contained within this website, without limitation or qualification (collectively, the “Terms of Use”). Please read these Terms of Use carefully before using this website. You may only utilize this website in accordance with these Terms of Use.
These Terms of Use may be revised by Equipment Bidding at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current conditions to which you are bound.
To the fullest extent permitted by applicable law, the materials on this website are provided as-is and without warranties of any kind, expressed or implied. Equipment Bidding and its subsidiaries and affiliates (collectively, “EB”) disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, security or accurateness. Equipment Bidding does not warrant that the functions of this website and the materials contained herein will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
Equipment Bidding does not warrant or make any representations regarding the use or the results of the use, of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not EB) assume the entire cost of all necessary servicing, repair, or correction of any device or computer you use to access this website.
The information and descriptions contained herein are not necessarily intended to be complete descriptions of all applicable terms, exclusions and conditions and are provided solely for general informational purposes. Companies and individuals should not rely on the information provided on this website for the prevention or mitigation of risks or as an explanation of coverage or benefits under an insurance policy. If you are a Equipment Bidding customer, you may be subject to other agreements with Equipment Bidding. These Terms of Use apply to use of this website and do not change or alter any other contract or agreement between you and Equipment Bidding. Please refer to your policy documentation for more information regarding any applicable Equipment Bidding service or product.
This website may contain links to other websites which are not maintained by Equipment Bidding. Equipment Bidding is not responsible for the content of such websites. The inclusion of any link to such websites does not imply Equipment Bidding's approval or endorsement of such sites or the content thereof. Equipment Bidding cannot guarantee that the links set out on our website will be accurate at the time of your access. Moreover, the sites pointed at by links have been independently developed and possibly maintained by person(s) over whom Equipment Bidding has no control.
Equipment Bidding cannot and does not monitor the third party sites linked to its pages on the Internet or any transmission made through the respective web pages and news groups. Accordingly, Equipment Bidding assumes no responsibility for the content of any site referenced to by any hyperlink or otherwise. Equipment Bidding believes that our making available links to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.
While Equipment Bidding uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes occur. To the fullest extent permitted by applicable law, Equipment Bidding makes no warranties or representations as to the accuracy of the content of this website and under no circumstances, including, but not limited to, negligence, shall Equipment Bidding or any party involved in creating, producing, or delivering this website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if Equipment Bidding or a Equipment Bidding authorized representative has been advised of the possibility of such damages. In no event shall Equipment Bidding’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. Equipment Bidding also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from this website.
You (and not Equipment Bidding) will be responsible for any liability arising out of your access to, or use of, this website or its contents in a manner other than as expressly authorized by these Terms of Use or your violation of applicable laws or any rights of any third party.
Restrictions on Use of Materials
This website is owned and operated by Equipment Bidding. Except as otherwise expressly permitted by Equipment Bidding, no materials from this website or any website owned, operated, licensed or controlled by Equipment Bidding may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without Equipment Bidding’s prior written permission. Equipment Bidding neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.
Unless otherwise expressly set forth herein, Equipment Bidding makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so by their own initiative and are responsible for compliance with local laws. Except as expressly set forth herein, the information contained on this website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service offered by Equipment Bidding. No security, insurance product or other product or service is offered or will be sold by Equipment Bidding or, if sold by Equipment Bidding, will be effective in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.
Some products and services may not be available in all jurisdictions. The content and materials contained in this website is to be construed in accordance with and governed by the internal laws of the State of Georgia, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Georgia to the rights and duties of the parties.
Any information, other than personal data or information you transmit to Equipment Bidding via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Equipment Bidding. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Equipment Bidding is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Equipment Bidding via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
All trademarks, service marks, trade names, logos, and icons are proprietary to Equipment Bidding. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Equipment Bidding. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with the permission by Equipment Bidding. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by Equipment Bidding. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Equipment Bidding grants you a limited right to use the information contained herein. Your right to use the information is subject to any other rules, procedures, policies, terms or conditions that govern all or any portion of the content on the Equipment Bidding Website. At any time and for any reason Equipment Bidding may remove these materials from the Website. You may not distribute, modify, transmit, reuse, repost or use any of videos or materials for public or commercial purposes without the express written permission of Equipment Bidding. All copyright and other proprietary notices contained in materials must be retained.
You acknowledge that any software which may be available or provided to you on this website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export control laws and regulations. Equipment Bidding does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export controls laws and regulations.
Equipment Bidding reserves the right to change these Terms of Use in order to address future developments of Equipment Bidding, the website or changes in industry or legal trends. If any portion of these Terms of Use is found to be unenforceable, the remaining sections of the Terms of Use will remain in effect.
Equipment Bidding
Attn: Copyright Compliance unit
344 Watkins Farm Road
Nicholson, GA 30565
Terms of Use
These Terms of Use, together with the documents referenced herein (collectively the "Terms"), apply to the mobile application named "Bent Plane" (the "App"). Equipment Bidding ("EB," "we," "us," or "our") permits you to use the App in connection with your employer's participation in the Bent Plane Program and subject to these Terms and any applicable rules applied by Apple Inc. ("App Store Rules") and Google Inc. ("Play Store Rules") with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes ("App Store") and https://play.google.com/store ("Play Store"). You ("you," the App user) may only utilize the App in accordance with these Terms.
- IMPORTANT NOTICES:
1.1 Please read these Terms carefully before downloading, installing or using the App. By downloading, installing, accessing, browsing or using the App, you accept and agree to these Terms which bind you legally. The Terms are entered into for the benefit of Equipment Bidding and its affiliated companies ("the EB Companies") who may each enforce against you. If you do not agree to these Terms you are not permitted to use the App and you must immediately cease downloading, installing or using the App.
1.2 The content provided in the App is intended for general informational purposes only. Companies and individuals should not rely on the information provided in the App for the prevention or mitigation of risks or as an explanation of coverage or benefits under an insurance policy. If you are a Customer of Equipment Bidding, you may be subject to other agreements with Equipment Bidding. These Terms apply to use of the App and do not change or alter any other contract or agreement between you and Equipment Bidding. Please refer to your policy documentation or contact your broker or Equipment Bidding customer service representative for more information regarding any applicable Equipment Bidding service or product.
1.3 If you experience any technical issues with the App, or you would like to contact us regarding these Terms, you may contact Equipment Bidding by sending an email to support@underwriterssalvagecompany.com.
1.4 In order to use the App, you must have a compatible device which meets the following minimum specifications: for Apple devices, requires iOS 6.0 or later, and is compatible with iPhone, iPad, and iPod Touch; for Android, 4.4 and up, with both accelerometer and gyroscope sensors. Any compatible device to which you download the App will be known as a "Device" for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
1.5 In order to access the App, you must have a Bent Plane account, your accompanying username and password that you, the member, have created, and a four-digit pin code which will be sent to the e-mail address you have provided in order to register.
- ACKNOWLEDGEMENTS
2.1 These Terms apply to the App, including any updates or supplements thereto. Equipment Bidding may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
2.2 From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version.
2.3 You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.
- PRIVACY
3.1 Your submission of information, including personal information, through or in connection with the App (if any) is governed by the terms of our privacy policy as updated from time to time, available at https://www. Equipment Bidding.com/privacy-policy ("Privacy Policy"), and any additional privacy notice issued by your employer in connection with your participation in the Bent Plane Program.
- THIRD PARTY CONTENT
4.1 The App may contain links to independent third party websites or other applications ("Third Party Sites"). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.
- LICENSE
5.1 Subject to these Terms, the Privacy Policy and the App Store Rules and Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App on the Devices for the purposes of helping users better understand and improve their driving behaviors. Any other use of the App is strictly prohibited. We reserve all rights in and to the App. Equipment Bidding reserves the right to revoke this license at any time, in its sole discretion.
- LICENSE RESTRICTIONS
6.1 Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree:
(a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the App's sharing function;
(b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App;
(e) not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(f) not to remove any copyright, trademark or other proprietary rights notices from the App;
(g) that you represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- ADDITIONAL RESTRICTIONS
7.1 You agree:
(a) not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
(b) not to use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
(c) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and
(d) not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
- INTELLECTUAL PROPERTY RIGHTS
8.1 acknowledge that (i) all intellectual property rights in and to the App belong to Equipment Bidding or their licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms.
8.2 In the event that you elect to share information with the Equipment Bidding through the App's "Email Us" function, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with Equipment Bidding, (ii) Equipment Bidding may utilize the information you supply, in whole or in part, in any manner in connection with the App, (iii) any modifications or improvements made to the App or Equipment Bidding's products or services as a result of your feedback are owned and controlled solely by the Equipment Bidding, (iv) you have no right, title or interest in or to the App as a result of sharing your feedback. Do not submit any confidential, proprietary or personal information through the "Email Us" function.
8.3 All trademarks, service marks, trade names, and logos are proprietary to Equipment Bidding or used by Equipment Bidding with the permission of its third-party providers. Nothing contained on in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Equipment Bidding. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the App in source code form.
- DISCLAIMER
9.1 The App is provided 'as is' and, to the extent permitted by applicable law, Equipment Bidding and its' directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App shall be at your sole risk. The Equipment Bidding, the App Store and the Play Store, shall not have any obligation to furnish any maintenance and/or support services with respect to the App. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App.
9.2 We make no representation or warranty as to the completeness, accuracy or currentness of information or content provided in the App. Such information is also subject to change at any time without notice.
9.3 We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App.
9.4 You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your Device.
- LIMITED WARRANTY
10.1 The App shall be validly licensed, of satisfactory quality, fit for the purpose for which it was provided and shall comply in all material respects with the description made available to you prior to downloading or installing it. In the event of any failure to comply with the warranty given in this section 10.1 Equipment Bidding shall, as your sole remedy, either repair or replace the App or if that is not possible provide an appropriate refund in respect of the affected feature or function.
10.2 If through our failure to exercise reasonable skill and care we provide you with digital content which damages a Device, you may be entitled to compensation under consumer law. However we will not be liable for damage that you could have avoided by installing the latest version of the App or for damage that was caused by you failing to correctly install the App or have in place the minimum system requirements.
- AVAILABILITY
11.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
11.2 In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
- LIMITATION OF LIABILITY
12.1 You agree that you use the App and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.
12.2 To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of the App.
- INDEMNIFICATION
13.1 To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
- TERMINATION
14.1 Equipment Bidding may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
- EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
- THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE
16.1 With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms are between you and Equipment Bidding and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.
- LAW AND JURISDICTION
17.1 To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of Georgia, U.S.A. and you consent to the non-exclusive jurisdiction of the Georgia courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
- OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
18.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
18.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
18.4 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
18.5 Except to the extent specified in sections 16.1 and 18.1 hereof, or otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.
18.6 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.