Terms & Conditions
Your use of any Foley Industries, Inc., Foley Equipment Company, Foley Power Solutions, Foley Rental, SITECH, or any affiliate, subsidiary, or related entity (collectively “us”, “we”, and “Foley”) website (currently www.foleyeq.com, www.foleypowersolutions.com, www.foleyrental.com, and www.sitetech-central.com (the “Sites)) are subject to your acceptance of these Terms of Use (“Terms”). By accessing the Sites, you confirm and affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are incapable of complying with them, do not use the Sites.
Regardless of the device you use to access the Sites, your use of the Sites is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines or terms or conditions of use specific to the products or services provided by us or made available through the Sites.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend or discontinue at any time your use of the Sites or any of their functions, features, materials or the text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content on the Sites (“Content”).
We may update these Terms from time to time. Please check the Terms each time you access or use the Sites. If we make material changes to the Terms, we will post the revised Terms on the Sites and the revised effective date at the bottom of these Terms. Your continued access to or use of the Sites after the date of any such changes become effective constitutes your acceptance of the new Terms.
Your personal information will be used and protected in accordance with our Privacy Policy.
License and User Conduct
Foley grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Sites only for your personal and internal business purposes and strictly in accordance with these Terms. These Terms further apply to and govern any upgrades provided by Foley that replace and/or supplement the version of the Sites that you initially used or accessed unless such upgrade is accompanied by a separate license in which case the terms of that separate license will govern. All rights not expressly granted in these Terms are reserved for Foley.
Your use of the Sites pursuant to these Terms is limited to (1) receiving information about Foley and its Sites, products, services, and programs (2) accessing the Sites, (3) sharing information via the Sites, (4) buying new or used equipment from the Sites, (5) renting equipment from the Sites, and (6) requesting service for your equipment through the Sites. You may access, download, and print materials only as necessary to receive the products, services, and information and, in doing so, you must retain all notices, trademarks, and other markings found on those materials.
You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Sites (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Sites; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Sites for any other authorized user; or (g) violate any applicable local, state, national or international law.
You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Sites or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Sites, systems, networks, or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Sites. You also agree not to sell, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activity or use in our discretion.
Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Sites or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Sites, any updates, or any part thereof except as expressly permitted herein.
We may make improvements, changes, or amendments to the information, services, products, and other materials on the Sites, or terminate the Sites at any time in our sole discretion.
The Sites that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Sites are appropriate or available for use in any location. To the extent you choose to access the Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We and our licensors, reserve the right to change, suspend, remove, or disable access to the Sites at any time without notice. In no event will we be liable for the removal or disabling of access to the Sites. We may also impose limits on the use of or access to the Sites, or portions thereof, in any case and without notice or liability.
You must be 13 or older to access or utilize the Sites. Upon online registration, you will receive a password from Foley to access member portions of the Sites. Do not disclose your password to anyone else. You are entirely responsible for any use of the Sites under your password. You must immediately notify Foley of any unauthorized use of your password or any breach of security that becomes known to you.
Rental Agreements
For any equipment or services rented or purchased through the Sites, the terms of any applicable rental or purchase agreement associated with that rental or purchase shall control that relationship.
Information You Provide
You agree that all information you provide to us will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide it, and it does not violate any third party’s intellectual property or privacy rights. Any information you provide us, including feedback, responses to questions, comments, or suggestions, or the like regarding the Sites will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information. By uploading, sending, posting or otherwise providing any information or material, you grant Foley an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that Foley is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including creating derivative works.
You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Sites. We may, in our legitimate interest in maintaining the Sites, also collect information about the system and application software you use as well as information about device peripherals you employ. And we may collect information about your activities on the Sites, like the duration and frequency of your usage sessions, information regarding application crashes and screens you chose to view, gestures (i.e., taps, swipes, pinches, etc.) you use on the application, whether you are a first-time or a returning user, links you clicked on while in the application, and your flow and navigation path through the application. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services to you (if any) related to the Sites. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Sites can be found in our Privacy Policy.
Third Party Sites and Information
Our Sites may have links to other websites or make reference to information, documents, products, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that Foley is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party websites or internet resource.
If you link to our Sites, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
Indemnification
You agree to defend, indemnify, and hold Foley and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Sites or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Intellectual Property
The Content of the Sites is owned, controlled, or licensed by or to Foley. Your use of the Sites does not grant you any rights to any of the Content.
The Sites and its Content, except for those aspects in the public domain, are protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.
All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Foley or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Foley will grant you permission to use portions of the Sites, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or Content.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, websites, medium or commercial enterprise, any part of the Sites or any Content without our express prior written consent.
Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or the Content except as permitted or consented by these Terms.
No Warranties
THE SITES AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITES WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITES OR ITS CONTENTS.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITES OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITES OR ITS CONTENT.
The information on the Sites does not constitute the rendering of legal, accounting, tax or other such professional advice.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FOLEY, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, OR INFORMATION CONTAINED WITHIN THE SITES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITES, IF ANY, OR $500, WHICHEVER IS LESS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Sites, or the Content, will be governed by and construed according to the laws of the State of Kansas without regard to its conflicts of laws principles. Any action to enforce these Terms or a matter of dispute arising out of the Sites or their Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Sedgwick County, Kansas.
Failure by Foley to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by Foley.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without Foley’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Foley may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights, and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The trademarks and other logos, product, and service names are trademarks and service marks owned by or licensed to Foley or its affiliates. You agree not to display or use the trademarks in any manner without the prior written permission of Foley or its appropriate affiliates.
All other trademarks are the property of their respective owners.
Last modified: July 11, 2023