General Terms and Conditions of Use of the Website (Last modified on: April 30, 2008)
Any browsing or use of this website constitutes your acceptance of the General Terms and Conditions of Use of the Website (these “General Terms and Conditions”).
Copyright and Trademark Notice: The legal entity that owns and operates the website is Atlas Copco Prime Energy Rental LLC (referred to below as “Atlas Copco Prime Energy”). The contents of this web site are owned and controlled by Atlas Copco Prime Energy and/or by third party trademark owners. Atlas Copco Prime Energy and each third party trade mark owner, if applicable, reserves all of its intellectual property rights, including, without limitation any and all trademarks, service marks, copyrights, trade secrets and patents. No content of this website may in any way be reproduced, copied, transferred, published, or distributed without prior written authorization. No implied or express license is granted with respect to any use of any content of this website, including without limitation any intellectual property of Atlas Copco Prime Energy. You may not in whole or in part modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, graphics or services obtained from this web site.
Certain Representations by You: You represent and warrant that you are 18 years of age or older and possess the legal authority, ability and right to enter into an agreement, to accept these General Terms and Conditions, and to use this website in accordance with all terms and conditions stipulated herein. You agree to be financially responsible for all use of this website (as well as for use of your account by others). You acknowledge that your use of the website does not create or result in any joint venture, partnership, or agency relationship between you and Atlas Copco Prime Energy. You warrant that all information provided by you or by anyone else within your organization is true and accurate. You agree to abide by the terms or conditions of purchase or rental imposed by Atlas Copco Prime Energy, including but not limited to, payment of all amounts when due and compliance with all rules and/or restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website and/or any services or products offered through this website. You agree that any breach or threatened breach of these General Terms and Conditions by you may is likely to cause Atlas Copco Prime Energy irreparable damage, and you further agree that Atlas Copco Prime Energy shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights.
Disclaimer of Liability: The information, products, and services published on the website may include inaccuracies or typographical errors. Changes are periodically made to the information provided. Atlas Copco Prime Energy may make improvements and/or changes to the website at any time without prior notice. Atlas Copco Prime Energy makes no representation about the suitability, accuracy, timeliness, or completeness of any the information, products and services contained on or available through this website (including, without limitation, any information relating to price , rates, or availability of any service, equipment and/or other product). All such information, products and services are provided “as is” without warranty of any kind. Atlas Copco Prime Energy hereby disclaims, to the extent allowed by law, all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. ATLAS COPCO PRIME ENERGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCT, AND SERVICE OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THIS USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ATLAS COPCO PRIME ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATE AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN NO EVENT SHALL THE LIABILITY OF ATLAS COPCO PRIME ENERGY EXCEED THE SUM OF ONE HUNDRED DOLLARS (U.S. $100) REGARDLESS OF THE CAUSE OF ACTION WHETHER IN TORT, CONTRACT OR OTHERWISE.
Links to Third Party Web Sites: This website may contain links to web sites maintained by third parties. All links are provided for your reference only. Atlas Copco Prime Energy does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. You assume sole responsibility for use of third-party links and visits to third party sites.
Modification of the General Terms and Conditions: Atlas Copco Prime Energy reserves the right to change or modify the General Terms and Conditions at any time without prior notice. You are responsible for regularly reviewing the General Terms and Conditions. Continued use following any change constitutes your acceptance of such changes.
Governing Law: These General Terms and Conditions and your acceptance thereof shall be deemed to have been made in the State of Delaware, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Delaware, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of New Castle, Delaware, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to these General Terms and Conditions and/or your use of the website. Both parties waive any objections as to personal jurisdiction or venue in such courts due to inconvenient forum or any other basis.
Waiver/Severability/Injunctive Relief: The failure of Atlas Copco Prime Energy to require or enforce strict performance by you of any provision of these General Terms and Conditions or to exercise any right under these General Terms and Conditions shall not be construed as a waiver or relinquishment to any extent of Atlas Copco Prime Energy’s right to assert or rely upon any such provision or right in that or any other instance.
Validity: If any portion of these General Terms and Conditions is found to be invalid or unenforceable, such portion shall be severed from these General Terms and Conditions, and the remaining terms shall be separately enforced.
