OVERVIEW
This website is operated by Flag City Truck & Equipment Throughout the site, the terms “we”, “us” and “our” refer to Flag City Truck & Equipment. Flag City Truck & Equipment offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
ONLINE STORE TERMS
GENERAL CONDITIONS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
MODIFICATIONS TO THE SERVICE AND PRICES
PRODUCTS OR SERVICES (if applicable)
ACCURACY OF BILLING AND ACCOUNT INFORMATION
OPTIONAL TOOLS
THIRD-PARTY LINKS
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
PERSONAL INFORMATION
ERRORS, INACCURACIES AND OMISSIONS
ACCESSIBILITY
PROHIBITED USES
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In no case shall Flag City Truck & Equipment, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Flag City Truck & Equipment and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
TERMINATION
ENTIRE AGREEMENT
GOVERNING LAW
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Flag City Truck & Equipment in arbitration only in your individual capacity and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.