Terms of Use

Please Click Here for TERMS OF SALE / SERVICE AGREEMENT 

Last Modified: MARCH 2019 

This website is operated by BTS CRANE PARTS INC (the “Company”) Throughout the site, the terms “we”, “us” and “our” refer to the Company.

The following terms and conditions (the “Terms of Use”) together with any documents referred to herein apply to your use of BODETECHNICALSERVICES.COM and STORE.BODETECHNICALSERVICES.COM (jointly the “Website”), including its content or any items purchased and/or obtained through the Website (collectively with the Website, the “Products”).  These Terms of Use constitute a legally binding agreement between you and the Company.

These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

By purchasing and/or using the Products or by clicking to accept or agree to the Terms of Use when this option is made available to you], you agree and consent to be bound by these Terms of Use, including any changes to these Terms Of Use or additional polices incorporated herein by reference which the Company may make in its sole discretion.

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT USE THE WEBSITE.

In addition to any other rights or remedies afforded the Company under or otherwise in connection with these Terms of Use, you agree and acknowledge that you have read and agree to comply with the Company’s Privacy Policy, which are incorporated into these Terms of Use.

Accessing the Products & Account Security

By purchasing and/or using any of the Products, you represent and warrant that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms of Use.

We reserve the right to modify or terminate the Products, including but not limited to any material we provide on the Website, in our sole discretion without notice.  The Company will not be liable if all or any part of the Website is unavailable at any time or for any period.

You are responsible for obtaining access to the Products, and that access may involve third-party fees (such as Internet service provider or airtime charges).  In addition, you must provide and are responsible for all equipment necessary to access the Products.  You are responsible for ensuring that all persons who access the Products through your internet connection are aware of these Terms of Use, and that they comply with them.

To access the Products or some of the resources offered, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Products that all the information you provide on the Website is correct, current and complete.

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.  You agree to immediately notify the Company of any unauthorized use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

Right to Refuse

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Intellectual Property Rights

The Products (including but not limited to all Website information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to purchase and/or use the Products for your legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company.  You must not copy, modify, create derivative works of, publicly display, publicly perform, or republish, download, store or transmit any of the material on our Website, including material sold on or through the Website,

You must not:

  • Modify copies of any materials available on or through the Website, whether or not you purchase such materials.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available on or through the Website.
  • Reproduce, sell or exploit for any commercial purposes any part of the Products or materials obtained through the website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: btscraneparts@gmail.com

If you print, copy, modify, download or otherwise use any part of the Products or materials in breach of the Terms of Use, your right to use the Products and/or materials will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Products, including but not limited to any materials on the Website, is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Products or materials not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms BTS TECH, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company, Trimble Inc, Hirschmann,Belden,Wika Inc or their affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Products only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Products:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Products, or which, as determined by us, may harm the Company or users of the Products or expose them to liability.

Additionally, you agree not to:

  • Use the Products in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Products, including their ability to engage in real time activities through the Products.
  • Use any robot, spider or other automatic device, process or means to access the Products for any purpose, including to monitor or copy any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Products.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Products.
  • Attack the Products via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Products.

Monitoring, Enforcement, and Termination

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products.  We also have the right to terminate your access to all or part of the Products for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY OR GOVERNMENTAL AUTHORITIES.

Reliance on Posted Information

The information presented on the Website or otherwise provided through the Products is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Products, or by anyone who may be informed of any of contents of the Products.

Changes to the Products

We may update the Products from time to time, but the Website content and content otherwise provided through the Products is not necessarily complete or up-to-date.  Any of the material on the Website or otherwise provided through the Products may be out of date at any given time, and we are under no obligation to update such material.  We may change the Products at any time with or without notice.  We may suspend access to the Website, or terminate it indefinitely.

Prices for the Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.

Limits to the Products

We reserve the right, but are not obligated, to limit the sales of our Products to any person, company, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of the Company. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.

We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products will be corrected.

Information About You

All information we collect on the Website is subject to our Privacy Policy. By using the Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  You represent and warrant that all data provided by you is complete and accurate.

E-mail, User Submissions, and Security

E-mails and other communications and submissions via the Internet may not be secure.  Please consider this fact before sending any personal or confidential information over the Internet by any means.  You acknowledge and agree that any information or materials obtained from or through the Website are not guaranteed to be free from computer viruses or other harmful defects.

Credit Card Encryption

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Linking to the Website

You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link from any website that is not owned by you.  The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the homepage.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and other policies for such websites.

Geographic Restrictions

The Website is owned and operated in the United States and is provided for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE PRODUCTS.  THE PRODUCTS AND ALL RELATED PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.  NEITHER THE COMPANY, NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PRODUCTS.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, THEIR related parties and affiliates, OR THEIR officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assigns, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THESE TERMS OF USE AND/OR ANY (A) USE OF OR INABILITY TO USE THE PRODUCTS; (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE PRODUCTS; (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS; AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS, WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

Indemnification

To the fullest extent permitted by law, you agree that in the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (“Claim”) in connection with your use of the Products, you shall defend, indemnify and hold harmless the Company, from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys’ fees and costs) (“Losses”) incurred by the Company as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.

Upon receiving notice of a Claim for which the Company is entitled to indemnification by you, the Company shall provide you with written notification and the opportunity to assume control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that (a) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by the Company will require the prior written consent of the Company; (b) the failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (c) the Company may have their own counsel present at and participating in all proceedings or negotiations relating to a Claim, at their own expense, unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you shall pay all expenses related to the Company’s use of such counsel.

Governing Law, Dispute Resolution, and Attorneys’ Fees

You agree that Florida law will govern these Terms of Use and that any action, suit, proceeding, or claim arising out of or related to these Terms of Use must be brought exclusively in federal or state courts located in Fort Lauderdale, Florida.  You hereby submit to the jurisdiction and venue of such courts and waive any objection based on inconvenient forum.  You agree to indemnify the Company for all of their reasonable attorneys’ fees and costs incurred as a result of any action, suit, proceeding or claim brought by you, the Company in which the Company is found to be the prevailing party.

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THESE TERMS OF USE.

Waiver and Severability

The waiver or failure by the Company to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of the Company set forth in these Terms of Use are cumulative and are in addition to any rights or remedies the Company may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

If any provision of these Terms of Use is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.

Entire Agreement

These Terms of Use, together with any policies incorporated by reference into and made a part of these Terms of Use, constitute the complete and exclusive agreement between the parties relating to the subject matter hereof.  These Terms of Use supersede all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.

 Amendment

The Company reserves the right to amend these Terms of Use at any time.  When we amend the Terms of Use, we shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement at BODETECHNICALSERVICES.COM/TERMS-OF-USE that such changes or amendments have occurred and identifying which particular provisions have changed.  Such announcement shall be maintained for thirty days following the effective date of such amendment.  Your continued use of the Products following the posting of such amendment will signify and be deemed your assent to and acceptance of the revised terms.  You agree that you have the burden to review periodically BODETECHNICALSERVICES.COM/TERMS-OF-USE to inform yourself of any such changes.

How to Contact Us

If you have any questions about these Terms of Use or about the Products, please contact us by email at btscraneparts@gmail.com, phone at +1.303.433.8878, or by mail at:

BTS CRANE PARTS INC

4737 North Ocean Drive

Suite 206

Fort Lauderdale FL 33308

USA