Terms and Conditions
The following are the terms and conditions that you agree to in exchange for use of the web-site www.HE-Equipment.com (the “web-site”). The web-site and all of the content, images, code, and data are the property of H&E Equipment Services, Inc. and any other affiliated company, parent, or subsidiary (“H&E”).
(1) DISCLAIMER OF WARRANTIES
The information, services, products, and materials contained on this web-site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, H&E disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, H&E does not represent or warrant that the information accessible via this web-site is accurate, complete or current. Price and availability information is subject to change without notice. Due to the large amount of content and information provided, errors can and will occur. By visiting this web-site, you agree that H&E shall be held harmless from all liability and responsibility for any and all errors or omissions in the information provided on this web-site. H&E shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by H&E.
(2) LIMITATION OF LIABILITY
You agree to indemnify, defend, and hold H&E and its parents, subsidiaries, affiliates, distributors, licensors, officers, directors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of or related to your violation of these terms and conditions or your use of this web-site.
(4) IMAGES, LOGOS, TRADEMARKS, COPYRIGHT, AND CONTENT
All images, logos, copy and trademarks contained in or on this web-site, including but not limited to text, information, images, audio, video, design, trade dress, code, or other data and information regardless of medium (“content”) is the intellectual property of H&E. Except as provided in these terms and conditions, no content and no part of this web-site may be reproduced, recorded, hacked, sold, distributed, published, compiled, or translated, saved, or used in any manner whatsoever for whatever purpose (particularly, but without limitation, commercial purpose) without H&E’s express written consent. You acknowledge that you have not been granted any license, right, patent, or any intellectual property right in any of the content of this web-site. You further acknowledge that your use of this web-site should not be and will not be construed as an overt, direct, or implied grant of any intellectual property right in the content of this web-site. You further acknowledge that H&E’s logo, as well as the logo of any other company appearing on this web-site, are copyright and trademark of H&E or the respective company, and your use of any such logo, copyright, or trademark is expressly prohibited.
(5) LINKS TO EXTERNAL SITES
This web-site may contain links to other web sites that are not owned, maintained, or operated by H&E ("External Sites"). You acknowledge that H&E is not responsible for any claim or damage that may arise from your use of any External Site regardless of the nature of such claim (including but not limited to the availability of such External Site or its content). You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
(6) PERSONAL INFORMATION COLLECTION, DISCLOSURE, AND USE CONSENT
For your information, any of your personal information collected through your use of the web-site may be stored and processed in the United States or any other country. You understand and acknowledge that your use of this web-site is contingent on your consent to any such transfer of information outside of your country of residence.
H&E will take all reasonable steps to protect your personal information, but H&E cannot be responsible for the acts of those who gain unauthorized access, and H&E makes no warranty, express, implied, or otherwise, that we can prevent unauthorized access to your private information. IN NO EVENT SHALL H&E OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, EVEN IF H&E HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. THIS LIMITATION APPLIES WHETHER THE DAMAGE OR CLAIM ARSES UNDER AN ACTION OR THEORY OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEB-SITE.
(7) TERMS RELATED TO SERVICES OFFERED ON OUR WEB-SITE:
(a) ACCEPTANCE OF ORDERS
You may place orders via the web-site that results in an e-mail confirmation of the order request. Your receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. H&E reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
H&E further reserves the right to cancel or refuse orders or requests for products or services listed with incorrect information (including, but not limited to incorrect price, rebate terms, refund terms, or any other incorrect information). This right exists whether or not the order has been confirmed, accepted, and you have been charged for the transaction.
(b) SALES CONDITIONS
In order to initiate or complete an order, purchase, sale, or request for service using this web-site, you acknowledge that you are at least eighteen (18) years old or the legal, recognized age of majority in your jurisdiction, and that you have no other impairments that would abrogate your consent to enter into the requested transaction. H&E reserves the right to cancel or refuse orders or requests for products or services if it learns or believes that an impairment exists that would abrogate your consent to enter into the requested transaction.
(c) CREDIT CARD AUTHORIZATION
In the event that your order or request for service requires use of a credit card, you agree to provide a valid credit card number with correct associated payment information including: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. Your submission of this information authorizes H&E to charge your card at our convenience but within thirty (30) days of credit card authorization. Furthermore, you warrant to H&E that you are the owner or an authorized user of that credit card. You further agree to indemnify, defend, and hold H&E harmless from any subsequent claim arising from use of your credit card in connection with this web-site (including, but not limited to, fraudulent use). YOU, AND SOLELY YOU, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED CHARGES OR AMOUNTS THAT ARE BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. Moreover, by electing to use your credit card to initiate or complete an order on this web-site, you expressly and unequivocally grant H&E permission to contact your bank to verify your name, address, or any other information required to complete your request. All sales of products and services are final. All charges from those sales are nonrefundable.
(d) SALES TAX
H&E will charge any applicable taxes for orders in accordance with applicable local, state, and federal requirements.
(e) CUMULATIVE EFFECT WITH OTHER TERMS AND CONDITIONS
Note that most sales, rentals, or requests for credit are subject to terms and conditions. Nothing contained in these terms and conditions should be construed as a waiver or abrogation of any of the terms and conditions in any other contract that you may have with H&E. The obligations outlined in these terms and conditions are cumulative and in addition to the terms and conditions contained in any other such arrangement with H&E.
(f) PRICE CONTROL
H&E RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES, BILLING METHODS, CREDIT REQUIREMENTS, INSURANCE REQUIREMENTS, OR ANY OTHER TERMS AND CONDITIONS RELATED TO PRODUCTS OR SERVICES THAT IT SELLS. ANY SUCH CHANGE IS EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
(8) IMAGES, LOGOS, TRADEMARKS & COPYRIGHT:
The images, logos, copy and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without express written permission of H&E Equipment Services, Inc., are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission, of H&E Equipment Services, Inc. or the official holder of the copyright or trademark.
H&E’s delay or failure to take actions allowed under these terms and conditions shall not be construed as a waiver of any provision of these terms and conditions or any other terms and conditions in any other agreement between you and H&E. If any provision or part of any provision of these terms and conditions is invalid or unenforceable under applicable law for any reason, the remaining provisions or the remaining portions of the offending provision shall be deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable).
These terms and conditions shall be governed by the laws of the State of Louisiana without regard to or application of any conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Baton Rouge, Louisiana. Any right that you may have under these terms and conditions are strictly personal rights that may not be transferred, assigned, or delegated to anyone or any other entity. Any attempt by you to assign, transfer, or delegate any rights that you may have under these terms and conditions shall be null and void. H&E may freely assign rights that it may have under these terms and conditions without consent or notice.