Terms and Conditions
Agreement between User and fpe-store.com
This Agreement governs your relationship with our website “fpe-store.com”, its corresponding Applications, content, products, services, and technology platform.
Welcome to fpe-store.com. The fpe-store.com website (the "Site") is comprised of various web pages operated by Forklifts Parts and Equipment Import and Export INC ("Forklifts Parts and Equipment"). fpe-store.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of fpe-store.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
fpe-store.com is an E-Commerce Site
The purpose of Forklifts Parts and Equipment e-commerce website are to sell products to our customers.
Users, account holders, clients are collectively referred to herein as “Users,” and the services provided by us to Clients shall be referred to herein as "E-Commerce Services." Access to and use of the fpe-store.com website, mobile application, its corresponding features, and technology platform (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using our website “fpe-store.com”, mobile application, its corresponding features, and technology platform you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. It is dated as the date User agrees to this agreement.
This agreement provides Users access to a proprietary online software service that delivers a comprehensive and reliable platform providing subscribers with quick, easy, and affordable access to delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Forklifts Parts and Equipment or certain of Forklifts Parts and Equipment’s affiliates.
Access to our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.
We will not be liable if for any reason our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website “www.fpe-store.com” or the entire Mobile application due to scheduled outages, and (y) unavailability caused by force majeure.
BY USING OR OTHERWISE ACCESSING OUR WEBSITE “www.fpe-store.com”, THE MOBILE APPLICATION, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, PURCHASING ANY PRODUCTS OR SERVICES VIA THE MOBILE APPLICATION, OR ITS CORRESPONDING FEATURESS, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS OUR WEBSITE “www.fpe-store.com”, THE MOBILE APPLICATION, CREATE, REGISTER OR ACCESS AN ACCOUNT, ACCESS OUR WEBSITE “www.fpe-store.com”, ITS APPLICATIONS, OR PURCHASE ANY PRODUCTS OR SERVICES VIA OUR WEBSITE “www.fpe-store.com”, THE MOBILE APPLICATION OR THE APPLICATIONS. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEYPAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO FORKLIFTS PARTS AND EQUIPMENT OR ACCESSING FORKLIFTS PARTS AND EQUIPMENT CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND FORKLIFTS PARTS AND EQUIPMENT.
Visiting fpe-store.com or sending emails to Forklifts Parts and Equipment constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Forklifts Parts and Equipment is not responsible for third party access to your account that results from theft or misappropriation of your account. Forklifts Parts and Equipment and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You will need an account to access some of the information on our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform. You may be required to be logged in to the account and have a valid payment method associated with it to make use these services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Forklifts Parts and Equipment reserves the right to refuse service, terminate accounts, terminate your rights to use our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform, or cancel service requests in its sole discretion. We may terminate your access or suspend your right to access to all or part of our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse a request or use of our Services from any users in our sole discretion.
You agree that Forklifts Parts and Equipment may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Forklifts Parts and Equipment account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Forklifts Parts and Equipment at any time, either by texting the word "STOP" to __________ using the mobile device that is receiving the messages, or by contacting Forklifts Parts and Equipment may contact you as outlined in its User Privacy Statement, located at info@fpe- store.com.
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE, ACTIVITIES, OR CHARGES. WE, AND OUR AFFILIATES, ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT. You must contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You will be deemed to have taken any action that occurs under your account. You agree to keep your password secret and not share it with anyone except as expressly allowed under this Agreement. YOUR ACCOUNT IS FOR YOUR USE ONLY. YOU SHALL NOT SHARE YOUR ACCOUNT WITH ANY OTHER INDIVIDUAL OR ENTITY OR SELL, TRANSFER OR SUBLICENSE YOUR ACCOUNT. You also agree not to setup any account pretending to be someone else (or spoof someone’s identity).
Fees and Payments
The cost of the Products and Services depends upon the type of account and level of access you have purchased. You will pay us the applicable fees and charges for use of the Products and Services as presented to you during the request for services.
Other fee and surcharges may apply to your order, including; tips, state or local fees and taxes, or event fees as determined by Forklifts Parts and Equipment, the venue, or its marketing partners. In addition, where required by law, Forklifts Parts and Equipment will collect applicable taxes.
You may subscribe to additional Services, including any new value-added services made available by Forklifts Parts and Equipment from time to time. All new Services are subject to these Terms of Service, as amended from time to time.
Forklifts Parts and Equipment will happily accept returns due to change of mind as long as a request to return is received by us within 30 days of receipt of item and are returned to us in original packaging, unused and in resealable condition. If you change your mind before you have received your order, we are able to accept cancellations at any time before the order has been dispatched. If an order has already been dispatched, please refer to our refund policy.
Links to Third Party Sites/Third Party Services
fpe-store.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Forklifts Parts and Equipment and Forklifts Parts and Equipment is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Forklifts Parts and Equipment is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Forklifts Parts and Equipment of the site or any association with its operators.
Certain services made available via fpe-store.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the fpe-store.com domain, you hereby acknowledge and consent that Forklifts Parts and Equipment may share such information and data with any third party with whom Forklifts Parts and Equipment has a contractual relationship to provide the requested product, service or functionality on behalf of fpe-store.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Forklifts Parts and Equipment or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Forklifts Parts and Equipment content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Forklifts Parts and Equipment and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Forklifts Parts and Equipment or our licensors except as expressly authorized by these Terms.
The intellectual property rights made available to you on or through our website “www.fpe-store.com”, this mobile application, its corresponding features, and technology platform remains the property of Forklifts Parts and Equipment or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Forklifts Parts and Equipment and its licensors. You are not permitted to publish, store, download, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our website “www.fpe-store.com”, this mobile application, its corresponding features, and technology platform nor may you use any such content in connection with any business or commercial enterprise.
Copyright and Copyright Notices
Forklifts Parts and Equipment respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Forklifts Parts and Equipment’s Copyright Agent the following information: an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website “www.fpe-store.com” or the Mobile Application sufficient to allow us to locate the allegedly infringing material; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact Forklifts Parts and Equipment’s Copyright Agent for Notice of Claims of copyright infringement at:
FORKLIFTS PARTS AND EQUIPMENT IMPORT & EXPORT, INC.
With copy to:
Augusto Perera, Esq. E
Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice-Counter-Notice.
We may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we determine: (a) your use of or registration for the Services may subject us, our affiliates, or any third party to liability or may adversely impact the Services or the systems or content of any other Forklifts Parts and Equipment user; or (b) you are in breach of this Agreement. If we suspend your right to access or use any portion or all of the Services you remain responsible for all fees you have incurred through the date of suspension and for any applicable fees for any Services to which you continue to have access. Our right to suspend your right to access or use the Services is in addition to our right to terminate this Agreement pursuant to the Termination Section.
We may terminate this Agreement at any time and for any reason, immediately, without notice or liability. We may also terminate this Agreement immediately, without notice or liability, if we determine in our sole discretion that: (i) you have breached any portion of this Agreement; (ii) your use of, or access to, the Services violates any applicable law, rule or regulation or otherwise inhibits any other user from using or accessing the Service; (iii) the reasons for suspension in Suspension Section will not be cured; (iv) our relationship with a third party partner who provides software, content, data, or other technology we use to provide the Services expires, terminates or requires us to change the way we provide part of the Services; (v) the Services could create a substantial economic or technical burden or material security risk for us; or (vi) our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason. Upon termination of this Agreement, your rights to use the application terminates and you remain responsible for all fees you have incurred through the date of termination. We have no obligation to refund to you any prepaid fees, if any. You must uninstall any of our software associated with the Services if one is provided.
Terms of Sales
By placing a request for Products or Services you are offering to purchase a product or a service on and subject to the following terms and conditions. All requests for Products or Services are subject to availability and confirmation of the Products or Services price.
In request for Products or Services to contract with Forklifts Parts and Equipment you must be over the legal age for your state and possess a valid credit or debit card issued by a bank acceptable to us. Forklifts Parts and Equipment retains the right to refuse any request made by you. If your request is accepted we will inform you by email or push notifications and we will confirm the order. When placing a request you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your request and that there are sufficient funds to cover the cost of the goods and services being ordered. All prices advertised are subject to such changes.
Our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing our website “www.fpe- store.com”, mobile application, its corresponding features, and technology platform we must rely on parents, guardians, and those responsible for supervising minors to decide which services are appropriate for minors to view and/or purchase. By registering with us, purchasing products and services from us, or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions). If you are under the legal age of consent, you have no right to open an account or purchase our products or services.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live).
The Forklifts Parts and Equipment website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
When you place a request, you will receive an acknowledgement via email or push notification confirming receipt of your request. This notification will only be an acknowledgement and will not constitute acceptance of your request. A contract between us will not be formed until we send you written confirmation that the products or service package that you requested has been confirmed by us. Only those products or services listed in the confirmation e-mail sent at the time of acceptance will be included in the contract formed.
While we try and ensure that all details, description and prices that appear on our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform are accurate, errors may occur. If we discover an error in the price of any of our products or services that you have requested we will inform you of this as soon as possible and give you the option of reconfirming your request at the correct price or cancelling it. If we are unable to contact you we will treat the request as cancelled. If you cancel and you have already paid for the products and services, you may receive a full refund.
Upon receiving your request we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the products or services you wish to purchase. Once the request has been confirmed by us and you have been sent a confirmation email the monies paid shall be used as consideration for the value of the services you have purchased as listed in the confirmation notification.
You are responsible for reading the full description of the products or services you wish to buy before making a purchase.
As a Client on the Forklifts Parts and Equipment website “www.fpe-store.com”, mobile application and platform, you acknowledge and agree that you and Forklifts Parts and Equipment are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Forklifts Parts and Equipment expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Forklifts Parts and Equipment; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Forklifts Parts and Equipment, and you undertake not to hold yourself out as an employee, agent or authorized representative of Forklifts Parts and Equipment.
You hereby represent and warrant to Forklifts Parts and Equipment that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) you are an authorized signatory of the credit or debit card or other method of payment that you provide to Forklifts Parts and Equipment or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your Request; (c) you will comply with the terms and conditions of these Terms of Service and any other agreement to which you are subject that is related to your use of our website “www.fpe- store.com”, the Mobile Application or any part thereof or any Request that you place via our website “www.fpe-store.com” and the Mobile Application; (d) you have provided and will maintain truthful, accurate and complete information to
In the event that you post any User Content via our website “www.fpe-store.com” or the Mobile Application, you hereby make the following additional representations and warranties to Forklifts Parts and Equipment: (1) you are owner of such User Content or otherwise have the right to grant Forklifts Parts and Equipment the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON Forklifts Parts and Equipment MOBILE APPLICATION AND IN YOUR PRIVATE E-MAIL MESSAGES.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of our website “www.fpe-store.com”, the Mobile Application or any part thereof or any User Content that you may post or purchase via our website “www.fpe- store.com” or the Mobile Application, which includes, without limitation: (a) use of our website “www.fpe-store.com” or the Mobile Application to interfere, disrupt or attempt to gain unauthorized access to other accounts on our website “www.fpe-store.com” or the Mobile Application or any other computer network; (b) use of our website “www.fpe-store.com” or the Mobile Application to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (c) use of our website “www.fpe- store.com” or the Mobile Application to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (d) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in our website “www.fpe-store.com” or the Mobile Application (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Mobile Application); (e) use of our website “www.fpe-store.com” or the Mobile Application to gain competitive intelligence about FORKLIFTS PARTS AND EQUIPMENT, our website “www.fpe-store.com” or the Mobile Application or any product or service offered via our website “www.fpe-store.com” or the Mobile Application or to otherwise compete with FORKLIFTS PARTS AND EQUIPMENT or its affiliates; (f) framing or otherwise simulating the appearance or functions of our website “www.fpe-store.com” or the Mobile Application or any portion thereof; (g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (h) use of our website “www.fpe-store.com” or the Mobile Application to engage in any activity that, as determined by FORKLIFTS PARTS AND EQUIPMENT, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
With respect to your use of the FORKLIFTS PARTS AND EQUIPMENT website “www.fpe-store.com” and Mobile Application and Platform you agree that you will not: impersonate any person or entity; violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the FORKLIFTS PARTS AND EQUIPMENT Platform or the servers or networks connected to the FORKLIFTS PARTS AND EQUIPMENT Platform; post Information or interact on the FORKLIFTS PARTS AND EQUIPMENT Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the FORKLIFTS PARTS AND EQUIPMENT Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the FORKLIFTS PARTS AND EQUIPMENT Platform; “frame” or “mirror” any part of the FORKLIFTS PARTS AND EQUIPMENT Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other our website “www.fpe-store.com” or Mobile Application for any purpose; modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the FORKLIFTS PARTS AND EQUIPMENT Platform; rent, lease, lend, sell, redistribute, license or sublicense the FORKLIFTS PARTS AND EQUIPMENT Platform or access to any portion of the FORKLIFTS PARTS AND EQUIPMENT Platform; use any robot, spider, site search/retrieval Applications, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the FORKLIFTS PARTS AND EQUIPMENT Platform or its contents; link directly or indirectly to any other Mobile Applications; transfer or sell your User account, password and/or identification, or any other User's Information to any other party; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; violate any of the Referral Program rules if you participate in the Referral Program; or cause any third party to engage in the restricted activities above.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Forklifts Parts and Equipment has no obligation to monitor the Communication Services. However, Forklifts Parts and Equipment reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Forklifts Parts and Equipment reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Forklifts Parts and Equipment reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Forklifts Parts and Equipment's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Forklifts Parts and Equipment does not control or endorse the content, messages or information found in any Communication Service and, therefore, Forklifts Parts and Equipment specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Forklifts Parts and Equipment spokespersons, and their views do not necessarily reflect those of Forklifts Parts and Equipment.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
You must not misuse our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform. You will not: Access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes, reverse engineer or deconstruct the Services, setup any account pretending to be someone else (or spoof someone’s identity), commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this mobile application, its corresponding features, and technology platform. Breaching this provision would constitute a criminal offense and Forklifts Parts and Equipment will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website, the mobile application, its corresponding features, and technology platform or to your downloading of any material posted on it, or on any mobile application linked to it.
Disclaimer of Liability
The material displayed on our website “www.fpe-store.com”, mobile application, its corresponding features, and technology platform is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law FORKLIFTS PARTS AND EQUIPMENT and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this mobile application, its corresponding features, and technology platform or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect FORKLIFTS PARTS AND EQUIPMENT’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Further, our website “www.fpe-store.com”, the mobile application, its corresponding features, and technology platform is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the mobile application, its corresponding features, and technology platform will be uninterrupted or error- free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting, or use of the mobile application, its corresponding features, and technology platform is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our website “www.fpe-store.com”, the mobile application, its corresponding features, and technology platform, including but not limited to reliance by a user on any information obtained at the mobile application, its corresponding features, and technology platform, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content and services available through the mobile application, its corresponding features, and technology platform. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, then in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the mobile application, its corresponding features, and technology platform, please refer to the third-party’s terms and conditions for details.
The services in our website “www.fpe-store.com”, our mobile application, its corresponding features, and technology platform are intended for personal, commercial, and/or business use, unless otherwise indicated.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: OUR WEBSITE “www.fpe-store.com”, THE MOBILE APPLICATION, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA OUR WEBSITE “www.fpe-store.com” and THE MOBILE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORKLIFTS PARTS AND EQUIPMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CORRECTNESS AND NON-INFRINGEMENT. WITHOUT LIMITATION, FORKLIFTS PARTS AND EQUIPMENT MAKES NO WARRANTY THAT THE MOBILE APPLICATION, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA OUR WEBSITE “www.fpe-store.com” and THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND
THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE MOBILE APPLICATION WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL FORKLIFTS PARTS AND EQUIPMENT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE FORKLIFTS PARTS AND EQUIPMENT WEBSITE “www.fpe-store.com” AND MOBILE APPLICATION, OR TRANSMITTED TO OR BY ANY USERS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE “www.fpe-store.com” AND THE MOBILE APPLICATION IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE MOBILE APPLICATION OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORKLIFTS PARTS AND EQUIPMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORKLIFTS PARTS AND EQUIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR WEBSITE “www.fpe-store.com”, THE MOBILE APPLICATION, ANY CONTENT, OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE MOBILE APPLICATION; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOBILE APPLICATION OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION, ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU
ARE DISSATISFIED WITH OUR WEBSITE “www.fpe-store.com” OR THE MOBILE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF OUR WEBSITE “www.fpe-store.com” AND THE MOBILE APPLICATION AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORKLIFTS PARTS AND EQUIPMENT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE “www.fpe- store.com” OR THE MOBILE APPLICATION, PURCHASING ANY CONTENT OR PURCHASING FORKLIFTS PARTS AND EQUIPMENT'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY FORKLIFTS PARTS AND EQUIPMENT FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Materials Provided to fpe-store.com or Posted on Any Forklifts Parts and Equipment Web Page
Forklifts Parts and Equipment does not claim ownership of the materials you provide to fpe-store.com (including feedback and suggestions) or post, upload, input or submit to any Forklifts Parts and Equipment Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Forklifts Parts and Equipment, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Forklifts Parts and Equipment is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Forklifts Parts and Equipment's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your
Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Location data provided by the Forklifts Parts and Equipment Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Forklifts Parts and Equipment, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Forklifts Parts and Equipment Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Forklifts Parts and Equipment Platform may be accessible to Forklifts Parts and Equipment and certain Users of the Forklifts Parts and Equipment Platform. Web Beacons and Ad Networks
We may allow other companies, called ad networks, to serve advertisements to Users via our website “www.fpe-store.com”, Mobile Application, its corresponding features, and technology platform. Ad networks include third party ad servers, ad agencies, ad technology vendors, and research firms. FORKLIFTS PARTS AND EQUIPMENT may “target” some ads to Users that fit a certain general profile. To deliver these ads properly, the Mobile Application may include a file, called a web beacon, from these ad networks within pages served by our website “www.fpe- store.com”, the Mobile Application or implement other monitoring technologies so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other Mobile Applications. These general targets may also be used by ad networks to display targeted ads on our website “www.fpe-store.com”, other Mobile Applications as a substitute for random, irrelevant ads. In addition, our website “www.fpe-store.com” and the Mobile Application may use the technology of ad networks to serve ads only when you visit our website “www.fpe-store.com”, or our Mobile Application. Ad networks may use non-personal information, such as your state or zip code, in your request to provide advertisements about goods and services that may be of particular interest to you while you visit this our website “www.fpe-store.com” or the Mobile Application. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
Third Party Accounts
You will be able to connect your Forklifts Parts and Equipment account to third party accounts. By connecting your Forklifts Parts and Equipment account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Forklifts Parts and Equipment from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Forklifts Parts and Equipment Content accessed through fpe-store.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FORKLIFTS PARTS AND EQUIPMENT, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use our website “www.fpe-store.com”, this mobile application, its corresponding features, and technology platform or your breach of the Terms of Service.
FORKLIFTS PARTS AND EQUIPMENT shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this mobile application, its corresponding features, and technology platform .
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub- clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
You agree to indemnify, defend and hold harmless Forklifts Parts and Equipment, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Forklifts Parts and Equipment reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Forklifts Parts and Equipment in asserting any available defenses.
THE PARTIES MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION. Any dispute relating in any way to your use of Forklifts Parts and Equipment website “www.fpe-store.com”, mobile application or related to products you purchase through Forklifts Parts and Equipment’s website “www.fpe-store.com”, mobile application its corresponding features, and technology platform shall be submitted to confidential arbitration in the State of Florida, United States, except that, to the extent you have in any manner violated or threatened to violate FORKLIFTS PARTS AND EQUIPMENT’s intellectual property rights, FORKLIFTS PARTS AND EQUIPMENT may seek injunctive or other appropriate relief in any state or federal court in the United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
The interpretation and enforcement of this Policy shall be governed under the laws of the State of Florida. The sole and exclusive venue for any and all issues, claims, or causes of action arising from or related to this Agreement shall be Miami Dade County, Florida.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Forklifts Parts and Equipment agree otherwise, 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FORKLIFTS PARTS AND EQUIPMENT IMPORT AND EXPORT INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FORKLIFTS PARTS AND EQUIPMENT IMPORT AND EXPORT INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FORKLIFTS PARTS AND EQUIPMENT IMPORT AND EXPORT INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Forklifts Parts and Equipment. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Forklifts Parts and Equipment.
Changes to Terms
Forklifts Parts and Equipment reserves the right, in its sole discretion, to change the Terms under which fpe-store.com is offered. The most current version of the Terms will supersede all previous versions. Forklifts Parts and Equipment encourages you to periodically review the Terms to stay informed of our updates.
Forklifts Parts and Equipment welcomes your questions or comments regarding the Terms:
Forklifts Parts and Equipment Import and Export INC