Terms of Use
This User Agreement, together with Company's Privacy Policy ("Agreement"), sets forth the obligations relating to your use of the website www.ironconnect.com (the "Site"), which is owned and operated by IronConnect, LLC, a Nebraska limited liability company (the "Company"), and all services Company now offers or may offer in the future through the Site. Please read this Agreement carefully before using the Site. Your use of the Site is expressly conditioned on your acceptance of this Agreement. Do not use this Site if you do not fully agree with the terms and conditions set forth herein. If you have any questions about this Agreement, please email info@IronConnect.com.
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Use of Site.
You shall use the Site only for legitimate purposes as the Site is intended to be used. You shall provide only truthful and accurate information to the Site and you are prohibited from transmitting or uploading any information that contains a virus, bug, or other harmful item.
You will not violate any copyright or other intellectual property or privacy right, or law with respect to your use of the Site. No part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, for any purpose, to any third party, without the express written permission of the Company.
You will not take any action that will interfere with the proper working of the Site or, in the Company's sole discretion, impose an unreasonable or disproportionately large load on the infrastructure of the Site or Company's systems or networks, or any systems or networks connected to the Site or Company.
All transactions and the terms of any agreements that may occur between users of the Site are determined solely through direct user to user negotiation and interaction. The Company is not acting as an employee, agent, representative, broker, dealer, real estate broker, associate real estate broker, real estate agent, real estate salesperson, mortgage broker, mortgage lender, appraiser of real property, marketing agency, or marketing agent of any users of the Site. The Company does not produce, manufacture, handle, hold, maintain, store, process, distribute, transport, deliver, or take possession of any listed equipment, parts or services, at any time. The Company is not bonded for the protection of sellers or buyers or any user of the Site.
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Prohibited Uses.
As part of the Site and Company services, the Company may provide access to data, information, and content of other users, including but not limited current and historical equipment, parts, and/or services of such users, and related information, materials, and content, and advertiser phone numbers and advertiser contact information( "Site Information"). You must not:
- modify or alter any Site Information, content, materials or portions of the Site in any way;
- remove any indications of ownership from any Site Information or content which came from the Site, or claim it as your own or as that of any other entity or individual;
- use any part of our Site, Site Information, or content on the Site in violation of any applicable laws, rules or regulations, or for any purpose not expressly provided for in this Agreement without obtaining a license to do so from Company or its licensors;
- access, or attempt to access, parts of the Site that are not intended for public use (including but not limited to website administration areas);
- modify, adapt or reverse engineer any aspect of the Site or Site Information;
- conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Site Information or the Site;
- use any robot, spider, scraper, data mining tool, data gathering tools, data extraction tools, or any other automated means to access the Site, or collect, copy or record the Site Information or content off the Site;
- copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Site Information or content of the Site, including the text, images, audio, and video, for public or commercial purposes, including generating any reports or aggregating any data or content;
- extract reports from the Site Information, or the Site;
- take photos, screenshots or other images of Site Information, the Site, or any content therein;
- use the Site Information or the Site in competition with the Company, to develop competing products or services, or otherwise to the Company's detriment or commercial disadvantage, or to contact other users for the purpose of marketing, selling or promoting any product or services, other than as intended through the Site;
- use the Site Information or the Site for benchmarking or competitive analysis of the Company or its services;
- identify the Company or display any portion of the Site Information or the Site on any website or service that disparages the Company or the Company's products or services, or infringes any of the Company's intellectual property or other rights;
- attempt to disrupt or interfere with the Site Information or the Site in any way or with another user's/visitor's use of the Site, or use the Site Information or the Site as a means of disrupting or interfering with other websites or networks;
- probe, scan or test for vulnerabilities of the Site or other websites, or any networks connected to them;
- willfully corrupt any Site Information, data, documents or content available through the Site;
- knowingly or recklessly transmit or distribute a virus into the Site or Company network and computer systems;
- use the Site Information or the Site to harass other users of the Site or Company services;
- use the Site Information or the Site in a manner that suggests an unauthorized association with any of Company's products, Site, services, or brands;
- use the Site Information or the Site to send any prohibited e-mails, messages, phone calls, or broadcasts (i.e., spam, junk mail); or
- assist, encourage or permit any other person to do any of the acts described above.
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Site Account.
If you register an account on the Site or were registered by an IronConnect employee and are using the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are not permitted to allow third parties to access the Site from your account, and you are not permitted to access areas of the Site which require registration using someone else's account.
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Age.
Children under 18 years of age (or the age of majority in their state if different) are not permitted to use this Site and/or provide any personal information on this Site. You agree that you are at least 18 years old (or the age of majority in their state if different). Furthermore, if you enter into any online transactions on this Site, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on the Site.
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Privacy.
You have read and agree to the Site's Privacy Policy.
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Intellectual Property Rights.
All right, title, and interest in and to the Site, together with its content, codes, sequences, derivative works, organization and structure, any documentation, data, or other related materials (collectively, the "IP"), is, and at all times shall remain, the sole and exclusive property of the Company and/or any third parties from which the Company has licensed portions of the IP, if any, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and other intellectual property rights and unfair competition laws.
You must treat the IP like any other copyrighted material and you may not copy, reproduce, or distribute the IP, electronically or otherwise, for any purpose, without the express written permission of the Company.
You will promptly notify Company of any unauthorized use of the IP by any person, company, or other entity and will participate as needed in the investigation of any potential infringement thereof.
You agree to cease and desist any and all use of Company's IP upon written demand by Company or upon termination of the Agreement.
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Tax.
The Company is not responsible for determining whether tax applies to any transaction between users, or for withholding, collecting, reporting, or remitting any tax arising from any transactions between users on the Site. The payment and collection of applicable taxes (including income, property, sales, excise, import, export, VAT and other taxes or duties associated with the purchase/use and sale/solicitation of anything on the Site must be, and are, the exclusive responsibility of the buyer and seller, as applicable.
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User Content.
You have the ability to submit user created content, and Company will collect data, content and information that you provide Company or that is collected by Company as you use the Site or Company services (collectively "User Content"), which may include, but is not limited to, equipment listings, parts listings, service listings, discussion board postings, or other content. For all User Content submitted to the Site, you hereby warrant and represent: (i) that you own or otherwise control all of the rights to the User Content that you submit; (ii) that the User Content is accurate; (iii) that use of the User Content you supply does not violate this Agreement; (iv) the Company and/or Site users use of the User Content will not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, moral rights, or any applicable law or regulation; (v) you have obtained the appropriate licenses, permissions, and/or releases from all individuals whose name, image, photograph, likeness, and/or other identifying characteristics appear in your User Content; and (vi) you will indemnify, defend, and hold harmless the Company for all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to User Content you supply.
You hereby grant to the Company, and represent and warrant that you have all rights and consents necessary to grant to the Company, a worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, royalty-free license and all necessary permissions and/or consents required (with full right to sub-license) to use, host, store, aggregate, anonymize, reproduce, exploit, modify, edit, adapt, redistribute, import, access, review, copy, share, disclose, generate analytics and outputs from, generate reports from, preserve, extract, publish, transmit, publicly display, publicly perform, communicate, exhibit, summarize, process, translate, transcribe, distribute, participate in the transfer of, create or prepare derivative works from, make available to third-parties (for their own use, storage, reproduction, distribution and right to make available to third-parties), and alter all your User Content in any manner, mode of delivery, or media now known or developed in the future for any reason or purpose, including but not limited to, the Site and Company product and service development, marketing, analytics, quality assurance, fraud prevention, machine learning, artificial intelligence, training, testing, and improvement or any combination thereof. The Company is not responsible for any loss or damage to your User Content while it is in the Company's possession, and you should separately maintain copies of the User Content you provide to the Company. The Company has the right to disclose your identity to any third party who is claiming that any content submitted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. At any time, the Company has the right to remove any User Content you submit to the Site if, in the Company's sole discretion, your post does not comply with this Agreement.
The Company takes no responsibility and assumes no liability for any of your User Content.
The Company Site and services may include content uploaded by other users of the Site, including, but not limited to, bulletin boards and chat rooms. This content has not been reviewed, verified or approved by the Company. The views expressed by other users on the Site do not represent the Company's views or values.
For any third party User Content (including Site Information) that you download or use through the Site, you agree that: (i) you will not to violate any intellectual property or other laws with respect to the User Content, and (ii) the owner of the User Content will be the owner of any derivative works, modifications, or updates made by you.
The Company and/or the Site may, but is not obligated to monitor user uploaded content to make sure it meets the standards and expectations of the Site. You do not have the absolute right to provide User Content and the Company reserves the right to remove any unacceptable User Content from the Site, in its sole discretion. The following list is an illustrative, but not exhaustive, list of guidelines for User Content. No User Content may: (i) defame, abuse, harass or threaten others; (ii) promote, advocate or support any illegal activities; (iii) include any vulgar, indecent, obscene, or sexually explicit images, language, or data; (iv) include bigoted, racially offensive, or hateful statements; or (v) violate any applicable law. Additionally, the Company further reserves the right to remove User Content that is not germane to the purpose of the Site.
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Exclusion of Warranty.
To the maximum extent allowed by law, the Company and the Site make no warranty of any kind regarding the Site, Site Information, User Content, items or services listed on the Site, and/or materials provided on the Site, or any transactions or discussions occurring between users, whether express or implied, including without limitation, implied warranties of non-infringement, merchantability or fitness for a particular purpose, all of which are provided on an "as-is" basis. Many of the links, articles, and other data on the Site are provided by third parties and the Company and/or the Site does not warrant the truth or accuracy of any statements on the Site. The Company and the Site further make no warranty of any kind regarding the links to other websites on the Site and the content present at said links, all of which links are provided on an "as-is" basis.
The Company is solely a passive conduit to provide content and to facilitate communications between a buyer and a seller, and in no event does the Company sell any items or services provided on the Site. The Company makes no warranty that the items or services listed on the Site will properly function or operate when you receive them, nor that they will continue to operate or function for any period of time after you receive them. To the fullest extent permissible by law, the Company makes no representations or warranties of any kind whatsoever for any items or services listed on the Site or for the security associated with the transmission of sensitive information through the Site or any linked site, even if the Company becomes aware of any issues therewith.
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Limitation of Liability; Release.
The Site and the Company assume no responsibility and shall not be liable for any damages that occur based on your access to or use of the Site, including but not limited to (i) damages to your computer equipment or other property that may result from viruses, bugs, or any cause; and (ii) any and all losses, injuries, or claims of any kind resulting directly or indirectly from your use of the Site. THE COMPANY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.
You accept sole and complete responsibility for: (a) the selection of the Site to achieve your intended results; (b) your use of the Site; (c) the results obtained from the Site; (d) your selection, use, or review of any third party User Content and any decisions based thereon; (e) the terms and conditions of any transaction with any other user through the Site; and (f) the quality and condition of any items or services you purchase or obtain from any other user through the Site. You shall not assert any claims against the Company based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation by another third party user. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF, RELATED TO, OR RESULTING FROM, THE SITE, THIS AGREEMENT, USE OF OR INABILITY TO USE THE SITE, OR THE ACTIONS OR CONDUCT OF ANY USERS OF THE SITE, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
Additionally, in no case whatsoever shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from this Agreement, the purchase, sale or use of any items on the Site, the User Content, or your use of the Site exceed, in the aggregate, the greater of (a) fifty and no/100 dollars ($50.00), and (b) the aggregate fees payable by you to the Company for use of the Company's Site and related services during the previous six (6) month period.
In the event that you have a dispute with one or more other users of the Site, including, without limitation, any third party visitor to the Site or the provider of any third party website or application that may be linked to or from the Site, you hereby agree to release, remise and forever discharge the indemnified parties from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute.
California Notice: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
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User Uploaded Content.
The Site and/or the Company do not make any representations as to the functionality, operations, truth or accuracy of any third party User Content, including Site Information. The Site and Company do not review or approve all User Content before it is posted and uploaded to the Site. You understand and acknowledge that said information is not verified and/or endorsed by the Site or Company. The Company has not reviewed, and cannot review, all of the User Content uploaded by users. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, bugs, and other harmful or destructive content. User content may contain technical inaccuracies, offensive materials, or material that violates third party intellectual rights. The Company disclaims any responsibility for or knowledge of any such violations in any User Content, including Site Information.
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Indemnification.
To the maximum extent allowed by law, you shall defend and indemnify the Company and its members, managers, directors, shareholders, employees, agents, representatives and affiliates from ("Indemnified Parties") from and against any and all claims, losses, causes of action or demands, including reasonable attorney's fees, brought against the Company and/or the Site by any third party as a result of your use of the Site, breach of this Agreement, your User Content, or any actions by you or your employees, agents, or representatives.
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Your Interactions with Other Users.
The Company is not responsible for the conduct of any Site user. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND/OR TRANSACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS AND FINANCIAL CONDITIONS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR THE QUALITY OF ANY PRODUCTS OR SERVICES OFFERED BY ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND/OR ANY PRODUCTS OR SERVICES THAT ANY USERS OFFER, SELL, OR TRADE ON THE SITE. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the site or meet in person, or if you decide to send money to or enter into a transaction with another user.
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Applicable Law.
The laws of the State of Nebraska, without reference to Nebraska's conflict of law principals, shall govern this Agreement and all of the transactions contemplated by it, as well as all matters arising out of or relating to it, including without limitation claims as to its validity, interpretation, construction, performance, and all claims sounding in tort. Any legal action or proceeding with respect to this Agreement or any document related hereto shall be brought only in the circuit courts of Nebraska, or the United States District Court for the District of Nebraska, and, by execution and delivery of this Agreement, each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The Parties hereby irrevocably waive any objection, including, without limitation, any forum non conveniens, which any of them may now or hereafter have to the bringing of such action or proceeding in such respective jurisdictions.
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Violation of Terms of Use.
Company may, in its sole discretion and without proper notice, terminate your access to the Site and/or block your future access to the Site if Company determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Site. Additionally, the Company may terminate this Agreement and your access to the Site and Company services at any time, for any reason, or for no reason.
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Termination.
This Agreement will remain effective until terminated by Company.
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Amendment.
Company may modify, add, or remove any portion of this Agreement (including any documents incorporated herein), from time to time, in the Company's sole discretion, with or without notice to you, by posting such change on the Site. Once posted, such changes shall come into full force and effect.
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Miscellaneous.
If a court of competent jurisdiction determines that the scope of any provision of this Agreement is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable. Provisions of this Agreement, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement, including but not limited to, Sections 6, 8, 9, 10, 12, 14, 16, and 18. If any provision of this Agreement is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof. This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and assigns. This Agreement may not be assigned by you without Company's prior written consent. No delay or omission by a party in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
The introductory paragraph, and any documents that are linked to or referenced in this Agreement, are hereby incorporated by reference and made part of this Agreement. Collectively, the foregoing constitutes the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
Last updated: March 20, 2025