Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THIS SITE.

The following Terms of Use apply to the use of the website www.forkliftinventory.com (together with its subdomains and all web pages thereon, the “Site”), which is owned by LeadVision, LLC (“LeadVision”). The terms “you” and “your” refer to the user using the Site. The terms “we”, “us” and “our” refer to LeadVision. Please carefully read these Terms of Use and the Privacy Policy for this Site (the “Privacy Policy”, which is incorporated herein by reference) before using the Site, so that you are aware of your legal rights and obligations. By using the Site, you acknowledge and agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use or the Privacy Policy, then do not use or access the Site. Use of this Site is not permitted in any jurisdiction where such use would violate any applicable law, regulation, or ordinance. Your use of the Site does not create, and shall not be construed to create, any form of agency or other relationship between you and us.

As used in these Terms of Use or elsewhere on the Site (unless expressly stated otherwise), “Partners” of LeadVision shall mean LeadVision’s previous and current network of affiliates, service providers, advertisers, analytics providers, and sellers.

Information Submission. All communications and information you submit through the Site, including any personal contact information, must be your own and accurate.

SMS Text Marketing and Other Notifications. By submitting personal contact information to us in connection with a request for quotes, entering your phone number in any of the forms located throughout the Site, or subscribing via our keyword, you understand and acknowledge that you are providing express written consent to receive telephone calls, SMS text notifications (for confirmation of your quote request), SMS text marketing offers, and email communications from us and our Partners, and you consent to receiving such communications even if the telephone number you provided to us is located on any “do not call” list of any kind or nature. You understand and agree that any telephone calls may be placed by automatic dialing or other means, and that telephone communications may include live communications and/or pre-recorded communications. SMS text marketing messages from us will not exceed four (4) per calendar month, and message and data rates/charges may apply. If you no longer wish to receive SMS text messages, you may unsubscribe by replying ‘STOP’ to any received SMS text message, or by contacting us at the following email address: privacy@leadvision.com.

Modifications. In our sole and absolute discretion, we reserve the right to make changes to the Site, these Terms of Use, the Privacy Policy, or any other policy or term related to the Site at any time and without any notice other than the posting of such modification on the Site. Your continued use of the Site following the posting of any such modification shall constitute your agreement to and acceptance of such modification. On any occasion that you use the Site, you should visit and review the then-applicable Terms of Use and Privacy Policy.

Ability to Accept Terms. You must be at least eighteen (18) years of age to use this Site. If you are under the age of eighteen (18) years, we do not grant you permission to use this Site, and you must immediately discontinue your use of this Site.

Restrictions. You shall not use, copy, distribute, broadcast, license, reverse engineer, modify, sell, creative derivative works of, transfer, reproduce, distribute or display any part of the Site without written authorization from LeadVision. Except as may be expressly set forth in the Terms of Use, no license of any kind is granted to you with respect to the Site or any of its content by LeadVision.

Termination of Use. We may suspend or terminate your use of the Site at our sole and absolute discretion, at any time and without notice, without any liability.

Intellectual Property. All content on the Site, including but not limited to text, documents, articles, descriptions, reviews, products, graphics, logos, trademarks, photos, and videos are the property of LeadVision and/or its Partners/respective owners, and are protected by copyright or other intellectual property laws, all of which are expressly reserved. You may use the content and software on this Site as a shopping and/or comparison resource only, for personal non-commercial purposes only. Any other use of the Site, its content, or software is strictly prohibited. Tampering with the Site, misrepresenting the identity of another user/individual, or participating in any other fraudulent activities on the Site are strictly prohibited and will result in termination of use.

Third-Party Content and Sources. As used herein, the term “Third-Party Sources” refers to websites or other offerings from our Partners, affiliates, and customers. This Site may enable you to interact with, view, and access content from Third-Party Sources, which content is not owned or controlled by LeadVision. We do not have control over Third-Party Sources and do not assume responsibility for the content, terms of use, privacy policy, or other practices of any Third-Party Sources. Please review the terms of use and privacy policy, if any, of any Third-Party Sources before you interact with them, as any use by you of Third-Party Sources is solely your responsibility and is entirely at your own risk. We are not responsible for the accuracy of content from any Third-Party Sources located on the Site. Any link to Third-Party Sources on the Site is for your convenience only, and does not constitute any acceptance of any liability associated with your use of such Third-Party Sources. By using the Site, you hereby release us from any liability arising from your use and/or interaction with any Third-Party Sources. Any questions or concerns about any Third-Party Sources or the content thereon should be directed to the Webmaster or administrator of such site or service.

Site Information and Content. We attempt to provide the most accurate information available to us. However, we cannot and do not claim that the Site is accurate, complete, current, updated, or compatible with any particular computer software or hardware. We reserve the right to make changes to the Site at any time, at our discretion. Your access to the Site may be disconnected or interrupted at any time without notice, and we make no representations or warranties regarding the availability of the Site at any time. Your use of the Site is solely at your own risk.

Limitation of Liability and Indemnification. In no event shall we or any of our Partners, affiliates, officers, directors, managers, associates, representatives, agents, or employees (collectively, “Related Parties”) be liable for any damage, loss, injury, or expense of any kind arising from, resulting from, or connected in any way with your use of the Site, including without limitation the use or inability to use the Site or any Third-Party Sources. You agree to indemnify and hold us, and each of the Related Parties, harmless from any and all damages, losses, expenses, and costs of any kind, including without limitation attorney fees, arising from, related to, or connected with any use of the Site by you that violates these Terms of Use or any applicable law, regulation, or ordinance.

DISCLAIMER OF WARRANTIES.

THE SITE, AND ALL CONTENT THEREON, IS PROVIDED STRICTLY ON AN “AS-IS” BASIS. LEADVISION DOES NOT MAKE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATED THERETO, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU ASSUME SOLE RESPONSIBILITY FOR SUCH USE.

Prices and Availability. The prices and availability of any services and/or products are subject to change without notice. LeadVision and its Partners reserve the right to revoke any offering to correct any inaccuracies and/or errors that may occur. Partners are not obligated to offer their products or services on our Site. Our Partners may have additional offers and/or services that are not listed on our Site.

Miscellaneous Terms. The information and other content on the Site is not intended to provide, and shall not be construed as providing, suggestions, advice, counsel, guidance, or recommendations for selecting a service provider. These Terms of Use, and your use of this Site, shall be governed by the laws of the State of North Carolina, without regard to the conflicts of laws provisions thereof. In the event of any dispute or claim arising from, related to, or in connection with your use of the Site, or which otherwise involves the content of the Site or these Terms of Use, you agree that any such dispute or claim shall be resolved only in the state or federal courts located in Mecklenburg County, North Carolina.

Arbitration Agreement

Any dispute or claim relating in any way to your use of this website, including any related calls, texts or other communications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes claims against our clients, vendors, and Marketing Partners, which are third party beneficiaries of this arbitration agreement. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms as a court would.

The arbitration may be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.