Terms of Use

Last Updated: April 25, 2025

Welcome to Machinery List LLC ("**Machinery List," "we," "our," or "us""). These Terms of Use ("Terms") govern your access to and use of machinerylist.com, our mobile applications, and any related tools or services (collectively, the "Services"). By accessing or using the Services, you ("**you" or "User"") agree to be bound by these Terms and all policies referenced herein. If you do not agree, do not access or use the Services.

1. Our Role

Machinery List is an online marketplace that enables buyers and sellers of heavy equipment to discover, connect, and conclude transactions directly with each other. We are not a broker, dealer, auctioneer, escrow agent, or insurer. Unless expressly stated otherwise, Machinery List does not own, inspect, or possess any equipment listed on the Services and does not guarantee the existence, quality, safety, or legality of listed items or the truth or accuracy of listings.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract under applicable law to use the Services. By using the Services, you represent and warrant that you (a) meet these requirements; (b) have not been previously suspended or removed by Machinery List; and (c) are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist‑supporting" country.

3. Account Registration & Security

  1. Registration. Certain features require creating an account and providing accurate, current, and complete information.

  2. Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

  3. Verification. We may, at our discretion, require identity, business, or equipment‑ownership verification and may suspend or terminate accounts that fail verification.

4. Listings & Transactions

  1. Listing Accuracy. Sellers must provide complete, accurate, and non‑misleading information about equipment offered, including condition, ownership status, and any liens or encumbrances.

  2. Prohibited Listings. You may not list stolen equipment, counterfeit items, or items that violate applicable laws or third‑party rights.

  3. Direct Transactions. Buyers and sellers negotiate and enter into transactions directly. Machinery List does not control or guarantee payment, delivery, title transfer, or dispute resolution between Users.

  4. Compliance. Users are solely responsible for complying with all applicable export controls, tax obligations, registration, title, and regulatory requirements related to their transactions.

5. Fees & Payment

  1. Marketplace Fees. We may charge listing fees, subscription fees, advertising fees, or transaction‑based commissions as set forth on the Services. Fees are non‑refundable unless otherwise stated.

  2. Payment Processing. If we facilitate payment processing, you authorize us and our third‑party payment providers to charge your chosen payment method for all applicable fees.

  3. Taxes. You are responsible for determining and paying all taxes, duties, or other governmental charges that may apply to your transactions.

6. Prohibited Conduct

You agree not to:

  • Violate any applicable law, regulation, or third‑party right.

  • Post false, misleading, or defamatory content.

  • Use the Services to distribute spam, malware, or other harmful content.

  • Harvest or scrape User data or content without written permission.

  • Circumvent any technical measures we implement to protect the Services.

  • Interfere with the proper working of the Services or engage in fraudulent activity.

7. Data & Analytics

  1. Listing Data. By uploading or posting listings, you grant Machinery List a worldwide, non‑exclusive, royalty‑free license to (a) host, display, reproduce, and distribute your listing content on the Services; and (b) aggregate, anonymize, analyze, and create derivative works from listing data and transaction metadata for statistical, research, benchmarking, or commercial purposes ("Market Insights").

  2. Privacy. Personal data is processed in accordance with our Privacy Policy (incorporated by reference). We will not publicly disclose personally identifiable information in Market Insights without your consent.

8. Intellectual Property

  1. Services IP. The Services, including all content, visual interfaces, graphics, design, logos, and software, are owned by or licensed to Machinery List and are protected by intellectual‑property laws.

  2. User Content. You retain ownership of content you submit but grant Machinery List the rights described in Section 7. You represent that you have all rights necessary to grant such license.

  3. Trademarks. "Machinery List" and related marks are our trademarks. You may not use them without prior written permission.

9. Third‑Party Content & Links

The Services may contain links to third‑party websites or display content provided by third parties. Machinery List does not endorse or assume responsibility for any third‑party sites, products, or services.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MACHINERY LIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR FREE FROM VIRUSES.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MACHINERY LIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE TOTAL FEES YOU PAID TO MACHINERY LIST IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Machinery List and its affiliates from and against any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms; or (c) your infringement of any intellectual‑property or other right of any person or entity.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, all provisions which by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnity) shall survive.

14. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Arizona, USA, without regard to conflict‑of‑law principles. Any dispute arising under these Terms will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.

15. Changes to Terms

We may modify these Terms from time to time. We will post the revised Terms and update the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

16. Contact Us

For questions about these Terms or the Services, please contact us at info@machinerylist.com