Terms & Conditions of Sale and Returns Policies

 

THE IMPORTANT PART: Returns and Refunds. "SlingSmarter™ will not accept any chain sling return since they are built-to-order and custom-made to your specifications. SlingSmarter™ will accept component returns (where items have been purchased as individual components) in exchange for a refund of your purchase price, minus the original shipping and handling costs and subject to the 35% restocking fee" (see below for full details)

 

The Boring Bits...

SlingSmarter™ otherwise known as ("The Company") is a world-class distributor of lifting slings, that owns, operates and provides the website located at www.sling-smarter.com (the "Website"). The below ("Terms and Conditions") (these "Terms of Sale") apply to any purchase and/or sale of products and/or services through the Website and company. Throughout these Terms of Sale, the terms "us," "we," and "our" refer to SlingSmarter™ and the terms "The Customer" "Customer" "your" and "you" refer to any visitor and/or customer that makes use of the Website and/or The Company.

These Terms of Sale otherwise known as Terms and Conditions or Terms & Conditions are subject to changes by SlingSmarter™ without prior written notice at any time, at The Company's sole discretion. The most up to date version of these Terms of Sale will be available on the SlingSmarter™ Website and you should be sure to review these Terms of Sale in detail prior to purchasing any product or services through this Website or The Company. Your continued use of this Website or The Company after an update in these Terms of Sale will constitute your agreement to and acceptance of such change(s).

These Terms of Sale are a key part of the Website and The Company Terms of Use that generally apply to the use of our Website(s). You should also be sure to carefully review our Privacy Policy before placing an order for any products or services through this Website.

Placing an order for products and/or services through The Company or Website binds you by these Terms of Sale.

You are not authorized to obtain or order any products and/or services from this Website or The Company if you do not (A) Agree to these Terms of Sale (B) Are at least 18 years of age (or legal age to form a binding contract with SlingSmarter™, Or (C) Are limited from accessing or using this Website or The Company's goods, contents or services by appropriate law.

 

 

Order Acceptance and Cancellation.

You agree that your order is a commitment to purchase, under these Terms and Conditions, all products and services shown on your order. All orders must be accepted by us or we will not be obligated to provide the products or services to you. We may take the decision not to accept any order(s) at our sole discretion, even in the event that a payment is processed and accepted.

VALIDATING YOUR ORDER

After you place an order using our website, we will carefully check the information you provided us for validity, by checking your method of payment or delivery address. We reserve all rights to reject any order(s) you place with The Company, and/or to restrict quantities of products on any order, without providing any reason. If The Company chooses to reject your order, we will attempt to notify you using the e-mail address or phone number you have provided us with the order.

Your credit or debit card may still be charged if we reject an order, but we will process a refund within 7 working days if an undue charge has been made against your account or card.

ORDER CONFIRMATION/ACCEPTANCE

Your receipt of a virtual, digital or other form of order confirmation does not signify our acceptance of your order, it also does not constitute confirmation of our offer to sell or provide goods. SlingSmarter™ reserve the right to at any time after receipt of your order; accept or decline your order for any reason. You further consent that submission of any order shall subject You to the jurisdiction of the federal courts of the U.S.A. and of the State where acceptance occurred in the U.S.A.

 

ERRORS IN OUR SITE

Prices and availability of any products and services are subject to change without prior notice. SlingSmarter™ reserves the right to correct any errors and revoke any stated offer, omissions or inaccuracies including following submission of an order and regardless of whether an order has been confirmed and/or your credit card has been charged. If your card has been charged for the purchase and your order is cancelled, SlingSmarter™ will submit a credit to your card account used in the same amount as the charge. Your  bank policies will determine when this amount will be credited back to your account and we cannot be held responsible for any delays in this process. If you are not entirely satisfied with your purchase, you may return it in accordance with SlingSmarter™' Return Policy which is detailed below.

PRODUCT & MERCHANDISE INFORMATION

Hazardous Substances.

Material Safety Data Sheets otherwise known as 'MSDS' for OSHA defined hazardous substances are typically prepared and supplied by manufacturers. Any information and advice contained in the MSDS are believed by SlingSmarter™ to be accurate. The Company, however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. The Customer is solely responsible for any reliance on or use of any information, and for use or application of any product SlingSmarter™ disclaims all and any liability to any user.

Product Suitability.

Somtimes states, cities and localities have regulations and codes governing sales, intallation, construction, and/or use of some products for certain purposes, which can vary from those in neighboring localities. While SlingSmarter™ attempts to ensure that its products and supplier products comply with such codes, it cannot guarantee compliance, and cannot be held responsible for how the product is used or installed. Prior to purchase and use of a product, please be sure to take the necessary precautions and review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will conform to them.

 

Prices and Payment Terms of Sale.

All offerings and prices published on this Website are subject to change without notice. The price shown for a product or service is the price that will be in effect at the time of ordering will be issued in your order confirmation notice e-mail. Price increases shall only apply to orders placed following said changes. Published prices do not include taxes or charges for shipping, packing and handling. Any applicable such charges and taxes shall be added to your goods total and will be included in the total amount payable displayed in your shopping cart, price quotation or proforma invoice and in your order confirmation e-mail. We cannot be held responsible for pricing, mistypes or other errors in any form made by us or our suppliers and manufacturers and we reserve the right to terminate any orders arising with such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Orders are processed through Stripe using the various accepted forms of payment. The Customer represents and warrants that (i) the credit card information you provide to us is correct, true and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) all and any charges incurred by you will be authorized by your credit card company, and (iv) you will settle the charges incurred by you at the displayed prices, including all applicable taxes.

If a re-sale certificate if issued, The Customer takes full responsibility for, and unconditionally guarantees settlement of payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses that may be applicable. When placing an order, The Customer will indicate which products are tax exempt.

Payment Anticipation and cash discounts are not permitted. International and export orders may be subject to specially agreed export terms of payment and conditions. All payments should be made in USD (U.S. dollars). SlingSmarter™ shall have the right of set-off and deduction for any sums owed. Where the Customer fails to make payment within thirty (30) days, SlingSmarter™ may defer and delay shipments until said payment is settled, or may, at its option, cancel all or any part of an order.

In-Credit Balance.

The Customer agrees that any in-credit balances issued will be exhausted within one (1) year of its issuance. IF NOT REQUESTED OR APPLIED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO REMOVAL AND CANCELLATION, SlingSmarter™ SHALL BARE NO FURTHER LIABILITY.

Credit

As a requirement for The Company to continue to extend credit, The Customer agrees to provide SlingSmarter™ recent and current credit details/documentation and the latest annual financial statement within Ten (10) business days proceeding request by SlingSmarter™. SlingSmarter™ reserves the right to charge a late payment fee for late payments. SlingSmarter™ further reserves the right to charge and invoice accordingly The Customer a late payment penalty fee set at the rate of two (2%) of the amount due for every month or portion thereof that the amount owed remains unpaid, or the amount as may be allowed under applicable law.

If The Customer fails to settle payment within thirty (30) days of pick-up or shipment, or fails to adhere to SlingSmarter™'s terms of credit, or fails to supply reasonable assurance of full settlement to SlingSmarter™ within a reasonable time after requested by The Company (such time will be specified in The Company's request), SlingSmarter™ may delay shipments until such payment or adherence is achieved, demand cash in advance for any further release of goods, request immediate payment of all amounts then outstanding to SlingSmarter™, opt to engage in collection actions (including but without limitation, attorneys'/lawyers fees and any and all associated costs of collections), and/or may, at its discretion, terminate all or any part of an unshipped or un-collected order. Should The Customer fail to comply with these payment terms, SlingSmarter™ may, at its sole discretion, and without prior notice in any form, immediately terminate and cancel any agreements it has with The Customer. Upon such cancellation/termination, all outstanding amounts owed by The Customer to SlingSmarter™ shall fall immediately due and payable.

SlingSmarter™ has the right, at any time and in its sole discretion, to modify immediately the terms of any credit extended to The Customer if: (i) there is a material change in The Customer's financial abilities/capacities or creditworthiness; (ii); or (iii) The Customer signs or agrees to any Change of Control such as any sale, rental/lease, or other disposition of all or a substantial amount of The Customer's assets.

 

Shipments; Delivery; Title and Risk of Loss.

Please check the shopping cart for additional and available delivery options. You are bound to pay all shipping and handling charges specified during the ordering process.

Free domestic shipping applies only to qualifying orders placed online. However, particular items that require "additional handling" will require an additional handling freight surcharge that is included in the cost of the product. C.O.D. shipments are not allowed. Alternative and order specific terms and conditions may apply to freight collect, export orders, hazardous materials, additional handling or shipments outside the contiguous United States. Any additional charges incurred for extra services, such as customer's carrier or additional handling by the carrier, must be paid for by the customer. If a product is damaged in transit or whilst in the hands of the carrier, The Customer must file claim with the carrier. Title and risk of loss/damage are passed to The Customer upon our transfer of the products to the carrier/courier/haulier or agent. Shipping and delivery dates are approximate estimates only and cannot be guaranteed. We are not liable and cannot be held responsible for any delays in shipments.

Orders in Production- Manufactured Items

When an order is accepted by our team and processed for manufacture with a vendor/partner/internal warehouse we reserve the right to deny any cancellation to the Customer and impose the necessary cancellation and return/handling fees (listed as percentages in our terms and returns pages), in instances of custom made items such as, but not limited to: chain slings, lifting slings, chain hoists, electric hoists, manual hoists we reserve the right to totally deny cancellation of an order.

Returns and Refunds.

SlingSmarter™ will not accept any chain sling return since they are built-to-order and custom-made to your specifications. SlingSmarter™ will accept component returns (where items have been purchased as individual components) in exchange for a refund of your purchase price, minus the original shipping and handling costs and subject to the 35% restocking fee, The Customer should ensure the return is recorded within 10 days of your purchase date and such product should be unopened and in "as new" condition. All returns are subject to a goods return inspection by SlingSmarter™ or our authorized inspection agent such as a supplier or contractor and we reserve the right to reject returns at our discretion following an inspection. To return products, you must first make contact with our customer service team to get a Return Merchandise Authorization ("RMA") number prior to shipping your product(s) back to the specified return location. No returns of any type will be processed or accepted without an RMA number. Please note that we do not accept returns at our Westheimer, Houston location and you should obtain the correct return warehouse address from our customer service agents.

The Customer is responsible for all shipping and handling charges on returned items. You hold the risk of loss during the shipping process. We therefore strongly advise that you fully insure and adequately pack your return shipment against loss or damage and that you use a shipper that can supply you with proof of delivery for your tracking and protection. 

Permissible refunds are typically processed within 3 business days of our receipt or the notification from our vendor of their receipt and successful inspection of your returned merchandise. Your refund will be issued back to the same payment method or card used to make the original transaction, it can take 5-10 days for the funds to return after we send them back.

 

EXPORT POLICY

Order Acceptance.

After you place an order using our website or via our customer service agents, we will carefully check the information you provided us for validity, by checking your method of payment or delivery address. We reserve all rights to reject any order(s) you place with The Company, and/or to limit quantities on any order, without providing any reason. If The Company chooses to reject your order, we will attempt to notify you using the e-mail address or phone number you have provided us with the order.

Your credit or debit card may still be charged if we reject an order, but we will process a refund within 7-10 working days if an undue charge has been made against your account or card.

ORDER CONFIRMATION/ACCEPTANCE

Your receipt of a virtual, digital or other form of order confirmation does not signify our acceptance of your order, it also does not constitute confirmation of our offer to sell or provide goods. SlingSmarter™ reserve the right to at any time after receipt of your order; accept or decline your order for any reason. You further consent that submission of any order shall subject You to the jurisdiction of the federal courts of the U.S.A. and of the State where acceptance occurred in the U.S.A.

 

SALES, FREIGHT AND OTHER TERMS

Sales Tax and Duties, Import Fees.

SlingSmarter™ is required in some instances to charge national, state, local tax, applicable duties, and import fees on products for which The Customer has not provided valid exemption certification. The Customer assumes responsibility for, and unconditionally guarantees payment of, all applicable taxes, fees, licenses, import duties, and fees and licenses, and expenses that may be applicable. When ordering, The Customer shall indicate clearly which products are tax exempt and provide the relevant documentation to support their claim.

Cancellation.

Any cancellation by The Customer must be approved by SlingSmarter™, and may be subject to handling, restocking and other sur-charges.

Trademarks, Copyrights, and Domain Names.

The Customer acknowledges that it has no right, title, or interest in the trade names, copyrights, trademarks or domain names of SlingSmarter™, and in the product names, and unique descriptions that it will take zero action to register or otherwise attempt or sucessfully interfere with such rights of The Company. The Customer agrees that it will not copy or attempt to replicate the products sold to The Customer or their packaging, trade styles/designs, patents, websites or catalogs.

Assignment.

The Customer shall not assign any order, any interest therein, or this order without the prior written consent of SlingSmarter™. Any actual or attempted assignment without SlingSmarter™' prior written consent shall entitle SlingSmarter™ to cancel said order or to cancel this agreement upon notice to The Customer.

Export Controls and Related Regulations.

The Customer submits and warrants that it is not listed upon, or associated/connected with any organization listed on the United States Department of Commerce''s Bureau of Industry and Security''s Denied Persons List or the USA Department of the Treasury''s Office of Foreign Assets Control lists, or Unverified List; Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists List; Specially Designated Narcotic Traffickers-Kingpin or the United States Department of State''s Designated Foreign Terrorist Organizations, or Debarred Persons List; Embargoed Countries list, or is subject to a denial order issued by the United States Department of Commerce. The Customer agrees to comply with all relevant laws and regulations of governmental agencies or bodies, including but not limited to all export laws of the United States of America and/or other governing agencies and their onward operations.

U.S. Foreign Corrupt Practices Act.

The Customer acknowledges that it is an Independent Contractor, as defined in the next paragraph, and represents, covenants that it has not paid, and warrants agreed or offered to pay, authorized the providing of, or caused to be paid, indirectly or directly, money or anything equal to the value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), in connection with the purchase and resale of products.

Both Independent Contractors.

SlingSmarter™ and The Customer are Independent Contractors and not principal and/or agent. Nothing contained or construed in this document shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the following, The Customer shall take no actions, is not authorized to make, and shall not make, any representation on behalf of The Company, or which are considered binding upon, SlingSmarter™.

Severability.

If any section of these Terms and Conditions is found to be invalid or unenforceable by a court of law, the invalid or unreasonable term shall be redefined, or a new enforceable term issued, such that the intent of SlingSmarter™ and The Customer in agreeing to these Terms and Conditions shall be fully enforceable to the maximum extent of the relevant laws.

Dispute Resolution.

Actions by SlingSmarter™ for nonpayment by Customer of the purchase price of products or services sold by SlingSmarter™, or for redress of other non-conformities or breaches by The Customer of these Terms and Conditions, may be brought SlingSmarter™, at its option, before any United States or foreign judicial court.. At SlingSmarter™' option, disputes between The Customer and The Company, including all claims for non-performance by SlingSmarter™, shall be finally settled by arbitration in Houston, Texas, United States, in accordance with the Commercial Arbitration Rules of the AAA (American Arbitration Association), by a single arbitrator appointed in accordance with applicable Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflicting law rules) of the State of Texas, United States of America, and the set language of the arbitration shall be; English.

Importation/Delivery Country and Anti-diversion.

The Customer represents that it is purchasing products from the United States of America and importing them to the country/teritory specified in The Customer''s and SlingSmarter™' documents. The Customer agrees that the products will be shipped to the specified delivery destination to comply with the laws of the destination and the United States of America, and that there will be no re-export, interception or diversion from the specified destination. Diversion contrary to United States law is not permitted. If requested by SlingSmarter™, Customer shall provide documentation satisfactory to SlingSmarter™ verifying delivery at the designated country/teriory. Customer further agrees to inform SlingSmarter™ at the time of order of any special documentation, packaging or product marking or labeling, however, SlingSmarter™ will not be responsible for supplying any such documentation, packaging, marking, branding or labeling other than such documents that are necessary under United States export laws and regulations for international export, unless SlingSmarter™ agrees to do so in the form of a written quotation.

Permits, Export, and Import Licenses.

The Customer shall be fully accountable for obtaining any official authorizations or other licenses that might be required by the destination country and/or under the Export Administration Act, Toxic Substances Control Act, or other applicable regulations or legislation; including and not limited to the Department of State regulations or Department of Defense.

Complete Agreement Understanding

These Terms (and Conditions), together with any other Terms and Conditions The Company produces and wishes to releases (i) at "www.liftingequipmentstore.us, (ii) on an invoice or a packing slip," or (iii) in any documents including, but not with limitation, those involved with export of products by SlingSmarter™, or lines of credit, reflect the entire agreement between both parties and shall supersede all written and/or unwritten statements, understandings, and agreements between SlingSmarter™ and The Customer pertaining to the subject of this written agreement.

TERMINATION OF USE

SlingSmarter™ may, in its sole discretion, close and terminate your account and associated data or your use of the SlingSmarter™ Web site or App at anytime. You are liable for any orders that you submit or charges that you incur prior to closure or termination. SlingSmarter™ reserves the right to suspend, change or discontinue for any reason all or any aspects of the SlingSmarter™ Web site, App and/or literature at any time without any prior notice.

Limited Warranty.

Product Alternative/Substitutions:

Alternative products may be substituted and may result in the alternative product not always exactly matching the catalog/website/app images and/or descriptions.

Product Suitability.

Somtimes states, cities and localities have regulations and codes governing sales, intallation, construction, and/or use of some products for certain purposes, which can vary from those in neighboring localities. While SlingSmarter™ attempts to ensure that its products and supplier products comply with such codes, it cannot guarantee compliance, and cannot be held responsible for how the product is used or installed. Therefore, The Customer will have responsibility for total compliance with all applicable laws, regulations and codes, including, without limitation, CE, ANSI, DIN, UL, NEC, FAA, DOT, NOM, IMDG, IATA, and CSA, regarding installation or use of products. Prior to purchase and first use of a product, The Customer should always assess the risk and thoroughly review the product application and applicable laws, regulations and codes to assure full and total compliance with such laws, regulations and codes.

Cross-Reference Information.

Product comparisons where cross-referencing takes place do not imply that any of the products compared or cross-referenced are available or reasonably comparable. CROSS-REFERENCED PRODUCTS ARE NOT WARRANTED OR REPRESENTED AS PERFORMANCE OR FUNCTIONAL EQUIVALENTS. The Customer will review all cross-referenced and comparison product details and specifications prior to purchase or acquisition by any means and use to determine suitability of the product for The Customer's intended use(s).

WARRANTY DISCLAIMER.

SlingSmarter™ HAS USED GOOD EFFORTS TO DESCRIBE AND ILLUSTRATE THE PRODUCTS ACCURATELY IN ITS WEBSITES, LITERATURE, CATALOGS AND, APPS, SUCH DESCRIPTIONS AND ILLUSTRATIONS ARE INTENDED FOR THE SINGLE PURPOSE INTENTION OF PRODUCT IDENTIFICATION AND DO NOT SUGGEST OR IMPLY A WARRANTY CONFIRMATION OF FACT, OF ANY KIND OR A WARRANTY OR CONFIRMATION OF FACT THAT THE PRODUCTS WILL ADHERE TO THEIR CORRESPONDING DESCRIPTIONS OR ILLUSTRATIONS. SlingSmarter™ EXPRESSLY DISCLAIMS ANY WARRANTY OR CONFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY STATEMENT WITHIN THIS DOCUMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SlingSmarter™ EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO PRODUCT INCORRECT USE, IMPROPER PRODUCT SELECTION, PRODUCT SELECTION ADVICE AND/OR MISAPPLICATION.

LIMITATION OF LIABILITY.

ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. SlingSmarter™' LIABILITY IN ALL EVENTS WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT SOLD THAT PROVIDES RISE TO SUCH LIABILITY. SlingSmarter™' PAYMENT OF THIS AMOUNT SHALL BE THE FINAL AND ONLY REMEDY IN THE EXHAUSTION OF STOCKS OR UNAVAILABILITY OF ANY OTHER REMEDY AND/OR ALTERNATIVE SPECIFIED WITHIN THIS DOCUMENT AND SHALL NOT BE ALLEGED OR CONSTRUED BY THE CUSTOMER TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Privacy

Our SlingSmarter™ Privacy Policy governs the processing of all personal data collected from you in relation to your purchase of products or services through the SlingSmarter™.

 

Bribery, Anti-Corruption and Modern Slavery

SlingSmarter™ holds a full Bribery & Anti-Corruption Policy as well as a Modern Slavery Policy both of which can be obtained upon request.

 

Force Majeure

SlingSmarter™ will not be liable or responsible to you or your company, nor be deemed to have failed or breached these Terms of Sale/Terms and Conditions, for any failing or delay in our performance under this document when and to the extent such delay or failure is caused by or results from acts or circumstances beyond The Company's or its' employees and/or stakeholders reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction.

All matters relating to these Terms are governed by and construed in accordance with the laws of the State of Texas without giving giving any conflict or choice of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

Assignment.

The Customer will not assign any of your rights or any of your obligations under this document without our prior written authorization. Any purported assignment or assignment in violation of these Terms of Sale is null and void. No delication or assignment relieves The Customer of any of its obligations under this document.

No Waivers.

The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SlingSmarter™.

No Third Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.

Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.

Entire Agreement. These Terms of Sale, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.

How to Contact us.

If you have any questions or comments about these Terms of Sale, the practices of the Website, or your dealings with SlingSmarter™ we encourage you to contact SlingSmarter™ as follows:

 Website Specifics

Electronic Data Interchange.

If SlingSmarter™ and The Customer both agree to use an Electronic Data Interchange ("EDI") system to enable the facilitation of purchase and sale transactions, The Customer agrees that it will not object: (i) any agreement of sale as a result of an EDI transaction through the provisions of any law relating to whether purchases, leases or rental commitments must be written or signed/authorized by The Customer to be binding; or (ii) the admissibility of copies of EDI records under the business records with exception to the best evidence rule or the hearsay rule and similar rules on the terms that these records were not first created or maintained in documentary form. SlingSmarter™ and The Customer shall discuss and agree on technicalities and methods utilized in carrying out EDI purchases, and will take reasonable precautions to protect EDI records from unauthorized access. Should a conflict occur, the business records stored by SlingSmarter™ in relation to EDI purchases made by The Customer will be deemed to be firm and conclusive.

 

License

Unless otherwise stated, SlingSmarter™ and/or its licensors own the intellectual property rights for all material on www.sling-smarter.com. All intellectual property rights are reserved. You may access this from www.liftingequipmentstore.us for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from www.sling-smarter.com

Sell, rent or sub-license material from www.sling-smarter.com

Reproduce, duplicate or copy material from www.sling-smarter.com

Redistribute content from www.sling-smarter.com

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SlingSmarter™ does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SlingSmarter™, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SlingSmarter™ shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SlingSmarter™ reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SlingSmarter™ a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval: Leading Search Engines: Google, Yahoo, Ask Jeeves etc. (those with more than 5% market share). All and any other organization should seek prior written authorization.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or

By use of the uniform resource locator being linked to; or

By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of SlingSmarter™'s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

The website is operated and run by:

SlingSmarter™

5718 Westheimer,

Houston, TX 77057, United States of America

Telephone: +1 (713) 581-1116

E-mail: shipstoday@sling-smarter.com