Terms of Service

Terms Of Use: Zip’s Used Truck Marketplace

These Terms of Use (these “Terms”), together with our Privacy Policy, govern your access to and use of this website (our “Site”), including all services we now offer or may offer in the future through our Site (our “Services”). Our Site and Services are provided by Zip’s Truck Equipment, Inc., an Iowa corporation with a registered address of 316 W. Milwaukee Street, New Hampton, Iowa 50659, (“Zip’s,” “we,” “our,” or “us”). “You” or “your” refers to the user accessing and using our Site and Services, and may refer to an individual or an entity.

BY ACCESSING AND USING OUR SITE AND SERVICES YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

1. Services Generally.

We provide platforms which allow users to list items for sale (“Listed Item(s)”) and for other users to view those Listed Items.  We are not the seller or buyer of any Listed Items. Any users who choose to use our Services are acting on their own behalf and are responsible for any actions they may take with respect to any transactions they may enter into. We do not represent any users of our Site or Services in any capacity, and we are not a party to any transaction which may occur between users. You are solely responsible for resolving any disputes you have with other users of our Site or Services. In our sole discretion, we may monitor or inquire about disputes or issues between users in order to protect our Site and Services and address potential non-compliance with these Terms by a user.

2. Access and Use.

We do not guarantee that our Site and Services will be secure, or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access or use our Site and Services. Although we use only personal information you provide us is secured pursuant to our Privacy Policy, you should use your own virus protection software.

You may use our Site and Services only if you can comply with these Terms and all applicable local, state, national, and international laws, rules and regulations. It is strictly prohibited by anyone under the age of majority in all applicable jurisdictions to use our Site or Services.  We may suspend or terminate your access to our Services at any time, for any reason (such as your material breach of these Terms, our reasonable belief that it is necessary to protect the safety or property of others, to prevent fraud or for risk assessment purposes) or for no reason. We reserve the right to limit your use of our Site or Services or terminate your account immediately, without notice or refund of any amounts that you may have paid to us.

By registering with or using our Site and Services, you represent and warrant that you (a) will abide by all of the terms set forth herein; (b) will not provide false or misleading information about yourself or the Listed Item(s); (c) will not post any information on our Site or Services that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme; (d) will maintain the security of any user identification code and/or password associated with your account, notify us immediately if you suspect that such security was breached, and accept all risks of authorized and unauthorized access to your account and the information you provide to us; and (e) will not violate the intellectual property or privacy rights of any third party. By registering with us using our Site and Services, you also understand and acknowledge that Zip’s is not making any representations or warranties, regarding the Listed Item(s) on the Site.  You also understand that other users will be relying on the information you provide for any of your Listed Item(s), and not any representations made by Zip’s.

If you register an account or use our Site and Services on behalf of a third party (such as another person or legal entity), then you represent and warrant that you are an authorized representative of that person or entity with the authority to bind such person or entity to these Terms, and you agree to these Terms on behalf of that person or entity.

User accounts are non-transferable. Only you may use your user account. You are liable for all activities undertaken using your user account. We may verify your account by collecting contact information (including, but not limited to, legal company name, street address, and employer identification number) and banking information from you, directly calling you to confirm the accuracy of your account information, and taking whatever additional steps we deem necessary.

3. Intellectual Property Rights.

We are the owner or the licensee of all intellectual property rights to and in our Site and Services. Those rights are protected by copyright, trademark and other applicable laws, as well as by treaties around the world. You will not use, copy or otherwise take any action with respect to our Site and Services or such content except as expressly permitted by these Terms. You will, likewise, respect the intellectual property rights of others in exercising the rights granted to you hereunder.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512), Zip’s Truck Equipment, Inc. has implemented procedures for receiving written notification of claimed infringements.  If you believe in good faith there is content on a Zip’s website which violates United States copyright law, a copyright infringement notification can be submitted via email or post.  The notice must contain the following information:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled,  and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic email address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The copyright infringement notification must be signed, either physically or electronically, by the owner of the exclusive right that is allegedly infringed, or by a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please send the copyright infringement notification to the Zip’s Copyright Agent via email or via mail to the following address:

DMCA Complaints

Zip’s Truck Equipment, Inc.

316 W. Milwaukee St.

New Hampton, IA 50659

Email: zips@zips.com                                               

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury.  A false notice or counter-notice may give rise to personal liability.  You may therefore want to seek the advice of legal counsel before submitting a notice or counter-notice.

Zip’s Copyright Infringement Counter-Notification Procedure

If you believe in good faith material you posted to Zip’s site was not infringing and that a notice of copyright infringement was improperly submitted against you, you can submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.  The counter-notice must include the following:

• Identification of the specific URLs of material that Zip’s has removed or to which Zip’s has disabled access.
• Your full name, address, telephone number and email address.
• The statement:  “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the Northern District of Iowa in which Zip’s Truck Equipment, Inc. is located, and will accept service of process from the claimant.”
• The statement:  “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

The counter-notice must be signed, either physically or electronically.

Please send the counter-notice to our Copyright Agent via email or post:

DMCA Complaints

Zip’s Truck Equipment, Inc.

316 W. Milwaukee St.

New Hampton, IA 50659

Email: zips@zips.com                                               

After we receive your counter-notification, we will forward it to the party who submitted the original copyright infringement notification.  Please note when we forward your counter-notice, it will include your personal information.  If you are concerned about protecting your anonymity, please consult with an attorney about other options.

Please note any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury.  A false notice or counter-notice may give rise to personal liability.  You may therefore want to seek the advice of legal counsel before submitting a notice or counter-notice.

4. Acceptable Usage.

You may access and use our Services solely to list Listed Item(s) for sale or to view Listed Item(s) for your potential purchase. The copying, redistributing or reselling of any of our Services or content made available to you through our Site or Services is strictly prohibited.

5. Prohibited Uses.

As part of our Site and Services, we may provide access to data, information, and content relating to Listed Item(s) (our “Site Information”). You must not:

1. modify or alter any Site Information in any way;

2. use any Site Information, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, or any text separately from any accompanying illustrations, photographs, video or audio sequences or any graphics;

3. remove any indications of ownership from any Site Information or claim it as your own or as that of any other entity or individual;

4. access, or attempt to access, parts of our Site or Services not intended for public use;

5. modify, adapt or reverse engineer any aspect of our Site, Services or Site Information;

6. conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Site Information or our Site or Services;

7. use any robot, spider, scraper, data mining tool, data gathering tools, data extraction tools, or any other automated means to access our Site or Services, or collect, copy or record our Site Information or content off our Site or Services;

8. take any action which, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our infrastructure;

9. copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Site Information or content of our Site or Services, including the text, images, audio, and video, for commercial purposes;

10. identify us or display any portion of our Site Information, Site or Services on any website or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;

11. bypass any measures we may use to prevent or restrict access to our Services, including our robot exclusion headers;

12. attempt to disrupt or interfere with the Site Information or our Site or Services in any way or with another user’s/visitor’s use of our Site or Services, or use the Site Information or our Site or Services as a means of disrupting or interfering with other websites or networks; or

13. probe, scan or test for vulnerabilities of our Site or Services.
    
    

6. Uploading or Posting Content to Our Site or Services

We will collect data, content and information you provide us as you use the Site or Services (“User Content”). You hereby grant to us, and represent and warrant that you have all rights necessary to do so, a worldwide, perpetual and non-exclusive right and license to use, store, copy, distribute, and make available to third-parties all User Content. We are not responsible for any loss or damage to your User Content while it is in our possession.  You should separately maintain copies of the User Content you provide to us. We have the right to disclose your identity to any third party claiming any content submitted or uploaded by you to our Site or Services constitutes a violation of their intellectual property rights. At any time, we have the right to remove any User Content you submit to our Site or Services if, in our sole discretion, your post does not comply with these Terms.

WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR USER CONTENT.

OUR SITE AND SERVICES MAY INCLUDE CONTENT UPLOADED BY OTHER USERS OF THE SITE, INCLUDING TO BULLETIN BOARDS AND CHAT ROOMS. THIS CONTENT HAS NOT BEEN REVIEWED, VERIFIED OR APPROVED BY US. THE VIEWS EXPRESSED BY OTHER USERS ON OUR SITE DO NOT REPRESENT OUR VIEWS OR VALUES.

WITHOUT LIMITING THE LICENSE GRANTED TO ZIP’S IN THIS SECTION 7 IN ANYWAY, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT LISTED ITEMS PLACED BY YOU ON ONE OF OUR WEBSITES MAY (AT OUR SOLE DISCRETION) BE PLACED OR MADE VIEWABLE ON OTHER WEBSITES PROVIDED BY ZIP’S, ITS AFFILIATES OR PARTNERS.

7. Suggestions and Submissions.

We appreciate and welcome your comments and feedback regarding our Site and Services. If you send us comments, questions, suggestions, or ideas relating to our Site and Services, you agree such content is not given in confidence, we are not obliged to keep such content secret, and we are not obligated to respond. For more information on how we use such content please see our Privacy Policy.

8. Compliance With Laws.

You are responsible for, and agree to abide by, all local, state, federal and international laws, rules and regulations applicable to your use of our Site and Services, and any other tools, services or products offered on our Site and Services and any transaction you may enter into with other users in connection with using our Site or Services.

Any users located outside the United States must comply with laws, regulations, rules and regulatory orders of the United States, including the Foreign Corrupt Practices Act and the U.S. Export Control Act, in addition to applicable local laws. You may not use our Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions.

Listed Items may be subject to EXPORT AND IMPORT PROHIBITIONS, RESTRICTIONS OR COSTS. You are solely responsible for identifying and complying with any applicable export/import laws, rules, regulations, licensing, and/or Customs requirements associated with Listed Items and any transaction you enter into with other users. We are not responsible for any losses if a Listed Item is seized or destroyed by any governmental Customs agency.

Please be aware that, even though we are not a party to any transaction between users and we assume no liability for legal (or regulatory) compliance pertaining to Listed Item(s) on our Site or Services, there may be circumstances where we are legally obligated to provide information relating to our Services and Listed Item(s) in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings.

9. Taxes.

We are not responsible for determining whether tax applies to any transaction between users, or for withholding, collecting, reporting, or remitting any tax arising from any Listed Item(s). We do not give tax advice, and nothing we say or do should be interpreted as tax advice. The payment and collection of applicable taxes must be, and are, the exclusive responsibility of the buyer and seller.

10. Financing, Shipping, Insurance and Other Services.

We may provide links on our Site or Services to other websites operated by us, third-party providers or affiliates who provide various services or other offerings, including, without limitation, financing, shipping, and insurance services, pricing tools, and other offerings that might be of interest to you, and only for the convenience of our users. In consideration for providing any such link(s), we may receive a fee from the third parties or affiliates whose goods or services you may choose to obtain. We will not be liable for any acts or omissions of any such third-parties or affiliates, whom you use at your own discretion and risk. Your access to and use of our other websites and third-party or affiliate services and websites may be subject to the applicable terms and conditions of that respective website, third-party or affiliate.

11. Disclaimer; No Warranty.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITE OR SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE SOLELY A PASSIVE CONDUIT TO PROVIDE CONTENT AND TO FACILITATE COMMUNICATIONS BETWEEN A BUYER AND A SELLER, AND IN NO EVENT DO WE SELL ANY LISTED ITEM(S). WE MAKE NO WARRANTY THAT THE LISTED ITEM(S) 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, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITE, SERVICES OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITE OR SERVICES, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SITE OR SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM OUR SITE AND SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR CONTENT TO US AND BY POSTING INFORMATION ON OUR SITE OR SERVICES, INCLUDING LISTED ITEM(S), NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE WE ARE NOT A PARTY TO ANY LISTED ITEM(S) TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF OUR SITE OR SERVICES. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, LISTED ITEM(S) OR THE TRUTH OR ACCURACY OF ANY LISTED ITEM(S) OR OTHER CONTENT PROVIDED ON OUR SITE AND SERVICES.

12. Indemnification.

You will indemnify, defend, and hold harmless Zip’s, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Site or Services; (iii) any personal injury, death, or property damage caused by or arising out of the listing, sale, transportation or use of any Listed Item(s); or (iv) your violation of any law or rights of a third party, including related to any User Content you provide or post. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.

13. 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.”

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE INDEMNIFIED PARTIES, OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SERVICES; (B) OUR SITE; (C) THESE TERMS; (D) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (E) YOUR, OR ANY THIRD-PARTY’S USE OF OUR SITE OR SERVICES, OR THE SERVICES ANY THIRD PARTY PROVIDES, RELATED TO THE BUSINESS WE OPERATE; (F) ANY USER INFORMATION OR USER-CONTRIBUTED CONTENT; (G) ANY INTERACTION BETWEEN OUR SITE OR SERVICES AND ANY THIRD-PARTY SITE; AND (H) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT OR PURCHASE TRANSACTION (EVEN IF WE OR ANY THIRD PARTY RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS OF OUR SITE OR SERVICES.

15. General.

1. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Chickasaw County, Iowa, USA for any dispute arising out of these Terms.

2. Translations. For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.

3. Amendments. We may modify, add, or remove any portion of these Terms (including any documents incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Site and/or Services. Once posted, such changes shall come into full force and effect.

4. Entire Terms. The introductory paragraph, and any documents that are linked to or referenced in these Terms, are hereby incorporated by reference and made part of these Terms. Collectively, the foregoing constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

5. Advice. Any guidance, discussions, or advice provided by Zip’s, its employees, independent contractors and agents related to using our Site and Services, including but not limited to guidance for placing or reviewing Listed Item(s), is intended for general information purposes only. It is not intended as legal advice, and you agree that you will independently evaluate and not rely on such advice for any purpose.

6. Headings. Headings used in this agreement are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of this agreement.

7. Reformation. If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable.

8. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 3, 6, 7, 11, 12, 13, 14 and 15.

9. Severability. If any provision of these Terms 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.

10. Successors and Assigns. These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party.

11. Waiver. No delay or omission by a party in exercising any right under these Terms 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.

16. International Availability.

We do not represent that our Site and Services are available worldwide, or that any proposed purchase and sale transactions between users can occur in every location in the world. You agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, applicable laws regarding the transmission of data exported from the United States to the country in which you reside. Please note that additional or different terms may apply if you reside outside of the United States.

17. Other Terms.

Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us.