Florida Underground Services, L.L.C. doing business as MTI Equipment
1.1 These Terms and Conditions (the “Terms”) govern your access to and use of the website at www.mtiequip.com (the “Website”), our text messaging program, and the enquiry, quotation and communication services we provide through them. They are entered into between you and Florida Underground Services, L.L.C., doing business as MTI Equipment (“MTI Equipment”, “we”, “us” or “our”).
1.2 By accessing the Website, submitting a form or web chat message, or opting in to receive communications from us, you agree to be bound by these Terms and acknowledge our Privacy Policy at www.mtiequip.com/privacy-policy/. If you do not agree, do not use the Website or our services.
1.3 You must be at least 18 years of age to use the Website or our services or to participate in our text messaging program. If you are using the Website on behalf of a company or other organization, you confirm that you have authority to bind that organization to these Terms, and “you” means both you and that organization.
1.4 Important provisions. Section 8 explains that the Website does not create warranties or sale obligations and that separately signed purchase documents control. Section 13 disclaims warranties in relation to the Website. Section 14 limits our liability. Section 16 contains an arbitration agreement and a waiver of class actions and jury trial, which affects how disputes between us are resolved, and includes a right to opt out within 30 days. Please read these Sections carefully.
In these Terms:
3.1 Contact and identity details:
3.2 MTI Equipment buys, refurbishes, sells, services and supports Equipment for utility and underground construction contractors. The Website is used to publish inventory and receive enquiries. We do not sell Equipment, accept orders or take payment through the Website.
MTI Equipment Customer Messaging.
MTI Equipment operates a text messaging program that allows us to communicate with customers and prospective customers who have given prior express written consent. Messages may include:
You may join the Messaging Program by:
4.3.1 A verbal statement to one of our representatives is not sufficient on its own. Where you tell us verbally that you wish to receive messages, we will ask you to complete a consent box or written consent form, or we will send you a written confirmation request by email, and we will add you to the Messaging Program only once we hold that written record.
4.3.2 Consent to receive text messages is not a condition of purchase, financing, service, inspection, delivery or any other transaction with MTI Equipment.
4.3.3 You may only give consent for a telephone number that you own or are authorized to use. If you give us a number that is later reassigned to another person, you agree to notify us promptly at [email protected].
Message frequency varies according to your interaction with MTI Equipment and the programs you have joined. We expect to send no more than 4 marketing messages per month. Transactional and service messages are sent as required by the matter they relate to.
Message and data rates may apply for any messages sent to you from us and sent by you to us. Contact your wireless provider for details about your plan.
You can cancel the Messaging Program at any time, and you may do so by any reasonable means. Replying with any of the following words to a message you receive from us will always be treated as a withdrawal of consent: STOP, END, QUIT, CANCEL, UNSUBSCRIBE, REVOKE, OPT OUT.
We will also honour a withdrawal of consent communicated in any other reasonable way, including by telephone to 941-474-6789 or 1-844-684-3784, by email to [email protected], by reply text using other wording that reasonably communicates that you no longer wish to receive messages, or in writing to our address in Section 3.1. We will send a single confirmation message and will then send no further messages unless you opt in again. We process withdrawals as soon as practicable and in no case later than ten business days after receipt, and we apply them across our messaging platform and our customer relationship management system. If you want to rejoin, sign up again as you did the first time and we will resume sending messages.
If you are experiencing issues with the Messaging Program, reply HELP to any message for assistance, or contact us directly at 941-474-6789 or [email protected].
We do not send marketing text messages before 8:00 a.m. or after 9:00 p.m. in the recipient’s local time zone, and we do not send more than three marketing text messages concerning the same subject to the same recipient in any 24 hour period. Our messages identify MTI Equipment and we do not conceal or substitute the originating telephone number.
Carriers are not liable for delayed or undelivered messages. The Messaging Program is supported by major United States wireless carriers, including AT&T, Verizon Wireless and T-Mobile, and carrier participation is subject to change without notice. Carriers may filter, delay or block messages, and we are not responsible for the consequences of carrier filtering or blocking. The Messaging Program is available only to United States telephone numbers.
Information collected through the Messaging Program is handled in accordance with our Privacy Policy at www.mtiequip.com/privacy-policy/. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
5.1 By providing your email address or telephone number, or by submitting a form or web chat message, you consent to receive communications from us in electronic form, and you agree that electronic records satisfy any requirement that a communication be in writing.
5.2 You agree that checking a consent box, typing your name, or clicking a button indicating agreement constitutes your electronic signature for the purposes of the Electronic Signatures in Global and National Commerce Act and the Florida Uniform Electronic Transaction Act, and that such an act is a valid signature for the purposes of consent to receive calls and text messages.
5.3 To access and retain electronic records you need a device with internet access, a current web browser, and either an email account or the ability to receive text messages. You may withdraw consent to electronic communications by contacting us at [email protected], but if you do so we may be unable to continue providing quotations or service updates electronically.
6.1 You agree to use the Website only for lawful purposes and in accordance with these Terms. You may not:
6.2 We may suspend or terminate your access to the Website or the Messaging Program at any time for a violation of these Terms, or where we reasonably consider it necessary to protect our systems, our business or other users.
7.1 Listings on the Website are provided for information only and do not constitute an offer to sell. No contract of sale is formed through the Website.
7.2 All Equipment is subject to prior sale. Listings may remain visible after a unit has been sold.
7.3 Pricing is subject to change without notice and does not include taxes, freight, delivery, setup, fluids, tooling, insurance or applicable fees unless expressly stated.
7.4 Specifications, hours, serial numbers, photographs, attachments, certification designations and condition descriptions shown on the Website are believed to be accurate but are provided without warranty and may change. Serial numbers, hour meter readings, attachments, included items and condition should be independently verified before purchase, and we encourage inspection or third-party inspection.
7.5 USED EQUIPMENT IS SOLD “AS IS, WHERE IS” AND “WITH ALL FAULTS” UNLESS A WRITTEN WARRANTY IS EXPRESSLY PROVIDED AT THE TIME OF SALE. EXCEPT AS SET OUT IN A WRITTEN WARRANTY DOCUMENT, MTI EQUIPMENT DISCLAIMS ALL WARRANTIES IN RELATION TO EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.6 Any warranty coverage, and any inspection, certification or refurbishment program described on the Website, is governed solely by the written terms of the applicable Purchase Documents or warranty document, which control over anything stated on the Website. Certification levels or designations shown on the Website describe our internal inspection process and do not by themselves create a warranty.
7.7 Financing options referenced on the Website are provided by third-party lenders, are subject to credit approval, and are governed by the lender’s own terms. We do not guarantee that financing will be available or available on any particular terms.
7.8 Quotations are valid only for the period stated on the quotation and are subject to Equipment availability at the time of order.
8.1 These Terms govern your use of the Website and the Messaging Program only. They do not govern the sale, purchase, trade-in, financing, warranty or servicing of Equipment.
8.2 Where you and MTI Equipment enter into Purchase Documents, those documents govern that transaction. If there is any conflict or inconsistency between these Terms and the Purchase Documents in relation to a transaction, the Purchase Documents prevail.
8.3 Nothing in these Terms, including the disclaimers in Section 13 and the limitation of liability in Section 14, limits, reduces or excludes any obligation, warranty or liability that MTI Equipment has accepted in Purchase Documents.
By providing your email address, you consent to receive transactional email from MTI Equipment relating to your enquiries, quotations, orders and service. If you have opted in to marketing email, you may unsubscribe at any time using the link in any marketing message or by contacting us at [email protected].
10.1 All Content on the Website is the property of MTI Equipment or its licensors and is protected by United States and international intellectual property laws. The MTI Equipment name and logo are trademarks of Florida Underground Services, L.L.C.
10.2 Third-party manufacturer names, model designations and marks appearing on the Website are the property of their respective owners and are used for identification and descriptive purposes only. Their use does not imply that MTI Equipment is an authorized dealer for, or is endorsed by or affiliated with, any manufacturer, unless we expressly state otherwise.
10.3 You may not use, reproduce, adapt or distribute Content without our prior written permission. You may view and print Listings and Content for your own internal business purposes in connection with a genuine enquiry.
10.4 If you believe Content on the Website infringes your copyright, please send a notice containing the information required by section 512(c)(3) of Title 17 of the United States Code to [email protected], marked for the attention of our designated agent. We will respond to properly submitted notices in accordance with applicable law and may remove or disable access to the material concerned.
11.1 Any information, feedback, photographs, specifications, equipment details, testimonials or other materials you submit to us, other than personal information governed by our Privacy Policy, may be used by MTI Equipment without restrictions or compensation, including for marketing purposes. Do not submit confidential or proprietary information that you do not want us to use.
11.2 You confirm that you own or have the rights necessary to submit the materials, that they do not infringe the rights of any third party, and that any person shown or identified in them has consented to their use as described in this Section.
11.3 Where you provide a testimonial or review, you agree that we may publish it together with your name, company name and general location, and you confirm that it reflects your honest experience. You may ask us to remove it at any time by contacting [email protected].
The Website may contain links to and embedded content from third-party websites and services, including manufacturers, financing partners, equipment marketplaces, mapping services and social media platforms. We do not control and are not responsible for the content, products, availability or practices of those sites and services. Links do not constitute endorsement.
13.1 THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION ON THE WEBSITE, INCLUDING LISTINGS, SPECIFICATIONS, HOURS, PHOTOGRAPHS AND PRICING, IS ACCURATE, COMPLETE OR CURRENT.
13.2 We do not warrant that text messages will be delivered, delivered on time, or free of error, and we are not responsible for carrier filtering, blocking, delay or non-delivery.
13.3 This Section applies to the Website and the Messaging Program only. It does not modify, limit or exclude any written warranty provided with Equipment purchased from MTI Equipment, and Section 8.3 applies.
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MTI EQUIPMENT AND ITS OFFICERS, MEMBERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST BUSINESS, LOSS OF GOODWILL OR EQUIPMENT DOWNTIME, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE MESSAGING PROGRAM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR THE MESSAGING PROGRAM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO MTI EQUIPMENT FOR ACCESS TO THE WEBSITE OR THE MESSAGING PROGRAM, WHICH IS NORMALLY NOTHING, AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
14.3 Sections 14.1 and 14.2 do not apply to, and do not limit, our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for wilful misconduct, or for any other liability that cannot be limited or excluded under applicable law.
14.4 Sections 14.1 and 14.2 apply to the Website and the Messaging Program only. They do not limit, reduce or exclude any liability, obligation or warranty accepted by MTI Equipment in Purchase Documents, and Section 8.3 applies.
14.5 Some jurisdictions do not allow certain limitations or exclusions, so parts of this Section may not apply to you. In that case our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless MTI Equipment and its officers, members, employees and agents from any claims, damages, losses, liabilities and expenses, including reasonable attorneys’ fees, arising from your use of the Website or the Messaging Program, your submissions under Section 11, your provision of a telephone number you were not authorized to provide, your violation of these Terms, or your violation of any law or third-party right. We reserve the right to control the defense of any matter subject to indemnification, at your expense, and you agree to cooperate with that defense. You may not settle any matter in a way that imposes an obligation on us without our written consent.
16.1 Please read this Section carefully. It requires most disputes to be resolved by individual arbitration rather than in court, and waives your right to a jury trial and to participate in a class action. Section 16.8 gives you the right to opt out of this Section within 30 days.
16.2 Informal resolution first. Before starting an arbitration or a court proceeding, you agree to contact us at [email protected] or 941-474-6789 with a written description of the dispute and the relief you seek, and to allow us 30 days to attempt to resolve it. If your dispute concerns text messages, please first reply STOP to the message and tell us, so that we can stop the messages and correct the problem.
16.3 Agreement to arbitrate. Except as set out in Sections 16.5, 16.8 and 16.9, any dispute, claim or controversy arising out of or relating to the Website, the Messaging Program, our communications with you, or these Terms, shall be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, whichever apply, as in effect at the time the arbitration is commenced.
16.4 Arbitration procedure. The arbitration shall be seated in Sarasota County, Florida, unless you and we agree otherwise or the applicable rules require a different location, and may be conducted by telephone, video conference or on documents where the rules permit. The arbitrator may award any relief that a court could award to you individually, and the arbitrator’s decision may be entered as a judgment in any court of competent jurisdiction. Each party bears its own attorneys’ fees unless the applicable law or rules provide otherwise.
16.5 Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or to prevent unauthorized access to or misuse of the Website. This Section does not apply to any dispute governed by a dispute resolution provision in Purchase Documents, which controls for that dispute.
16.6 Class action and jury trial waiver. To the maximum extent permitted by law, you and MTI Equipment each waive the right to a trial by jury and agree that claims will be brought only in an individual capacity, and not as a plaintiff, claimant or class member in any purported class, collective, consolidated, mass or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of representative proceeding without the written consent of both parties.
16.7 Severability of this Section. If the class action waiver in Section 16.6 is found unenforceable in relation to a particular claim or a particular request for relief, that claim or request shall be severed from the arbitration and brought in the courts identified in Section 17, and the remainder of this Section shall continue to apply to all other claims. If Section 16.6 is found unenforceable in its entirety, Section 16.3 shall not apply to that dispute.
16.8 Your right to opt out. You may opt out of this Section 16 by sending written notice to [email protected], or to our address in Section 3.1, within 30 days of the date you first accept these Terms. The notice must state your name, the telephone number or email address you used, and that you are opting out of the arbitration agreement. Opting out will not affect any other part of these Terms, and will not affect your access to the Website or the Messaging Program.
16.9 Statutory rights preserved. Nothing in this Section prevents you from bringing an issue to the attention of any federal, state or local agency, or limits any right you have under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act or any other law that cannot be waived by agreement.
16.10 Survival. This Section survives termination of these Terms and any termination of your use of the Website or the Messaging Program.
These Terms and any dispute arising out of or relating to them or to the Website are governed by the laws of the State of Florida, without regard to its conflict of law principles. Subject to Section 16, any dispute shall be brought exclusively in the state courts located in Sarasota County, Florida, or in the United States District Court for the Middle District of Florida, and you consent to the personal jurisdiction of those courts and waive any objection based on venue or inconvenient forum.
To the maximum extent permitted by law, any claim arising out of or relating to the Website or these Terms must be brought within one year after the claim arises, failing which it is permanently barred. This Section does not apply to any statutory claim where a shorter contractual limitation period is not permitted and does not apply to claims under Purchase Documents.
19.1 We may modify these Terms at any time. The Effective Date and Version above reflect the current revision, and the revised Terms take effect when posted. Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
19.2 We will not apply a materially different messaging purpose to a telephone number for which we already hold consent without obtaining fresh consent for that purpose.
20.1 You may stop using the Website at any time, and you may leave the Messaging Program at any time as described in Section 4.6.
20.2 We may suspend or terminate your access to the Website or the Messaging Program at any time, with or without notice, including where we believe you have breached these Terms.
20.3 Sections 8, 10, 11, 13, 14, 15, 16, 17, 18 and 21 survive any termination.
21.1 Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and MTI Equipment in relation to the Website and the Messaging Program, and supersede any prior understanding on that subject matter. They do not supersede Purchase Documents, to which Section 8 applies.
21.2 Severability. If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions remain in full force and effect.
21.3 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
21.4 Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, financing or sale of assets.
21.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, severe weather, hurricanes, fire, flood, labor disputes, carrier or network failure, utility or internet outage, cyber-attack, supply chain disruption, or governmental action.
21.6 Notices. We may give notice to you by email, text message where you have consented, or by posting on the Website. You must give notice to us in writing at [email protected] or at our address in Section 3.1.
21.7 No third-party beneficiaries. These Terms do not create rights for any person who is not a party to them.
21.8 Headings and interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation”.
21.9 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and MTI Equipment.
See also our Privacy Policy at www.mtiequip.com/privacy-policy/.
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