Privacy Notice

PRIVACY NOTICE

Introduction.

Welcome to www.walrad.com, and thank you for visiting our website. This website and all material on this website is owned and maintained by Walrad Rental – Capital Asset Exchange & Trading LLC, and its affiliates (hereinafter collectively referred to as “we” “us” or “Owner”). These terms and conditions govern your use of this website, and by accessing, viewing, and using this website you agree and accept these terms and conditions in full. Please review these terms and conditions carefully.

You must be at least eighteen (18) years of age in order to make any purchases through this website, or have the approval or involvement of your parent or guardian. By accessing and using this website you agree and warrant that you are at least eighteen (18) years of age or have the approval or involvement of your parent or guardian in connection with any purchases, orders, or other use of this website.

Privacy.

This privacy policy discloses the privacy practices for www.walrad.com, and applies solely to information collected by this website.

Information Collection and Use

In these terms and conditions, “User Content” is defined to mean materials that you submit, store, host, publish or provide to this website or Owner, for any purpose, and includes but is not limited to text, graphics, images, video and audio material, and other information. We are the owners of the User Content, and except as otherwise provided herein, we only have access to and collect User Content that you voluntarily submit to us. Your User Content shall not be illegal or otherwise unlawful, and shall not infringe on the rights of any other person, natural or corporate, and must not be capable of giving rise to any legal action whatsoever. You shall not submit any User Content that has ever been the subject of any actual or threatened legal action, negotiations, or dispute resolution proceedings of any nature. We reserve the right to edit or remove any material submitted to this website, stored on this website, published on this website, or hosted on this website, including but not limited to your User Content. We do not undertake any obligation to monitor for compliance with these terms and conditions or applicable law, any materials or User Content submitted to this website. We will use your User Content to communicate with you regarding any orders, transactions, correspondence or other dealings that you have with us. Your User Content will not be shared with any third parties except to the extent necessary in connection with any orders, transactions, or other dealings (e.g. shipment of an order), and such disclosure will be limited as much as practicable under the circumstances. We may also use your User Content for the purpose of contacting you via email or otherwise in the future regarding specials, products, and other services offered by Owner, unless you request that we do not. You may opt out of any future contact at any time by contacting us at the telephone number or email address provided on this website. You may also submit concerns, questions, corrections or requested deletions regarding any of your User Content at the telephone number and email address provided on this website. We do not sell or rent your User Information to any third parties.

Security

We take reasonable precautions to protect your information online and offline. Any credit card or other sensitive information submitted to us is encrypted and transmitted in a secure manner. We use encryption to protect your information and User Content online, and we also take measures to protect you offline, such as limiting employee contact to those employees required to perform a specific task relating to your transaction. The storage facility for any sensitive User Content, both online and offline, is a secure environment with access limited only to employees who need access to that information in connection with any dealings with you. If you have knowledge of or believe that there have been any violations of this privacy policy, please contact us immediately at the telephone number or email address provided on this website.

Cookies

We use cookies on this website, which are pieces of data stored on the hard drive of our website visitors. These pieces of data are used by us to improve your access to our website, and to improve the functionality of our website. For example, a cookie may be used to store your login id or website account password for quicker and more efficient use of this website. Although cookies can enable us to track your interests to better enhance and personalize our website for you, the usage of cookies is not linked to any personally identifiable information on our website.

Intellectual Property and Limited License

All content reflected on or made available through this website, including but not limited to, company logos, company slogans, graphics, images, downloads, and data compilations of any kind, are owned by Owner and Owner’s licensors. Subject to the foregoing, you are granted a limited, non-exclusive, non-assignable license to access and make personal use of this website and its contents. You shall not do any of the following: make any commercial use of any materials or contents of this website; republish any materials or contents from this website; sell, rent, assign, sub-license, or otherwise transfer any materials or contents from this website; broadcast, publish or display any materials or contents from this website in any public forum; reproduce, redistribute, duplicate, copy, sell, resell, modify, or otherwise exploit the materials or contents from this website for any commercial purpose; or make any use of the materials and contents of this website that is inconsistent with these terms and conditions. By violating or failing to comply with any portion of these terms and conditions, the limited license set forth herein shall be automatically revoked and terminated without any further notice to you. All rights not expressly granted to you are reserved to and retained by Owner and Owner’s licensors.

Prohibited Uses

You shall not take any action with regard to this website or its contents that in any way causes or is likely to harm or cause to damage to this website, other users, or the availability or accessibility of this website. You shall not use this website or its contents in any manner that is unlawful, illegal, or fraudulent, or that is connected to any unlawful, illegal, harmful, or fraudulent purpose or activity. You shall not use this website or its contents to copy, store, host, expose, send, direct, imbed, encode, share, transmit, convey, publish, broadcast, distribute, redistribute, or otherwise transfer any virus, spyware, Trojan horse, worm, keystroke logger, rootkit, malware, or other disruptive materials, data, programs or software. You shall not conduct any systematic or automated data collection activities on or in connection with this website or its contents. You shall not use this website or its contents to transmit or send any spam, marketing materials, or other unsolicited communications to any other person, natural or corporate. Without prejudice of any rights of Owner as set forth herein, Owner may take any and all such action that it deems appropriate with regard to any breach or violation of these terms and conditions by you, including suspending your access to this website, blocking or prohibiting you from accessing this website, blocking computers or other electronic equipment using your IP address, contacting your internet service provider, contacting any relevant third parties or law enforcement agencies, and/or bringing legal action against you.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL CONTENT HEREOF, INCLUDING BUT NOT LIMITED TO, MATERIALS, PRODUCTS, AND ANY OTHER INFORMATION IN ANY FORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. OWNER DOES NOT WARRANT THAT THIS WEBSITE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT ANY INFORMATION ON THIS WEBSITE IS COMPLETE, TRUE, ACCURATE, OR OTHERWISE NON-MISLEADING. NOTHING IN THIS WEBSITE IS MEANT TO CONSTITUTE ADVICE OF ANY KIND, AND YOU SHOULD CONSULT RELATED PROFESSIONALS REGARDING ANY CONCERNS RELATING TO INFORMATION OR PRODUCTS OFFERED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT WARRANT INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, OR SENT TO YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, BUSINESS LOSSES OF ANY KIND, LOST REVENUE, LOST INCOME, LOST PROFITS, ANTICIPATED SAVINGS, LOST REPUTATION OR GOODWILL, UNLESS OTHERWISE SPECIFIED IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF OWNER. BY ACCESSING AND UTILIZING THIS WEBSITE, YOU AREE THAT THE EXCLUSIONS OF LIABILITY SET FORTH HEREIN ARE REASONABLE. YOU FURTHER AGREE THAT NONE OF THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES OF OWNER SHALL BE LIABLE TO YOU FOR ANY REASON IN CONNECTION WITH YOUR ACCESS OR USE OF THIS WEBSITE.

Indemnification

You shall indemnify, defend, save, and hold harmless Owner, its affiliates, subsidiaries, officers, directors, employees, agents or other representatives (collectively the “Indemnified Party”) from and against any claims, losses, damages, costs, liabilities, damages, and expenses of any nature relating to or arising from any misuse, violation, breach or other default by you of any portion of these terms and conditions. You shall also pay for or reimburse Indemnified Party for all attorney’s fees, expenses and court costs in connection with any such action, whether suit be brought or not, including all levels of appeal, mediation and in any alternative dispute resolution or administrative proceedings. In the event that Indemnified Party is joined in any lawsuit relating to or arising out of your access or use of this website, you agree to defend Indemnified Party through counsel acceptable to and selected by Indemnified Party. If you fail to timely retain legal counsel acceptable to Indemnified Party, then Indemnified Party shall have the right to retain legal counsel for the defense of said action and to recover from you all attorney’s fees, expenses and court costs incurred by them in the defense of said action.

Governing Law, Venue, and Attorney’s Fees

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Florida, without regard to conflict of law principles. Venue for any disputes relating to your dealings with Owner, any use of this website, and/or these terms and conditions shall lie exclusively in a Court of competent jurisdiction in Lake County, Florida. In the event that Owner takes any legal action against you to enforce any provision of these terms and conditions, then Owner shall be entitled to collect from you all attorney’s fees incurred in connection with such action, including on all levels of appeal. Such attorney’s fees shall be collectible by Owner whether or not suit be brought.

Assignment

Owner may assign in whole or in part its rights and/or obligations with respect to these terms and conditions, without notice and without the need to obtain any form of approval from you. You shall not assign, convey, sub-contract, or otherwise transfer any rights and/or obligations in connection with these terms and conditions without the express written approval of Owner, which approval or disapproval shall be left to the sole discretion of Owner.

Severability

In the event that any provision or a portion of any provision of these terms and conditions are declared unenforceable or invalid by any court or administrative body having competent jurisdiction, the remaining provisions of these terms and conditions shall be deemed enforceable and shall remain in full force and effect. Any finding of unenforceability or invalidity shall be as narrowly construed as possible to give full force and effect to the remaining provisions of these terms and conditions.

Waiver of Jury Trial

You hereby expressly waive any rights to a jury trial in any action relating to these terms and conditions, your access and use of this website, or your dealings with Owner.

Risk of Loss

Any goods shipped by Owner to you in connection with your access and use of this website shall be delivered by Owner to a common carrier. The risk of loss for any such items passes to you immediately upon Owner’s delivery of the item(s) to the common carrier.

Non-Waiver

Owner’s waiver of any default or breach of any portion of these terms and conditions shall not be deemed a waiver of any other breach by you of the same or any other provision of these terms and conditions.

Variation

These terms and conditions may be revised from time to time, and any such revised provisions of these terms and conditions shall apply beginning immediately upon their publication on this website. Please revisit these terms and conditions regularly to ensure your continued familiarity with these terms and conditions.

Binding Effect

These terms and conditions shall be binding upon the heirs, personal representatives, assigns and successors of the parties hereto.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Owner regarding your access and use of this website and shall not be modified except by written agreement.