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Terms of Use

Terms of Use Introduction; Consent to Terms

Please read these Terms of Use before using MachineryPete.com or any features of this site, including, but not limited to, MachineryPetePrices.com, Content Feeds, other syndicated distribution of content, Podcasts, API Content, widgets, the MachineryPete Community and other social networking features (collectively, the "MachineryPete Web Sites" or the "Service"). By using the Service, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Service and do not use the Service or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the MachineryPete Web Sites. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policy governing the web sites that may link to or from the MachineryPete Web Sites.

Copyrights

The contents of the MachineryPete Web Sites are protected by U.S. and international copyright laws. The contents of the MachineryPete Web Sites, including Podcasts, Content Feeds, API Content and other features of the MachineryPete Web Sites, are owned by or licensed to MachineryPete, LLC (the “Company”). In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to MachineryPete Web Sites by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the MachineryPeteWeb Sites without the prior written consent of the Company, except as provided below. All rights not expressly granted in these Terms of Use are reserved to the Company.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests MachineryPete.com promotes or endorses your, or any third party's, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the MachineryPeteWeb Sites that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on the MachineryPete Web Sites may be used in any media without attribution to MachineryPete.com.

You may use the Content Feeds, API Content, Podcasts and other features of the MachineryPete Web Sites only as expressly permitted in the relevant paragraphs below in these Terms of Use.

Any other use of MachineryPete.com content requires prior written permission from the Company.

Trademarks

MachineryPete.com logos and other Content Provider names and logos, are service marks of the “Company”. All rights are reserved by the respective owners. You may not use any Company-provided service marks, logos or graphics, without the Company's prior written consent, except that you shall have the right, and obligation, to use any MachineryPete.com or other Content Provider service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, MachineryPete.com's Media Player, or other functionalities of the Company’s Web Sites, subject to the requirements set forth in these Terms of Use for the use of the API Content, Content Feeds or other functionalities of the Company’s Web Sites.

User Materials

Through the MachineryPete.com tool sets, dealer-services, Community portion of the Service, Contact Us page, and other features of the MachineryPete Websites, users may post, upload, transmit, upload and/or otherwise submit ("Submit") product information, company information, comments, messages, text, photos, videos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the MachineryPete Web Sites ("User Materials"). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Company staff and on the Internet by the general public. You acknowledge that you have full rights of use for all User Materials. You acknowledge that the MachineryPete Web Sites, the MachineryPete.com Community, and other features of the MachineryPete Web Sites, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the MachineryPete.com Web Sites.

However, by submitting User Materials on or through the MachineryPete Web Sites, you hereby grant the Company, and other Content Providers, and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the MachineryPete Web Sites, Company sub-web sites, third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant the Company, its MachineryPete.com Web Site, its sub-web sites, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the MachineryPete Web Sites and other Content Providers Web Sites, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the MachineryPete Web Sites and other Content Providers Web Sites to use your User Materials pursuant to these Terms of Use and the terms of use of member station web sites, and as permitted by the functionality of the MachineryPete Web Sites and sub-web sites (such as through widgets and API Content distribution).

For any User Materials you Submit on or through the MachineryPete Web Sites, you agree to abide by the Rules of Use for the Service set forth below, the Social Networking Discussion Rules (for User Materials Submitted through the MachineryPete.com Community or in response to an MachineryPete.com Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Framing

MachineryPete.com does not allow framing of the MachineryPete Web Sites.

Links to MachineryPete Web Sites

MachineryPete.com encourages and permits links to content on MachineryPete Web Sites. However, the Company is an organization committed to the highest journalistic ethics and standards and to independent journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that the Company promotes or endorses any third party's causes, ideas, web sites, products or services, or (b) use the Company’s content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

The Company has provided links to Internet sites maintained by third parties, over which the Company has no control. The Company does not endorse the content, operators, products or services of such sites, and the Company is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

Use of Third Party Services

In some cases, the Company provides features on MachineryPete Web Sites through tools provided by a third party over which the Company has no control, influence, or oversight. You should only use these third party tools if you agree to be bound by their respective terms of use. Your use of these sharing features indicates your acceptance of the Third Party End User Agreements.

Content Feeds

MachineryPete Web Sites provide Really Simple Syndication (RSS) Feeds and provides or may provide other content feeds on or through the Service, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (extensible Markup Language) technology, or other syndication technology (individually, a "Content Feed" and collectively, the "Content Feeds"). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the web site, weblog or similar application. (a) the links redirect the user to the MachineryPete Web Sites when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable MachineryPete Web Sites page, (c) the use or display does not suggest that the Company promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to MachineryPete.com or the relevant Content Feed provider adjacent to the Content Feed, by including "MachineryPete.com News Headlines" or "MachineryPete.com" or the name of the relevant Content Feed provider in text adjacent to the Content Feed. Any other use of the Company's trademarks or service marks, the names or service marks of any Content Feed provider, or of the Content Feeds requires the prior written permission of the Company. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use. The Company reserves the right to discontinue providing Content Feeds and to require that you cease accessing or using the Content Feeds, or any content contained in the Content Feeds at any time for any reason.

API Content

The Company enables users to access certain content, including audio, text, images and other content on the MachineryPete Web Sites and other Content Provider web sites through an application programming interface (API). Content accessed through the API ("API Content") is available to registered users only for personal, non-commercial use, or for noncommercial online use.

If you have registered with the Company, you may use the API Content for personal, non-commercial use, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links to API Content redirect the user to the MachineryPete.com or MachineryPete.com sub-web sites or other Content Provider web sites when the user clicks on them. All audio must be streamed from the originating servers (through direct links that redirect the user to the MachineryPete.com or MachineryPete.com sub-web sites or other Content Provider Web Sites); (c) the date of all API Content is displayed with that content; (d) your use or display of API Content must not suggest that the Company, MachineryPete.com, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (e) you shall not modify any API content, headlines, links or metadata included in the API Content; (f) you shall not use the API Content in any way that changes or distorts the fundamental meaning of the content; (g) you may use only a limited amount of content from the API; you may not re-create the MachineryPete.com Web Sites, MachineryPete.com Member Web Sites, or any Content Provider Websites or any portion thereof; (h) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source's web page.; and (i) you must provide attribution for the content source (MachineryPete.com, MachineryPete.com member station, or other Content Provider), by including "MachineryPete.com" or the name of the relevant API Content source in text in connection with the API Content, and provide a link back to the API Content source's web site. Any other use of the Company's trademarks or service marks, the names or service marks of any API Content source, or of the API Content requires the prior written permission of the Company.

The Company reserves the right to include or apply sponsorship and / or advertising to any API Content and to track usage of the API Content. The Company reserves the right to discontinue providing API Content and to require that you cease accessing or using the API Content, or any content contained in the API Content, at any time for any reason.

Podcasts

The Company provides podcasts (the "Podcasts") consisting of selected audio content from MachineryPete.com, other Company content, and other content providers that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, weblog or similar application, as long as (a) the links redirect the user to the MachineryPete Web Sites when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable MachineryPete.com web page, (c) the linking does not suggest that the Company promotes or endorses any third party's causes, ideas, web sites, products or services, (d) you do not use Company content for inappropriate commercial purposes, and (e) you provide attribution to Company adjacent to the link. The Company reserves the right to discontinue providing Podcasts and to require that you cease accessing or using the Podcasts, or any content contained in the Podcasts, at any time for any reason.

Media Player

The Company offers an audio and video player for accessing audio and video content on the MachineryPete Web Sites (the "MachineryPete Media Player"). The MachineryPete Media Player may be embedded or displayed on your personal web site, weblog, or similar application for personal use , provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the MachineryPete Web Sites when the user clicks on them, and all content is streamed from the originating MachineryPete.com servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the MachineryPete Media Player; (d) you shall not delete or modify the Company logos contained in the MachineryPete Media Player; (e) your use or display of the MachineryPete Media Player must not suggest that the Company, MachineryPete.com, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (f) you shall not use the MachineryPete Media Player in any way that changes or distorts the fundamental meaning of the content; and (g) you may not insert any intermediate page, splash page or other content between the links contained within the MachineryPete Media Player and the MachineryPete Web Sites. Any other use of MachineryPete.com's trademarks or service marks, the MachineryPete Media Player, or of any content contained within the MachineryPete Media Player requires the prior written permission of the Company. The Company reserves the right to discontinue providing the MachineryPete Media Player and to require that you cease accessing or using the MachineryPete Media Player, or any content contained in the MachineryPete Media Player, at any time for any reason.

Rules for Use of the Service

By using the Service, including by registering for the Service, participating in the MachineryPete Community, Submitting User Materials through the MachineryPete Community, the Contact Us page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the MachineryPete Web Sites, you agree to the following rules:

1. You must be at least eighteen (18) years of age to register for or participate in the MachineryPete Community or other social networking features of the MachineryPete Web Sites; submit any User Materials or personally-identifying information on or through the MachineryPete Web Sites; participate in any online contests; and/or place an order on the MachineryPete Online Shop. If you are between the ages of 13 and 18, you may browse the MachineryPete Web Sites or register for email newsletters or other features of the Service (excluding the MachineryPete Community) with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize the Company, MachineryPete.com, and users of the MachineryPete Web Sites (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

5. The Service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the MachineryPete Web Sites or other Content Provider web sites for political campaigning recruiting votes, or soliciting support for legislative or other initiatives.

6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Service.

7. You may not interfere with or disrupt the integrity or performance of the MachineryPete Web Sites, or other Content Provider web sites, or any portion or contents thereof, or use these web sites in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to these Web Sites or related systems or networks.

8. By submitting any User Materials on or through the Service, you hereby grant the Company, MachineryPete.com, and other Content Providers, their licensees, and users of these Web Sites (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the "User Materials" section.

9. You are solely responsible for any User Materials submitted using your account. The Company does not and cannot review all User materials submitted by you or others and is not responsible for any User materials submitted by you or others on or through the Service. However, The Company has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the MachineryPete Community), or these Terms of Use, or for any other reason, as determined in the Company’s sole discretion.

10. The Company is not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Service. The Company cannot verify the accuracy of statements that users make or place on or through the Service, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Social Networking Discussion Rules(for User Materials Submitted through the MachineryPete Community), or these Terms of Use.

11. By using the MachineryPete Service, you agree to abide by these rules. You acknowledge that the Company has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the MachineryPete Community), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that the Company has the right to limit or terminate your, or any other person's, access to or registration in the Service for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

12. You agree to comply with the Social Networking Discussion Rules, as they may be updated from time to time by the Company.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by the MachineryPete Web Sites and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the MachineryPete Web Sites and these Terms of Use, (d) the User Materials, and their use by the Company, MachineryPete.com , their licensees, and users of the MachineryPete Web Sites and member station web sites (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the MachineryPete Community), or these Terms of Use, and (e) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless the Company, MachineryPete.com, its affiliates, and Content Providers to this Service and their respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the User Materials you have Submitted on or through the Service, or (4) the Company's or MachineryPete.com’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by the Company, MachineryPete.com, its affilaites, licensees, and users.

Sponsorship Disclosure

The Company offers content, tools, information and other materials written or maintained by the company, MachineryPete.com, and its affiliates and editorial partners. Forms of sponsorships, including paid advertising, may be accepted for some of these materials. Compensation for sponsorship of Company-branded materials offers the sponsoring client no input regarding content, including editorial phrasing, included images, topics, etc. The views and opinions expressed on Company-branded material are that of either Company, and/or its editorial partners and affiliates. The specific author(s) and are not influenced by advertising partners.

Disclaimer

THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMAPNY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES THE COMPANY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. CONTENT ON THE MACHINERYPETE WEB SITES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE MACHINERYPETE WEB SITES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE MACHINERYPETE WEB SITES.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY, ITS SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CUSTOMERS, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL THE COMPANY, ITS SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CUSTOMERS, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change MachineryPete Web Sites

The Company has the right to change the MachineryPete Web Sites, terminate or cease providing the MachineryPete Web Sites, or delete content, materials or features in any way, at any time or for any reason or no reason.

Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent

The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the MachineryPete Web Sites, please provide the following information in writing to the Company's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

2. a description of the copyrighted work that you claim has been infringed.

3. a description of the material that you claim 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 sufficient to permit us to locate the material.

4. information so that we can contact you, such as address, telephone number and e-mail address.

5. a statement that you have 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.

6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the MachineryPete Web Sites, that were subsequently removed from the MachineryPete Web Sites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to the Company's Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

1. your physical or electronic signature.

2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Only DMCA notices should be sent to the Company. For other comments or questions regarding the MachineryPete Web Sites, please contact the Company through our contact page.

International Users

The Service is controlled and operated within the United States. The Company makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous

These Terms of Use, together with the Privacy Policy and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of the Company or the MachineryPete Web Sites, and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the MachineryPete Web Sites. These Terms of Use are separate and distinct from the terms of use governing MachineryPete.com’s, the web sites of MachineryPete.com’s sub web sites, and the web sites that may link to or from the MachineryPete.com Web Sites. These Terms of Use shall be governed by and construed under Delaware law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Delaware. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about the terms of use, please contact the Company.