Terms & Conditions

Welcome to the VZ Direct website, which is owned and operated by VanderZiel Machinery Sales, Inc. (“VanderZiel”). VanderZiel provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Terms of Service”). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. The Terms of Service apply to your access to and use of vzdirect.com (the “Site”). 

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 


NO WARRANTY REGARDING ANY EQUIPMENT OR MACHINERY

This Site is provided solely as a means to connect buyers and sellers of machinery and equipment. By using this Site, you agree that you are responsible for independently verifying the condition of any item on the Site, as well as handling all aspects of the item’s sale and shipment or transportation. VanderZiel offers no warranty as to the fitness for intended use or the merchantability of any items or assets purchased or sold through the Site. The Site and all of its contents, such as text, graphics, images, and other materials created by VanderZiel or obtained from VanderZiel 's licensors, and other materials contained on the VZ Direct Site (collectively, "Content") are for informational purposes only. 


USE OF THE CONTENT

The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Service by reference.

Title to the Content remains with VanderZiel or its licensors. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the discretion of VanderZiel. All rights not expressly granted herein are reserved to VanderZiel and its licensors. 

If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.


LIABILITY OF VANDERZIEL AND ITS LICENSORS

The use of the VZ Direct Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of VanderZiel. Accordingly, VanderZiel assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the VZ Direct Site.

The VZ Direct Site and the Content are provided on an "as is" basis. VANDERZIEL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, VanderZiel, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the Site or VanderZiel.
  2. The satisfaction of any government regulations requiring disclosure of information on machinery or the approval or compliance of any software tools with regard to the Content contained on the Site.

In no event shall VanderZiel, its licensors, its suppliers, or any third parties mentioned on the VanderZiel Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not VanderZiel, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. VanderZiel, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). 


USER CONTENT AND SUBMISSIONS

The personal information you submit to the Site is governed by the VZ Direct Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

The Site contains functionality and other interactive areas ("Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  Users may also upload User Content via our social media platforms ("Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms of Service and other applicable policies.  VanderZiel reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms of Service or our other policies. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that VanderZiel is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to VanderZiel by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to VanderZiel by email, you agree such submission is non-confidential for all purposes.


USER SUBMISSIONS — IMAGE, VIDEO, AUDIO FILES

You agree to only post or upload media on the Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. 

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Service or the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Site.

By uploading any media on the Site or a Social Media Platform like a photo or video: (a) you grant to VanderZiel a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes VanderZiel to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify VanderZiel and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms of Service.

VanderZiel reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.


USER CONTENT GUIDELINES

If you use, or post User Content on a Public Area or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. VanderZiel and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms of Service:

  1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by VanderZiel in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to post comments that are not related to the purchase or sale of a listed item;
  6. Impersonating another person;
  7. Distributing viruses or other harmful computer code;
  8. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  9. Allowing any other person or entity to use your identification for posting or viewing comments
  10. Posting the same note more than once or "spamming"; or
  11. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of VanderZiel, exposes VanderZiel or any of its customers or suppliers to any liability or detriment of any type.

VanderZiel Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Service.
  2. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of these Terms of Service.
  3. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
  4. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

VanderZiel or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.


ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

VanderZiel may provide links to third-party websites. VanderZiel does not recommend and does not endorse the content on any third-party websites. VanderZiel is not responsible for the content of linked third-party sites, sites framed within the VZ Direct Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. VanderZiel does not endorse any product, equipment, machinery, or other item advertised on the Site. 


RESALE RESTRICTION POLICY

By using VZ Direct, buyers agree to purchase machinery for their own use and not for the purpose of resale. Unauthorized reselling of machines acquired through our platform is strictly prohibited. If a buyer is found to be purchasing equipment with the intent to resell, their account my be suspended or permanently banned without notice.

VZ Direct reserves the right to investigate suspicious purchasing behavior and take appropriate action to maintain the integrity of our marketplace.


INDEMNITY

You agree to defend, indemnify, and hold VanderZiel, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms of Service.


GENERAL

VanderZiel is based in Alto, Michigan, in the United States of America. VanderZiel makes no claims that VZ Direct and the Content on the Site are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.


JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with VanderZiel, or in any way relating to your use of the VanderZiel Site, resides in the courts of the State of Michigan and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Michigan in connection with any such dispute including any claim involving VanderZiel or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Service are governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on the VZ Direct Site, these Terms of Service and the VZ Direct Privacy Policy constitute the entire agreement between you and VanderZiel with respect to the use of the Site and Content.

Thank you for your cooperation. We hope you find the VZ Direct Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form.