Terms of Use

Last Updated on: January 18th, 2024

These Terms of Use are entered into between you and Charney Commercial Sales, Inc. (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of Company's website www.charneycommercialsales.com, including any content, functionality, and services offered on or through the Services. The Services are owned by us and provided as services to its current and potential customers.

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start using the Services. By using the Services or by clicking to accept or agree to the Terms of Use when that option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Terms of Sale, and our Privacy Policy (collectively, “Terms and Conditions”). If you do not agree to the Terms & Conditions, you must not access or use the Services.

Changes to Terms of Use

You should periodically review the Terms of Use. In our sole discretion, we may modify or revise the Terms & Conditions at any time. By continuing to use the Services, you agree to be bound by such changes. Nothing in the Terms & Conditions shall be deemed to confer any third-party rights or benefits nor to form an agreement of any form between parties. Changes to the Terms & Conditions are effective upon their posting to the Services.

Changes to the Services

We may occasionally update the content of the Services, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. If you’d like to verify that the displayed information is correct, please contact us by emailing info@charneycommercialsales.com

Reliance on information posted

The information presented on or through the Services is made available solely for general information purposes. This information is not designed to provide any professional advice, including accounting, compliance, tax, or legal advice. While we use reasonable efforts to include accurate, reliable, and up-to-date information on the Services, we do not warrant the accuracy, completeness, or usefulness of the information. Any reliance that you place on such information is strictly at your own risk. We do not hold any liability or responsibility arising from any reliance placed on such material by you or any other visitor to the Services or by anyone who may be informed on any of its contents.

The Services may include content provided by third parties, including materials provided by users and third-party licensors. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than content provided by us, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions.

Online purchases and other terms and conditions

All purchases through the Services or other transactions resulting from visits made by you to the Services are governed by our Terms of Sale, which are incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Services, which are also incorporated into these Terms of Use. By submitting information relevant to your purchase, including, but not limited, to your credit card, its expiration date security code, your address, and billing information, you grant us (or the third-party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SERVICES ARE ONLY OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

Accessing the Services and account security

We reserve the right to withdraw or amend the Services and any material we provide through the Services in our sole discretion and without any notice. We will not be liable if, for any reason, all or part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts (or all) of the Services to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who have access to the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources that it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Terms of Sale and Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Terms of Sale and Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. If you share this information with a third party (or authorize a third party to have access to or be linked to your account through any of the Services’ features), that individual may have access to your account and personal information, including, but not limited to, your credit card information. You agree to take responsibility for actions taken by an individual with whom you have shared or authorized access to your account.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier when chosen by you or provided by us at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use. You also agree to hold harmless and indemnify Charney Commercial Sales, Inc. from any claims concerning third-party use of your account.

Intellectual property rights

The Services and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and their design, selection, and arrangement) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Services, except as follows:

Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages from your device for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You may not:

Modify copies of any materials from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright

All content included on this site is the property of Charney Commercial Sales, Inc. or its content suppliers and is protected by U.S. and international copyright laws (unless of previous public domain). All operating software used on this site is the property of Charney Commercial Sales, Inc. or its suppliers and is protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright infringement

If you believe that any content on the Services violates your copyright, please send a notice by email to info@charneycommercialsales.com or mail to: Charney Commercial Sales, Inc., Attn: Legal, 1148 28 th St SW Suite B, Wyoming, MI 49509. Be advised that claimants who make misrepresentations about copyright infringement may be liable for damages, including court costs and attorneys’ fees.

Prohibited uses

You may use the Services only for lawful purposes in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Use.
To transmit or procure the sending of any advertising or promotional material, including any junk mail, chain letter, spam, or other similar solicitation.
To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined in our sole discretion, may harm (or expose to liability) us or the users of the Services.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other purpose not expressly authorized in these Terms of Use.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Attack the Services through a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

Information about you and your visits to the Services

We may collect (or you may provide) your personally identifiable information. All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer

CHARNEY COMMERCIAL SALES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHARNEY COMMERCIAL SALES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND USAGE FOR A PARTICULAR PURPOSE. CHARNEY COMMERCIAL SALES, INC. SHALL NOT BE LIABLE FOR FAULTY, OUTDATED, OR POTENTIALLY INACCURATE INFORMATION ON THIS SITE, INCLUDING PRODUCT EDITORIALS, PRODUCT SPECIFICATIONS OR INVENTORY STATUS; AND CHARNEY COMMERCIAL SALES, INC. RESERVES THE RIGHT TO CORRECT PRICING ERRORS AND TO CHANGE PRICES OR DISCONTINUE PRODUCTS AT ANY TIME.

System Availability

Charney Commercial Sales, Inc. makes every effort to maintain full system availability 24 hours per day, seven days per week. In the event of technical difficulties, Charney Commercial Sales, Inc. is not responsible for unprocessed orders.

Internet delays and Governmental Action

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

We are also not held responsible for governmental action of any kind which could interrupt the system or the processing of orders.

Termination

Charney Commercial Sales, Inc. reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that a customer violates applicable law or is harmful to our company and/or its affiliates.

Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

Legal disclaimers and copyright information will be provided upon request.

Entire agreement

The Terms of Use and incorporated Terms of Sale and Privacy Policy constitute the sole and entire agreement between us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Comments and concerns

All questions or comments about this privacy policy and our privacy practices should be directed to: info@charneycommercialsales.com or by visiting our ‘contact us’ Page

Dispute Resolution and Interpretation

If any provision of this document is found to be invalid, inoperative, or unenforceable for any reason, this document shall be reformed and construed as if the invalid, inoperative, or unenforceable provision had never been contained herein. This document, and the rights and obligations of the parties hereunder, shall be construed in accordance and governed by the laws of the State of Michigan (without regard to conflict of law principles or to any claim of lack of jurisdiction and with each party irrevocably consenting and submitting to the personal jurisdiction of the courts of Kent County, Michigan) and shall be binding upon and inure to the benefit of the parties, and their heirs, successors personal representatives, and assigns. Any legal action or proceeding with respect to this document shall be brought and maintained in the State of Michigan, County of Kent, WITH ALL PARTIES HERETO WAIVING THEIR RIGHT TO A TRIAL BY JURY. If any action is brought by any party against the other(s) arising out of this document, the prevailing party shall recover from the other(s) their reasonable attorney fees and costs incurred in connection with the prosecution or defense of such action.