Terms& Conditions

Welcome to EXCAVATORS DIRECT. Your use of the EXCAVATORS DIRECT site, and related EXCAVATORS DIRECT services, and EXCAVATORS DIRECT products constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to the EXCAVATORS DIRECT Site. Additional or separate terms may apply to your Excavators Direct interactions, and your use of individual services or features available on the EXCAVATORS DIRECT Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of these Terms will govern. References to “Excavators Direct,” “EXCAVATORS DIRECT,” “our,” “we,” or “us” shall refer to Excavators Direct LLC, and their affiliates, subsidiaries, agents, and designees. References to “you,” or “your” shall refer to any user accessing viewing, or otherwise Excavators Direct interacting with any EXCAVATORS DIRECT Site(s). We may make changes to any EXCAVATORS DIRECT Sites and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the EXCAVATORS DIRECT Sites.

Use of the EXCAVATORS DIRECT Sites

You may use the EXCAVATORS DIRECT Sites for your personal, non-commercial use only. You may not use any EXCAVATORS DIRECT Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the EXCAVATORS DIRECT Sites only with the supervision or involvement of a parent or guardian.

Information On Our Site

We try to be as accurate as possible with the information we present on the EXCAVATORS DIRECT Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other Excavators Direct content is accurate, complete, or error free. Product prices offered on the EXCAVATORS DIRECT Site may vary from other advertised prices due to varying conditions in different geographic markets. Prices and promotions are subject to change and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, from time to time an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order, or we may contact you for instructions on the order. The prices displayed on the EXCAVATORS DIRECT Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping handling costs.

Paying For Your Order

Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we’ll debit your card when you place the pre-order. For special delivery items, we’ll charge your payment method when you confirm a delivery time.

Order Confirmation

While we will use our best efforts to fulfill all orders, EXCAVATORS DIRECT cannot guarantee the availability of any particular product displayed on the EXCAVATORS DIRECT Site. Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to promptly notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order. We reserve the right to discontinue the sale of any product listed on the EXCAVATORS DIRECT Site at any time without notice.

Use License

EXCAVATORS DIRECT grants you a license to access and use the EXCAVATORS DIRECT Site and to print individual pages from the EXCAVATORS DIRECT Site for your own personal, noncommercial use, provided that you agree to and accept without modification the Terms set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the EXCAVATORS DIRECT Site.

In addition, as a condition of your use of the EXCAVATORS DIRECT Site, you represent and warrant to Excavators Direct that you will not use the EXCAVATORS DIRECT Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the Terms set forth herein, please refrain from using the EXCAVATORS DIRECT Site. Other than these Terms between you and EXCAVATORS DIRECT relating to the use of the EXCAVATORS DIRECT Site, and the manner in which we are willing to engage you in the sale of products or services, EXCAVATORS DIRECT will not enter into any agreement with you or create any obligation to you through the EXCAVATORS DIRECT Site and no attempt to create such an agreement or obligation will be effective.

Trademarks

The trademarks, service marks and logos (collectively the “Marks”) used and displayed on this Site are registered and unregistered Trademarks of EXCAVATORS DIRECT and others. Nothing on this EXCAVATORS DIRECT Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the EXCAVATORS DIRECT Site, without our prior written approval. EXCAVATORS DIRECT aggressively enforces its intellectual property rights to the fullest extent of the law. The name of EXCAVATORS DIRECT, or any of EXCAVATORS DIRECT ’s trademarked product names; the EXCAVATORS DIRECT logo or the logo of any EXCAVATORS DIRECT trademarked product names; or the other EXCAVATORS DIRECT formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this EXCAVATORS DIRECT Site, without prior, written approval from EXCAVATORS DIRECT. EXCAVATORS DIRECT strictly prohibits the use of the EXCAVATORS DIRECT logo as part of a link to or from any site unless establishment of such a link is approved in advance by EXCAVATORS DIRECT in writing. Fair use of EXCAVATORS DIRECT’s Marks requires proper acknowledgment. Other product and company names mentioned on this EXCAVATORS DIRECT Site may be the marks of their respective owners.

Privacy

We take our commitment to protect your privacy seriously. Your use of the EXCAVATORS DIRECT Site is subject to our Privacy Policy. Please review the Privacy Policy for more on how we collect and use information.

Link to Third Party Sites

This Site may contain links to sites owned or operated by parties other than EXCAVATORS DIRECT or its affiliates. Such links are provided for your reference only. Excavators Direct does not control outside sites and is not responsible for their content. EXCAVATORS DIRECT’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does the inclusion of the links imply that EXCAVATORS DIRECT is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

NO WARRANTIES; EXCLUSION OF LIABILITY

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION AND/OR MATERIALS REFERENCED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EXCAVATORS DIRECT LLC SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. EXCAVATORS DIRECT SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE EXCAVATORS DIRECT SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE EXCAVATORS DIRECT SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY WARRANTY ON ANY PRODUCT SOLD THROUGH AN EXCAVATORS DIRECT SITE IS PROVIDED TO EXCAVATORS DIRECT OR DIRECTLY TO YOU BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCAVATORS DIRECT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE EXCAVATORS DIRECT SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE EXCAVATORS DIRECT SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE EXCAVATORS DIRECT SITE OR EXCAVATORS DIRECT GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD. IN NO EVENT SHALL EITHER EXCAVATORS DIRECT, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Contacting Us

If you have any questions about this agreement, please call us at 1-305 815 3485, visit our Contact page, or write us at:

Excavators Direct
Attention: Customer Service
7275 NW 68th St #9, Miami, FL 33166

Although EXCAVATORS DIRECT will be able to receive communication provided through this Site (including, without limitation, service requests and other submissions) in most circumstances, EXCAVATORS DIRECT does not guarantee that it will receive all such electronic communications, mail, or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such electronic communication, ,mail, or other information. Please be advised that internet and other forms of electronic communications are not always secure.

Uploaded Content

We welcome your comments regarding this site. However, by submitting any content to EXCAVATORS DIRECT (including photos), via the EXCAVATORS DIRECT Site or otherwise, you represent and warrant that:

You are the sole author and owner of the intellectual property rights thereto;
all “moral rights” that you may have in such content have been voluntarily waived by you; and use of the content you supply does not violate the Terms and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content:

That is known by you to be false, inaccurate or misleading;
That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party and your submission of such content would violate in any way the rights of that third party; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold EXCAVATORS DIRECT (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant EXCAVATORS DIRECT and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at EXCAVATORS DIRECT’s sole discretion. EXCAVATORS DIRECT reserves the right to change, condense or delete any content on the EXCAVATORS DIRECT Site that EXCAVATORS DIRECT deems, in its sole discretion, to violate these Terms. EXCAVATORS DIRECT does not guarantee that you will have any recourse through EXCAVATORS DIRECT to edit or delete any content you have submitted. You acknowledge that you, not EXCAVATORS DIRECT, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of EXCAVATORS DIRECT, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Disputes

You agree that this agreement and your use of the EXCAVATORS DIRECT Site is governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Dade County, Florida, USA in all disputes (a) arising out of, relating to, or concerning the EXCAVATORS DIRECT Site and/or these Terms; (b) in which the EXCAVATORS DIRECT Site and/or these Terms present is an issue of a material fact; (c) in which the EXCAVATORS DIRECT Site and/or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization; (d) arising out of relating to any products or services sold or distributed by EXCAVATORS DIRECT whether in store, in your home, over the phone, or online; and (e) related to EXCAVATORS DIRECT’s advertising, communication, delivery, or sales practices relating to its products and services. Use of the EXCAVATORS DIRECT Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions.
EXCAVATORS DIRECT has endeavored to comply with all legal requirements known to it in creating and maintaining the EXCAVATORS DIRECT Site but makes no representation that materials on the EXCAVATORS DIRECT Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the EXCAVATORS DIRECT Site may violate any legal requirements and you agree not to access the EXCAVATORS DIRECT Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
WITH THE PRIOR AGREEMENT OF EXCAVATORS DIRECT, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN DADE COUNTY, FLORIDA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

General

You agree that EXCAVATORS DIRECT may at any time and without notice change the terms, conditions and notices under which the EXCAVATORS DIRECT Site are offered; however, any change to the terms after your last usage of the EXCAVATORS DIRECT Site will not be applied retroactively.
You agree that no joint venture, partnership, employment or agency relationship exists between you and EXCAVATORS DIRECT as a result of this agreement or your use of this EXCAVATORS DIRECT Site.
EXCAVATORS DIRECT ’s performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of EXCAVATORS DIRECT’s right to comply with law enforcement requests or requirements relating to your use of the EXCAVATORS DIRECT Site or information provided to or gathered by EXCAVATORS DIRECT with respect to such use.
These Terms, the Privacy Policy, and terms of sale constitute the entire agreement between you and EXCAVATORS DIRECT with respect to the EXCAVATORS DIRECT sites. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EXCAVATORS DIRECT with respect to this EXCAVATORS DIRECT Site. No modification of this agreement shall be effective unless it is authored by EXCAVATORS DIRECT or its affiliates. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by EXCAVATORS DIRECT in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of this EXCAVATORS DIRECT Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by EXCAVATORS DIRECT in printed form.
EXCAVATORS DIRECT also may make employment information available through this EXCAVATORS DIRECT Site. EXCAVATORS DIRECT is an equal opportunity employer. EXCAVATORS DIRECT provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. EXCAVATORS DIRECT’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, AND TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF EXCAVATORS DIRECT OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE.

Termination of use

We may, in our sole discretion, terminate your account or your use of the EXCAVATORS DIRECT Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the EXCAVATORS DIRECT Site at any time without prior notice.

Copyrights

This EXCAVATORS DIRECT Site and the materials within it are the property of  EXCAVATORS DIRECT LLC, Inc.