Equipment First, LLC, Access Machinery, LLC, and Creative Equipment Solutions, L.L.C., together with any affiliates, subsidiaries, related entities, or partnerships of any of the foregoing (collectively, "the Companies"), operate various websites, mobile applications, social media platforms, digital channels, and other online mediums (collectively, the "Sites"). Privacy is one of our main focuses and we do everything in our powers to make sure your information stays safe and secure. This page informs you of our policies regarding the collection, use, and disclosure of Personal Information we receive from users of any of the Sites or any other medium operated by the Companies. By using any of the Sites or otherwise interacting with the Companies through any digital medium, you agree to the collection and use of information in accordance with this policy. This Privacy Policy applies equally to all of the Companies and all of their respective Sites, platforms, and digital channels.
Information Collection and Use
While using any of the Sites or interacting with the Companies through any digital medium or social media platform, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include but is not limited to your name, address, email address, and phone number ("Personal Information"). We may use your email address or other contact information to send you service-related notices (including any notices required by law, in lieu of communication by postal mail). We may also use your contact information to send you marketing messages across any channel, including but not limited to email, telephone, text message, social media, and online advertising platforms. If you don't want to receive these messages, you can opt-out by emailing us at info@equipmentfirst.com. We may retain the content of your email messages, your email address, and our responses.
Log Data
Like many site operators, we collect information that your browser or device sends whenever you visit or interact with any of the Sites ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of the Sites that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor, and analyze this information. In addition to log data, we may also collect information about the device you're using to access the Sites, including what type of device it is, what operating system you're using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you're using and its settings. This data may be collected across any or all of the Sites and platforms operated by the Companies.
Sharing of Information
There may be times when communications and related content and other user information may be shared by the Companies, their affiliates, and third parties. In addition to the above, you acknowledge that any information provided to the Companies via any of the Sites or digital mediums will become accessible to our third-party providers and agents. The below section provides information on how this information is used. The Companies may share information:
- With third-party service providers and agents. We may from time to time employ third-party companies or individuals to process Personal Information on our behalf. These services include but are not limited to Online Market Research, Payment Processors, Web Hosting Services, or Lead Generation Processors.
- With manufacturers, equipment vendors, or other intermediaries who provided specific information about the products or services contained within the Sites.
- With advertisers and vendors who may benefit from information provided through the Sites. If you would like to opt-out of having your information provided to advertisers or vendors, please email us at info@equipmentfirst.com.
- With law enforcement and other government authorities as permitted by law for the prevention, detection, and persecution of criminal acts.
Children's Information
The Companies' websites, mobile applications, social media platforms, and other digital channels are not intended for use by children under the age of 16. Please contact us immediately at info@equipmentfirst.com if you become aware that a minor has provided us with personal information without the consent of a parent or guardian.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials, and other information across any channel, including but not limited to email, telephone, text message, social media, and online advertising platforms, on behalf of any or all of the Companies.
Cookies
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information on how you interact with the Sites. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to access certain portions of the Sites.
Security
The security of your Personal Information is important to us; however, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security. THE COMPANIES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY UNAUTHORIZED ACCESS TO, THEFT OF, OR DISCLOSURE OF PERSONAL INFORMATION CAUSED BY MALICIOUS ACTORS, HACKERS, CYBERCRIMINALS, OR OTHER THIRD PARTIES. By providing your Personal Information through any of the Sites or digital mediums, you acknowledge and accept this risk.
Disclaimer of Warranties / Assumption of Risk
THE SITES AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED BY THE COMPANIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANIES DO NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SITES AND THE SUBMISSION OF ANY PERSONAL INFORMATION IS ENTIRELY AT YOUR OWN RISK. THE COMPANIES EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DISCLOSURE OF YOUR PERSONAL INFORMATION CAUSED BY MALICIOUS ACTORS, HACKERS, CYBERCRIMINALS, OR OTHER THIRD PARTIES BEYOND THE COMPANIES' REASONABLE CONTROL. IN NO EVENT SHALL THE COMPANIES BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM SUCH UNAUTHORIZED ACCESS OR MALICIOUS ACTIVITY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANIES, THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY, THE COLLECTION OR USE OF PERSONAL INFORMATION, ANY DATA BREACH OR SECURITY INCIDENT, OR THE USE OR INABILITY TO USE THE SITES, REGARDLESS OF WHETHER THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE EXTENT THAT ANY LIABILITY IS FOUND, THE TOTAL AGGREGATE LIABILITY OF THE COMPANIES FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY OR THE COLLECTION, USE, OR DISCLOSURE OF PERSONAL INFORMATION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE COMPANIES SHALL HAVE NO LIABILITY WHATSOEVER FOR DATA BREACHES, UNAUTHORIZED DISCLOSURES, OR LOSS OF PERSONAL INFORMATION CAUSED BY MALICIOUS ACTORS, CYBERCRIMINALS, HACKERS, OR OTHER THIRD PARTIES, REGARDLESS OF CIRCUMSTANCES.
Third-Party Links and Services
The Sites may contain links to third-party websites, social media platforms, payment processors, manufacturer pages, and other external services that are not owned or controlled by the Companies. The Companies have no control over and assume no responsibility for the content, privacy policies, data practices, or security of any third-party sites or services. By clicking on any third-party link or using any third-party service accessible through the Sites, you acknowledge that you are leaving the Companies' Sites and that your interactions with such third parties are governed solely by their own privacy policies and terms. The Companies expressly disclaim all liability for any loss, damage, or harm arising from your use of any third-party website or service, including but not limited to any collection, use, or disclosure of your personal information by such third parties.
Social Media Policy
The Companies maintain profiles and pages on third-party social media platforms, including but not limited to Facebook, Instagram, and LinkedIn (collectively, "Social Media Platforms"), and users may interact with the Companies through such platforms via posts, comments, direct messages, or other communications. You acknowledge that any interaction you have with the Companies through Social Media Platforms is also governed by the respective platform's own terms of service, privacy policy, and data practices, over which the Companies have no control and for which the Companies assume no responsibility. The Companies may use platform-provided tools, including but not limited to tracking pixels, insight tags, and custom audience features, which may result in the collection of data about your activity by those platforms on the Companies' behalf; by interacting with the Companies through any Social Media Platform, you consent to such data collection and are encouraged to review the applicable platform's privacy policy for full details. Communications submitted to the Companies through Social Media Platforms, including direct messages, are stored and processed on those platforms' servers and subject to their data retention practices; the Companies are not responsible for how such platforms store, use, or share those communications. Any content you post publicly on the Companies' Social Media Platform pages, including comments, reviews, or tagged content, is public and subject to the platform's terms, and the Companies expressly disclaim all liability for any such publicly posted content and reserve the right to remove content that violates applicable law or platform terms. The Companies may use information gathered through Social Media Platforms for marketing, retargeting, and advertising purposes, and California residents may exercise their applicable CCPA rights with respect to any such data by contacting the Companies using the information provided in the Contact Us section of this policy.
Governing Law / Dispute Resolution / Class Action Waiver
This Privacy Policy and any disputes arising out of or related to the collection, use, or disclosure of your personal information shall be governed by the laws of the State of Arizona, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to this Privacy Policy shall be resolved exclusively through binding individual arbitration administered under the rules of the American Arbitration Association ("AAA") and conducted in Maricopa County, Arizona. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY OR THE COLLECTION, USE, OR DISCLOSURE OF YOUR PERSONAL INFORMATION. Each party shall bear its own costs and fees in any such arbitration unless the arbitrator determines that a party's claim or defense was frivolous, in which case the arbitrator may award fees to the prevailing party. Notwithstanding the foregoing, the Companies reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect their intellectual property or confidential information.
Changes to This Privacy Policy
This Privacy Policy is effective as of January 1, 2026, and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of any of the Sites or any other medium operated by the Companies after we post any modifications to this Privacy Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy as it applies to Equipment First, LLC, Access Machinery, LLC, Creative Equipment Solutions, L.L.C., or any related entity, or if you wish to submit a privacy-related dispute (which shall be subject to binding arbitration as described herein), please contact us at info@equipmentfirst.com.
