
2025 4eighty Holdings LLC. All rights reserved.
Terms and Conditions for 4eighty Holdings LLC
Last Updated: October 2025Welcome! These Terms and Conditions (these "Terms") are a legally binding agreement between you ("you," "your," or "User") and 4eighty Holdings LLC and its subsidiaries, affiliates, and related entities, including but not limited to equipment4sale.com (collectively, "Company," "we," "us," or "our").
These Terms govern your access to and use of all websites, mobile applications, and other online services owned or operated by the Company, including equipment4sale.com and any future platforms we may launch (collectively, the "Services").
By accessing, browsing, registering for, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (which is expressly incorporated herein by reference).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
1. Our Role as a Neutral Platform
THIS IS A CRITICAL CLAUSE. READ CAREFULLY.
You acknowledge and agree that the Services (such as equipment4sale.com) are provided solely as a neutral venue to connect buyers and sellers of heavy equipment and related items.
We are Not a Party to Transactions: The Company is not a seller, renter, broker, dealer, auctioneer, or agent for any User. We are not a party to any agreement, negotiation, or transaction made between Users.
We Do Not Own or Inspect Equipment: We do not own, sell, rent, lease, or possess any of the equipment listed on our Services. All equipment is offered for sale or rent directly by other Users.
We Do Not Guarantee Listings or Transactions: We do not inspect, verify, or guarantee the existence, quality, safety, legality, condition, or accuracy of any User-provided listings, photos, or data (including hour or mileage readings). We do not guarantee the ability of sellers to sell items, the ability of buyers to pay for items, or that a User will actually complete a transaction.
"AS IS" Listings: All listings are provided by Users, not by us. All transactions are made at the Users' own risk. We strongly recommend that all potential buyers conduct their own independent inspections and due diligence before making any purchase or rental commitment.
2. Your Privacy & Data
Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and share your personal information. You must read and agree to the Privacy Policy to use our Services.
You specifically acknowledge and agree to the following:
Publicly Displayed Data: As a core function of our Services, any information, photos, specifications, or contact details (e.g., name, phone number) that you voluntarily submit to be part of a public-facing page (such as an equipment listing, a user profile, or a forum post) will be displayed publicly. You grant us a non-exclusive, worldwide, royalty-free license to display this information. We are not responsible for how the public or other third parties use this information.
Data Collection & Use: We collect data on your use of our Services. You consent to us using this data as described in our Privacy Policy.
Sharing & Selling Data: As further detailed in our Privacy Policy, we reserve the right to share or sell certain user data to our partners and other third parties, where legally permissible. By using the Services, you consent to this practice, subject to your rights under applicable data privacy laws (like the GDPR or CCPA/CPRA).
3. User Accounts
Account Creation: To use certain features, you must register for an account. You agree to provide accurate, current, and complete information and to keep this information updated.
Eligibility: You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services.
Account Security: You are solely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You must notify us immediately of any unauthorized use.
Account Termination: We reserve the right, in our sole discretion, to suspend, disable, or terminate your account or your access to the Services, with or without notice, for any reason, including but not limited to your breach of these Terms.
4. User-Generated Content & Listings
Your Responsibility: You are solely responsible for all content, including listings, photos, messages, and profile information, that you upload, post, or transmit through our Services ("User Content").
Your Warranties: You represent and warrant that:
You own or have all necessary rights and permissions to post your User Content.
Your User Content is accurate, truthful, and not misleading (including all information about equipment condition, hours, mileage, and legal title).
Your User Content does not violate these Terms or the rights of any third party (including intellectual property rights or privacy rights).
You have the legal authority to sell or rent any equipment you list, and all listed items are free from any liens or encumbrances not explicitly disclosed.
License to Us: By posting User Content, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, reproduce, modify, adapt, publish, display, distribute, and make derivative works of your User Content in connection with operating and promoting the Services.
5. Acceptable Use Policy
You agree not to use the Services to:
Violate any local, state, federal, or international law or regulation.
Post any content that is fraudulent, false, misleading, defamatory, obscene, or hateful.
Infringe upon any third party's intellectual property, privacy, or other rights.
List any stolen, counterfeit, or illegal items.
Scrape, spider, or use any robot or other automated means to access the Services for any purpose without our express written permission.
Distribute spam, chain letters, or unsolicited commercial messages.
Interfere with or disrupt the integrity or performance of the Services.
6. Intellectual Property
All rights, title, and interest in and to the Services (excluding User Content) are and will remain the exclusive property of the Company and its licensors. This includes all software, text, graphics, logos, and our trademarks. You may not use our brand, logos, or trademarks without our prior written consent.
7. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY.
DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
NO GUARANTEE OF LISTINGS: WE MAKE NO WARRANTY AND DISCLAIM ALL LIABILITY REGARDING THE ACCURACY, TRUTHFULNESS, COMPLETENESS, SAFETY, QUALITY, OR LEGALITY OF ANY USER CONTENT OR EQUIPMENT LISTED ON THE SERVICES.
NO RESPONSIBILITY FOR TRANSACTIONS: WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN USERS. WE ARE NOT RESPONSIBLE FOR ANY USER'S PERFORMANCE OR NON-PERFORMANCE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING FINANCIAL LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY) INCURRED AS A RESULT OF ANY INTERACTION OR TRANSACTION WITH ANOTHER USER.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OUR HOLDING COMPANY, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES;
ANY TRANSACTION, COMMUNICATION, OR INTERACTION WITH OTHER USERS;
ANY CONTENT OBTAINED FROM THE SERVICES (ESPECIALLY USER CONTENT);
ANY EQUIPMENT PURCHASED, RENTED, OR SOLD THROUGH THE SERVICES;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA.
LIABILITY CAP: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its holding company, affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
Your use of and access to the Services;
Your violation of any term of these Terms;
Your User Content, including any claims of inaccuracy, fraud, or infringement;
Your violation of any third-party right, including any intellectual property or privacy right; or
Any dispute, conflict, or transaction between you and another User.
9. Release of Claims
Because we are a neutral venue, you hereby release the Company (and our holding company, affiliates, officers, directors, agents, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and one or more other Users.
10. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by the laws of the State of Arizona, without regard to its conflict of law principles.
Binding Arbitration: You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. General Terms
Changes to Terms: We reserve the right, in our sole discretion, to modify or replace these Terms at any time. We will post the updated Terms on this page and update the "Last Updated" date. Your continued use of the Services after any such change constitutes your acceptance of the new Terms.
Entire Agreement: These Terms (and the Privacy Policy) constitute the entire and exclusive agreement between the Company and you regarding the Services, and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced.
Contact Information: If you have any questions about these Terms, please contact us at:
4eighty Holdings LLC
9734 E Cholla St, Scottsdale, AZ 85260
[email protected]
2025 4eighty Holdings LLC. All rights reserved.
Privacy Policy for 4eighty Holdings LLC
Last Updated: October 20251. Introduction
This Privacy Policy ("Policy") describes how 4eighty Holdings LLC and its subsidiaries, affiliates, and related entities, including but not limited to equipment4sale.com, (collectively, "Company," "we," "us," or "our") collect, use, store, and disclose your information.
This Policy applies to all of our websites, mobile applications, and other online services, including any future platforms we may launch (collectively, the "Services").
By accessing or using any of our Services, you agree to the collection, use, and disclosure of your information as described in this Policy. If you do not agree, please do not access or use our Services.
This Policy is incorporated by reference into our Terms and Conditions.
2. Information We Collect
We collect information in several ways, including information you provide to us directly, information we collect automatically, and information we may receive from third parties.
A. Information You Provide to Us
Account Information: When you register for an account, we collect information such as your name, email address, and phone number.
Publicly Displayed Information: As a core function of our marketplace Services, we collect information you voluntarily submit for public display. This includes:
Listing Details: Information about the equipment you are selling or renting, including specifications, photos, videos, location, and asking price.
User Profile Information: Your username, company name, and any other information you choose to make public on your profile.
Public Contact Information: The name, phone number, or email address you provide to be displayed on your listings so other users can contact you.
Communications: When you contact us for support, send messages to other users through our platform, or otherwise communicate with us, we may collect and store copies of those communications.
Payment Information: If you purchase services from us (such as listing fees or subscriptions), we collect payment information through our third-party payment processor. We do not store your full credit card details.
B. Information We Collect Automatically
Usage Data: We automatically collect information about how you interact with our Services. This includes the pages you view, your search queries, the listings you browse, and the dates and times of your visits.
Device and Log Data: We collect information from your device, including your IP address, browser type, operating system, device identifiers, and cookie data.
Cookies and Tracking Technologies: We use cookies, web beacons, and similar technologies to collect information about your browsing activity, personalize your experience, and for advertising purposes. Please see our "Cookies and Tracking" section below for more details.
3. How We Use Your Information
We use the information we collect for the following purposes:
To Provide and Manage the Services: To operate our marketplace, display your public listings, connect buyers with sellers, and allow users to communicate.
To Maintain and Improve Our Services: To analyze how our Services are used, to fix bugs or errors, and to develop new features and services.
To Communicate With You: To send you administrative messages, service updates, security alerts, and support messages.
For Marketing and Advertising: To send you marketing communications about our products and new services (from any of our subsidiary companies) that we believe may interest you.
To Share with Partners: As described in the section below, we may share or sell your information to our business partners for their own marketing and advertising purposes, where legally permissible.
For Safety and Security: To prevent fraud, detect abuse, and enforce our Terms and Conditions.
To Comply with Legal Obligations: To comply with applicable laws, subpoenas, or legal proceedings.
4. How We Share Your Information
Your information may be shared in the following ways:
Publicly on Our Services (Crucial Notice):
Any information you include in a public-facing part of our Services (such as a listing, user profile, or forum post) will be visible to everyone, including other users and the general public. This is a necessary part of our marketplace. Do not post any information you are not comfortable sharing publicly. We are not responsible for how other parties use the information you make public.
With Other Users: We may share your contact information (as provided by you) with another user when you initiate contact (e.g., a buyer inquiring about a seller's listing).
With Our Service Providers: We share information with third-party vendors and service providers who perform services on our behalf, such as payment processing, cloud hosting, data analytics, email delivery, and customer support.
With Our Subsidiaries (Holding Company Structure): We may share your information among our family of companies (our holding company and all its subsidiaries) for internal business, operational, and marketing purposes.
With Advertising and Marketing Partners (Sale of Data):
We may sell or "share" (as defined by applicable privacy laws) your personal information with third-party partners, such as equipment manufacturers, financing companies, and logistics providers, so they can market their products and services to you. You may have the right to opt-out of this activity, as described in the "Your Rights and Choices" section.
For Legal Reasons and Business Transfers:
We may disclose your information if required by law, subpoena, or if we believe in good faith that such action is necessary to (a) comply with a legal obligation, (b) protect and defend our rights or property, or (c) prevent or investigate possible wrongdoing.
We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
5. Your Rights and Choices
You have certain rights and choices regarding your personal information, which may vary depending on your location.
Marketing Opt-Out: You can unsubscribe from our marketing emails at any time by clicking the "unsubscribe" link in the footer of the email.
Access, Correction, and Deletion: You may be able to access, update, or request deletion of your personal information by logging into your account settings or by contacting us.
Cookies: Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject browser cookies.
6. Specific Rights for California Residents (CCPA/CPRA)
If you are a California resident, you have the following rights:
Right to Know: The right to request that we disclose what personal information we collect, use, disclose, "sell," and "share."
Right to Delete: The right to request the deletion of your personal information, subject to certain exceptions.
Right to Opt-Out of Sale/Sharing: The right to direct us not to sell or share your personal information with third parties for cross-context behavioral advertising.
Right to Correct: The right to request correction of inaccurate personal information.
Right to Limit Use of Sensitive Personal Information: The right to limit our use of your sensitive personal information (if we collect any).
Non-Discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights.
How to Exercise Your Rights (Do Not Sell or Share):
To opt-out of the "sale" or "sharing" of your personal information, please contact us at [email protected].
7. Specific Rights for European Area Residents (GDPR)
If you are located in the European Economic Area (EEA), UK, or Switzerland, you have the right to:
Access, correct, update, or request deletion of your personal information.
Object to processing of your personal information, ask us to restrict processing, or request portability of your information.
Withdraw your consent at any time if we have collected and processed your information with your consent.
Complain to a data protection authority about our collection and use of your personal information.
8. Data Security
We implement reasonable technical and organizational measures to protect your personal information from unauthorized access, use, or disclosure. However, no internet or email transmission is ever fully secure or error-free. We cannot guarantee the absolute security of your information.
9. Children's Privacy
Our Services are not directed to or intended for use by individuals under the age of 18. We do not knowingly collect personal information from children under 18.
10. Changes to This Privacy Policy
We may update this Privacy Policy from time to time in our sole discretion. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top. Your continued use of the Services after any changes constitutes your acceptance of the new Policy.
11. Contact Us
If you have any questions about this Privacy Policy or our data practices, please contact us at:
4eighty Holdings LLC
9734 E Cholla St, Scottsdale, AZ 85260
[email protected]
2025 4eighty Holdings LLC. All rights reserved.
2025 4eighty Holdings LLC. All rights reserved.