Website Terms of Use

LAST UPDATED EFFECTIVE DATE: 08/25/2026

THESE WEBSITE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE OR BY PROVIDING YOUR PERSONAL INFORMATION OR OTHER INFORMATION TO US, YOU ARE ACCEPTING THESE TERMS AND OUR PRIVACY POLICY (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS AND OUR PRIVACY POLICY, DO NOT ACCESS AND/OR USE THE SITE.

The “Privacy Policy” is incorporated in these Terms. The Privacy Policy can be found at: www.victory-es.com/PrivacyPolicy

1.DEFINITIONS

1.1 “Victory,” “we,” “us” and “our” refers to Victory Equipment & Services, LLC.

1.2 “Site” refers to Victory Equipment & Services, LLC’s website at www.victory-es.com and other related blogs, domains, mobile sites, online services, and applications maintained by Victory.

1.3 “You” and “your” or “yourself” mean the individual or entity visiting or using the Site.

2. OWNERSHIP AND ACCESS

2.1 Ownership. All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items, embodied in or on the Site (“Content”) constitute the sole and exclusive property of Victory or its affiliates, licensors, service providers and/or Content providers. Neither these Terms, nor your access to the Site transfers to you or any third party any rights, title, or interest in or to such intellectual property rights. Victory and its licensors, service providers and Content providers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms

2.2 Restrictions. In addition to other restrictions set forth in these Terms, you agree: (i) you must not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any Content in or on the Site; (ii) you must not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (iii) you must not access the Site to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any Content in or on the Site) must be retained on all copies of it. The Content from the Site may not be used for your own commercial benefit or that of a third party except as expressly permitted by these Terms and/or some other signed agreement between you and Victory. Modification of the Content or use of the Content on or from the Site for any other purpose is a violation of the copyrights and other proprietary rights.

2.3 Modification. Victory reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Victory will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part of it.

2.4 Feedback. If you provide Victory with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Victory all rights in such Feedback and agree that Victory will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Victory will treat any Feedback you provide to Victory as non-confidential and non-proprietary. You agree that you will not submit to Victory any information or ideas that you consider to be confidential or proprietary.

3. ACCEPTABLE USE

You agree to the following restrictions on your use of the Site:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any data/information in a manner (i) that violates any third-party rights, including any publicity, copyright, trademark, trade secret, intellectual property or privacy rights, (ii) that is disruptive, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party, or (v) that results in Victory’s processing of data that would cause Victory to violate any laws, regulation, rights, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or unduly burden servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site.

4. THIRD-PARTY LINKS

The Site may contain links to third-party websites (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Victory and Victory is not responsible or liable for any Third-Party Links or the content, services, products or offerings available on or through such other websites. Victory provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your use of Third-Party Links is at your own risk and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

5. ACCOUNTS

To use certain features of the Site, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Victory reserves the right to keep information and content in Victory’s backup or archived files consistent with Victory’s record retention policies and as required or allowed by law. Victory reserves the right to suspend or terminate your Account in accordance with Section 8. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities under your Account. You agree to immediately notify Victory of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Victory cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. DISCLAIMERS

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND VICTORY (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, CERTAIN RESULTS WILL BE OBTAINED, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES, OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THESE DISCLAIMERS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.

7. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VICTORY (OR OUR AFFILIATES, RELATED PARTIES, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS OR SERVICE PROVIDERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF VICTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR AFFILIATES’, RELATED PARTIES’, OFFICERS’, EMPLOYEES’, SUCCESSORS’, ASSIGNS’ OR SERVICE PROVIDERS’) MAXIMUM COLLECTIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), IF FOUND LIABLE, WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY DOLLARS ($250).

8. TERM AND TERMINATION.

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including any applicable Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account, and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of data associated with your Account from our live databases. Victory will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, all provisions of these Terms that by their nature should survive termination, shall survive.

9. COPYRIGHT AND TRADEMARK NOTICES

All Content of the Site is Copyright Victory Equipment & Services, LLC, or its licensor(s). All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

10. GENERAL

10.1 Changes. We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Site. Your continued use of the Site following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Site. If you do not agree to these revised Terms, do not access or use the Site.

10.2 Governing Law. The validity, interpretation, and performance of these Terms will be governed by the laws of the State of Ohio without giving effect to the conflicts of laws provisions or principals thereof. You agree to the exclusive jurisdiction of the state and federal courts serving Clermont County, Ohio.

(a) Waiver of Jury Trial. YOU AGREE FOR YOURSELF AND ON BEHALF OF ANY ENTITY YOU REPRESENT TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.

(b) Waiver of Class or Other Non-Individualized Relief. YOU AGREE FOR YOURSELF AND ON BEHALF OF ANY ENTITY YOU REPRESENT THAT (I) NO LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS OR THE SITE SHALL BE CERTIFIED AS A CLASS ACTION OR PROCEED AS A CLASS ACTION, OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR PERSONS SIMILARLY SITUATED, AND (II) NO PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL BE CONSOLIDATED WITH, OR JOINED IN ANY WAY WITH, ANY OTHER PROCEEDING. VICTORY AGREES TO THE SAME LIMITATIONS SET FORTH IN THIS PARAGRAPH.

10.3 Indemnification. You agree to defend (with counsel selected or approved by Victory), indemnify, and hold Victory, its affiliates, related parties, officers, employees, successors, assigns and service providers harmless from any claims of any kind, liability, loss, injury, demands, actions, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in any way related to any third party claim concerning: (a) any content posted by you on, or information submitted by you through, the Site; (b) your violation of the intellectual property rights of others; (c) your violation of these Terms; and/or (d) any activity relating to accessing or using the Site by you or any person accessing the Site under your direction.

10.4 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Victory, or any products utilizing such data, in violation of the United States export laws or regulations.

10.5 Electronic Communications. The communications between you and Victory use electronic means, whether you use the Site or send us emails, or whether Victory posts notices on the Site or communicates with you by email. For contractual purposes, you (a) consent to receive communications from Victory in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Victory provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Victory’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Victory may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

10.7 Contact Information:

Victory Equipment & Services, LLC

1701 Edison Drive

Milford, OH 45150

Email: compliance@victory-es.com