Last updated: August 4, 2026
EZ TRADE MACHINERY LLC
Terms & Conditions
Last Updated: August 3, 2026 |Effective Date: August 3, 2026
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 17) THAT AFFECT YOUR LEGAL RIGHTS. These Terms & Conditions govern your access to and use of the EZ Trade Machinery LLC website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you must not use the site.
By accessing, browsing, or otherwise using the EZ Trade Machinery LLC website at www.eztrademachinery.com (the "Site") or any services offered by EZ Trade Machinery LLC (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions (the "Terms"), including any future modifications, and by our Privacy Policy, which is incorporated into these Terms by reference.
If you do not agree to these Terms in their entirety, you are expressly prohibited from using the Site and Services and must discontinue use immediately.
These Terms apply to all visitors, users, buyers, sellers, and all other individuals who access or use the Services, regardless of the capacity in which they do so. If you use the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.
The following information identifies the legal entity operating the Services:
EZ Trade Machinery LLC provides an online platform and brokerage services for the buying, selling, and trading of used and new industrial and heavy equipment. Our Services include, but are not limited to:
EZ Trade Machinery LLC reserves the right, at its sole discretion, to modify, suspend, or permanently discontinue any aspect of the Services at any time, with or without notice, and without liability to any user or third party.
Access to and use of the Services is subject to the following eligibility requirements:
By accessing or using the Services, you represent and warrant that you satisfy all of the eligibility requirements listed above. EZ Trade Machinery LLC reserves the right to verify eligibility and to deny access to any user who fails to meet these requirements.
Certain features of the Services may require you to register for a user account. By creating an account, you agree to the following:
EZ Trade Machinery LLC reserves the right to suspend, disable, or permanently terminate any user account at its sole discretion, without notice and without liability, including in circumstances where it believes a user has violated these Terms or applicable law.
EZ Trade Machinery LLC operates as a marketplace facilitator and is not a direct party to transactions between buyers and sellers unless otherwise expressly stated in a separate written agreement. The following terms govern all listings and transactions on the platform:
Heavy machinery and industrial equipment are inherently complex and potentially dangerous. Unless otherwise expressly stated in a separate written agreement signed by an authorized representative of EZ Trade Machinery LLC:
The following payment terms apply to all fee-based services offered by EZ Trade Machinery LLC:
EZ Trade Machinery is an online marketplace that connects buyers and sellers of heavy equipment.
All content available on or through the EZ Trade Machinery LLC website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of EZ Trade Machinery LLC or its content licensors. Such content is protected by U.S. and international copyright, trademark, trade dress, patent, and other applicable intellectual property laws.
You are expressly prohibited from reproducing, distributing, publicly displaying, publicly performing, modifying, creating derivative works from, or otherwise exploiting any content from the Services without the express prior written permission of EZ Trade Machinery LLC or the applicable rights holder.
By submitting, posting, or uploading any content (including equipment listings, photos, or descriptions) to the platform, you hereby grant EZ Trade Machinery LLC a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, display, and create derivative works of such content in connection with the operation and promotion of the Services. You represent and warrant that you own or have the necessary rights to all content you submit and that such content does not infringe the rights of any third party.
EZ Trade Machinery LLC respects the intellectual property rights of others. If you believe that content on the platform infringes your copyright, please send a written notice to our designated contact at support@eztrademachinery.com (subject line: “DMCA Notice”) or by mail to 14090 Southwest Freeway, Suite 300, Sugar Land, Texas 77478, including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location on the platform; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature. We will respond to valid notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) and may remove or disable access to the identified material and, in appropriate circumstances, terminate repeat infringers.
As a condition of your use of the Services, you expressly agree that you will NOT:
Violation of any of the foregoing may result in immediate termination of your access to the Services and may subject you to civil and/or criminal liability.
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 APPLICABLE LAW, EZ TRADE MACHINERY LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EZ TRADE MACHINERY LLC DOES NOT WARRANT THAT: (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS; OR (iii) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
EZ TRADE MACHINERY LLC MAKES NO WARRANTY THAT THE SERVICES OR ANY CONTENT THEREON WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EZ TRADE MACHINERY LLC OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EZ TRADE MACHINERY LLC, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND.
THIS LIMITATION INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
IN NO EVENT SHALL EZ TRADE MACHINERY LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO EZ TRADE MACHINERY LLC IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF EZ TRADE MACHINERY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You agree to indemnify, defend, and hold harmless EZ Trade Machinery LLC and its affiliates, subsidiaries, officers, directors, members, managers, shareholders, employees, contractors, agents, licensors, and successors (collectively, the “EZ Trade Machinery LLC Parties”) from and against any and all claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:
EZ Trade Machinery LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with EZ Trade Machinery LLC in asserting any available defenses.
These Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of law provisions or rules that would cause the application of the laws of any other jurisdiction.
Subject to the arbitration provisions in Section 17, any legal action, suit, or proceeding arising out of or relating to these Terms, the Services, or any transaction facilitated through the platform shall be brought exclusively in the state or federal courts of competent jurisdiction located in Fort Bend County, Texas. Both parties hereby irrevocably consent to the exclusive personal jurisdiction and venue of such courts for such purposes.
EZ Trade Machinery LLC operates in compliance with the Texas Deceptive Trade Practices–Consumer Protection Act, Tex. Bus. & Com. Code §§ 17.41–17.63 (the “DTPA”). Nothing contained in these Terms is intended to, nor shall it operate to, waive or limit any rights or remedies that consumers may be afforded under the DTPA or other applicable Texas law.
All transactions for the sale of goods facilitated through the EZ Trade Machinery LLC platform are subject to the applicable provisions of the Texas Uniform Commercial Code, Tex. Bus. & Com. Code Title 1, to the extent not superseded by these Terms or a separate written agreement between the parties.
EZ Trade Machinery LLC complies with applicable Texas data privacy laws, including but not limited to the Texas Data Privacy and Security Act (TDPSA), Tex. Bus. & Com. Code Chapter 541. For more information regarding the collection, use, and protection of your personal data, please refer to EZ Trade Machinery LLC's Privacy Policy.
The parties expressly agree that the law of the State of Texas, excluding its choice-of-law rules and conflict of laws principles, shall govern all matters arising under or in connection with these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules, rather than in court. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Unless otherwise mutually agreed upon in writing by both parties, arbitration proceedings shall be conducted in Fort Bend County, Texas. Where permitted by the applicable rules, either party may elect to participate by videoconference or telephone.
YOU AND EZ TRADE MACHINERY LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to participate in or bring a class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding with respect to any claim subject to these Terms.
Notwithstanding the foregoing, either party may elect, in lieu of arbitration, to bring an individual action in a small claims court of competent jurisdiction, provided the claim qualifies for small claims court and is pursued solely on an individual basis.
Nothing in this Section shall prevent either party from seeking injunctive relief, specific performance, or other equitable relief from a court of competent jurisdiction where such relief is necessary to prevent irreparable harm, protect intellectual property rights, or enforce obligations pending the outcome of arbitration.
The allocation of arbitration fees and costs shall be governed by the AAA's Commercial Arbitration Rules, unless the arbitrator determines that a different allocation is appropriate under the circumstances.
You may opt out of this arbitration agreement and class action waiver by sending written notice to EZ Trade Machinery LLC at 14090 Southwest Freeway, Suite 300, Sugar Land, Texas 77478, or by email to support@eztrademachinery.com (subject line: “Arbitration Opt-Out”), within thirty (30) days of the date you first accept these Terms. Your notice must include your name, address, account email, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.
The EZ Trade Machinery LLC website and Services may contain hyperlinks to third-party websites, platforms, or services that are not owned, operated, or controlled by EZ Trade Machinery LLC.
We encourage you to review the privacy policies and terms of service of any third-party sites you visit.
By using the Services, you consent to receive communications from us electronically, including by email, SMS (where you have opted in), and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any acceptance of these Terms or other agreements by electronic means (including clicking “I agree” or similar) constitutes a valid and binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Texas Uniform Electronic Transactions Act.
EZ Trade Machinery LLC reserves the right, at its sole discretion, to amend, modify, replace, or update these Terms & Conditions at any time. The following procedures apply to any such modifications:
If you do not agree to any modified Terms, you must immediately discontinue your use of the Services.
EZ Trade Machinery LLC reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your access to all or any part of the Services, at any time and for any reason or no reason, with or without notice, and without liability to you or any third party. Grounds for termination may include, without limitation:
Upon termination for any reason, all provisions of these Terms that by their nature are intended to survive termination shall continue in full force and effect, including without limitation the provisions relating to intellectual property ownership, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution.
EZ Trade Machinery LLC shall not be held liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay is caused by circumstances beyond its reasonable control. Such circumstances include, but are not limited to:
In the event of a force majeure occurrence, EZ Trade Machinery LLC will use commercially reasonable efforts to resume performance as soon as practicable and will notify affected users of the situation where feasible.
These Terms & Conditions, together with EZ Trade Machinery LLC's Privacy Policy and any other agreements, policies, or disclosures expressly incorporated herein by reference, constitute the entire and exclusive agreement between you and EZ Trade Machinery LLC with respect to your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, warranties, negotiations, and communications, whether written or oral, relating to the subject matter hereof.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.
The failure of EZ Trade Machinery LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it prevent EZ Trade Machinery LLC from enforcing such right or provision at a later time.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of EZ Trade Machinery LLC. EZ Trade Machinery LLC may freely assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
For legal notices required under these Terms, please direct correspondence to EZ Trade Machinery LLC, 14090 Southwest Freeway, Suite 300, Sugar Land, Texas 77478, and clearly mark the subject line or envelope as “Legal Notice – Terms & Conditions.” Notices to you may be provided by email to the address associated with your account or by posting on the Site.
Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.
If you have any questions, concerns, or inquiries regarding these Terms & Conditions, or if you wish to report a violation of these Terms, please contact us using the information below:
We endeavor to respond to all inquiries within a reasonable time.
EZ Trade Machinery LLC — Terms & Conditions — Last Updated August 3, 2026
© 2026 EZ Trade Machinery LLC. All Rights Reserved. | Governed by the Laws of the State of Texas.