NOTICE: Please read these
Terms of Use in their entirety before using this website. Do not use
this website if you do not agree with these
terms. Use of this website signifies your agreement to comply with
these Terms of Use.
1. USE OF THIS WEBSITE
Hyster Company (“Hyster”) authorizes
you to view and download information from this website only in compliance
with these Terms
of Use. You must retain all copyright, trademark and other proprietary
notices present in the original information on this site and on any
copies of such information. You may not modify any information obtained
from this website in any way or reproduce or publicly display, transmit
or distribute or otherwise use such information for any commercial
purpose without the express written permission of Hyster. Any use of
the information on this website on any other website or networked
computer environment for any purpose is prohibited without the express
written permission of Hyster.
This website is designed to provide accurate and useful information
with regard to the subject matter covered at the time the data is loaded.
Changes may occur in the information presented and therefore, Hyster
makes no representation or warranty, express or implied, that the information
contained in this website is complete, accurate or uninterrupted and
shall not be responsible for any errors or omissions. Hyster reserves
the right to make changes without notice.
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2. DISCLAIMER OF WARRANTY
HYSTER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL
INFORMATION (INCLUDING
ANY SOFTWARE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. HYSTER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE INFORMATION DISPLAYED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL HYSTER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. THE INFORMATION ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. THE USER AGREES THAT USE OF THE WEBSITE IS AT THE USER’S
SOLE RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OR USE OF MATERIAL POSTED ON THE WEBSITE.
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3. INTELLECTUAL PROPERTY RIGHTS
(a) All intellectual property rights included in or
related to the website (including but not limited to copyrights, trademarks,
trade
dress and service marks), are owned or licensed by Hyster or its
parent or affiliate entities. Users acknowledge that all data developed
and/or collected by Hyster in connection with the operation of the
website shall be the exclusive property of Hyster. Users are prohibited
from reproducing, reverse engineering, transmitting, disassembling,
modifying or creating derivative works with respect to any contents
found on the website. Nothing on this website is to be construed
as granting, by implication, estoppel or otherwise, any license or
right to the use of intellectual property displayed on the website,
without the prior written permission of Hyster. Any rights not expressly
granted herein are reserved.
(b) All third party content published on the website is the property
of respective third party owners and may not be copied or distributed
in any way by Users for any commercial purposes.
(c) Hyster® and Yale® and/or other products of Hyster or its
parent or affiliates referenced herein are either trademarks or registered
trademarks of Hyster or its parent or affiliates. The names of actual
companies and other products mentioned herein may be the trademarks
of their respective owners.
(d) User shall comply with all applicable laws when accessing the website or using information published on the website.
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4. LINKS
Hyster may provide links to other websites on
the World Wide Web, which let the User leave Hyster’s site.
The linked sites are not under the control of Hyster and the User
acknowledges and agrees
that Hyster is not responsible for the availability, accuracy, relevance,
timeliness or completeness of such external sites. Hyster does not
endorse and is not liable for any content, advertising, products or
other materials on or available on such third party sites. Hyster expressly
disclaims any responsibility to filter any such content. The inclusion
of links to other items or places does not reflect either the value
of the information contained in such a link or its accuracy, and Hyster
does not endorse any views expressed or products or services offered
at a linked location.
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5. INTERACTIVE USAGE
Any information provided to Hyster or posted on the website shall
be provided and received by Hyster on a non-confidential basis. Hyster
shall be free to use such information on an unrestricted basis. Any
unauthorized or inappropriate material, as determined by Hyster, is
subject to removal by Hyster. No solicitations may be placed on Hyster's
website without the approval of Hyster. No person accessing the website
may place or create any offensive or disruptive materials. No User shall
post any information which infringes on the intellectual
property rights of a third party. In the event of such infringement,
User shall be liable for all damages associated with or arising out
of such infringement or arising from User's violation of these terms
and conditions and shall defend and indemnify Hyster from same.
Hyster reserves the right to discontinue User's access
to the website, or to discontinue or change the website at Hyster's
sole discretion.
User shall be responsible for appropriately safeguarding passwords
issued to User to access the website and shall be responsible for
all damages associated with unauthorized use of a password issued to
User by Hyster and shall defend and indemnify Hyster from any costs
or claims resulting from such unauthorized use.
In the event a User places an order with
Hyster through or using Hyster's website, the User agrees that any
order so placed shall
be the same
as a signed writing, created in the ordinary course of the sending
party's business, at or near the time of the events recorded and
transmitted by a person with knowledge of the events. When the
order is printed
from electronic records, such an order shall be considered an original
Document. The party placing the order shall not contest the validity
of the Document on the grounds that it fails to meet the common law
statute of frauds or the statute of frauds found in Section 2-201
of the Uniform Commercial Code, or other applicable law or statute,
that
it fails to meet the business records exception to the hearsay rule
or that it fails the best evidence rule because it is not an original
document.
When an order is transmitted by use of the website by a User pursuant
to a previously assigned User ID and Password, Hyster is authorized
by the User to ship products and invoice the User in accordance with
the terms and conditions, including but not limited to price, shipment
instructions, etc., previously established by User and Hyster.
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6. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable content.
You agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside. You recognize that this website is developed for
use within the United States and is not designed for use outside of
the United States.
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7. COPYRIGHT INFRINGEMENT NOTIFICATION
If you believe that any of the information posted to this website
infringes a copyright, trademark, patent or other right of another
party, please contact HYSTER at:
HYSTER COMPANY
1400 Sullivan Drive
Greenville, NC 27834
Attention: Marketing
|
are registered
trademarks of Hyster Company. ©2007 Hyster Company. All
rights reserved. The Hyster Company products included in this
site may be covered by U.S. Patent 6,684,148 and other patents
pending.