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NACCO Materials Handling Group, Inc.

Terms of Use

 

NOTICE: Please read these NACCO Materials Handling Group, Inc. ("NMHG") Terms of Use in their entirety before using this web site. Do not use this web site if you (sometimes referred to as "User" or "Users") do not agree with these Terms of Use. Use of this web site signifies your agreement to comply with these Terms of Use.

 

1.         Use of This Web Site

 

NMHG authorizes you to view and download information from this web site. 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 web site in any way or reproduce or publicly display, transmit or distribute such information without the express written permission of NMHG.

 

This web site 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 NMHG makes no representation or warranty, express or implied, that the information contained in this web site is complete, accurate or uninterrupted and shall not be responsible for any errors or omissions. NMHG reserves the right to make changes without notice. Since these Terms of Use may change periodically, please check back from time to time. For your information, the date of the last update to these Terms of Use is stated at the bottom of this document.

 

2.         Disclaimer of Warranty

 

NMHG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NMHG HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL NMHG BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL 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 WEB SITE.

 

THE USER AGREES THAT USE OF THE WEB SITE 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 WEB SITE.

 

3.  Intellectual Property Rights

 

All intellectual property rights included in or related to the web site (including but not limited to copyrights, trademarks, trade dress and service marks) are owned or licensed by NMHG or its subsidiaries or affiliates. Users acknowledge that all data developed and/or collected by NMHG in connection with the operation of the web site shall be the exclusive property of NMHG. Users are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the web site. Nothing on this web site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the web site, without the prior written permission of NMHG. Any rights not expressly granted herein are reserved.

 

All third party content published on this web site is the property of respective third party owners and may not be copied or distributed in any way by Users.

 

Hyster�, Yale�, Sumitomo-Yale� an>and Sumitomo� and/or other products of NMHG or its subsidiaries or filiates referenced herein are either trademarks or registered trademarks of NMHG or its subsidiaries or affiliates. The names of actual companies and other products mentioned on this site may be the trademarks of their respective owners.

 

Users shall comply with all applicable laws when accessing this web site or using information published on the web site.

 

4.  Links

 

NMHG may provide links to other web sites on the World Wide Web, including links to sites of NMHG subsidiaries, affiliates and authorized dealers which let the User leave NMHG's site. The linked sites are not under the control of NMHG and the User acknowledges and agrees that NMHG is not responsible for the availability of such external sites, and does not endorse and is not liable for any content, advertising, products or other materials on or available on such third party sites. NMHG expressly disclaims any responsibility to filter any such content.

 

5.  Interactive Usage

 

Except for personally identifiable information, which is governed by our Privacy Policy, any information provided to NMHG or posted on the web site shall be provided and received by NMHG on a non-confidential basis. NMHG shall be free to use such information on an unrestricted basis. Any unauthorized or inappropriate material, as determined by NMHG, is subject to removal by NMHG. No solicitations may be placed on NMHG's web site without the approval of NMHG. No person accessing the web site may place or create any offensive or disruptive materials. No User shall post any information that 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 NMHG from the same.

 

NMHG reserves the right to discontinue User's access to this web site, or to discontinue or change the web site at NMHG's sole discretion.

 

6.  International Usage

 

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.

 

NMHG or its service providers control and operates this web site from within the United States of America, and has designed this web site to comply with U.S. and State of Ohio law. This site has no obligation to comply with non-U.S. law.

 

The English language Terms of Use is NMHG's official agreement with Users of this web site. In case of any inconsistency between the English language Terms of Use and its translation into another language, if any, the English language document shall control.

 

7.  Copyright Infringement Notification

 

If you believe that any of the information posted to this web site infringes a copyright, trademark, patent or other right of another party, please contact NMHG at:

 

Director of Intellectual Property

NACCO Materials Handling Group, Inc.

4000 Blue Lake Road

Fairview, Oregon 97024

Tel: 503 721 6070

Fax: 503 721 6001

Email: infonmhg.com

 

8.  Governing Law and Jurisdiction

 

These Terms of Use and any disputes arising under or related to these Terms of Use or this web site will be governed by the laws of Ohio without reference to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts of Ohio located in the county in which NMHG does business.

 

� NACCO Materials Handling Group, Inc., 2011. The Hyster�, �, Sumitomo-Yaleand tomo� names, and designs, logos and related marks, are registered trademarks trademarks of NACCO Materials Handling Group, Inc., or its subsidiaries or affiliates, or other owners of such marks. All rights reserved.

 

June 1, 2011