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.
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 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.
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:
Manager Digital Media
NACCO Materials Handling Group, Inc.
1400 Sullivan Drive
Greenville, NC 27834
Email:
inquiries@nmhg.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.
The HysterŽ and YaleŽ, designs, logos and related marks,
are registered trademarks or trademarks of NACCO
Materials Handling Group, Inc., or its subsidiaries or
affiliates, or other owners of such marks. All rights
reserved.
January 3, 2012
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