TERMS OF USE
NOTICE: Please read these Terms of Use in their entirety before using this web
site. Do not use this web site if you do not agree with these Terms. Use of this
web site signifies your agreement to comply with these Terms of Use.
1. USE OF THIS WEB SITE
Yale Materials Handling Corporation (“Yale”) authorizes you to view and download
information from this web site 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 web site 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
Yale. Any use of the information on this web site on any other web site or
networked computer environment for any purpose is prohibited without the express
written permission of Yale.
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, Yale 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. Yale reserves the right to make changes without notice.
2. DISCLAIMER OF WARRANTY
YALE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL INFORMATION (INCLUDING ANY
SOFTWARE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YALE 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 YALE 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 WEB
SITE. THE INFORMATION ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
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
(a) 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 Yale or its parent or affiliate entities. Users
acknowledge that all data developed and/or collected by Yale in connection with
the operation of the web site shall be the exclusive property of Yale. Users are
prohibited from reproducing, reverse engineering, transmitting, disassembling,
modifying or creating derivative works with respect to any contents found on 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 Yale. Any rights not expressly granted herein are reserved.
(b) All third party content published on the web site 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) Yale® and/or other products of Yale or its parent or affiliates referenced
herein are either trademarks or registered trademarks of Yale 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 Web Site or
using information published on the Web Site.
4. LINKS
Yale may provide links to other web sites on the World Wide Web, which let the
User leave Yale’s site. The linked sites are not under the control of Yale and
the User acknowledges and agrees that Yale is not responsible for the
availability, accuracy, relevance, timeliness or completeness of such external
sites. Yale does not endorse and is not liable for any content, advertising,
products or other materials on or available on such third party sites. Yale
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 Yale does not endorse
any views expressed or products or services offered at a linked location.
5. INTERACTIVE USAGE
Any information provided to Yale or posted on the Web Site shall be provided and
received by Yale on a non-confidential basis. Yale shall be free to use such
information on an unrestricted basis. Any unauthorized or inappropriate
material, as determined by Yale, is subject to removal by Yale. No solicitations
may be placed on Yale's Web Site without the approval of Yale. No person
accessing the Web Site 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 Yale from the same.
Yale reserves the right to discontinue user's
access to the Web Site, or to discontinue or change the Web Site at Yale's sole
discretion. User shall be responsible for appropriately safe guarding passwords
issued to User to access the Web Site and shall be responsible for all damages
associated with unauthorized use of a password issued to user by Yale and shall
defend and indemnify Yale from any costs or claims resulting from such
unauthorized use.
In the event a User places an order with Yale through or using Yale's Web Site,
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 Web Site by a User pursuant to a previously assigned User ID and Password, Yale 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 Yale.
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 web site is developed for use within the United States and is not designed
for use outside of the United States.
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
YALE at:
YALE MATERIALS HANDLING CORPORATION
1400 Sullivan Drive
Greenville, NC 27834
Attention: Yale Webmaster
ayinfo@yale.com