MITSUBISHI CATERPILLAR FORKLIFT AMERICA INC.
MITSUBISHI CATERPILLAR FORKLIFT AMERICA INC. (“MCFA”) offers the Website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated herein. The term “MCFA” shall refer to and include Mitsubishi Caterpillar Forklift America Inc., and the following affiliates Rapidparts Inc., Daily Equipment Company Inc., Southern California Material Handling Inc., and FMS Equipment Rentals Inc. When used in these Terms and Conditions, wherever you have agreed to indemnify MCFA, or agreed that MCFA shall have no liability, the term “MCFA” shall include the foregoing companies and each of their respective directors, shareholders, officers, employees and agents. When used in these Terms and Conditions, the terms “we” and “our” refer to MCFA and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses the Website.
MCFA reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Use of this website signifies your agreement to comply with these Terms and Conditions, including any changes made by MCFA.
USE OF THE WEBSITE
As a condition to your continued use of the Website, you warrant to MCFA that you will access and use the Website solely in accordance with these Terms and Conditions, and you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You will strictly adhere to all laws, rules, regulations and MCFA policies applicable to the access and use of the Website, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MCFA OR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR (AND YOU HEREBY RELEASE THE FOREGOING FROM ANY LIABILITY FOR) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO MCFA OR ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, VOLUNTEERS OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
You agree to defend, indemnify, and hold MCFA, its directors, shareholders, officers, affiliated companies, employees, volunteers, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website, or any content, product or service offered through the Website, in a manner that violates or is alleged to violate these Terms and Conditions. MCFA shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. No such claim may be settled by you without MCFA’s consent.
FEATURED LINKS AND ADVERTISEMENTS
The Website may contain hyperlinks to Websites offered by parties other than MCFA. Such hyperlinks are provided for your reference and convenience only. MCFA is not responsible for the privacy practices or the content of such Websites; nor does MCFA's inclusion of hyperlinks to such Websites imply any endorsement of the material on such Websites or any association with their operators, including any Websites that may indicate a special relationship or partnership with MCFA (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this Website, MCFA does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this Website, including any sponsors of all or part of this Website.
Linking to any page of the Website other than to http://www.mcfadealers.com through a plain text link is strictly prohibited without the prior written consent of MCFA; provided, however, in no event shall any website or other device that links to http://www.mcfadealers.com (a) replicate content, (b) use a browser or border environment around the content, (c) imply in any fashion that MCFA or any of its affiliates are endorsing it or its products, (d) misrepresent any state of facts, including its relationship with MCFA or any of its affiliates, or (e) present false information about MCFA products or services.
SOFTWARE AVAILABLE ON WEBSITE
Any software that is made available to download from this Website is the copyrighted work of MCFA and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, MCFA hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by MCFA in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.
Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of MCFA. Violation of this provision may result in severe civil and criminal penalties.
You acknowledge and agree that MCFA owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to MCFA’s Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in MCFA, including without limitation assigning (and you hereby assign) to MCFA all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to your revisions to the Website or its contents.
The Website includes certain hyperlinks to MCFA content to allow you to access pdf images of MCFA product and marketing materials. If you are an employee, agent, dealer, affiliate, licensee or other representative of MCFA, you are authorized by MCFA to download, reproduce and distribute such pdf images or portions thereof in order to carry out MCFA marketing or customer service or meet other MCFA business goals.
Except as noted above, you may make single copies of materials displayed on the Website for your own personal use only, provided any copies include the copyright and other notices displayed with the materials on the Website. Except as noted above, you may not copy, transmit, distribute, modify, publicly perform, reuse, sell or display any of the Website’s content for any public or commercial purpose except with the prior written consent of MCFA or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be directed to the Marketing Department, available at Marketing.email@example.com.
“MCFA,” “MITSUBISHI CATERPILLAR FORKLIFT AMERICA INC,” “TOWMOTOR®,” “MASTER PROTECTION®,” and “PROMATCH®,” are trademarks of MCFA and are protected by state and federal trademark laws. Other trademarks (including, but not limited to, “MITSUBISHI,” “CATERPILLAR,” “CAT LIFT TRUCKS®,” and “JUNGHEINRICH®”) appear on the Website with permission from their respective owners. You are not authorized to use any of these trademarks by your access to this Website. Please contact MCFA for any necessary consent. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.
TERMINATION OF PRIVILEGES
You agree that MCFA may terminate or suspend your access to the Website, immediately and without prior notice, in the event that MCFA reasonably believes that you have violated, attempted to violate or intend to violate any terms set forth in these Terms and Conditions. You further agree that MCFA may terminate or suspend Your access to the Website, immediately and without prior notice, in the event that MCFA is required to do so under applicable law or order of a governmental authority. You agree and acknowledge that content uploaded to the Website, as well as data regarding you and/or your account stored on the Website, may be irretrievably lost or damaged as a result of such termination or suspension, or otherwise (including through ordinary use of the Website), and you agree to release and hold Us harmless from any damages or other liabilities arising as a result of the same. . If MCFA receives notice or otherwise discovers or reasonably believes that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, MCFA may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website. However, our failure to act with respect to a breach by you or others of the Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches.
Upon termination of your rights to access this Website, you will cease all use of the Website and the contents thereof, destroy all copies of the contents, and will not attempt to re-access the Website under a different name or address. The provision of the Terms and Conditions under the headings No Warranties, Exclusion of Liability, Indemnification, Import and Export Compliance, and Jurisdiction, shall survive any termination of your rights to access the Website and under these Terms and Conditions.
Use of the Website may be monitored, tracked, and recorded. Anyone using the Website expressly consents to such monitoring, tracking and recording. You agree that MCFA may use data generated from such monitoring, tracking and recording for statistical analysis of access and use trends, for the purpose of making improvements to the Website, and similar purposes, and may disclose such data in aggregate form as long as it does not identify you individually.
PASSWORDS AND ACCOUNT INFORMATION
If you establish a user account on the Website, you are solely responsible for all activity occurring under your account. The grant of right to access and use user account may not be shared by more than one individual user, or assigned to another user. Agree not to misuse of passwords, or misuse of any information posted to the Website. You agree to keep confidential all user ID information and passwords issued to you or established by you connection with the Website, and to use such user information and passwords only for lawful purposes. You agree and understand that you are responsible for maintaining the confidentiality of passwords and/or account information. If you become aware of any unauthorized use of your password or of your account, you agree to notify MCFA immediately.
MCFA will not tolerate copyright infringement of any kind. MCFA does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending MCFA notice that includes all of the following information:
Direct such notice to MCFA’s designated agent for receiving copyright infringement notices:
Mitsubishi Caterpillar Forklift America, Inc.
2121 W. Sam Houston Parkway N.
Houston, TX 77043
MCFA reserves the right to record dialogue in Community Forums. MCFA is not responsible for screening or monitoring material posted by you or any other person or entity. If notified by a user of communications that are alleged not to conform to these Terms and Conditions, MCFA may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. MCFA reserves the right to remove communications that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms and Conditions. MCFA reserves the right (but is not obligated) to delete any communications posted on the Website, regardless of whether such communications violate these Terms and Conditions.
Furthermore, MCFA reserves the right (but is not obligated) to monitor or disclose any type of posting on the Community Forums for adherence to these Terms and Conditions, if required in the course of normal operations and maintenance of the Website, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of MCFA or others; or (iii) act in an emergency to protect the personal safety of our users or the public. MCFA HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
If MCFA offers the option of private email messages between users through a Community Forum or elsewhere on its Website, MCFA may not be able to monitor the content of those communications from a technical standpoint, and does not plan to monitor those communications, so users should be particularly aware of the risks of inappropriate content. MCFA shall have no responsibility or liability for private email messages among users, or any consequences arising from such messages.
MCFA reserves the right to employ filters to automatically screen out postings or information which MCFA deem inappropriate based on search terms it has chosen to “flag” inappropriate content (which may include some personally identifiable information in MCFA’s discretion). MCFA does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users.
ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Any public or restricted Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the internet does not mean it is in the public domain. The vast majority of materials on the internet are protected by copyright and trademark laws. MCFA shall have the right, but not the obligation, to monitor any Community Forum areas of the Website to determine compliance with these Terms and Conditions and any other operating rules that may be established by MCFA from time to time.
By posting messages or other material in any Community Forum areas of the Website, you are granting to MCFA and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Through your use of the MCFA Community Forums, you are agreeing to all of the aforementioned terms and conditions for such Community Forums contained herein.
You agree to defend, indemnify and hold harmless MCFA and its directors, shareholders, officers, affiliated companies, employees, volunteers, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any Community Forums or use by others of any community forums with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
U.S. GOVERNMENT RIGHTS
The Sites and Content are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
IMPORT AND EXPORT COMPLIANCE
You may not use or otherwise export or re-export the Website or its contents except as authorized by United States law. In particular, but without limitation, the Website and its contents may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Website and its contents will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use the Website or its contents for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear weapons, missiles, or chemical or biological weapons.
Any notices or communications to you shall be in writing and shall be deemed delivered (1) on the delivery date if transmitted by electronic mail at the electronic mail address you have provided to MCFA; (2) on the posting date to a Website designated in advance by MCFA for this purpose; (3) on the delivery date if delivered personally to the party, or a representative of the party; (4) on the delivery date if transmitted by confirmed facsimile; (5) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or (6) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested.
The Website is controlled and operated by MCFA from its principal office in the State of Texas, United States of America. MCFA makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject MCFA, or any content providers to this Website, to the laws or jurisdiction of any state, country or territory other than the State of Texas and the United States of America.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue of the state courts and federal courts located within Harris County, Texas to resolve any claim or dispute arising out of or based upon the Website, or these Terms and Conditions, and you hereby appoint the Secretary of State of the State of Texas as your registered agent for service of process upon you.
You agree that you will not assert against MCFA any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms and Conditions that relates to, or asserts as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts on which any claims are based were known to you, or could, with the exercise of reasonable diligence, have been known to you.
If you have any questions about these Terms and Conditions, the practices of the Website, or your dealing with MCFA, you may contact us at:
Mitsubishi Caterpillar Forklift America, Inc.
2121 W. Sam Houston Parkway N.
Houston, TX 77043