Website Terms & Conditions Of Use
IMPORTANT NOTICE: THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
User Agreement: These Terms and Conditions of Use (the "Terms and Conditions") govern your use of this Web site provided by Manitou Americas (“MAM"), including without limitation use of all services, content, data, images, information and other materials posted on or available through this Web site (collectively, the "Web site"). We maintain this Web site for your information, education and communication.
Unless otherwise indicated, you, the user (the "User") may download material displayed on this Web site for your non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or otherwise use the content of this Web site for public or commercial purposes, including any data, text, images, audio or video, without the prior written permission of MAM. Certain sections of this Web site may contain additional restrictions as to use or access.
You may print a copy of these Terms and Conditions using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Web site you agree to be bound by future revisions. It is your responsibility to periodically visit the "Terms and Conditions" link on the Web site to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Web Site Use: The User agrees to use this Web site as permitted by applicable local, state and federal laws. The User also agrees not to: 1) knowingly and without authorization, alter, damage or destroy MAM’s or another user's computer system, network, software, Web site, program, documentation or data contained therein; 2) use this Web site to conduct or attempt to conduct any business or activity or solicit any activity that is prohibited by law. Any action by the User that results in the blocking of access to this Web site by other users or MAM will be deemed an unauthorized use. You may not frame or utilize framing techniques to use, surround or enclose any portion of the Web site without MAM’s express written consent.
MAM reserves the right to terminate at its own discretion the User's use of this Web site or forbid the User from accessing this Web site in the future in the event of any abuse of the Web site or any unauthorized or forbidden use by the User.
Disclaimers: MAM may modify the content or format of this Web site or discontinue the operation of this Web site in its sole discretion and without advance notice. Every effort has been made by MAM to offer the most current, correct and clearly expressed information possible. Nevertheless, information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. MAM may make improvements and/or changes in the products described in this Web site at any time without notice.
In particular, MAM disclaims any responsibility for inadvertent errors and the accuracy of any news, financial information, data or other information that may be contained on MAM Web pages. MAM makes no warranties or representations of any kind regarding the quality, content, completeness, suitability, accuracy, adequacy, sequence or timeliness of the content found on this Web site.
Links to and from Mustang Brand Web Site: Mustang Brand Web pages may currently or in the future include links to Web sites that are controlled or operated by third parties. Any sites to which the Mustang Brand Web site is linked are not under MAM’s control. MAM assumes no responsibility or liability for any information, communications or materials at such sites. MAM does not intend any third-party links to be considered as referrals or endorsements of the linked entities or any products and/or services marketed by them. Each third-party Web site has its own policies. The User assumes sole responsibility for use of any third-party links.
Any Web site that is linked to the Mustang Brand Web site must comply with all applicable laws, along with the following guidelines. Unless specifically authorized by MAM in writing, a Web site that links to the Mustang Brand Web site:
- May link to, but not replicate, Mustang Brand content;
- May not create a browser or border environment around Mustang Brand content;
- May not imply that the Mustang Brand or MAM is endorsing it or its products;
- May not misrepresent its relationship with the Mustang Brand;
- May not present false information about Mustang Brand products or services;
- May not use the Mustang logo without prior written consent from MAM;
- May not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all ages.
MAM reserves the right, in its sole discretion, to terminate the right to link to the Mustang Brand Web site at any time.
Intellectual Property: MAM does not want to receive confidential or proprietary information through this Web site. Any information or material sent to MAM through this Web site will be deemed NOT to be confidential. By sending MAM any information or material through this Web site, you irrevocably grant MAM an unrestricted, royalty-free, perpetual, worldwide license to use, distribute, display, reproduce, modify and transmit those materials or information, and you also agree that MAM is free to use any ideas, concepts, know-how or techniques that you send for any purpose.
The User acknowledges that this Mustang Brand Web site contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies, or create derivative works of any portion of this Web site including the content therein, or engage in any other action that may violate the intellectual property rights of the Mustang Brand without the prior written consent of MAM.
This Web site contains a number of logos, graphics, trademarks, service marks and/or trade dress, which are registered or common law trademarks, service marks, and/or trade dress of MAM and Manitou B.F.S.A. Those trademarks followed by ® are registered trademarks in the United States; all others are common law trademarks in the United States.
Procedure for Making Claims of Copyright Infringement: In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), MAM is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Copyright Agent:
- Name: Jim Green
- Title: Vice President Human Resources, General Counsel and Corporate Secretary
- c/o: Manitou Americas
- Address: One Gehl Way, West Bend, WI 53095
- Telephone: 262-334-9461
- Facsimile: 262-334-6603
- Email: Legal@manitou-group.com
MAM respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Manitou Americas Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
No Warranties: THE WEB SITE AND ALL INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE." MAM DOES NOT WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ANY RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. MAM DOES NOT WARRANT THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Assumption of Risk: By using Mustang Brand Web pages for any purpose, the User assumes all risks associated with the use of this Web site. This risk includes but is not limited to any risk to the User's computer, software or data being damaged by any virus, software or other file that might be transmitted or activated by a Mustang Brand Web page or by the User's access to it. MAM SHALL IN NO CIRCUMSTANCE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST REVENUES, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR MISUSE OF THIS WEB SITE, OR FROM ANY INFORMATION, LACK OF INFORMATION, DOCUMENTS, SOFTWARE, SERVICES OR OTHER MATERIAL OBTAINED THROUGH ANY Mustang WEB PAGES. Mustang SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS ACTIONS, OMISSIONS OR CONTINGENCIES BEYOND ITS CONTROL, INCLUDING IN PROCURING, COMPILING, PROCURING, DISPLAYING OR DELIVERING THE INFORMATION, OR ARISING OUT OF ANY ERRORS, OMISSIONS OR INACCURACIES IN THE INFORMATION, REGARDLESS OF HOW CAUSED, OR ARISING OUT OF ANY USER'S DECISION, OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION OR LACK OF INFORMATION FURNISHED.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, WEB SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification: The User agrees to indemnify MAM, its officers, agents, employees and other personnel under its control against any and all liability, expenses, attorney fees and damages arising out of or relating to the use of this Web site in any way, including any claims alleging facts that if true would constitute a breach by the User of the Terms and Conditions.
Jurisdiction: The Terms and Conditions are governed by the laws of the State of Wisconsin in the United States of America. The User consents to the exclusive jurisdiction and venue of courts located in Wisconsin, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is not authorized in any jurisdiction that does not give effect to all provision of the Terms and Conditions. The User irrevocably waives any objection that he/she may have at any time to the venue of any suit, action or proceeding relating to the Terms and Conditions brought in any such court, and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum, and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.
Applicable Laws: MAM's performance of the Terms and Conditions is subject to existing laws and legal process and nothing contained herein is in derogation of Mustang Company's right to comply with law enforcement requests or requirements relating to any party's use of this Web site or information provided to or collected by MAM regarding such use.
Survival: If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
Entire Agreement: The Terms and Conditions constitute the entire agreement between the User and MAM regarding this Web site. The Terms and Conditions supersede all prior agreements between the User and MAM regarding this Web site.