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TERMS OF USE

Please read carefully the following terms and conditions. "We," "us," and "our" refers to Hendrickson USA, L.L.C. ("Hendrickson") including, but not limited to, its officers, boards, employees, members, and subcontractors and to past, present, and future iterations of the organization. "You" and "your" refers to each visitor to this Website (including mobile Websites), applications, or other services on which these terms appear (collectively, the "Hendrickson Property").

This is a legal agreement between you and Hendrickson (the "Agreement"). By using the Hendrickson Property, you are agreeing to be bound and abide by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Hendrickson Property.

CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this Agreement at any time, without prior notice. Your use of the Hendrickson Property following any such changes constitutes your agreement to follow and be bound by the terms and conditions as changed. You are responsible for periodically reviewing this Agreement for applicable changes. Hendrickson may, in its sole discretion, and at any time, discontinue this Hendrickson Property or any part thereof, with or without notice, or may prevent your use of this Hendrickson Property with or without notice to you. You agree that you do not have any rights in this Hendrickson Property and that Hendrickson will have no liability to you if this Hendrickson Property is discontinued or your ability to access the Hendrickson Property or any content you may have posted on the Hendrickson Property is terminated.

We have developed this Hendrickson Property to provide sales and distribution information on Hendrickson products to our customers

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, audio clips, and other materials that appear as part of the Hendrickson Property (collectively, the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual property rights and licenses held by us, one of our affiliates, or by third parties who have licensed their materials to us. The entire Contents of the Hendrickson Property are copyrighted as a collective work under U.S. copyright laws and other applicable copyright laws.

The Contents of the Hendrickson Property, and the site as a whole, are intended solely for personal, noncommercial use by the users of our Hendrickson Property. You may download, print, and store the Contents and downloadable materials displayed on the Hendrickson Property for your internal business use only. No right, title, or interest in any downloadable materials or software is transferred to you as a result of any such downloading or copying. We reserve complete title and full intellectual property rights in any Content you download from the Hendrickson Property. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in or exploit in any way, in whole or in part, any of the Contents, the Hendrickson Property, or any related software.

SUBMISSIONS

The following requirements apply to your use of the Hendrickson Property: (a) you will not use any electronic communication feature of the Hendrickson Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Hendrickson Property for any commercial transactions that are unrelated to the purposes for which the Hendrickson Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the Hendrickson Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Hendrickson; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Hendrickson, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Hendrickson Property, or feature of the Hendrickson Property. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Hendrickson Property or features therein. Hendrickson may cancel your account and delete all User Content associated with your account at any time, and without notice, if Hendrickson deems that you have violated these terms, the law, or for any other reason. Hendrickson assumes no liability for any information removed from our Hendrickson Property, and reserves the right to permanently restrict access to the Hendrickson Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Hendrickson Property, you hereby grant to Hendrickson a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Hendrickson Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Hendrickson or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) Hendrickson receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Hendrickson's review of the Ideas is not an admission of novelty, priority or originality; and (b) Hendrickson's use of any similar Ideas, whether based on your User Content, provided to Hendrickson by third parties, or independently developed or considered by Hendrickson, shall be without obligation to you.

LINKS

Through the Hendrickson Property, you may be able to access links to other websites. Because we have no control over other such sites, you acknowledge and agree that we are not responsible for, and have no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally identifiable information by such sites, or for the information, products, content, or other materials on or available from such sites or resources. If you would like information on any other site's privacy policy, you should contact that party directly.

NO WARRANTY

YOUR USE OF THE HENDRICKSON PROPERTY IS AT YOUR OWN RISK. THE FEATURES PROVIDED AND THE INFORMATION CONTAINED ON THE HENDRICKSON PROPERTY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‑INFRINGEMENT. FURTHERMORE, WE MAKE NO WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE HENDRICKSON PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY AS TO THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION OR COMMUNICATION OBTAINED THROUGH USE OF THE HENDRICKSON PROPERTY AND SHALL NOT BE LEGALLY RESPONSIBLE FOR: (A) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY SUCH INFORMATION; (B) ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY INFORMATION RELATED TO THE HENDRICKSON PROPERTY; (C) LOSSES OR DAMAGES ARISING FROM THE USE OF THE INFORMATION OBTAINED THROUGH USE OF THE HENDRICKSON PROPERTY; OR (D) ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE HENDRICKSON PROPERTY OR OF YOUR ABILITY TO ACCESS IT.

WE ALSO DISCLAIM ANY WARRANTY THAT (A) OUR HENDRICKSON PROPERTY WILL MEET YOUR REQUIREMENTS; (B) OUR HENDRICKSON PROPERTY'S OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OUR HENDRICKSON PROPERTY WILL MEET YOUR EXPECTATIONS.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR DAMAGE OR LOSS ARISING FROM ACCESS OF THE DATA STORED OR COMMUNICATED THROUGH THE HENDRICKSON PROPERTY BY THIRD PARTIES THROUGH ILLEGAL OR ILLICIT MEANS, INCLUDING, BUT NOT LIMITED TO, SITUATIONS WHERE SUCH DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY GAPS, WEAKNESSES, OR FLAWS (WHETHER KNOWN OR UNKNOWN TO US AT THE TIME) THAT MAY EXIST IN THE HENDRICKSON PROPERTY.

WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGE OR LOSS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, THAT YOU MAY INCUR IN CONNECTION WITH THE HENDRICKSON PROPERTY, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE HENDRICKSON PROPERTY; (B) ANY OTHER MATTER RELATING TO THE HENDRICKSON PROPERTY; (C) YOUR DOWNLOADING ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS THROUGH THE HENDRICKSON PROPERTY; OR (D) ANY CLAIM OR CAUSE OF ACTION BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any and all claims, demands, losses, and expenses, including penalties, interest, and attorneys' fees incurred by us in connection with your breach of this Agreement or use of the Hendrickson Property, including, but not limited to, your violation or infringement of copyrights, trademarks, or any other proprietary rights.

TERM

The term of this Agreement shall commence upon your acceptance of the terms and conditions of this Agreement and shall remain effective until terminated by you or Hendrickson. You may terminate this Agreement at anytime, provided that you discontinue any further use of the Hendrickson Property. We may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Hendrickson Property, if in our sole discretion we determine that you have failed to comply with any term or provision of this Agreement. Upon termination of this Agreement by you or Hendrickson, you must promptly destroy all materials downloaded or otherwise obtained from the Hendrickson Property, as well as all copies of such materials, whether made under the terms and conditions or otherwise.

In the event we believe that you have failed to comply with all terms and conditions applicable to your use of our Hendrickson Property, you agree that we have the right, in our sole discretion and without notice, to terminate your ability to conduct any or all transactions at any time without notice and without liability. You agree that you do not have any rights in our Hendrickson Property and that we will have no liability to you if our Hendrickson Property is discontinued or your ability to access our Hendrickson Property is terminated.

MISCELLANEOUS

 

You agree that this Agreement is the complete and exclusive statement of the mutual understanding between the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. If any provisions of this Agreement are found void, invalid, or unenforceable, the remaining provisions will remain valid and enforceable. If Hendrickson fails to act with respect to your breach or anyone else's breach on any occasion, Hendrickson is not waiving its right to act with respect to future or similar breaches. This Agreement is governed by and construed under the laws of the State of Illinois. You and Hendrickson agree to submit to the exclusive jurisdiction of, and venue in, the court of Illinois in any dispute relating to this Agreement.

This Hendrickson Property may have visitors from various states in the United States and other countries. It may contain references or cross-references to Hendrickson products, programs and services that are not available in your jurisdiction. These references do not mean that Hendrickson will make such products, programs or services available to residents in your state. Our website is not intended as a solicitation to you if you live in a state where we are not allowed to do business.