EXTENDING YOUR REACH
1. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, organization, design, compilation, magnetic translation, digital conversion, and arrangement of such content, are owned by JLG or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of JLG or any third party.
The Service and the information contained in reference herein are for informational purposes only. You are hereby authorized to download information from this website for the sole purpose of viewing. Any other use or reproduction, copying, redistribution or publication by you of any such matters on JLG’s website, including any derivative works, is strictly prohibited without the express written consent of JLG. Requests for permission to reproduce any information contained on this Service should be addressed to E-Commerce Administrator, 13224 Fountainhead Plaza, Hagerstown, MD 21742 USA, email email@example.com.
Notwithstanding the above, JLG authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from JLG is prohibited.
2. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all JLG or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to JLG or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of JLG or any third party.
3. Modification of This Agreement
4. Links to Third-Party Services
JLG’s website contains links to other sites on the Internet. These sites are not under the control of JLG, and JLG is not responsible for the content, accuracy, legality or any other aspect of thecontent of such sites. The inclusion of any linked website on JLG’s website does not imply approval or endorsement of the linked website, or the products or services offered on the site, by JLG. JLG EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE THIRD PARTY WEBSITES AND THEIR CONTENT. If you decide to leave JLG’s website and access those third party websites, you do so at your own risk.
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from JLG. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute or communicate information or other material to or through the Service that:
(a) is copyrighted, unless you are the copyright owner;
(b) reveals trade secrets, unless you own them;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by JLG in its sole discretion;
(e) is sexually-explicit;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;
(b) delete or revise any material or other information of any other user or JLG;
(c) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
(f) use or attempt to use any engine, software, tool, agent or otherdevice or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search th Service other than the search engine and search agents available from JLG on the Service and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
(g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
(h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.
JLG also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
JLG does not guarantee continuous, uninterrupted or secure access to its website, and your access to and the operation of this website may be affected by numerous factors outside of JLG’s control. In addition, JLG does not represent or endorse the accuracy or reliability of any of the information contained in this website. While the information contained herein is believed to be accurate, it may include errors, inaccuracies or omissions. You hereby acknowledge that reliance upon any of the information contained herein shall be at your sole risk and JLG shall not be liable for any errors, inaccuracies or omissions contained herein.
THE INFORMATION CONTAINED HEREIN IS PROVIDED ON AN "AS IS" BASIS AND JLG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE INFORMATION CONTAINED HEREIN.
9. Limitation of Liability
In no event will JLG or its affiliates, or any party involved in creating, producing or delivering this Service, or on any website linked to this Service, be liable in any manner whatsoever for any direct, incidental, consequential, indirect, special or punitive damages OF ANY KIND, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JLG THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE. JLG EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE ANY INFORMATION POSTED ON THIS WEBSITE.
Upon a request by JLG, you agree to defend, indemnify and hold harmless JLG and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of information or material yousubmit to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.
11. Securities Laws
This website contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. These forward-looking statements may involve certain risks and uncertainties, which could cause actual results to differ materially, including cyclical demand, a consolidating customer base, product liability, availability of product components, the difficulty of integrating two business organizations and achieving potential business and operational synergies and other risks, as detailed in reports filed with the Securities and Exchange Commission by JLG. JLG’s website and the information contained herein does not constitute an offer or a solicitation of an offer for a sale of securities. None of the information contained in this website is intended to be, and shall not be deemed to be, incorporated into any of JLG’s securities related filings or documents. JLG disclaims any intention or obligation to update these forward-looking statements.
12. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, excluding its conflict of law rules. You and JLG expressly agree to submit to the exclusive jurisdiction and venue of the state or Federal courts in the Commonwealth of Pennsylvania, United States of America, in all disputes arising out of or relating to the use of this Service.
13. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and JLG and governs your use of this Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and JLG. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
14. No Waiver
The failure of JLG to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
15. No Professional Advice
Any information supplied by any employee or agent of JLG, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and JLG as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of JLG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by JLG with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
JLG reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without notice.
Date last modified: March 20, 2001
Copyright © 2001 JLG Industries, Inc., All rights reserved.