THE WEBSITE (S) ARE PROVIDED BY HMS ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF THE WEBSITE (S) OR THE RESULTS OF THE USE OF THE WEBSITE (S), WHETHER AS TO CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. HMS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEBSITE (S). HMS ALSO DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THE WEBSITE (S), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT. CERTAIN JURISDICTIONS DISALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN THOSE JURISDICTIONS.
TO THE FULLEST PERMITTED BY APPLICABLE LAW, HMS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, HMS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF REVENUE, ARISING OUT OF OR RELATED TO THE WEBSITE (S) OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF HMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DISALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE THE ABOVE REFERENCED EXCLUSION IS INAPPLICABLE IN THOSE JURISDICTIONS.
USER AGREES TO INDEMNIFY AND HOLD HMS AND ITS PARENT, COMPANIES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE “INDEMNITEES”) HARMLESS FROM ANY ALL CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USER’S USE OF THE WEBSITE (S), THE VIOLATION OF THIS AGREEMENT OR INFRINGEMENT BY THE USER OR ANY OTHER USER OF THE WEBSITE (S) THROUGH THE USER’S COMPUTER, OR THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY BY THE USER OR ANY OTHER USER OF THE WEBSITE (S) THROUGH THE USER’S COMPUTER.
HMS reserves the right, in its sole discretion, to modify or discontinue any or all of the website (s) without notice to the User, and HMS shall not be liable to the User or to any third party should HMS should exercise this right. The User acknowledges and accepts that HMS guarantee continuous, uninterrupted or secure access to the website (s) and that the operation of the website (s) may be interfered with or adversely affected by numerous factors
or circumstances beyond the control of HMS.
Product specifications and other information on the website (s) have either been provided by the Vendors or collected from publicly available sources. While HMS makes every reasonable effort to determine that the information on the website (s) is accurate, HMS can make no representations or warranties as to the accuracy or reliability of any information provided on the website (s).
HMS makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the website (s) in any way that violates applicable state, national or international law or, regulation.
9. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on the website (s), including website design, text, graphics, interfaces and the selection and arrangements thereof is © 2009 by Hino Motors Sales U.S.A., Inc. (“HMS”) or by Hino Motors Ltd. of Japan (“HML”), with all rights reserved, or is the property of Hino Motors Limited. and/or third parties and are protected by intellectual property rights. Any use of materials on the website (s), including reproduction for purposes other than those noted above, modification, distribution or replication, as well as any form of data extraction, data mining or commercial exploitation of any kind, without prior written permission of an authorized officer of Hino Motors Sales U.S.A., Inc. or Hino Motors Limited., as applicable, is strictly prohibited. Users agrees that he/she will not use any “robot”, “spider” or other automatic device or manual process to monitor or copy any web page or the content contained therein without prior written permission of an authorized officer of Hino Motors Sales U.S.A., Inc. or Hino Motors Ltd., as applicable.
10. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Hino Motors Sales U.S.A., Inc. designates the following entity as its agent for receipt of notifications of claimed copyright infringement.
c/o The Corporation Company 30600 Telegraph Road Suite 3275 Bingham Farms, MI 48025
Hino Motors Sales U.S.A., Inc. appreciates your interest in our products and website (s). Your privacy is important to us, and we want you to feel comfortable viewing our website (s) and providing information to us, as applicable. Please note that this privacy statement may be modified periodically without prior notice; as such, we encourage you to review it periodically.
Any personal information you may choose to share with us on a website may be used for marketing research or other marketing and service related purposes, such as updates and customer satisfaction. This information will not be disclosed to anyone outside of HMS or its subsidiaries, affiliates or licensed dealers unless required by law. We do not exchange or sell your personal information to any other company.
We may collect anonymous data about every visit to our website (s) by tracking Internet Protocol (IP) addresses. IP addresses are not linked to any personal information associated to the individual User. The information is used to improve our website and make your access to our website (s) more convenient and efficient.
Like many other websites, HMS may use “cookies” to allow us to better serve your interests. “Cookies” are small files placed on your hard drive that assist us in site traffic monitoring. HMS does not link cookies to any personally identifiable information.
HMS uses e-mail links throughout its website so that you can contact us with your questions or concerns. We will read every message and try to respond promptly. We may save your e-mail comments to improve our website (s) and programs.