Terms of Use Agreement & Privacy Policy Statement
Please Read The Terms of Use Agreement & Privacy Policy Before Accessing this or any of the Associated Websites.
Effective Date: The Terms of Use Agreement & Privacy Policy Statement was last updated on January 23, 2009.
This Terms of Use Agreement sets forth the terms and conditions for use of Hino Motors Sales U.S.A., Inc. (“HMS”) websites (including without limitation: hino.com, hinoadvantage.com, hinohonors.com, hinonet.net, hinoprospects.com, hinousedtrucks.com, et.al.) (Collectively referred to as the “websites”). By using these websites you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you are not authorized to access this website (and by extension, all of the Hino websites) and you should immediately cease all use of the website (s). HMS reserves the right, at any time and in its sole discretion, to modify, alter or update the terms and conditions of this Terms of Use Agreement without prior notice. Modifications shall become effective immediately upon being posted on the website (s). Your continued use of the website (s) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and all modifications made by HMS. Except as provided in this paragraph, this Terms of Use Agreement may not be modified, altered or amended in any manner.
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.
Our website (s) may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that HMS is not responsible for the availability of, or the content located on or through, any third-party website. You should contact the site administrator or webmasters for those third-party websites if you have any concerns regarding such links or the content located on such sites. Your use of those third party sites is subject to the terms of use and privacy policies of each such website, and HMS is not responsible therefor. HMS encourages all users to review said privacy policies of all third party sites.
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.
The website (s) are operated and provided in the State of Michigan. As such, we are subject to the laws of the State of Michigan and such laws will govern this Terms of Use, without giving effect to any choice of law rules. HMS makes no representation that the website (s) are appropriate, legal or available for use in other locations. Accordingly, if the User chooses to access the website (s), the User agrees to do so subject to the internal laws of the State Michigan.
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
If any provision of this Terms of Use Agreement are determined by a court of competent jurisdiction to be unlawful, void or unenforceable for any reason, the other provisions of this Term of Use Agreement (and any partially enforceable provisions) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The User agrees that this Terms of Use Agreement and any other agreements referenced in this Term of Use Agreement may be assigned by HMS, in its sole discretion, to a third party. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between the User and HMS relating to the User’s participation as a user of the website (s). The User agrees that, by using the website (s) and thereby accepting this Terms of Use Agreement, the User is consenting to the use and disclosure of the User’s personally identifiable information and other practices described in the Privacy Policy Statement of HMS.
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.
Please use the following e-mail address to contact us with any issues or concerns regarding the foregoing Terms of Use or Privacy Policy: support@hino.com