Contact Information:
1-877-432-6644
For sales: remarketingsales@Hyster-Yale.com
For returns: remarketing@Hyster-Yale.com
Date of Most Recent Update: May 1, 2024
PLEASE READ THIS PRIVACY NOTICE CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS NOTICE, AS SUPPLEMENTED OR MODIFIED FROM TIME TO TIME AS DISCUSSED BELOW.
We are committed to protecting customer privacy and safeguarding personal information.
This privacy notice (“Notice”) applies to your interaction with HYG Financial Services, Inc. or its affiliate (“Owner”) at the HYGFS Lease Quoter web site (https://hygfslq.com), electronic, online or mobile services (collectively, the “Site”) that display or link to this Notice. Owner may be referred to herein as “our”, “we” or “us”.
We have prepared this Notice to inform you (“you” or “User”) how we collect and use any personal information in connection with your use of the Site. For the purposes of this Notice, such personal information includes information obtained in connection with a business or commercial entity (“Business User”), from which a specific individual may be identified (“Personal Information”). Personal Information does not include information that is tied solely to a Business User and not to an individual. Personal Information also does not include aggregate or anonymous information that does not identify an individual or information that is publically available.
We do not use Personal Information for purposes other than as outlined in this Notice unless we have consent or are otherwise required or permitted to do so.
1.
What Information We Collect
We will only collect the Personal
Information we need for the purposes described in this Notice. We may collect
Personal Information about User such as:
We may also collect other non-personal information such as:
The Personal Information about User who may be a representative or principal of Business User may be collected directly from the User or may be collected from Business User. It is generally necessary for User or Business User to provide the Personal Information and other non-personal information described in this section, for the purposes outlined below, including providing services requested of Owner and complying with our legal or regulatory obligations or policy requirements. Failure to provide this information may result in Owner being unable to provide or continue to provide the Site or certain services available on the Site.
You are not required to accept “cookies” to use this Site, and may set your Internet browser to reject “cookies.” However, doing so may limit Site functionality. For example, cookies and other automatically collected device information may be used to store user settings, authenticate users, and protect against fraud. Owner does not use cross-device tracking to market any products or services to Business User or User.
2.
How We Use Personal Information
We may use the Personal Information we
collect for the following purposes:
We will not keep Personal Information longer than necessary to fulfill the purposes outlined in this Notice. We make reasonable efforts to avoid the retention of unnecessary or duplicative information.
3.
Consent and Choices
In some cases we ask for permission to
collect, use and disclose Personal Information in connection with the purposes
described in this Notice before we collect Personal Information. In some cases,
if we obtain Personal Information from Business User about their
representatives or principals, we may ask them to disclose the purposes for
which such Personal Information is requested and obtain consent from such
representatives and principals. We may rely on representations from Business
User that they have provided notice and obtained consent. However, we may
assume consent when Users provide their Personal Information directly to us
when registering to use the Site or in connection with a transaction or service
for purposes of completing that transaction or providing that service. In
limited situations, we may collect and use Personal Information without
consent. These include when we are legally required to disclose information,
for our protection (such as collection and fraud prevention) and to comply with
law, regulations or regulatory authority. An individual may withdraw consent,
subject to our right to continue to use Personal Information to fulfill our
contracts with the Business User, collect debts or as otherwise permitted or
required by law.
4.
When We Share Information
We will endeavor not to share Personal
Information for any purpose incompatible with the purposes listed above unless
it is authorized by the individual to whom it relates, or is necessary to
comply with a legal or regulatory obligation.
In order to carry out the purposes outlined in Section 2, Owner may disclose Personal Information to its direct or indirect subsidiaries, affiliates, incorporate, and unincorporated divisions of operating units (collectively, “Affiliates”) and may store your Personal Information outside the United States.
Owner may use Personal Information to provide a variety of products and services that may be offered by Affiliates. If you prefer that we not share your Personal Information with Affiliates, you may opt out of this disclosure by contacting us as referenced in Section 10, subject to our right to continue to disclose it as permitted by applicable law or to service existing relationships with our Business Users.
Owner may from time to time disclose Personal Information to third parties such as contractors, service providers, vendors, distributors, or business partners (collectively, “Trusted Third Parties”). These Trusted Third Parties may be located in the United States or other jurisdictions with different levels of data protection. We remain responsible for the Personal Information we disclose to Trusted Third Parties and take reasonable steps to require Trusted Third Parties to safeguard Personal Information.
There are also a limited number of additional circumstances in which we may share Personal Information with third parties such as:
Legal
Requirements:
Subject to applicable law, we may disclose
Personal Information if required or permitted by law or regulation or in the
good faith belief that such action is necessary to:
Business
Transfers, Combinations and Related Activities:
As we develop our business, we might sell,
buy, restructure or reorganize businesses or assets. In the event of any actual
or proposed sale, merger, reorganization, restructuring, dissolution or any
similar event involving our business or assets, Personal Information may be
shared with the relevant entity or may be part of the transferred assets. The
recipient will be obligated to manage the Personal Information it receives from
us in accordance with the Notice then in effect.
Personal Information disclosed to Trusted Third Parties is subject to the laws of those jurisdictions and may be available to governmental agencies or law enforcement in those jurisdictions.
Programs:
We
may from time to time enter into contracts with third parties for programs that
provide products and services to our Business User. Pursuant to your express consent, we may
disclose Personal Information about you to those third party program providers.
5.
Safeguarding and Managing Information
We take reasonable and appropriate measures
to keep Personal Information accurate, and up-to-date. In an effort to prevent the loss, misuse,
unauthorized access, disclosure, alteration or destruction of Personal
Information, Owner will take appropriate physical, organizational and technical
measures to protect Personal Information. We limit access to personal
information to those who have a business reason to know in order to perform
activities consistent with this Notice. We also contractually require service
providers to maintain strict security standards. Finally, no security measures
are perfect. Accordingly, we do not
guarantee or warrant the security of the information you provide to us.
6.
Requests for Access or Correction of Personal Information
Requests to access or correct any Personal
Information held about you must be submitted in writing to the address listed
in the User Inquiries at Section 10 below.
After we have verified your identity, we will endeavor to provide you
with the information you have requested within the time specified by local law
or within a reasonable period of time, and, where permitted by law, may charge
an appropriate fee to cover the costs of responding to the request. If the information about you is shown to be
inaccurate, we will endeavor to correct it as appropriate. If we decline to
provide the Personal Information held or to make the correction requested, we
will provide you with the reasons for declining the request.
7.
Children Under 13 Years of Age
This Site is not intended for persons under
13 years of age. We do not knowingly
solicit or collect Personal Information from, or knowingly market our products
or services to, children less than 13 years of age.
8.
Links to Other Sites
This Site may contain links to third party
web sites, including those operated by our Trusted Third Parties. Once you leave this Site, you are subject to
privacy notices (if any) for those other sites, which may be different from
ours. We are not responsible for the
content, security, or privacy practices employed by any other site.
9.
International Use
This Notice is provided in
accordance with applicable United States law. Access to the Site is intended
only for users located within the United States. OWNER MAKES NO REPRESENTATION
OR WARRANTY OF ANY KIND THAT USE OF THE SITE OUTSIDE OF THE UNITED STATES IS
LAWFUL OR PERMISSIBLE. Persons who access the Site from outside the United
States are responsible for compliance with local laws pertaining to the use of
the Site. By accessing the Site from outside the United States, you agree to be
subject to this Notice and waive all other privacy-related rights you may have.
10.
User Inquiries
Please direct all requests and any
questions regarding this Notice to
remarketing@Hyster-Yale.com
.
Your comments are valuable to us and we assure you that we will do our best to address them.
11.
Modifications
This Notice may be modified as a result of
amendments to the law or regulations or due to other reasons. We encourage you to visit this page
periodically to review our current Notice so that you will know what information
we gather and how we may use that information.
If we update this Notice, we will update the Notice with changes and
revise the “Date of most recent update” posted at the top of this Notice. Any updates to this Notice become effective
when we post the updates on the Site.
Your use of the Site following the update to the Notice means that you
accept the updated Notice.
Last Update: May 1, 2024
USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE USING THIS SITE.
The HYGFS Lease Quoter web site (the “Site”) is provided by HYG Financial Services, Inc. or its affiliate (“Owner”). Use of the Site is restricted to (i) Owner, (ii) Hyster-Yale Group, Inc. (“Hyster-Yale”), (iii) businesses with a vendor program relationship or a strategic alliance agreement with Owner (each, a “Dealer”) pursuant to which Owner has agreed to offer financing products to customers of Dealer to support the sale and distribution of equipment manufactured by Hyster-Yale or distributed by Dealer, and (iv) any authorized representative of any of the foregoing, (each, a “Representative”). The Site allows Owner, Hyster-Yale, Dealers, and the Representatives of each of the foregoing to electronically access certain data based on the records of Owner, including information regarding equipment financed by Owner, customers of the Owner that have been referred to Owner by such Dealer and/or Hyster-Yale, and lists of Owner’s inventory or returned equipment that are for sale by Owner. As used in these Terms of Use, the words “we,” “us,” and “our” refer to Owner.
1. ACCEPTANCE OF TERMS OF USE. These Terms of Use constitute a binding agreement among you (“you” or “User”) and Owner. By accessing and/or using the Site, you agree to accept and be bound by these Terms of Use as well as all other policies described in the Site, and expressly represent or warrant that you have been authorized as a Representative of Owner, Dealer or Hyster-Yale, as the case may be, to utilize the Site and to agree to these Terms of Use on behalf of such business. All instances in these Terms of Use of the phrase "you agree" or “you acknowledge” shall be understood to mean, "you, on your own behalf and on behalf of the business you represent, agree and acknowledge”. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.
2. SECURITY CREDENTIALS. Use of the Site is restricted to authorized Representatives of Owner, Hyster-Yale, and each Dealer. Representatives will be provided a user profile and/or selected a valid user ID, password, PIN, or other secure device or protocol required to use the Site (collectively referred to as “Security Credentials”). It is your responsibility to ensure that your Security Credentials are known to, and used only by you to access the Site in your capacity as a Representative of Owner, Hyster-Yale or your Dealer. Your Security Credentials should never be shared with anyone outside of your organization or within your organization to an individual that is not a Representative. You will be solely responsible for all actions taken through the use of your Security Credentials, and Owner, Hyster-Yale and each Dealer shall be responsible for the conduct of their respective Representatives on this Site. You will immediately notify Owner if you become aware of any unauthorized access to or use of your Security Credentials and/or the Site, or if your Security Credential is lost or stolen. Owner may require you to change your Security Credential periodically and may also require the use of additional security protocols to access the Site.
3. SITE SECURITY PROCEDURES. In using the Site you will be receiving information directly from Owner through the Internet. You acknowledge that when the Internet, or any other electronic communications facilities, is used to transmit or receive information the information may be accessed by unauthorized third parties. To reduce the likelihood of such third party access, you agree to receive information through the Site using only software, including, but not limited to, browser software, or other access devices that support the Secure Socket Layer (SSL) protocol (or other protocols required by or acceptable to Owner), and to follow the procedures that support such protocols.
4. CHANGES TO TERMS OF USE. These Terms of Use may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, you may not use the Site or download information or materials from it.
5. RESTRICTING OR TERMINATING ACCESS TO THE SITE. Owner may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any and/or all features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Owner may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Additionally, Owner may terminate these Terms of Use or your access to the Site in its sole discretion, with or without notice, at any time, including, without limitation, in the event you have violated any provision of these Terms of Use. Owner will have no liability to you for any losses or damages you may suffer or incur as a result of (i) any termination of these Terms of Use or (ii) inability to access any portion of the Site or the entire Site.
6. USER CONDUCT. You agree that you will not:
A. Interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Owner reserves the right to release all relevant details to law enforcement and/or system administrators at other websites in order to assist them in resolving security incidents. Additionally, Owner reserves the right to report your conduct to Hyster-Yale and/or the Dealer.
B. Disrupt or interfere with any other person's use of the Site or affiliated or linked sites.
C. Attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
D. Use or attempt to use another's account, service, or system without authorization from Owner, or create or use a false identity on the Site.
E. Post or otherwise disseminate on or through the Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene, or otherwise unlawful communications or materials of any kind, or materials that infringe or violate any third party's copyright, trademark, trade secrets, privacy, or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
F. Use any robot, spider, or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site.
G. Allow access to or use of the Site or any component thereof by or for the benefit of any third parties or in furtherance of any unlawful purpose.
H. Upload, post, or otherwise transmit through or on this Site or to Owner's computer systems any computer virus, worm, time bomb, or other harmful, disruptive or destructive files or programming routines.
I. Transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings, provided however, that you may utilize the Site to forward information related to inventory of the Owner to third parties with whom you have a pre-existing relationship.
J. Link to the Site from third-party websites, except to the home page of the Site in a manner that displays the home page full-screen in a fully operable and navigable browser window (i.e., not within a “frame” on the linked website).
K. Incorporate into another Site or other service any intellectual property of Owner or its licensors.
L. Create the appearance, by linking or otherwise, that User or any third party is associated with or sponsored by Owner.
In addition, you agree that you are responsible for actions and communications undertaken or transmitted under your account and that you will comply with all applicable local, state, national, and international laws and regulations that relate to the use of or activities on this Site.
7. CONFIDENTIALITY OF INFORMATION PROVIDED ON THE SITE; PRIVACY.
(a) Owner-Provided Information. The information provided on the Site is confidential and proprietary to and the sole property of Owner and may not by disseminated by you without the prior written consent of Owner, other than is expressly permitted by the Site. You acknowledge that any actual or threatened violation of this Confidentiality provision may cause irreparable, non-monetary injury to Owner, the extent of which may be difficult to ascertain, and therefore agree that Owner shall be entitled to injunctive relief in addition to all other remedies available at law and/or in equity. Owner's privacy policy (the “Privacy Notice”) , incorporated by this reference, describes the type of information Owner collects when you visit the Site and how Owner uses that information. Please refer to the Privacy Notice for more information.
(b) User-Provided Information.
i. No Right of Privacy or Confidentiality. In order to ensure compliance with these Terms of Use and applicable law, Owner has the ability and right to access all information and content submitted, transmitted or posted on the Site by any and all users. Consequently, no user should have any expectation that such information or content is subject to any right or privilege of privacy or confidentiality. Owner reserves the right at all times to fully cooperate with any law enforcement authorities, or comply with any court order or subpoena requesting or directing Owner to disclose any information concerning a user or registered user of the Site. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS OWNER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OWNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OWNER OR LAW ENFORCEMENT AUTHORITIES. Furthermore, Owner reserves the right at all times to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Owner’s sole discretion are objectionable or in violation of these Terms of Use.
ii. Limited License. Other than materials related to inspection reports on equipment provided by you, Owner does not claim ownership of the materials you may provide to Owner (including comments, feedback and suggestions). However, by uploading files, inputting information or otherwise communicating on, to or through the Site, you hereby grant to Owner a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable (with right to grant sublicenses through multiple sublicenses) license to use, copy, adapt, distribute, display, reproduce, transmit, modify and edit such materials, in all media now known or hereafter developed, on the Site and otherwise in accordance with the procedures outlined on the Site (including the Privacy Notice).
8. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS.
A. Ownership. Owner (or its licensors, as applicable) retains all rights, title and interest, including, without limitation, all rights of copyright, patent, trademark, trade secret, and any other equivalent rights under applicable law, and all registrations, applications, renewals, extensions, continuations, divisions, reissues, or improvements thereof relating to the foregoing rights (together, “Intellectual Property Rights”), in and to all: (1) [COPYRIGHTS] in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, and all works of authorship, of any kind or medium, including written, pictorial or graphic materials and computer software, code, and other program materials (“Software”); (2) [PATENTS] inventions, discoveries, ideas, and know-how relating to any process, business method, machine, manufacture or composition of matter; and (3) [TRADEMARKS] registered and unregistered trademarks, trade names, service marks, and logos (collectively, “Property”), posted, disclosed or otherwise made available by Owner on the Site (“Owner Property”). Except as expressly provided in these Terms of Use, you shall not acquire any rights whatsoever in any Owner Property.
B. Confidentiality of Owner Property. All Owner Property posted on or used by Owner in the operation of the restricted areas of Site is confidential to Owner. Except as expressly provided in these Terms of Use, you may not use or disclose any such Owner Property except to the extent necessary to facilitate your use of the Site in accordance with these Terms of Use.
C. Limited License. Subject to other restrictions in these Terms of Use, Owner grants you a non-exclusive, non-transferable, terminable, limited right to access, view and display the Site and the visible text, graphics, and images thereon, and to print and download certain items or pages posted on the Site solely in connection with you and your employer’s internal business purposes. You agree to reproduce all copyright and other proprietary notices on all such copies in the same manner and format that such copyright and other proprietary notices are included on the original Owner Property posted on the Site.
D. Prohibitions. (i) The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Owner's prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Owner, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other Internet, Intranet, or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content of this Site is strictly prohibited. (ii) Trademarks of Owner and its affiliates may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Owner or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners. (iii) Owner's products and processes may be covered by one or more patents and are subject to other trade secret and proprietary rights. Owner reserves all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Owner’s products or processes. (iv) Any Software, including any files, images generated by the software, code, and data accompanying the Software, used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Owner. Owner retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
9. USE OF YOUR INFORMATION. By accessing and using the Site you understand and agree that Owner may collect and retain certain information. The type of information Owner may collect, retain and use includes, but is not limited to, your name, address, phone number, email address, and the IP address of the computer(s) and device(s) you use to access the Site. Additionally, Owner may collect and retain information related to your usage of the site, including tracking your sign-ins, your time and activity on the Site, including page views, click-throughs, and any e-mails sent to third parties through the e-mail functionality. Any and all of this information may be shared with Hyster-Yale, Dealers or other Representatives, at Owner’s sole and complete discretion. The information may be stored in the United States or other countries, and is protected in accordance with Owner information security standards. You agree that Owner may send you email messages to the email address you have provided to us. If you have provided us with a phone number, you agree that Owner may contact you at the phone number you have provided. By using the Site you acknowledge and agree that Owner may place cookies on the computer(s) or device(s) you use to access the Site. Cookies help us confirm your identity and help us keep your transactions secure. We also use cookies for various purposes such as maintaining continuity during an online session, gathering data about your use of the Site, or optimizing the performance of the Site. If you do not agree with how we may use your information, you may revoke your consent at any time by discontinuing your use of the Site and notifying Owner.
10. OWNER PRODUCT AND SERVICE INFORMATION; LIMITATIONS. All content available through this Site, including data, quotes, status reports, equipment pricing, and all other information is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Owner reserves the right to make changes without notice to processing, materials, or configuration. All information on the Site is subject to the disclaimers of Section 14 below. Owner does not review, check or verify the accuracy or completeness, and is not responsible for the content of, any information and images submitted to, imported and posted on the Site by any other User. Owner has made what it believes to be a reasonable effort to guard the security of this Site's server. However, the Internet is generally accessible to the public, and any information available on the Internet, including any information you supply on this Site, may be accessible by unintended third parties. Your use of this Site and disclosure of personal or other information at this Site, on or through any server, are strictly at your own risk.
11. RELATIONSHIP OF THE PARTIES. You acknowledge that by using the Site, no confidential, fiduciary, contractually implied, or other relationship is created between you and Owner other than the express contractual relationship provided in the Terms of Use and any other written agreement you may enter into with Owner.
12. THIRD PARTY SITES. (A) This Site may from time to time contain links to other Web sites or other Internet information sources (“Third Party Sources”). These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by Owner of -- or responsibility for -- the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources. Owner makes no representation or warranty, and takes no responsibility, for the accuracy, content, or any other aspect of these sites and disclaims any liability to you in connection with such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You agree that neither Owner nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. (B) All links to this Site must be approved in writing by Owner, except that Owner consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link “points” only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Web site, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Owner or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Owner or its affiliates. Owner reserves the right to revoke this consent to link at any time in its sole discretion.
13. TELECOMMUNICATIONS EQUIPMENT AND CHARGES. You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Owner shall not be responsible for any communications line failure, equipment, or systems failure or other occurrence.
14. DISCLAIMER OF WARRANTIES. Owner is not your advisor or fiduciary with respect to these Terms of Use. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF AS TO THE AVAILABILITY OF THE SITE, OR THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INFORMATION PROVIDED ON THE SITE, AND FURTHER DOES NOT MAKE ANY OTHER WARRANTY, PROMISE, COMMITMENT, GUARANTEE, OR REPRESENTATION. THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. THE INFORMATION PROVIDED ON THE SITE MAY BE UPDATED, ADJUSTED OR REFRESHED PERIODICALLY.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT OWNER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OWNER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. ANY PRICING OR AVAILABILITY INFORMATION WITH RESPECT TO INVENTORY FOR SALE SHALL NOT CONSTITUTE AN OFFER FOR THE SALE OF SUCH INVENTORY, AND CANNOT, THEREFORE, BE ACCEPTED BY YOU.
OWNER DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
OWNER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OWNER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OWNER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT RESTRICTION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. NOTWITHSTANDING THE FOREGOING, IN THE EVENT WELLS FARGO IS FOUND TO BE LIABILE, OWNER’S LIABILITY TO ANY USER OR TO ANY THIRD PARTY IS LIMITED TO $100. WITHOUT LIMITING THE FOREGOING, WELLS FARGO, ITS TRUSTED THIRD PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE TO COMPANY OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF THE ELECTRONIC RECORDS SENT OR RECEIVED, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF COMPANY'S USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE. CERTAIN STATE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THE LIMITATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN OWNER AND USER. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
16. INDEMNITY. You agree to indemnify, hold harmless, and defend Owner and its respective directors, officers, employees and agents (each, an "Indemnitee") from and against any and all liabilities, damages, costs, losses and expenses, including settlement awards and reasonable costs and attorney's fees (for both in-house and outside counsel), incurred by an Indemnitee that arise out of your: (a) breach of these Terms of Use; (b) violation of any law; (c) infringement or misappropriation any third party's rights; or (d) use of, or inability to use, the Site or information posted on or made available through the Site. You also agree to indemnify, hold harmless, and defend from and against any and all liabilities, damages, costs, losses and expenses, including settlement awards and reasonable costs and attorney's fees (for both in-house and outside counsel), incurred by an Indemnitee that arise out of claims brought by persons or entities other than the parties to these Terms of Use arising from or related to your access to or use of the Site, including the information obtained through the Site.
17. COMPLIANCE WITH LAWS. You agree to comply with all laws, rules and regulations issued by any government, or any authority, department or agency thereof (“Laws”) of the United States or any other jurisdiction where you are using the Site that are applicable to your use of the Site, including, without limitation, Laws governing business practices, contract formation and interpretation, competition, export controls, and data privacy and protection.
18. GOVERNING LAW AND JURISDICTION. Regardless of the location from which you access the site, if you are domiciled in the United States of America, these Terms of Use, and any and all disputes arising out of these Terms of Use or your use of the Site, shall be governed by the internal laws of the State of New York, without regard to the principles of conflicts of law, and you hereby consent to the jurisdiction of and venue in the Supreme Court of the State of New York (New York County) and the United States District Court (S.D.N.Y.) for the adjudication of any such disputes, and will not assert as a defense lack of personal jurisdiction or inconvenient forum. Further, you hereby irrevocably waive, to the fullest extent permitted by law, any and all rights to trial by jury in any legal proceeding arising out of or relating to these Terms of Use or the transactions contemplated through the use of the Site.
19. INTERNATIONAL. This Site is controlled, operated and administered by Owner from its offices within the United States. Owner makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States, and your access to the Site from territories where its contents may be illegal is prohibited.
20.GENERAL PROVISIONS. These Terms of Use constitute the entire agreement among you and Owner relating to the use of the Site, and supersede all prior or contemporaneous agreements with respect to your access and use of the Site. You may not assign or transfer any rights or obligations under these Terms of Use, whether by operation of law, asset purchase, merger or other corporate reorganization, or any other method, without Owner’s prior written consent. Any cause of action you may have with respect to your use of the Site, the services, or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. Termination, suspension, or cancellation of these Terms of Use or your access to the Site will not affect any right or relief to which Owner may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Owner and its licensors. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of these Terms of Use. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party. You agree that these Terms of Use will not be construed against Owner by virtue of Owner having drafted them. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
