WEBSITE TERMS AND CONDITIONS OF USE
Effective as of September 19, 2013
The Terms and Conditions of Use ("TCOU") apply to the websites located at http://www.allcrane.com; http://centralcrane.com; http://www.craneparts.com; http://dawescranes.com; http://allaerials.com; and http://altsales.com (collectively "Website"). By accessing the Website, you are agreeing to be bound by the TCOU. If you do not agree with any of these terms or conditions, you are prohibited from using or accessing the Website. The materials contained in this Website are protected by applicable copyright and trademark law.
1. USE LICENSE
The Website is provided by ALL Erection and Crane Rental Corp., on behalf of itself and its affiliates, (collectively "ALL Crane"), and these TCOU provide you with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website and any programs, services, tools, materials, or information made available through or from the Website conditioned on your continued compliance with the TCOU. The TCOU permit you to use and access the Website for personal or business purposes only from the Internet or through an on-line network. You may also print materials and information from the Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This is the grant of a license, not a transfer of title, and under this license you may NOT:
- modify or copy the materials contained on the Website;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or "mirror" the materials on any other server; or
- use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ALL Crane.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by ALL Crane at any time.
2. UNACCEPTABLE USE
By accessing or using the Website, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without ALL Crane's express written consent.
Your privacy is very important to us and we use various security safeguards to protect your personal information from loss or theft, unauthorized access, use, disclosure, copying or modification. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Website, you acknowledge, authorize, and agree that certain personal information may be used without restriction by ALL Crane to process an order, obtain a quote, process an information request, or otherwise as specified on the Website. Such personal information shall only be collected and utilized for the intended purpose by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Registration for an account on the Website is necessary for access to certain areas of the Website and may require both a user name and a password. Only one authorized user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Website and to your account. Accordingly, by using the Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another authorized user's user name and password. You will immediately notify ALL Crane if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. ALL Crane cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ALL Crane reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
While ALL Crane endeavors to provide reliable information and materials on the Website, the information and materials available on or through the Website are provided on an "AS-IS" and "AS AVAILABLE" basis and may include errors, omissions, or other inaccuracies. ALL Crane makes no representation, warranties, or guarantees, expressed or implied, and hereby DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, DESIGN, OR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, OR ANY OTHER WARRANTIES AS TO THE QUALITY, ACCURACY, COMPLETENESS, AVAILABILITY, OR COMPLIANCE WITH THE LAW OF THE INFORMATION AND MATERIALS PRESENTED ON THE WEBSITE.
ALL Crane does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the information and materials on its Website or otherwise relating to such information and materials. ALL Crane may make modifications and/or changes in the Website or in the information, services, and materials available on the Website at any time and for any reason. You assume the sole risk of making use and/or relying on the information, services, and materials available on the Website. ALL Crane also reserves the right to change its prices and billing procedures for products listed on the Website effective immediately upon posting on the Website.
ALL Crane makes no representation, warranty, or guarantee that the Website will operate error free or in an uninterrupted fashion or that any information or material that you access through the Website will be free of viruses or contamination or destructive features. ALL Crane has not reviewed all of the websites linked to its Website and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by ALL Crane of the website and is provided for convenience only. Use of any such linked website is at the user's own risk.
5. LIMITATION OF LIABILITY
You expressly absolve and release ALL Crane from any claim of harm resulting from a cause beyond ALL Crane's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL ALL CRANE OR ANY OF ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (including but not limited to damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ALL CRANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. COPYRIGHT AND TRADEMARK
The TCOU provide only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that ALL Crane transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by ALL Crane and its affiliates and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.
Except as expressly provided herein, ALL Crane does NOT grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that ALL Crane does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of ALL Crane's trademarks. This Company Website is Copyright © 2013. All rights reserved.
ALL Crane also owns a copyright in the contents of the ALL Crane website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable information or materials available through the Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ALL Crane. ALL, We're ALL You Need®, We Make ALL the Difference®, Jeffers, Central, Dawes, all logos of ALL Crane and its affiliates, and all other names, logos, and icons identifying ALL Crane and its affiliates, products, and services are proprietary trademarks of ALL Crane, and any use of such marks, including, without limitation, as domain names, without the express written permission of ALL Crane is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
Any forbearance or other delay on the part of ALL Crane to exercise any of its rights and remedies under the TCOU in connection with a breach thereof in any particular instance shall not constitute a waiver by ALL Crane to require strict compliance with the TCOU in the event of any subsequent breach.