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CONDITIONS OF USE
Welcome to www.hceusa.com, web site of Hyundai Construction Equipment
USA.
By accessing or using this site, you acknowledge that you have read,
understood and agreed to these Conditions of Use.
If you do not agree to the Conditions of Use, you may not access or use
this site.
ABOUT THIS SITE
Hyundai Construction Equipment USA ("HCE", "we", or "us") maintains this
site as a service to its customers, dealers and the general public
(hereinafter collectively referred to as "you" or "your"). All access to
this site is subject to these Conditions of Use, which we may change
without notice from time to time. By accessing or using this site, you
agree that you have read, understand, and agree to be bound by these
Conditions of Use, as we may change them from time to time. You are
responsible for monitoring any changes to these Conditions of Use. If
you use this site after we post any changes, your use indicates your
acceptance of the changes. If you disagree with these Conditions of Use,
or are dissatisfied with this site for any reason, your sole and
exclusive remedy is to discontinue using this site.
COPYRIGHT NOTICE
Information (including documents and graphics) contained in this site
("Information") is our property and is copyright (c) 2006 Hyundai
Construction Equipment USA. You may use Information only for your
personal, non-commercial use, so long as (1) the copyright notice
identifying us as copyright holder appears on all copies; (2) you do not
modify the Information in any way; and (3) you do not use any graphics
apart from their accompanying text. Except for this limited permission,
no license or right, express or implied, is granted to any person under
any patent, trademark, copyright, or other proprietary right. You may
not use any trademark, trade names, trade dress or products without our
prior written authorization. You may not distribute material from third
parties (including, but not limited to, hyperlinked web sites) without
permission of the owner of such material.
YOUR USE OF THIS SITE
You understand and agree to the following in connection with your use of
this Site:
a. SITE SECURITY AND TRANSMISSIONS
You will not disrupt or intercept our electronic information posted on
this site or contained on any of our servers. You will not to attempt to
circumvent any security features of our site. Further, you agree that
you are solely responsible for the security of your internet connection
to our site, and the security of the transmission of any information
transmitted to us through this site.
b. LAWS AND CONDITIONS OF USE
You will abide by all applicable laws, rules and regulations in your use
of this site, as well as these Conditions of Use. You will indemnify us
for any damages or expenses we suffer or incur as a result of your
violation of such laws, rules, regulations, or these Conditions of Use.
c. OUR USE OF YOUR MATERIAL
We may use any material you transmit to us through this site in any
manner we choose, including, but not limited, to copying, displaying,
performing or publishing it in any format whatsoever, modifying it,
incorporating it into other material or making a derivative work based
on it. Your communication with us through this site does not establish
any confidential relationship, and such communication and any
information submitted therewith (including, but not limited to, your
name and email address) shall be non-confidential. We shall be free to
reproduce, publish or otherwise use such material and information for
any purposes whatsoever.
DISCLAIMERS
You agree that:
a. NO OBLIGATION TO UPDATE
While we reserve the right to update, from time to time, this site to
include developments relating to us and our products and/or services, we
are not obligated to do so, and we do not warrant that material
contained on this site will be accurate or up-to-date. You are
responsible for all risks you incur as a result of your access to this
site. We may add, delete, or modify information or functionality on this
Site at any time.
b. NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT
We have no control over, and are not responsible for, the content of any
third party web site linked to this site, or the accuracy of any
hyperlinks. We do not endorse, and provide no warranty whatsoever, for
the accuracy, effectiveness, timeliness and suitability of any
information or content obtained from third parties in connection with
your use of this site, including any hyperlinks to or from third-party
sites.
c. NO WARRANTIES REGARDING CONTENT
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING
THE CONTENT POSTED ON THIS SITE, AND WE HEREBY DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY
LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND OR
NATURE SUFFERED BY ANYONE, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, SPECIAL (INCLUDING LOST PROFITS), CONSEQUENTIAL, PUNITIVE, OR
INCIDENTAL DAMAGES THAT MAY ARISE FROM OR IN CONNECTION WITH THE
EXISTENCE OR YOUR USE OF THIS SITE AND/OR THE CONTENT POSTED, REGARDLESS
OF WHETHER WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
d. NO RESPONSIBILITY FOR DELAY OR UNAVAILABILITY
We shall not be responsible for any delay or impediment, or damages
related to such delay or impediment, you may incur in accessing this
site or any content or functionality herein, including, but not limited
to, unavailability of any products or services identified on this site,
any dealer information, or any other information about us.
LIMITATION OF LIABILITY
We do not assume any liability for the materials, information and
opinions provided on, posted to, or otherwise available through, this
site. Reliance on these materials, information and opinions is solely at
your own risk. We disclaim any liability for injury or damages resulting
from your use of this site, or the content contained thereon.
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH
ALL FAULTS. IN NO EVENT SHALL WE, OR OUR SUBSIDIARIES, AFFILIATES,
VENDORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE
LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE OR
ITS CONTENT, OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL
INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN
SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR
ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS SITE OR ITS CONTENT,
WHETHER OR NOT WE ARE NEGLIGENT AND WHETHER OR NOT WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
ENFORCEMENT OF CONDITIONS OF USE
You agree that these Conditions of Use are the entire agreement between
us regarding your use of this site. This site is operated under the laws
of the State of Illinois, which will control the interpretation of these
Conditions of Use, without regard to choice of law principles. If a
court of competent jurisdiction finds any provision of these Conditions
of Use invalid or unenforceable, you agree that the other provisions
will remain in full force and effect. You agree that regardless of any
applicable law to the contrary, you cannot file a claim or cause of
action arising out of or related to the site or these Conditions of Use
more than one (1) year after such claim or cause of action arose.
Furthermore, you agree to bring any such action in state or federal
court situated in Chicago, Illinois.
WRITTEN PRODUCT INFORMATION SHALL BE CONTROLLING
We attempt to ensure that information about our products and services on
this site is accurate, complete and up-to-date. However, all products
and services, and any other information or functionality we provide, are
subject to change at any time without notice. Product and service
specifications and warranties, if any, and the terms of any contract
with us shall be governed by printed materials delivered at time of sale
or lease, and by the written contract with us, regardless of any
material contained on this web site. Nothing contained on this web site
shall be part of any contract for the purchase or lease of any product
or service, nor shall it in any way alter, replace, or expand the scope
of any such written materials.
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