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Acceptance of Terms
of Use: By accessing and using this Web Site you agree to be bound by the
following Terms of Use and all terms and conditions contained and/or referenced
herein or any additional terms and conditions set forth on this Web Site and all
such terms shall be deemed accepted by you. If you do NOT agree to all these
Terms of Use, you should NOT use this Web Site. If you do not agree to any
additional specific terms which apply to particular Content (as defined below)
or to particular transactions concluded through this Web Site, then you should
NOT use the part of the Web Site which contains such Content or through which
such transactions may be concluded and you should not use such Content or
conclude such transactions.
These Terms of Use may be amended
by our company at any time. Such amended Terms of Use shall be effective upon
posting on this Web Site. Please check the Terms of Use published on this Web
Site regularly to ensure that you are aware of all terms governing your use of
this Web Site. Other web sites owned by our company may have their own terms of
use which apply to such web sites. Also, specific terms and conditions may apply
to specific content, products, materials, services or information contained on
or available through this Web Site (the “Content”) or transactions concluded
through this Web Site. Such specific terms may be in addition to these Terms of
Use or, where and then only to the extent the content or intent of such specific
terms is inconsistent with the terms contained in these Terms of Use, such
specific Terms will supersede these Terms of Use.
Our company reserves
the right to make changes or updates with respect to or in the Content of the
Web Site or the format thereof at any time without notice. Our company reserves
the right to terminate or restrict access to the Web Site for any reason
whatsoever at its sole discretion.
Although care has been
taken to ensure the accuracy of the information on this Web Site, our company
assumes no responsibility therefore. ALL CONTENT IS PROVIDED “AS IS” AND “AS
AVAILABLE”. OUR COMPANY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT. OUR
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS
WEB SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. OUR COMPANY
DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE
AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY OUR COMPANY ARE FREE FROM VIRUSES
OR ANY OTHER HARMFUL ELEMENTS.
IN NO EVENT SHALL OUR
COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION
OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF, OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, EVEN IF OUR
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT
AGAINST OUR COMPANY PERTAINING TO OR IN CONNECTION WITH THIS WEB SITE MUST BE
COMMENCED AND NOTIFIED TO OUR COMPANY IN WRITING WITHIN ONE (1) YEAR AFTER THE
DATE THE CAUSE FOR ACTION AROSE.
This Web Site may
provide links to other web sites that are not under the control of Our company.
Our company shall not be responsible in any way for the content of such other
web sites. Our company provides such links only as a convenience to the user of
this Web Site, and the inclusion of any link to any such web sites does not
imply endorsement by Our company of the content of such web sites.
Copyright and all other
proprietary rights in the Content (including but not limited to software, audio,
video, text and photographs) rests with i-thinkdesign, our company or its
licensors. All rights in the Content not expressly granted herein are reserved.
Except as otherwise provided, the Content published on this Web Site may be
reproduced or distributed in unmodified form for personal non-commercial use
only. Any other use of the Content, including without limitation distribution,
reproduction, modification, display or transmission without the prior written
consent of our company is strictly prohibited. All copyright and other
proprietary notices shall be retained on all reproductions.
Any material or
information sent through or in connection with this Web Site by you (“User
Materials”) will be treated as non-confidential and non-proprietary, and
immediately become the property of our company, subject to any privacy policies
posted on this Web Site. our company may use such User Materials as it deems
fit, anywhere in the world, without obligation for compensation, and free of any
moral rights, intellectual property rights and/or other proprietary rights in or
to such User Materials.
The Web Site may
contain references to specific to our company products and services that may not
be (readily) available in a particular geography. Any such reference does not
imply or warrant that any such products or services shall be available at any
time in any particular country. Please contact us for further information.
Software made available
for downloading from or through this Web Site is licensed subject to the terms
of the applicable license agreement. Except as set forth in the applicable
license agreement, the software is made available for use by end users only and
any further copying, reproduction or redistribution of the software is expressly
prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY
AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. OUR COMPANY HEREBY
EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
‘Safe Harbour’
Statement under the Private Securities Litigation Reform Act of 1995: The
information on this Web Site may contain certain projections or forward-looking
statements with respect to the financial condition, results of operations and
business of our company or any of its affiliates and certain of the plans and
objectives of our company with respect to these items. By their nature,
projections and forward-looking statements involve risk and uncertainty because
they relate to events and depend on circumstances that will occur in the future.
There are a number of factors that could cause actual results and developments
to differ materially from those expressed or implied by these projections or
forward-looking statements. These factors include, but are not limited to,
levels of consumer and business spending in major economies, changes in consumer
tastes and preferences, the levels of marketing and promotional expenditures by
our company and its competitors, raw materials and employee costs, changes in
future exchange and interest rates (in particular, changes in the Euro and the
US dollar can materially affect results), changes in tax rates and future
business combinations, acquisitions or dispositions and the rate of technical
changes.
These Terms of Use
shall be governed by and construed in accordance with the laws of The
Netherlands without regard to its principles of conflict of laws. You agree to
the exclusive jurisdiction of the courts of Amsterdam, The Netherlands for any
claim or cause of action arising out of, or relating to or in connection with
these Terms of Use or this Web Site, provided that such exclusivity does apply
to legal actions initiated or brought by our company.
Personal information
provided or collected through or in connection with this Web Site shall only be
used in accordance with our company’ privacy policy.
for the purpose of this
document “our company” is deemed to be WR Training Services, a trading division
of WR Forktrucks
Last Update: January
26, 2002.