MONACO GROUP, INC's National LIFTOR WEB SITE (MGI Website) AGREEMENT BETWEEN MONACO GROUP, INC. ("MGI Website") AND USER

Your use of the MGI Website is conditioned on your acceptance without modification of the terms and conditions contained here. Your access and use of the MGI Website will be deemed to indicate your acceptance of all such terms and conditions.

PROPRIETARY RIGHTS NOTICES

All contents of the MGI Website are: Copyright © 1994-2010 , MONACO GROUP, Inc. and/or Independent Providers of Content ("ICPs"), P.O. Box 223, Martinsville, New Jersey 08836 U.S.A. All rights reserved.

 

CONTENT

You acknowledge that: (i) The MGI Website contains information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively "Content"); (ii) Such Content is provided under license by ICPs, other users, MGI and its affiliates; (iii) At minimum, MGI owns a copyright in the selection, coordination, arrangement, and enhancement of such Content; (iv) MGI permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (v) These Rights are valid and protected in all media and technologies existing now or later developed; and (vi) Except as explicitly provided otherwise, this Agreement, applicable copyright and other laws govern your use of Content.

Each user agrees to evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. MGI does not pre-screen Content, including but not limited to content of the Discussion Board, as a matter of policy: however MGI, its affiliates, and ICPs shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of this Agreement. Accordingly, you acknowledge that neither MGI, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by MGI or its affiliates, or any ICP, with respect to Content on, or Content changes within, MGI Website. All offers in the MGI Website are subject to change without notice. You also agree and accept that as new products and services become available on or through MGI Website, your use of these products and services is subject to this Agreement.

USE OF INFORMATION

You agree to use the MGI Website only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of the MGI Website or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by MGI to be offensive; (4) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer; (6) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (7) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the Discussion Board area), or collect or harvest e-mail addresses of other users, without permission; (8) Falsify the origin or source of software or other material contained in a file that is uploaded; (9) violate any operating rule, policy or guideline of any other interactive service; (10) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (11) modify, copy, distribute, transmit, display, perform, write musicals or plays about, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MGI Website.

IP (Intellectual Property)

The LIFTOR materials copyrighted ©1994-2010 by Monaco Group, Inc, are IP (Intellectual Property) owned by Monaco group, Inc. (MGI). MGI Intellectual Property is protected under United States Copyright Law and international treaties.   These materials are licensed for use ONLY by those instructors and examiners who are certified within the National LIFTOR System under the authority of a Licensed Industrial Site Agreement.  These materials are NOT sold, or distributed to any person not currently certified in their use under Monaco Group, Inc. licensed authority.  MGI intellectual property (IP) is NOT to be stored electronically, on a company server, or any electronic or digital storage device where it can be independently accessed or viewed by NON-LIFTOR Certified personnel. It is prohibited to alter, change, delete, or derive material, in whole or in part, from IP owned by MGI without written permission that is made part of an industrial site license agreement. ALL third party trainers, printing companies  and NON-LIFTOR instructor/trainers are hear-by notified that they can only use IP owned by MGI after first acquiring a license to do so.  ALL Monaco Group, Inc, IP MUST be returned to corporate headquarters when requested in writing and/or after any license has expired.  For information about how you can be authorized to use MGI materials for training or management of powered industrial truck operators, write to: Monaco Group, Inc. P.O. 223. Martinsville, NJ  08836, or call 732-563-4430.   

 

WARRANTY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE MGI WEBSITE IS AT YOUR SOLE RISK. THE MGI WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, UTILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL MGI AND/OR ITS ICPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE MGI WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE MGI WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MGI'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MGI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE MGI WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU, ANY INDIVIDUALS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 
INDEMNIFICATION

User agrees to defend, indemnify and hold harmless MGI, its affiliated companies, its employees, contractors, officers, directors and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from your use of the MGI Website or any of MGI services. MGI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall have no further obligation to provide indemnification for such matter.

Disclaimer

Laws, regulations, and best practices change.  The observations and comments drawn today may not apply to laws, regulations, or best practices as they may be in the future.  MGI cannot and does not assume responsibility for omissions, errors, or ambiguity contained in this website or any email or written response provided via LIFTOR.com or its host servers.  Individuals needing legal or other professional advice should seek the assistance of a licensed professional in that field.

 

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