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National LIFTOR Licensing Systems is a MONACO GROUP, INC. division. This National LIFTOR WEB SITE (www.LIFTOR.com) AGREEMENT IS 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 © 1994-2011 , 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 ©1994-2011 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 MGI 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, call 732-563-4430 or send an email to license@LIFTOR.com. 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
PURPOSE, 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. 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. Further Legal Information In using this website you are deemed to have read and agreed to the following terms and conditions (for an explanation of National LIFTOR Licensing Systems practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy)
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National LIFTOR Licensing Systems
Phone: 732-563-4430
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This Website Privacy Policy National LIFTOR Licensing Systems values the privacy of our site visitors and clients. We use the information you provide us to assist you with your requests, keep registry records related to credentialing, and the identity of LIFTOR certified operators, instructors, examiners and registrars, and to keep you informed about our services and products. We are not in the business of selling that information to others. We do not share your information with anyone outside of National LIFTOR Licensing Systems and its alliance partners delivering National LIFTOR services in other states or countries. By visiting www.LIFTOR.com, or using any of the services offered there, you are accepting the practices described in this Privacy Notice. How we collect personal information: · Email inquiries · Your request to receive our Electronic Newsletters · Registration information you give to us for tracking people certified under the National LIFTOR Licensing System You may give us personal information about you, such as your name, contact email and other contact details on various places on our website. You may also opt out from receiving information from us at any time and ask us to remove your contact information from our marketing database. If you request to opt out of the registry database from which you have been issued physical credentials as a LIFTOR certified operator, instructor, examiner or registrar, you must first physically return the credentials with a signed and dated note stating: “I no longer wish to be part of the National LIFTOR System, and hereby abandon any and all associated rights, duties, and privileges.” Print your name below the message. Sign your name, and mail this statement to:
National LIFTOR Licensing Systems
After receiving the above message from you, you will no longer receive communications initiated from National LIFTOR Licensing Systems, except those required by law. Information you have already given us to help your employer or former employer comply with the law will be kept in an archive for an indefinite period of time.
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