If there are additional terms associated with a specific online service or portion of the Website Services, you will be presented with those additional terms at the time you access the online service or portion of the Website Services (the “Additional Terms”). Those Additional Terms supplement these Terms and Conditions and are incorporated herein. In the event there is conflict between these Terms and Conditions of Use and the Additional Terms, the Additional Terms shall control with respect to the specific online service or portion of the Website Services provided subject to those Additional Terms.  

You may use the Website Services only as permitted by law and in accordance with these Terms and Conditions. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the use of the Website Services. You agree not to use the Website Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
• To impersonate or attempt to impersonate us, our employees, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website Services, or which, as determined by us, may harm us or other users of the Website Services or expose them to liability.

Additionally, you agree not to:

• Use the Website Services in any manner that could disable, overburden, damage, or impair the Website Services or interfere with any other user’s use of the Website Services, including his or her ability to engage in real time activities through the Website Services;
• Use any robot, spider or other automatic device, process or means to access the Website Services for any purpose, including monitoring or copying any of the material on the Website Services;
• Use any manual process to monitor or copy any of the material on the Website Services or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Website Services;
• Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website Services, the server on which the Website Services is stored or hosted, or any server, computer or database connected to the Website Services;
• Attack the Website Services via a denial-of-service attack or a distributed denial-of-service attack; and
• Otherwise attempt to interfere with the proper working of the Website Services.

Your permission to use Website Services will terminate if you do not comply with these Terms and Conditions. 

Our Website Services may allow you to upload, store, and share content and information, including feedback, comments, messages, texts, photos, and other materials (“User Content”). Except as otherwise specifically noted in Additional Terms, your User Content is considered and will be treated as non-confidential, and you hereby grant TMH a nonexclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you. If you supply or transmit any User Content via the Website Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity. 

You understand that all information, data, or other materials that you and other users of the Website Services upload, post, transmit, publish, display, or otherwise make available through the Website Services, including information you share or make available to other users of the Website Services, are the sole responsibility of you or the person from whom such User Content originated. This means that you, and not us, are responsible for User Content that you upload, post, transmit, publish, display, or otherwise make available through the Website Services. Under no circumstances will we be liable in any way for or related to any User Content, including but not limited to any errors or omissions in User Content and any loss or damage resulting from use or reliance on User Content on the Website Services.

If you believe that any User Content violates your copyright, please contact us as described below. 

By using the Website Services, you consent to receiving certain electronic communications from or on behalf of us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The communications may include, but are not limited to, promotional offers and Website Services updates.

By providing your e-mail address, phone number, or other method of communication, you are agreeing to be contacted by or on behalf of TMH to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our electronic communications by following the instructions for unsubscribing contained in the electronic communication. Please allow us ten (10) business days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial electronic communications, we may still e-mail you non-commercial (transactional) electronic communications related to your account and your transactions with the Website Services

User accounts are required to access certain Website Services.  Within user accounts certain roles and permissions may be assigned.  Through user accounts certain read-only and customizable information may be accessed.  You are solely responsible for the accuracy of any information input, modified, deleted or otherwise edited by you.  You agree to: (a) maintain the security of all passwords and usernames; (b) notify TMH immediately of any unauthorized use or other breach of security; and (c) accept all responsibility for activity that occurs under each user account. TMH reserves the right to monitor downloads and user activity to ensure compliance with these terms and conditions of use. If TMH determines that you are in breach of this or any other term of these terms and conditions of use, it may suspend access to your account and seek further legal remedies.

We implement reasonable and appropriate security measures to protect your information, including Personal Data, from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the internet. Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, including any passwords or account information, and to use the Website Services and your devices or applications in a secure and responsible manner. You, not TMH, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.

The Website Services and the entirety of its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned, controlled or licensed by us, Sellers, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website Services or any content on the Website Services is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Website Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. TMH names and logos and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of TMH. No trademark or service mark license is granted in connection with the materials contained within the Website Services. Access to the Website Services does not authorize anyone to use any TMH name, logo, or mark in any manner.

By using the Websites Services, and if you provide TMH with any survey responses, suggestions, enhancement requests, recommendations or other feedback relating to the Website Services, the TMH products or services, or the Website Services’ operation (collectively, the “Feedback”), then you hereby grant TMH a royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable license to reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display throughout the world in any media, commercialize, and otherwise use any Feedback.

For all questions about these Terms and Conditions, please contact us at: info@toyotaforklift.us,Attn: Legal Department, Toyota Material Handling, Inc., 5559 Inwood Drive, Columbus, IN 47201.