Terms of Use

Demaghoist.com

1. General

The Demaghoist.com site (the “Site”) is owned and operated by Demag Cranes & Components Corp. (“Demag”), a Michigan corporation. Your access to and use of this Site is subject to these Terms of Use (the “Terms”), which incorporate the separately posted Privacy Statement as well as any modifications issued by Demag to them, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use this Site.

Among other things, this Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided on the Site in no way override the terms and conditions of your purchase of any product or service except as expressly provided.

2. Changes in Terms

Demag shall have the right without notice and at any time, at its sole discretion, to revise these Terms or to impose new terms with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms on the Site. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS.

3. Termination

Demag may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access this Site, and the restrictions imposed on you and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Demag also may without notice and at any time terminate the Site or any portion thereof, or any products or services offered through the Site, or any individual's right to access or use the Site or any portion thereof.

4. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through the Site. You must be at least 18 years old to use the Site.

5. Content

The text, images, data, and other material provided on this Site and their selection and arrangement (the "Content") may contain errors, omissions, or typographical errors or may be out of date. Demag may change, delete, or update any Content without notice and at any time. The Content is provided for informational purposes only and is not binding on Demag in any way except as expressly provided.

6. Trademarks & Copyrights

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Demag or by third parties that have licensed their use to Demag. You may view and use the Content only for your personal information and for shopping and ordering on this Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Demag does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including but not limited to transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content except as specifically permitted in these Terms or expressly permitted in the Content or in a writing signed by Demag is strictly prohibited.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Demag Copyright Agent the written information specified below:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on this Site, including the Demag product number, if applicable;

your address, telephone number, facsimile number, and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

a statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The Demag Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Attn: CFO
Demag Cranes & Components Corp.
29201 Aurora Road
Cleveland, OH 44139-1895
Tel: 440-248-2400
Fax: 440-498-1825
Email: info@demag-us.com

7. Linked Third Party Sites.

Links to other Internet sites operated by third parties, including Demag’s affiliates, partners, dealers, and distributors and related entities, do not constitute sponsorship, endorsement, or approval by Demag of the content, security, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Demag, and Demag is not responsible for the availability, content, security, policies, or practices of linked sites, including but not limited to privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

8. Prices; Orders.

All prices displayed on this Site are quoted in U.S. dollars, and Demag may restrict delivery to addresses within the United States and Canada. Demag will add any applicable shipping fees and sales/use tax. Demag reserves the right to discontinue or change specifications and prices on products or services offered through this Site without notice and at any time without incurring any obligation to you. Products and services displayed on this Site are available while supplies last. Descriptions of, or references to, a product or service on the Site do not imply endorsement of that product or service or constitute a warranty by Demag except as expressly provided.

9. Disclaimer and Limitation of Liability as to the Site and Content.

WDEMAG MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THIS SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR ITS CONTENT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT. DEMAG ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THIS SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DEMAG OR ITS AFFILIATES, PARTNERS, DEALERS, OR DISTRIBUTORS OR RELATED ENTITIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF DEMAG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Disclaimer and Limitation of Liability as to Products and Services.

ALL PRODUCTS AND SERVICES SOLD BY DEMAG ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS AS SET FORTH IN THE GENERAL TERMS AND CONDITIONS OF SALE FOR THOSE PRODUCTS AND SERVICES. EXCEPT AS EXPRESSLY STATED THEREIN, DEMAG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DEMAG OR ITS AFFILIATES, PARTNERS, DEALERS, OR DISTRIBUTORS OR RELATED ENTITIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD THROUGH THIS SITE, EVEN IF DEMAG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DEMAG’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

11. Indemnification.

You agree to defend, indemnify, and hold harmless Demag, its affiliates, partners, dealers, and distributors and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.

12. Submissions.

Except as expressly provided herein or in the Privacy Statement posted on this Site, any communication or material you transmit to the Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Demag or its affiliates, partners, dealers, or distributors or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Demag and its affiliates, partners, dealers, and distributors and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products or services using information contained in such communication.

13. Miscellaneous.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Demag of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

Demag shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Access to or use of this Site shall not be construed as Demag’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the state of Ohio. This Agreement shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to conflicts of law provisions. Additionally, any claims brought against Demag shall be governed by and construed in accordance with the laws of the state of Ohio. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this Site, or any orders placed or products or services purchased through the Site shall be in the state or federal courts located in Cuyahoga County of Ohio or the Northern District of Ohio.