Terms of Use

 

Last Modified:  November 21, 2019

 

Acceptance of the Terms of Use

 

These Terms of Use are an agreement between you and Hino Motors Sales U.S.A., Inc. ("Company", "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of Hino.com, the Hino Trucks mobile phone application, and any other websites and applications owned and/or operated by the Company, including any content, functionality and services offered on or through them (each individually, a "Site", or collectively, the “Sites”), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Site(s). By using the Site(s), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site(s).

 

The Site(s) are offered and available to users who are18 years of age or older and reside in the United States or any of its territories or possessions. By using the Site(s), you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site(s).

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site(s) thereafter. Your continued use of the Site(s) following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

 

Accessing the Site(s); Information About You and Your Visits; Account Security

 

We may withdraw or amend the Site(s), and any service or material we provide on the Site(s), in our sole discretion without notice. We will not be liable if for any reason all or any parts of the Site(s) are unavailable at any time or for any period. Occasionally, we may restrict access to all, or some parts of the Site(s), to users.

 

You are responsible for making all arrangements necessary for you to have access to the Site(s). You are responsible for all applicable internet access and usage fees, including all applicable mobile usage fees (such as data fees) as between you and your internet service provider or mobile carrier resulting from your access to and use of the Site(s).

 

To access the Site(s), you may be asked to provide certain registration details or other information. You agree that all information you provide to register with the Site(s), including through the use of any interactive features on the Site(s), is current, correct and complete. This information, together with other information we collect on the Site(s), is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to anyone, as the account is for your personal use. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, if, in our opinion, you have violated these Terms of Use.

 

Intellectual Property Rights

 

The Site(s) and their entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Site(s) for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site(s), except as follows:

• You may print or download one copy of a reasonable number of pages of the Site(s) for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, for which you will be bound by our end user license agreement for such applications.
• As allowed by any social media features we may provide.

 

You must not:

• Modify copies of any materials from the Site(s).
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site(s).
• Access or use for any commercial purposes any part of the Site(s) or any services or materials available through the Site(s).

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site(s) in breach of the Terms of Use, your right to use the Site(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site(s) or any content on the Site(s) is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site(s) not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Trademarks

 

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site(s) are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Site(s) only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site(s):

• 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 U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
• To transmit any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate anyone.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site(s), or which, as we determine, may harm the Company or users of the Site(s) or expose them to liability.

 

Additionally, you agree not to:

• Use the Site(s) or any device, software or routine in any manner that could disable, overburden, damage, or impair the proper working of the Site(s).
• Use any robot, spider or other automatic device, process or means to access the Site(s) for any purpose, including monitoring or copying any of the material on the Site(s).
• Attempt to gain unauthorized access to, interfere with, damage or disrupt (through malicious software or otherwise) any parts of the Site(s), the server on which the Site(s) are stored, or any server, computer or database connected to the Site(s).
• Otherwise attempt to interfere with the proper working of the Site(s).

 

User Contributions

 

The Site(s) may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons ("post") content or materials (collectively, "User Contributions") on or through the Site(s).

 

All User Contributions must comply with the Content Standards set out in these Terms of Use.

 

Any User Contribution you post to the Site(s) will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site(s), you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

 

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

 

You are responsible for the legality, reliability, accuracy and appropriateness of any User Contributions you submit or contribute.

 

Monitoring and Enforcement; Termination

 

We have the right to:

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, threatens the personal safety of users of the Site(s) or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site(s).
• Terminate or suspend your access to all or part of the Site(s) for any or no reason.
•  

Further, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site(s). YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

We cannot and do not review material before it is posted on the Site(s), and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local and international laws and regulations. Further, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent (including promoting sexually explicit or pornographic material), abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Impersonate or deceive any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

 

Copyright Infringement

 

Pursuant to the Digital Millennium Copyright Act ("DMCA"), if you believe any materials accessible on the Site(s) infringe your copyright, you may request their removal by submitting written notification to our Copyright Agent. Your written notice must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site(s), a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.  It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Our designated Copyright Agent to receive your written notice is:

By E-Mail:

copyrightagent@hino.com

 

By Postal Mail:

Copyright Agent

c/o Hino Motors Sales U.S.A., Inc.

45501 Twelve Mile Road

Novi, MI 48377

 

By Phone:  866-774-2773

By Fax: 248-699-9310

 

Reliance on Information Posted

 

The information presented on or through the Site(s) is made available solely for general information purposes and we do not warrant its accuracy, completeness or usefulness. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Site(s), or by anyone who may be informed of any of their contents.

 

The Site(s) may include content provided by third parties, including materials provided by other users, bloggers and other third-parties. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials, which do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Site(s)

 

We may update the content on the Site(s) from time to time, but any of the material on the Site(s) may be incomplete or out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Site(s)

 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Other Terms and Conditions

 

 Additional terms and conditions may also apply to specific portions, services or features of the Site(s). All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Linking to the Homepage

 

You may link to our homepage, www.hino.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

The website from which you are linking, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission and disable any links at any time without notice in our discretion.

 

Links from the Site(s)

 

If the Site(s) contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Site(s), you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

 

Geographic Restrictions

 

The owner of the Site(s) is based in the state of Michigan in the United States. We provide the Site(s) for use only by persons located in the United States. We make no claims that the Site(s) or any of their content is accessible or appropriate outside of the United States. Access to the Site(s) may not be legal by certain persons or in certain countries. If you access the Site(s) from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site(s) will be free of viruses or other destructive code. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE(S) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE(S) OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

 

YOUR USE OF THE SITE(S), THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE(S) IS AT YOUR OWN RISK. THE SITE(S), THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE(S). WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE(S), THEIR CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE(S) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE(S) OR THE SERVER THAT MAKES IT/THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE(S), ANY SITES LINKED TO THEM, ANY CONTENT ON THE SITE(S) OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE(S) OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, shareholders, licensors and service providers, and the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns of each from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site(s), including, but not limited to, your User Contributions, any use of the Site(s)' content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site(s).

 

Arbitration

 

At Company's sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Site(s), including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

 

Governing Law and Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site(s) shall be instituted exclusively in the federal or state courts located in Oakland County, Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

 

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

 

The Terms of Use and our Privacy Policy constitute the entire agreement between you and us with respect to the Site(s) and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site(s).

 

Thank you for visiting the Site(s).