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Copyright Notice Copyright 2000 - 2001 Hitachi Transport System (America), Ltd. All rights reserved. All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Hitachi Transport System (America), Ltd. You may not alter or remove any trademark, copyright or other notice from copies of the content. However, you may download material from Hitachi Transport System (America), Ltd. on the Web (one machine readable copy and one print copy per page) for your personal, noncommercial use only. To reproduce material (photographs, text, graphics, illustrations) from Hitachi Transport System (America), Ltd. that you've seen on our Web site, you'll need prior permission to do so from Hitachi Transport System (America), Ltd. You may e-mail our administration for reprint rights: E-mail: corp@hitachitransport.com Hitachitransport.com Agreement 1. GENERAL RULES AND DEFINITIONS 1.1 If you choose to use the Hitachi Transport System (America), Ltd. Web service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Hitachitransport.com on the Web ("HTSA WEB"), an Internet service of Hitachi Transport System (America), Ltd. ("HTSA") (the "Service"). 1.2 HTSA WEB may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail. 1.3 YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS. 1.4 HTSA WEB may change, suspend or discontinue
any aspect of the Service at any time, including the availability
of any Service feature, database, or content. HTSA WEB may also
impose limits on certain features and services or restrict your
access to parts or all of the Service without notice or liability. 2. HTSA WEB CONTENT AND SUBSCRIBER SUBMISSIONS 2.1 The contents of the HTSA WEB Internet service are intended for your personal, noncommercial use. All materials published on HTSA WEB (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Hitachi Transport System (America), Ltd., HTSA, HTSA WEB, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. 2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part. 2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Hitachi Transport System (America), Ltd., or the copyright holder identified in the copyright notice contained in the Content. 2.4 Certain Content is furnished by the Associated Press, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. 3. ACCESS AND AVAILABILITY OF SERVICE AND LINKS 3.1 HTSA WEB contains links to other related World Wide Web Internet sites, and resources of HTSA WEB. Since HTSA is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site. 4. REPRESENTATIONS AND WARRANTIES 4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless HTSA and HTSA WEB, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. HTSA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. 4.2 Neither NYTD nor NYT WEB represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. 5. REGISTRATION AND SECURITY 5.1 As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a user ID and/or customer ID of another person with the intent to impersonate that person; (ii) use a user ID and/or customer ID in which another person has rights without such person's authorization; or (iii) use a user ID and/or customer ID that HTSA, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of HTSA. 5.2 (a) You shall notify webmaster@hitachitrasnport.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. 5.3 You must be 13 years or older to subscribe to the Service; however, persons of all ages may use it. Thus, you may share your password and user ID and/or customer ID with others, subject to Section 5.4. 5.4 You are responsible for all usage or activity on your HTSA WEB account, including use of the account by any third party authorized by you to use your user ID and/or customer ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at HTSA's sole discretion, and HTSA may refer you to appropriate law enforcement agencies. 6. FEES AND PAYMENTS 6.1. HTSA reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time HTSA requires a fee for portions of the Service that are now free (e.g., Global Tracing System fee), HTSA will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Web and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by HTSA or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. 7. COMMUNICATIONS BETWEEN NYTD AND SUBSCRIBERS 7.1 Unless you indicate on your registration form that you do not want to receive such information, HTSA, its owners and assigns, reserve the right to allow certain third party vendors to provide you with information about products and services. 7.2 HTSA reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service. 7.3 HTSA reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance 10. SOFTWARE LICENSES 10.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by HTSA, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software. 11. TERMINATION 11.1 You may terminate your account at any time by sending e-mail to: webmaster@hitachitransport.com. Upon termination, you will receive a confirmation that the request was received, and your access will be suspended within 24 hours. You are responsible for all charges incurred up to the time the account is deactivated. 11.2 HTSA may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement. 12. MISCELLANEOUS 12.1 This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in Los Angeles County. 12.2 Official correspondence must be sent via postal mail to: Hitachi Transport System (America), Ltd.
12.3 You agree to report any copyright violations of the Hitachitranport.com Agreement to Hitachi Transport System (America), Ltd. as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in Hitachi Transport System (America), Ltd. on the Web service, please notify Hitachi Transport System (America), Ltd., 1640 W. 190th St., Torrance, CA 90501; 310-755-3700; e-mail: corp@hitachitransport.com. (Please direct all general questions to webmaster@hitachitransport.com) |
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