TERMS & CONDITIONS

INTRODUCTION:

This website is maintained and operated, at least in part, in Farmington Hills, Michigan, United States of America, by Hino Motors Manufacturing U.S.A., Inc. (“Hino”). While Hino has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which Hino apologizes.

 

Hino may, at any time and in its sole discretion, revise or otherwise update these Terms and Conditions by posting changes here, which will be effective immediately. Please check this page periodically for changes.

 

Materials on this website are for general information purposes only and should not be construed for advice on any specific facts or circumstances.

 

CONTACTING HINO

Persons contacting Hino by email or through any online communication facility provided here should not send confidential, privileged or sensitive information. If you have a specific question, please provide details in the e-mail of how Hino can contact you and the general nature of your inquiry, without providing any confidential information. Hino will make reasonable efforts to have an appropriate person respond to your inquiry, but reserves the right not to read or respond to any unsolicited communications. If you have an urgent need to communicate with Hino, please telephone its offices.

 

Commercial and Similar Uses Not Permitted

No commercial use of the information on or under this website is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire or download information on this website is expressly prohibited where such systems are employed in connection with commercial objectives, affect the operation of this website in any manner, or in a fashion that directly or indirectly violates the privacy interests of any person.

 

Hino’s Proprietary Rights

You acknowledge and agree that this website and its content (the Materials) are and shall remain the property of Hino and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by Hino, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Materials, provided that Hino (as part of your consent to these Terms and Conditions) grants to you a limited, personal, revocable and non-transferable license to (a) access the Materials via the internet solely for purposes of viewing such materials, and (b) to print out pages of this website for your personal, non-commercial use. Any other use of the Materials – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior express written consent of Hino is prohibited.

 

Trade names, trademarks, and service marks of Hino Motors Manufacturing U.S.A., Inc. or its affiliates include, without limitation, “Hino,” “HMM,” “HMMUSA,” and associated logos. All trade names, trademarks and service marks on the website that are not owned by Hino or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by Hino or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not provided by Hino (or authorized under separate, written license), or in any other manner that is likely to cause confusion or dilution. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Hino’s trade names, trademarks, or service marks without prior express written consent. Finally, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of Hino, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Hino.

 

Rules of Conduct

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the website. In addition, your use is conditioned on your compliance with the following rules of conduct. You agree not to:

 

• Use of the website for any fraudulent or unlawful purpose;
• Impersonating any person or entity, including, but not limited to, any Hino employee, agent, or representative;
• Falsely stating or otherwise misrepresenting your identity or your affiliation with any person or entity;
• Expressing or implying that Hino endorses any statement you make;
• Interference with or disrupting the operation of the website;
• Restricting or inhibiting any other person from using the website, including by means of hacking or defacing any portion of the website, or engaging in denial-of-service activities;
• Transmitting or otherwise making available in connection with the website any virus, worm, Trojan Horse, or other harmful code;
• Interfering with or violating any other website visitor’s or user’s rights to privacy or other rights, or harvesting or collecting personally identifiable information about website visitors or users, or about Hino’s personnel, without their prior express consent; or
• Framing or mirroring all or any part of the website without Hino’s prior express written consent.

 

Forums, Interactive Areas, Postings and Feedback

This website may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this website any content which is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this website you shall not, without the prior express written consent of Hino, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this website, and Hino takes no responsibility and assumes no liability for the content of posted or uploaded material. Hino reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.

 

 

Copyright Infringement by Your Postings

By posting content of any nature (including software) to or through this website, you warrant to Hino (and it relies on this warranty) that such items are known to you to be free shareware, otherwise in the public domain, or owned by you (and impliedly licensed to us by virtue of such posting by you), and you agree to indemnify Hino against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such works. Hino undertakes no duty to determine the validity of any claim of copyright.

 

If you believe any material here infringes your intellectual property rights, please immediately contact Hino’s designated agent (under the U.S. Digital Millennium Copyright Act) at:

 

Matthew Kulick, Assistant General Counsel, 45501 12 Mile Road, Novi, MI 48377 United States of America Tel: +1-248-442-9077 Fax: +1-248-442-9068 mkulick@hmmusa.com

 

Claims of infringement under the DMCA must satisfy detailed requirements under 17 U.S.C. Section 512(c)(3). Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

 

 

Hino Software

Any Hino software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on of through this website is licensed to you by Hino “as-is”, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software.

 

Hyperlinks

Hino makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this website.

 

 

Disclaimer

THIS WEBSITE AND THE MATERIALS UNDER THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HINO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HINO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HINO DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Hino reserves the right to change any and all content contained on this website at any time without notice. Reference to any services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hino.

 

Limitation of Liability

IN NO EVENT SHALL HINO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.

 

 

Applicable Law

The laws of the State of Michigan (for users located in the United States) shall govern the construction and interpretation of these Terms and Conditions and the rights of the parties hereunder. By accessing and/or using this website, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations. Any controversy or claim arising out of or relating to your use of this website or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Oakland County, Michigan, in accordance with the commercial arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive or multiple damages against either party.

 

Termination

Notwithstanding any of these Terms and Conditions, Hino reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website.

 

 

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Language

It is at the express consent of the parties that the present agreement be written in English.