The Raymond Corporation Terms of Use

 

Effective as of January 18, 2022, The Raymond Corporation (“Raymond”) and its subsidiaries (collectively, the “Raymond Group”, “we” or “us” or “our”) have updated terms that apply to (1) our website at www.raymondcorp.com and all websites that link to these terms; (2) our mobile applications; and (3) the social media accounts or pages that we control (collectively, the “Sites”). 

We provide the Sites to you subject to these terms, which might be updated by us on one or more occasions pursuant to section 1 below.  By accessing and using the Sites, you accept and agree to be bound by these terms and our Privacy Policy.  If you do not agree to these terms, you should not access or use the Sites. 

These terms do not apply to your access to and use of the products and services that we market on our Sites.  Those products and services are provided pursuant to separate agreements.

1. Changes to Terms.We may modify these terms at any time and for any reason.Modifications will be effective immediately upon posting. It is your responsibility to check these terms periodically for changes.Your use of the Sites after posting of the modified terms will be deemed to constitute acceptance by you of the modifications.

    

2. Changes to Sites.We may change, discontinue or deprecate the Sites or any aspect, service or feature of the Sites at any time and for any reason.

    

3. Registration.You might be given the opportunity to register user accounts that might allow you to receive information from us or participate in certain features on the Sites. We will use the information you provide in accordance with the Privacy Policy. By registering, you represent and warrant that (i) all information that you provide is current, complete and accurate to the best of your knowledge; and (ii) you have and will maintain the legal bases and right to share the information that you provide. You will maintain and promptly update the information on the Sites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Sites and all charges related to the same.

    

4. Disclaimer of Warranties; Limitation of Liability.The Sites, and all information and materials contained therein, are provided to you on an "AS IS" and “AS AVAILABLE” basis, and at your own risk to the fullest extent permitted under law. Although the specifications, features, illustrations, equipment, warranties and other information contained in the Site are based upon up-to-date information, and while Raymond and all parties involved in creating, producing, or delivering the Sites make all reasonable efforts to ensure that all material on the Sites is correct, accuracy is not guaranteed. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Sites.

   THE RAYMOND GROUP, OR ITS PARENT OR AFFILIATED COMPANIES, WILL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, BUSINESS INTERRUPATION OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, OR REPUTATION, BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN SERVICE, OPERATION OR TRANSMISSION OF THE SITES, OR ANY COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT OR TECHNOLOGY, PERTAINING TO OR ON THE SITES.  THIS LIMITATION OF LIABILITY APPLIES WHETHER ARISING UNDER CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE RAYMOND GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS INITIAL PURPOSE. 

    

5. User Conduct and Communication.You shall not, nor shall you permit, encourage or assist others to: (i) remove, alter or obscure any copyright, trademark or other proprietary notices; (ii) use or access any Site to provide service bureau, time-sharing or other services to third parties or make any Site available to non-parties as a managed or network provisioned service; (iii) reverse engineer, decompile, disassemble or otherwise attempt to derive any Site source code; (iv) modify or create derivative works based on any Site; (v) attempt to undermine the security or integrity of the Sites or attempt to gain unauthorized access to any Site;(vi) attempt to view, access or copy any material or data other than that which you are authorized to access; (vii) attack, disrupt or perform a penetration test on any Site or otherwise impose an unreasonable or disproportionately large load on the infrastructure of the Sites or our networks; (viii) use or access any Site in order to build a similar or competitive product; or (ix) reverse look-up, trace or seek any information on any other user of or visitor to any Site.

   When you use a Site or send communications to us through a Site, you consent to receive any communications related to your use of a Site. We may communicate with you by email or by posting notices on a Site.  You acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you will be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our representatives, including our Solutions and Support Centers, may contact you at that address or number in a manner consistent with our Privacy Policy.

    

6. Intellectual Property.The Raymond Group and its licensors and service providers are and shall remain the owner of all intellectual property rights in and to the Sites and text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork (collectively, “Content”), including the design, structure, selection, coordination, expression, look and feel and arrangement of the Content, contained on the Sites.You acknowledge that using any Site does not give you ownership of any Content.

    

7. Indemnification.You shall defend, indemnify and hold harmless the Raymond Group and its officers, directors, employees and agents against all losses, damages, penalties, judgments, liabilities, settlements and expenses, including reasonable attorney fees and other expenses of litigation, settlement or defense arising out of or resulting from any claim, suit, proceeding or cause of action (each, a “Claim”) arising out of your use of the Sites.The Raymond Group shall have the right to take over the exclusive defense of any Claim. In such event, you shall provide Raymond with such cooperation as is reasonably requested by the Raymond Group.

    

8. General Provisions.

The laws of the State of New York govern the validity, interpretation and performance of these terms as well as all adversarial proceedings arising out of these terms, without giving effect to any laws, rules or provisions that would cause application of the laws of any jurisdiction other than the State of New York.  Any proceeding arising out of terms may only be brought in a state court located in Chenango County, New York or a federal court located in the Northern District of New York.

No waiver or satisfaction of a condition or nonperformance of an obligation under these terms will be effective unless it is in writing and signed by the party granting the waiver.

The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites.