Thank you for visiting the Platform of Forklift Solutions USA LLC («Forklift Solutions,» «we,» «us,» or «our»). «You» and «Your» refer to you as the user of our Website. These Terms of Use govern your use of the Website located at https://www.forkliftsolutionsusa.com and any other Website(s), applications, including mobile apps, or products or services we offer, or when you communicate with us, where these Terms of Use are posted or linked to, and which are owned or operated by Forklift Solutions USA LLC (the «Platform»). The term «Platform» also includes all subdomains of the Platform and any content, code, data, services, features, or functionality made available from or through the Platform. We may change the Terms of Use from time to time, at any time, without notice to you, by posting such changes on the Platform. Changes in the Terms of Use will be effective when posted, and your continued use of the Platform and/or the services made available on or through the Platform after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE PLATFORM OR ANY INDIVIDUAL PART OF THE PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE PLATFORM, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access, register with, or otherwise use the Platform. These Terms of Use govern the following: • Your use of the Platform (including Your rights to link to the Platform) as set out in these terms and conditions (the «Terms of Use»); • our use of cookies on the Platform (see our separate «Cookies Policy»); and • how we will use and protect information about You (see our separate «Privacy Policy»). Collectively these documents are defined as the «Terms.» IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE PLATFORM ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1. Use of the Platform Access to and use of the Platform implies Your full acceptance and undertaking to abide entirely by the Terms and Conditions. You should read all the Terms prior to using the Platform. However, please note that we may change our Terms from time to time; therefore, we recommend You to read the Terms each time You access the Platform. The revised Terms will be available via the Platform. You will be deemed to have accepted any changes to the Terms after You have been notified of the changes on our Platform home page, and You continue to access or use the Platform. You are not permitted to use or cause others to use any automated system or software to extract content or data from our Platform for commercial purposes. Access to our Platform is permitted on a temporary basis. We update our Platform regularly, so may change the content at any time without notice to You. We reserve the right to withdraw, vary, or suspend the service at any time without notice. You are responsible for making all arrangements necessary to access this Platform. You are also responsible for ensuring that all persons accessing our Platform through Your internet connection are aware of these Terms and Conditions. Please note that the use of our Platform is subject to Your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that Your computer and/or portable device are compatible with our products and services, and we shall not be liable for any failure arising in the Platform which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time). You agree not to use the Platform for fraudulent purposes and not to perform any conduct that may damage the image, interests, and rights of Forklift Solutions USA LLC or third parties. You also agree not to take any action to damage, disable, or overburden the Platform or hinder, in any way, the normal use and operation. In the event of a breach of the contents of these Terms, we reserve the right to limit, suspend, or terminate Your access to the Platform, taking any technical measures necessary for that purpose.
2. Relationship and Reliance on Information Posted The materials on this Platform are for informational and educational purposes only. Your use of this Platform does not create a contractual or legal relationship between Forklift Solutions USA LLC and you. The information and materials posted on our Platform are not intended as advice and should not be relied upon as such. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.
3. Copyright Ownership The Forklift Solutions USA LLC Platform is protected by the copyright laws of the United States and other jurisdictions. You may print a copy of any part of the Platform for your personal, non-commercial use, but you may not copy any part of the Platform for any other purpose, and you may not modify any part of the Platform for any reason. Inclusion of any part of the Platform in another work, whether in printed, electronic, or other form, and inclusion of any part of the Platform in another Platform by linking, framing, or otherwise, are prohibited. Our operation of this Platform is not intended to create, and will not create, a contractual or legal relationship with you.
4. Trademark Rights The trademarks, service marks, and logos of Forklift Solutions USA LLC belong exclusively to Forklift Solutions USA LLC («Forklift Solutions USA LLC Marks»). The Forklift Solutions USA LLC Marks are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Platform confers on you any license or right under the Forklift Solutions USA LLC Marks or the trademarks of any third party.
5. Use Restrictions You agree not to use the Platform for any purpose that is unlawful or that is designed or intended to interrupt, destroy, or limit the functionality of the Platform(s). You further agree not to use the Platform in any manner that: • copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying the Platform(s) or any portion thereof; • is intended to obtain unauthorized access to the Platform, any portion thereof, or any server(s) or devices on which the Platform or any related data or information is stored; infringes any copyright, trademark, trade secret, patent, or other right of any party, or defames or invades the publicity rights or privacy of any person, living or deceased (or impersonates any such person);

• consists of any unsolicited or unauthorized advertising, promotional materials, «junk mail,» «spam,» «chain letters,» «pyramid schemes,» or any other form of solicitation;
• causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
• links to materials or other content, directly or indirectly, to which you do not have a right to link;
• is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, as determined by Forklift Solutions USA LLC in its sole discretion; or
• violates, or encourages anyone to violate, the Terms or any ancillary terms and conditions listed on the Platform.

Accuracy of Information and Registration Information

You agree, as applicable, to provide Forklift Solutions USA LLC with accurate information and not to impersonate or otherwise misrepresent your association or affiliation with Forklift Solutions USA LLC or any person, organization, or entity.

In the course of your use of the Platform, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information is referred to hereinafter as «Registration Information»). Forklift Solutions USA LLC’s information collection and use policies with respect to the privacy of such Registration Information are set forth in Forklift Solutions USA LLC’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete, and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Platform using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify Forklift Solutions USA LLC of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. Forklift Solutions USA LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Third-Party Website.

You may be able to link from the Platform to third-party websites, and third-party websites may link to the Platform («Linked Sites»). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code, or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Platform does not imply Forklift Solutions USA LLC’s endorsement, sponsorship, or recommendation of that site. Forklift Solutions USA LLC disclaims any liability for links (1) from another website to the Platform and (2) to another website from the Platform. Forklift Solutions USA LLC cannot guarantee the standards of any website to which links are provided on the Platform nor shall Forklift Solutions USA LLC be held responsible for the contents of such sites or any subsequent links. Forklift Solutions USA LLC does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Forklift Solutions USA LLC is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.

Advertisements and Promotions

Forklift Solutions USA LLC may run advertisements and promotions from third parties on the Platform. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Forklift Solutions USA LLC, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Forklift Solutions USA LLC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Platform.

Disclaimer of Warranties

FORKLIFT SOLUTIONS USA LLC DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE, OR STATEMENT ON THE PLATFORM OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE PLATFORM. UNDER NO CIRCUMSTANCES WILL FORKLIFT SOLUTIONS USA LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE, OR STATEMENT ON THE PLATFORM OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE PLATFORM.

YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED TO YOU ON AN «AS IS» AND «AS AVAILABLE» BASIS. FORKLIFT SOLUTIONS USA LLC DISCLAIMS IMPLIED WARRANTIES THAT THE PLATFORM AND ALL SOFTWARE, CONTENT, AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE PLATFORM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION GIVEN BY FORKLIFT SOLUTIONS USA LLC OR A REPRESENTATIVE SHALL CREATE A WARRANTY.