Terms of Use

Last Modified: 08/30/2013

PLEASE READ CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Acceptance of Terms of Use
Welcome to the website of Clark Equipment Company d/b/a Doosan Infracore Portable Power (“Company”, “we” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.doosanportablepower.com, including any content, functionality and services offered on or through www.doosanportablepower.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.doosanportablepower.com, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Modifications
We may revise or modify these Terms of Use at any time in our sole discretion.  When we modify these Terms of Use, we will incorporate the modifications in to this document and will update the “last updated” date at the top of this webpage.  All changes are effectively immediately when we post them, and apply to all access and use of the Website thereafter.  Please check these Terms of Use periodically for changes.  Your continued use of this Website following posting of changes to the Terms and Use constitutes acceptance of those changes.

We may withdraw or update this Website, and any service or material we provide on the Website, at any time in our sole discretion without notice.  While we endeavor to keep this Website’s description of our products and related services up to date, you should verify this information with your local dealer.  To locate your closest dealer, visit www.doosanportablepower.com and click on dealer locator.  We will not be liable if for any reason, all or any part of the Website is unavailable at any time or for any period.

Description
The Website contains information regarding our product and services, including advertising, our trademarks, pictures, information, digital images, featured articles and other content (collectively, “Content”), all of which is protected under copyright law and/or other federal and state laws.  Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. We invite you to view, use and download small portions of the Content for your informational, non-commercial use in accordance with these Terms of Use.

Scope of Use/Intellectual Property Rights
The Website and its entire Content 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 Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivate works of, publicly display, publicly perform, republish, download, store or transmit any of the material of our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print one copy of a reasonable number of pages of the Website 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, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features (Facebook, Twitter, YouTube) with certain content, you make take such actions as are enabled by such features.


You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.


You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website 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 terms “Doosan,” “Bobcat”, and “Doosan” and “Bobcat” logos 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 the prior written consent of the Company.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• 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 US 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 standards of Content set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.


Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the Website.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working

User Submissions
By submitting Content to this Website (such as feedback), you grant to us a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such Content for any purpose, and waive any moral rights and publicity rights in such Content.  Each user of this Website is responsible for: (a) the Content that he or she creates and submits to this Website and the consequences of its use or submission; (b) ensuring that the Content that the user transmits and receives through this Website complies with all applicable laws and regulations (including those relating to export control) and these Terms of Use; and (c) ensuring that all Content that the user transmits to this Website is accurate, truthful, up-to-date and complete. 

We may preserve any Content that any user submits and may disclose such Content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Website users, the public and us.  We do not pre-screen the Content you submit to this Website, and we will not be responsible for policing, monitoring or editing such Content. We have the right, but not the obligation, to monitor such Content and use of this Website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies and procedures of the Company.  We shall have the right it our sole discretion to refuse to post or remove any Content on this Website.

Geographic Restriction
The owner of this Website is based in the State of North Carolina in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

The Company’s products and services described on this Website contain uniquely American specifications and equipment and are offered only in the continental U.S.A.  The Company may choose to list manufacturer suggested retail pricing or promotion pricing of its products and services.  The Company reserves the right to change product prices, specifications or options at any time without obligation.  The advertised process do not include freight, dealer prep, surcharges, sales tax or options and accessories.  Your dealer will determine the final price.  Pricing is country-specific.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  THE COMPANY HEREBY 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 on 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 Website, including, but not limited to, your Content submission, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Links
This Website may contain links to websites operated by other third parties.  The linked sites are not under the control of the Company, and the Company is not responsible for the content available on any other Internet sites linked to this Website.  Such links do not imply our endorsement of material on any other site, and the Company disclaims all liability with regard to your access to such linked sites.  We provide links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk.
Unless otherwise set forth in a written agreement between you and the Company, you may link your website to the home page of our Website, provided that you adhere to the following linking policy: (i) any link to our Website must be a text only link and clearly marked “Doosan Portable Power Website”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company’s name and trademarks; (iii) the link must “point” to the URL www.doosanportablepower.com and not to other pages within the Website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the  Company; (v) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site; and (vi) the Company reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail
E-mail submissions over the Internet may not be secure.  Please consider this fact before e-mailing any personal or confidential information.

Violations
The Company reserves the right to seek all remedies available at law and in equity for violation of these Terms of Use, including suspending or blocking your access to this Website.

Governing Law and Arbitration
The laws of the State of North Carolina shall govern these Terms of Use, without reference to its choice of law rules.  Any controversy or claim arising out of these Term of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration or with any claim or controversy of any other party.  The arbitration shall be conducted in Iredell County, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  Notwithstanding anything to the contrary in the foregoing, the Company may obtain from a court any interim or provisional relief that may be necessary to protect the Company’s rights or property.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver of 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 or condition or a waiver of any other term or condition, 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 or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, 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 sole and entire agreement between you and Clark Equipment Company d/b/a Doosan Infracore Portable Power with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Questions
If you have any questions about our Terms of Use, please use our Contact Us page.

Thank you for visiting the Website.