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Privacy Policy

DAILY EQUIPMENT COMPANY INC., (“DEC”) offers this web site, including all information, software, products, accounts and services available from this web site or offered as part of or in conjunction with this web site (the “Web Site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated herein. DEC reserves the right to make changes to these Web Site Terms and Conditions of Use and Privacy Policy (“Terms and Conditions”) immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web Site constitutes your agreement to all such terms, conditions, policies and notices, and any changes to these Terms and Conditions made by DEC.

The terms “DEC” and “DAILY EQUIPMENT COMPANY INC.” shall refer to and include the Web Site of DEC. When used in these Terms and Conditions, wherever you have agreed to indemnify DEC, or agreed that DEC shall have no liability, the term “DEC” shall include all of DEC’s directors, shareholders, officers, employees and agents. When used in these Terms and Conditions, the terms “we” and “our” refer to DEC and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses the Web Site.
Use of the Web Site
As a condition to your continued use of the Web Site, you warrant to DEC that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
You may access and use the Web Site solely in accordance with these Terms and Conditions. You will strictly adhere to all laws, rules, regulations and DEC policies applicable to the access and use of the Web Site, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:
• Access, acquire, copy or monitor any portion of the Web Site, or in any way reproduce or circumvent the navigational structure or presentation of the Web Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Web Site, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
• Attempt to gain unauthorized access to any portion or the Web Site, or any other systems or networks connected to the Web Site or to any server, including by hacking, password “mining” or any other illegitimate means.
• Probe, scan or test the vulnerability of the Web Site or any network connected to the Web Site, nor breach the security or authentication measures on the Web Site or any network connected to the Web Site.
• Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web Site, or any other customer of DEC, including but not limited to personal identification or information.
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or DEC’s systems or networks, or any systems or networks connected to the Web Site or to DEC.
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site, any transaction being conducted on the Web Site, or with any other person’s use of the Web Site.
• Distribute viruses or any other technologies that may harm DEC or the interests of property any other person or entity, including any other user of the Web Site.
• Circumvent or manipulate any applicable fee structure, billing process or fees owed to DEC, its suppliers or its business associates.
• Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to DEC on or through the Web Site.
• Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• Use the Web Site for any purpose that is unlawful, prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DEC or others.
No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, TITLE OR NON-INFRINGEMENT. DEC MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither DEC nor its directors, shareholders, officers, employees, volunteers, agents, third-party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative of DEC has the authority to create any warranty regarding the Web Site on behalf of DEC. DEC reserves the right to change or discontinue at any time any aspect or feature of the Web Site.

Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DEC OR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO DEC OR ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, VOLUNTEERS OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD DEC, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, AFFILIATED COMPANIES, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR USE OF THE WEB SITE, OR ANY CONTENT, PRODUCT OR SERVICE OFFERED THROUGH THE WEB SITE, IN A MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE THESE TERMS AND CONDITIONS. DEC SHALL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, SUIT OR PROCEEDING AND SHALL REASONABLY COOPERATE WITH YOU, AT YOUR EXPENSE, IN YOUR DEFENSE OF ANY SUCH CLAIM, SUIT OR PROCEEDING. NO SUCH CLAIM MAY BE SETTLED BY YOU WITHOUT DEC’S CONSENT.
Featured Links and Advertisements
The Web Site may contain hyperlinks to web sites offered by parties other than DEC, including its affiliates and subsidiaries. Such hyperlinks are provided for your reference and convenience only. DEC is not responsible for the privacy practices or the content of such web sites, nor does DEC’s inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with DEC (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this Web Site, DEC does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this Web Site, including any sponsors of all or part of this Web Site.
DEC does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to DEC’s control. To ensure protection of your privacy, always review the privacy policy of the web sites you may visit by linking from the Web Site.
Linking
Linking to any page of the Web Site other than to http://www.provispreview.com/clients/dailyeq through a plain text link is strictly prohibited without the prior written consent of DEC. Any website or other device that links to http://www.provispreview.com/clients/dailyeq is prohibited from (a) replicating content, (b) using a browser or border environment around the content, (c) implying in any fashion that DEC or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with DEC or any of its affiliates, and (e) presenting false information about DEC products or services.
Software Available on Web Site
Any software that is made available to download from this Web Site is the copyrighted work of DEC and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, DEC hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by DEC in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web Site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of the copyright owner. None of the material contained on the Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of DEC. Violation of this provision may result in severe civil and criminal penalties.
• You acknowledge and agree that DEC owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights”) in connection with or relating to the Web Site and its contents, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such contents or contained on the Web Site.
• You acknowledge and agree that you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to the Web Site or its contents.
• You acknowledge and agree that DEC owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to DEC’s Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in DEC, including without limitation assigning (and you hereby assign) to DEC all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to your revisions to the Web Site or its contents.
Submissions
Do not use this Web Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in these Terms and Conditions or in a written agreement with DEC applicable to your particular use of the Web Site, any submission of materials by you will be considered a contribution to DEC for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to DEC, or postings on this Web Site, are non-confidential (subject to DEC’s Privacy Policy) and shall become the sole property of DEC. DEC shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to DEC, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials.
You may make single copies of materials displayed on the Web Site for your own personal use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not copy, transmit, distribute, modify, publicly perform, reuse, sell or display any of the Web Site’s content for any public or commercial purpose except with the prior written consent of DEC or the copyright owner of the copied material. Requests to reproduce materials on the Web Site for distribution or other purposes should be mailed to:
DAILY EQUIPMENT COMPANY INC.
c/o Mitsubishi Caterpillar Forklift America Inc.
PJ Malak, Secretary & General Counsel
2121 W. Sam Houston Parkway North
Houston, TX 77043
pj.malak@mcfa.com

Trademarks
“DEC” and “DAILY EQUIPMENT COMPANY INC.” are trademarks of DEC and are protected by state and federal trademark laws. Other trademarks (including but not limited to MITSUBISHI, CATERPILLAR, JUNGHEINRICH, KALMAR AND PROMATCH) appear on the Web Site with permission from their respective owners. You are not authorized to use any of these trademarks by your access to this Web Site. Please contact DEC for any necessary consent. Your unauthorized use of trademarks appearing on the Web Site may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
DEC reserves the right to terminate your privilege of using all or any portion of the Web Site if you breach any of these Terms and Conditions. If DEC receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, DEC may terminate your access to the Web Site, including all of your privileges or accounts that you may have established in connection with the Web Site. However, our failure to act with respect to a breach by you or others of the Terms and Conditions does not waive our right to act with respect to subsequent or similar breaches.
Upon termination of your rights to access this Web Site, you will cease all use of the Web Site and the contents thereof, destroy all copies of the contents, and will not attempt to re-access the Web Site under a different name or address. The provision of the Terms and Conditions under the headings No Warranties, Exclusion of Liability, Indemnification, Import and Export Compliance, and Jurisdiction, shall survive any termination of your rights to access the Web Site and under these Terms and Conditions.
Passwords and Account Information
You agree and understand that you are responsible for maintaining the confidentiality of passwords and/or account information. Accordingly, you agree that you will be solely responsible to DEC for all activities that occur under your account through this Web Site. If you become aware of any unauthorized use of your password or of your account, you agree to notify DEC immediately.
Copyright Infringement
DEC will not tolerate copyright infringement of any kind. DEC does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web Site infringes your copyright, you may seek to have the material removed by sending DEC notice that includes all of the following information:
• Your full name, address and telephone number;
• Your e-mail address;
• Identification of the copyrighted work(s) that you believe is being infringed;
• Identification of the infringing material and information sufficient for DEC to locate the material;
• Your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner; and
• Your physical or electronic signature.

Direct such notice to DEC’s designated agent for receiving copyright infringement notices:
DAILY EQUIPMENT COMPANY INC.
c/o Mitsubishi Caterpillar Forklift America Inc.
PJ Malak, Secretary & General Counsel
2121 W. Sam Houston Parkway North
Houston, TX 77043
pj.malak@mcfa.com

Upon receipt of notice complying with the above requirements, DEC will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web Site.
If DEC removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying DEC’s designated agent in writing and including the following information:
• Your full name, address and telephone number;
• Your e-mail address;
• Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled;
• Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
• Your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for Mississippi (where DEC may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent; and
• Your physical or electronic signature.
Upon receipt of a notice meeting the above requirements, DEC will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, DEC will replace or enable access to the removed material unless DEC receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to DEC and/or the copyright owner or the Web Site user.
Community Forums
DEC may provide groups, forums, blogs, chat rooms, message boards, private e-mail options, and other public or restricted posting areas or community forums in which users may post messages or provide content (collectively referred to herein as “Community Forums”) on the Web Site. If DEC provides any such Community Forum or if you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. DEC does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Web Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
• Do not disrespect the privacy and views of others;
• Do not use the Community Forums for spamming, junk mail, bulk mailing (more than 500 recipients), advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process;
• Do not post obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false information;
• Do not post blatant expressions of bigotry, racism or hate, material encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority, or any other material which DEC finds objectionable;
• Do not post any instructional information or messages encouraging or promoting suicide, or other harm to oneself or others or facilitating illegal conduct;
• Do not use the Community Forums for unlawful purposes;
• Do not impersonate another person including, without limitation, a DEC employee, agent or service provider or another member;
• Do not allow any other person or entity to use your identification to post or view comments;
• Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others;
• Do not circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of DEC;
• Do not engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• Do not interfere with, disrupt, or create an undue burden on the Web Site or the networks or services connected to the Web Site;
• Do not engage in any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, updates or blogs;
• Do not use any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Web Site for the purposes of sending unsolicited or unauthorized material; and
• Do not violate any guidelines which may be posted for any or all Community Forums.
DEC reserves the right to record dialogue in Community Forums. DEC is not responsible for screening or monitoring material posted by you or any other person or entity. If notified by a user of communications that are alleged not to conform to these Terms and Conditions, DEC may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. DEC reserves the right to remove communications that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms and Conditions. DEC reserves the right (but is not obligated) to delete any communications posted on the Web Site, regardless of whether such communications violate these Terms and Conditions.
Furthermore, DEC reserves the right (but is not obligated) to monitor or disclose any type of posting on the Community Forums for adherence to these Terms and Conditions, if required in the course of normal operations and maintenance of the Web Site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of DEC or others; or (iii) act in an emergency to protect the personal safety of our users or the public. DEC HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
If DEC offers the option of private email messages between users through a Community Forum or elsewhere on its Web Site, DEC may not be able to monitor the content of those communications from a technical standpoint, and does not plan to monitor those communications, so users should be particularly aware of the risks of inappropriate content. DEC shall have no responsibility or liability for private email messages among users, or any consequences arising from such messages.
DEC reserves the right to employ filters to automatically screen out postings or information which DEC deem inappropriate based on search terms it has chosen to “flag” inappropriate content (which may include some personally identifiable information in DEC’s discretion).
DEC does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Any public or restricted Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the internet does not mean it is in the public domain. The vast majority of materials on the internet are protected by copyright and trademark laws. DEC shall have the right, but not the obligation, to monitor any Community Forum areas of the Web Site to determine compliance with these Terms and Conditions and any other operating rules that may be established by DEC from time to time.
By posting messages or other material in any Community Forum areas of the Web Site, you are granting to DEC and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
Through your use of the DEC Community Forums, you are agreeing to all of the aforementioned terms and conditions for such Community Forums contained herein.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DEC AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS, AFFILIATED COMPANIES, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS AND SUPPLIERS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR USE OF ANY COMMUNITY FORUMS OR USE BY OTHERS OF ANY COMMUNITY FORUMS WITH RESPECT TO YOU, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF LIBEL, DEFAMATION, HARASSMENT, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE OR INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS, OR VIOLATION OF THESE TERMS AND CONDITIONS.
U.S. Government Rights
The Sites and Content are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Import and Export Compliance
You may not use or otherwise export or re-export the Web Site or its contents except as authorized by United States law. In particular, but without limitation, the Web Site and its contents may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that your access and use of the Web Site and its contents will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use the Web Site or its contents for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear weapons, missiles, or chemical or biological weapons.
Notices
Any notices or communications to you shall be in writing and shall be deemed delivered (1) on the delivery date if transmitted by electronic mail at the electronic mail address you have provided to DEC; (2) on the posting date to a Web Site designated in advance by DEC for this purpose; (3) on the delivery date if delivered personally to the party, or a representative of the party; (4) on the delivery date if transmitted by confirmed facsimile; (5) one business day after deposit with a commercial overnight carrier, with written verification of receipt; or (6) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested.

General Agreement
These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and DEC with respect to use of the Web Site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. DEC reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location on the Web Site. By continuing to use the Web Site, you are agreeing to all changes made by DEC. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The Web Site is controlled and operated by DEC from its principal office in the State of Mississippi, United States of America. DEC makes no representation that materials on the Web Site are appropriate or available for use in other locations. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web Site is not intended to subject DEC, or any content providers to this Web Site, to the laws or jurisdiction of any state, country or territory other than the State of Mississippi and the United States of America.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Mississippi, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue of the state courts and federal courts located within Hinds County, Mississippi to resolve any claim or dispute arising out of or based upon the Web Site, or these Terms and Conditions, and you hereby appoint the Secretary of State of the State of Mississippi as your registered agent for service of process upon you.
You agree that you will not assert against DEC any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms and Conditions that relates to, or asserts as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts on which any claims are based were known to you, or could, with the exercise of reasonable diligence, have been known to you.

PRIVACY POLICY
For each visitor to the Web Site, DEC’s servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for Web Site traffic audits. We may provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers or sponsors.
DEC may place a “cookie” on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web Site. DEC uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so DEC can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
DEC may, in the course of providing services through the Web Site, ask you to disclose voluntarily certain information about yourself. This could include information that identifies you. Any information in DEC’s possession solely as a result of your use of the Web Site and that is associated with you is considered “Personal Information.” It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web Site (e.g. the fact that you have bought services through the Web Site). “Personal Information” does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the Web Site (either generally, or in areas available to only some visitors) or otherwise publicly disclosed.
DEC uses Personal Information only for purposes necessary to provide the Web Site and other products and services to you. These purposes are:
• To process requests or orders related to DEC’s services;
• To perform such normal business operations as billing, collecting and accounting;
• To allow third party service providers to assist DEC in providing services or products to you;
• To distribute such information to DEC affiliate’s worldwide, to potentially assist in marketing or provision of services (e.g., notify the applicable DEC dealer in your service region that you are interested in DEC products or services);
• To personalize the Web Site based on your needs; and
• To investigate complaints and to protect the Web Site, DEC and Web Site users, as provided by law or in case of emergency, as determined by legal counsel for DEC.

Except as necessary to process your requests or orders, or for future marketing by DEC or its affiliates, or for other legitimate business purposes, DEC does not rent, sell, barter or give away any lists containing Personal Information for use by any unrelated outside company. DEC also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.
Opt Out Procedures
You may always opt out of receiving future mailings or other information from DEC. If the mailing does not have an e-mail cancellation form, send e-mail to pj.malak@mcfa.com detailing the type of information that you no longer desire to receive.
Children’s Privacy
This Web Site does not intend to market any products or services to children under thirteen (13) years of age. DEC does not knowingly collect personal information from children under thirteen (13) years of age through this Web Site (this includes Personal Information described above as well as persistent identifiers, such as IP address and cookies, except for support of internal operations of the Web Site). By using this Web Site you represent that you are not under thirteen (13) years of age.
Contacting Us
If you have any questions about these Terms and Conditions, the practices of the Web Site, or your dealing with DEC, you may contact us at:

DAILY EQUIPMENT COMPANY INC.
c/o Mitsubishi Caterpillar Forklift America Inc.
PJ Malak, Secretary & General Counsel
2121 W. Sam Houston Parkway North
Houston, TX 77043
pj.malak@mcfa.com

Contact Us