JLG's Website Terms of Use

Effective date: May,2020

JLG Industries, Inc., its affiliates and subsidiaries (collectively "JLG") welcomes you. The following Terms of Use Agreement ("Site Usage Terms") governs your access to and use of our websites www.JLG.com, Onlineexpress.jlg.com, JerrDan.com, Onlineexpress.jerrdan.com, and JLG mobile applications, where applicable (collectively, the "Site”). Please review these Site Usage Terms carefully. By accessing and using the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. If you do not agree with these Site Usage Terms or our JLG’s Website Privacy Policy, you must not use the Site.

Capacity to Contract

The Site is available only to individuals and/or entities acting in a professional capacity (non-consumers). If you are acting on behalf of another person or entity, you represent and warrant that such person or entity has authorized you to act and enter into legally binding contracts on its or his/her behalf. Without limiting the foregoing, (i) minors in any jurisdiction, as described below or (ii) individuals and/or entities who have been suspended from the Site may not use the Site.

The Site is not intended for anyone under the age of 16, and JLG does not knowingly collect personal information from children under 16. In the event that JLG learns that it has collected personal information from a child under the age of 16, without parental consent, JLG will delete that information and otherwise comply with the requirements of any applicable law including the Children’s Online Privacy Protection Act. If you believe that JLG might have any information from or about a child under the age of 16, please contact us at info@jlg.com or via telephone at (717) 485-5161.

Registration

Registration may be required to use certain features of the Site. JLG reserves the right, in its sole discretion, to deny any request to become a registered user (a "Registered User") and to suspend or terminate a Registered User’s authorization to use the Site at any time and for any reason. By navigating or, if applicable, registering with the Site, you agree to comply with these Site Usage Terms, JLG’s Website Privacy Policy and, when buying equipment through the Site, with the Buyer Terms and Conditions. You represent and warrant that (i) all information provided to JLG is accurate and complete and (ii) you will update such information so that it is kept current, accurate and complete at all times. You acknowledge and accept that JLG may contact you using the contact information you provide during registration and that you may incur wireless charges, depending upon the method of communication, which charges are your sole responsibility.

Login ID, Password

You are solely responsible for protecting the confidentiality of your sign-in ID and password and for all use of your Site account. You agree to notify JLG immediately of any unauthorized use of any login ID and/or password or any other breach of security regarding the Site. JLG has implemented commercially reasonable technical and organizational measures designed to protect your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, JLG cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Compliance with Law; Prohibited Uses

You agree to comply with all applicable laws and regulations regarding your use of the Site and such further limitations as may be set forth in any written or on-screen notice from JLG. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree not to engage in any of the following prohibited activities:

1. copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping";

2. using any automated system, including without limitation "robots", "spiders", “avatars”, “intelligent agents”, "offline readers", etc., to navigate or search the Site other than the search engine and search agents available from JLG on the Site or generally available third party web browsers, or to access the Site in a manner that sends more request messages to JLG's servers than a human can reasonably produce in the same period of time by using a conventional online web browser;

3. attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;

4. taking any action that imposes, or may impose (in JLG’s determination) an unreasonable or disproportionately large load on the Site’s infrastructure;

5. uploading invalid data, viruses, worms, or other software agents through the Site;

6. collecting or harvesting any personally identifiable information, including, but not limited to, account names and email addresses, from the Site;

7. using the Site for any commercial solicitation purposes;

8. impersonating another person or otherwise misrepresenting your affiliation with a person or entity or identity, conducting fraud, hiding or attempting to hide your identity;

9. allowing any other person to use your username or password for posting or viewing comments or sending or receiving materials;

10. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; or

11. bypassing the measures we may use to prevent or restrict access to the Site.

JLG reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

Prohibited Material

Without limiting the foregoing, you agree not to transmit, distribute or communicate information or other material to or through the Site that: (a) is copyrighted, unless you are the copyright owner; (b) reveals trade secrets, unless you own them; (c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by JLG in its sole discretion; (e) is sexually-explicit; (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

User Information and Website Privacy Policy

JLG seeks to protect the privacy of your personally identifiable information in accordance with the terms of JLG’s Website Privacy Policy. Please see JLG’s Website Privacy Policy, incorporated herein by reference, for more information about our collection, use and protection of your personal information. In the event you share another party’s information with JLG, you confirm that you have the proper authorization under the relevant data privacy laws to make such disclosure to JLG. 

Third Party Links

The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by JLG. Where JLG provides such third-party links, JLG makes no representations or endorsements in connection with such sites, and their status as third party links may not always be disclosed. JLG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. JLG EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE THIRD PARTY WEBSITES AND THEIR CONTENT. YOU EXPRESSLY RELIEVE JLG FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE OR SERVICES OR THIRD PARTY OWNED CONTENT. If you decide to access those third party websites, you do so at your own risk and understand that these Site Usage Terms and JLG's Website Privacy Policy do not apply to your use of such sites. Additionally, if applicable, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that JLG shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third party website or service that you visit.

Changes to Site Usage Terms

JLG may update these Site Usage Terms from time to time. The effective date of the current Site Usage Terms is noted at the top of this page and any updated version of the Site Usage Terms will reflect the updated effective date. JLG encourages you to periodically review this page for the most current version of Site Usage Terms. Your continued use of the Site will constitute your acceptance of the updated Site Usage Terms. If you do not agree to be bound by the updated Site Usage Terms, you are instructed to cease any further use of the Site.

Modifications to Site

JLG may, at any time, delete, modify or supplement the content of this Site without prior notice. JLG reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. JLG may also impose limits on certain features of the Site or restrict your access to all or part of the Site without notice or penalty.

Monitoring

Subject to any applicable limitations under law and as provided in JLG’s Website Privacy Policy, you agree that JLG has the right, but not the obligation, to monitor at any time, for any reason in its sole discretion, all material and content on the Site and usage of the Site.

Copyright and Trademarks

All copyright rights in the text, images, photographs, graphics, videos, user interface, and other content provided on the Site, and the selection, coordination, organization, design, compilation, magnetic translation, digital conversion, and arrangement of such content, are owned by JLG or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of JLG or any third party.

The Site and the information contained in reference herein are for informational purposes only. You are hereby authorized to download information from this Site for the sole purpose of viewing. Any other use or reproduction, copying, redistribution or publication by you of any such matters on JLG’s Site, including any derivative works, is strictly prohibited without the express written consent of JLG.  Requests for permission to reproduce any information contained on this Site should be addressed to info@jlg.com.

Notwithstanding the above, JLG authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site provided that the copy is used solely for non-commercial, personal, internal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Site. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from JLG is prohibited.

Copyright Infringement

If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and email address); (e) a statement that you have good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Disclaimer

JLG does not guarantee continuous, uninterrupted or secure access to its Site, and your access to and the operation of this Site including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or aspects of an advertisement, which may be affected by numerous factors outside of JLG’s control. In addition, JLG does not represent or endorse the accuracy or reliability of any of the information contained in this Site. While the information contained herein is believed to be accurate, it may include errors, inaccuracies or omissions. You hereby acknowledge that reliance upon any of the information contained herein shall be at your sole risk and JLG shall not be liable for any errors, inaccuracies or omissions contained herein. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ANY APPLICABLE SERVICES, PROVIDED BY OR THROUGH JLG ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHETHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JLG BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, DATA BREACH, LOSS OF DATA, IDENTITY, PRIVACY OR CONFIDENTIALITY, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF JLG OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law and Venue

The Site Usage Terms shall be governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, does not apply. You and JLG expressly agree to submit to the exclusive jurisdiction and venue of the state or federal courts in the Commonwealth of Pennsylvania, United States of America, in all disputes arising out of or relating to the use of this Site.

Termination

Without limiting any other remedies, JLG shall have the right to suspend or terminate your access to the Site and features to which you may have registered at any time, without notice, in JLG’s sole discretion for any reason, with or without cause, including, without limitation, if JLG determines that you have violated the Site Usage Terms hereof.

Notices

Any notice to JLG regarding your use of the Site must be in writing and must be sent via email to info@jlg.com. If applicable, any notice to you shall be given by email to the email address provided by you during registration, as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.

Severability and Integration

These Site Usage Terms, JLG’s Website Privacy Policy, and any other agreement referenced herein, constitutes the entire agreement between you and JLG and govern your use of this Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and JLG. If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by JLG to exercise or enforce any rights or provisions of these Site Usage Terms, or respond to a breach by you or other parties, shall not constitute a waiver of such right or provision, or to act with respect to other breaches. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. In the event a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, JLG does so solely for your convenience.

Indemnification

Upon a request by JLG, you agree to defend, indemnify and hold harmless JLG and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of information or material you submit to or transmit through this Site, your use of the Site, your violation of these Site Usage Terms or your violation of any rights of another.

Securities Laws

This Site contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. These forward-looking statements may involve certain risks and uncertainties, which could cause actual results to differ materially, including cyclical demand, a consolidating customer base, product liability, availability of product components, the difficulty of integrating two business organizations and achieving potential business and operational synergies and other risks, as detailed in reports filed with the Securities and Exchange Commission by JLG. JLG’s Site and the information contained herein does not constitute an offer or a solicitation of an offer for a sale of securities. None of the information contained in this Site is intended to be, and shall not be deemed to be, incorporated into any of JLG’s securities related filings or documents. JLG disclaims any intention or obligation to update these forward-looking statements.

No Professional Advice

Any information supplied by any employee or agent of JLG, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Site, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and JLG as a result of these Site Usage Terms or your use of this Site. Nothing contained in these Sit Usage Terms is in derogation of JLG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by JLG with respect to such use. A printed version of these Site Usage Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Usage Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.