MHS Lift Terms of Use

Welcome to the website of Material Handling Supply, Inc. ("MHSLift").  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of MHSLift.com, including any content, functionality and services offered on or through MHSLift.com (the “Site”), whether as a guest or a registered user.  MHSLift owns and operates this website.  By visiting, using and/or submitting information to the Site, you agree to be bound by the terms and conditions of these Terms of Use and MHSLift's Privacy Statement (the “Privacy Statement”).

 

These Terms of Use contain disclaimers of warranties and liability.  Please read these Terms of Use carefully before you start to use the Site.  By using the Site, you accept and agree to be bound and abide by these Terms of Use.  You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.

 

You represent that you have the capacity to be bound by these Terms of Use, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.  In order to determine your compliance with these Terms of Use, MHSLift may monitor your access and use of the Site in accordance with MHSLift’s Privacy Statement.  If you do not wish to agree to these Terms of Use, you must not access or use the Site. 

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.  Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time as you use or access this Site so you can be aware of any changes, as they are binding on you.

 

The Site is Not Intended for Minors

 

The Site is intended to be accessed and used only by adults and is not directed to minors. As stated in MHSLift’s Privacy Statement, MHSLift does not knowingly collect personally identifiable information for anyone under the age of 13.  You should not provide MHSLift with any information regarding yourself if you are (or any other individual) under the age of 13. 

 

Access and Use of the Site

 

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Privacy Statement.

 

Your access and use of the Site may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that MHSLift, in its sole discretion, may elect to take. MHSLift reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.

 

Any action by you that, in MHSLift's sole discretion: (i) violates the terms and conditions of these Terms of Use, the Privacy Statement, and/or any other agreement between you and MHSLift; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site.  You shall not metatag, provide links to or frame the Site without MHSLift’s prior express written permission.

 

Customer Account

 

Certain services offered on or through the Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify MHSLift immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by MHSLift or any other user of the Site due to someone else using your password or account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.


MHSLift reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

 

Consent to Collection, Use and Disclosure of Your Personal Information.

 

You must disclose certain information about you (“Personally Identifiable Information”) to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Statement and consent to the collection, use and disclosure of your Personally Identifiable Information as described in our Privacy Statement. Our Privacy Statement's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Statement prior to making any initial or subsequent purchases.

 

While MHSLift takes reasonable steps to safeguard and to prevent unauthorized access to your Personally Identifiable Information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MHSLIFT OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONALLY IDENTIFIABLE NNFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MHSLIFT WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

Conditions of Sale and Payment Terms

 

To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

 

Methods of Payment, Credit Card Terms and Taxes

 

All payments must be made by VISA, MasterCard, Discover, American Express, PayPal, certified check or cashier's check. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT MHSLIFT, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MHSLift of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If MHSLift does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MHSLift or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. MHSLift shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within states or localities that it deems is required.

 

Order Acceptance Policy

 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MHSLift reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by MHSLift upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order.

 

Returns and Refund Policy

 

You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Item also needs to have the receipt or proof of purchase.

 

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of you refund after inspecting the item.  If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

 

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

Product and Service Information

 

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. In addition, it is possible that certain items on the Site may be mispriced or unavailable, and MHSLift may experience lags in uploading updates throughout the Site and in MHSLift’s advertising on other websites.

MHSLift cannot and does not guarantee the accuracy, completeness and reliability of information on the Site, including prices, product images, specifications, availability and services.  The publication of any price does not guarantee that such price is available for the product or service at the time you seek to purchase it.  Unless otherwise, stated prices do not include taxes, fees, transportation charges, licensing, surcharges, fuel charges or other ancillary, related or additional changes that may be related to the transaction.  MHSLift reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. All descriptions, images, references, features, content, specifications, products, services, and prices on the Site are subject to change at any time without notice.

 

Errors on the Site

 

Some information may be missing or inaccurate, and may be considered invalid and not honored, in MHSLift’s sole discretion.  Daily changes in inventory may result in the unavailability of certain items listed for sale on the Site.  MHSLift reserves the right to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MHSLift will issue a credit to your credit card account in the amount of the charge.

 

Modification to Pricing or Billing Terms

 

MHSLIFT RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

 

Termination of Use

 

MHSLift may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account at any time and for any reason, including without limitation: (i) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (ii) overcoming software security features limiting use of or protecting any Content, (iii) discontinuance or material modification of the Site or any service offered on or through the Site, (iv) violations of this Terms of Use, (v) failure to pay for purchases, (vi) suspected or actual copyright infringement, (vii) unexpected operational difficulties, or (viii) requests by law enforcement or other government agencies. You agree that MHSLift will not be liable to you or to any third party for termination of your access to the Site.

 

MHSLift's Intellectual Property Rights

 

MHSLift’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MHSLift in the United States and/or other countries (collectively, the “Proprietary Marks”).  You may not use the Proprietary Marks without the prior express written permission of MHSLift, which permission may be withheld in MHSLift's sole discretion. MHSLift makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.

 

The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by, or otherwise licensed to, MHSLift or its Content suppliers.  MHSLift also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of MHSLift or its software vendors and is protected by United States and international copyright laws.  Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.  

 

You shall be solely responsible for any damage resulting from your infringement of MHSLift's or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by MHSLift or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms of Use.

Use of the Content

 

No copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms of Use, is permitted by you without the express prior written permission of MHSLift, which permission may be withheld in MHSLift's sole discretion.

 

Access and Interference

 

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without MHSLift’s express written permission which may be withheld in MHSLift’s sole discretion.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in MHSLift’s sole discretion an unreasonable or disproportionately large load on MHSLift’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your Personally Identifiable Information) from the Site without the prior written permission of MHSLift and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass MHSLift’s robot exclusion headers or other measures MHSLift may use to prevent or restrict access to the Site.  Notwithstanding the foregoing, MHSLift grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site, but not caches or archives of such materials.  MHSLift reserves the right to revoke these exceptions either generally or in specific cases.  You shall not collect or harvest any personally identifiable information, including account names, from the Site.  You shall not use any communication systems provided on the Site (such as email) for any commercial or solicitation purposes.  You shall not solicit for commercial purposes any users of the Site without MHSLift’s express, written permission, which permission may be withheld in MHSLift’s sole discretion.

 

Prohibited Uses

 

You may use the Site only for lawful purposes and in accordance with these Terms of Use.  You may not use the Site: (i) in any way that violates any applicable federal, state, local or international law or regulation (including without limitation, any laws regarding export data or software to and from the US or other countries); (ii) 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; (iii) to transmit or procure or sent any advertising or promotional material including any junk mail, chain letter, spam or other solicitation; and (iv) to impersonate MHSLift or a MHSLift employee or any user or any other person or entity.

 

You further agree not to: (i) use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site; (ii) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (ii) use any device, software or routine that interferes with the proper working of the Site; (iv) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (v) attack the Site via a denial-of-service attack or a distributed denial-of-service attack.    

 

Electronic Communications

 

When you visit the Site or send email to MHSLift, you are communicating with MHSLift electronically.  You consent to receive communications from MHSLift electronically.  Although MHSLift may choose to communicate with you by regular mail, MHSLift may also choose to communicate with you by email or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that MHSLift provides to you electronically satisfy any legal requirement that such communications be in writing.

 

Third Party Links

 

There may be provided on the Site links to other websites belonging to MHSLift’s advertisers, business partners, affiliates, and other third parties.  Such links do not constitute an endorsement by MHSLift of those websites, nor the products or services listed on those websites.  MHSLift is not responsible for the activities or policies of those websites.  MHSLift does not endorse or recommend the products or services of any particular advertiser, business partner, affiliate or other third party.  MHSLift does not guarantee that the terms, prices or rates offered by any particular advertiser, business partner, affiliate, or other third party on the Site are the best terms, best prices or lowest rates available in the market. You acknowledge and agree that these third parties are solely responsible for any products or services they may provide to you and that MHSLift shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a third party’s products or services. 

 

Mobile Devices

 

For aspects of the Site accessible via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of these Terms of Use and other agreements within the application apply to your use of such mobile application.

 

MHSLift Makes No Representations or Warranties Regarding the Content

 

THE SITE AND ALL CONTENT ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS.  MHSLIFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON OR ASSOCIATED WITH THE SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

 

The Site is controlled and offered by MHSLift from MHSLift’s facilities in the United States of America.  MHSLift makes no representations that the Site is appropriate or available for use in other jurisdictions.  If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

 

STATEMENT REGARDING PRODUCT AND SERVICES WARRANTIES AND RETURN POLICY (BASED ON STANDARD PRODUCT AND SERVICES WARRANTY LANGUAGE)

 

Limitations on MHSLift's Liability

 

MHSLIFT SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY COST, EXPENSE, LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MHSLIFT AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THESE TERMS OF USE.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT MHSLIFT SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

 

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

 

Indemnification of MHSLift

 

You shall defend, indemnify and hold harmless MHSLift and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by MHSLift; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings; and/or (vi) any personal injury or property damage caused by you.

 

MHSLift's Remedies

 

You acknowledge that MHSLift may be irreparably damaged if these Terms of Use is not specifically enforced, and damages at law may be an inadequate remedy. Therefore, in the event of such a breach or threatened breach of any provision of these Terms of Use by you, MHSLift shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or MHSLift shall be entitled to a decree for specific performance of the provisions of these Terms of Use. 

 

You agree that any action or proceeding under these Terms of Use shall be brought in the state or federal courts located in Camden County, New Jersey. You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

 

Miscellaneous

 

If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that is unlawful, void or unenforceable shall be stricken from these Terms of Use.


The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.

 

All covenants, agreements, and representations made in these Terms of Use, as may be amended by MHSLift from time to time, shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.

 

These Terms of Use and the Privacy Statement represent the entire understanding and agreement between you and MHSLift regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.  To the extent that these Terms of Use conflicts with the terms of any vehicle rental, vehicle purchase, vehicle lease, maintenance service, vehicle warranty, or other agreements entered into by and between you and MHSLift in connection with your purchase of goods or services, then the terms of such agreements shall prevail. 

 

If you have questions, comments, concerns or feedback regarding these Terms of Use or the Site, please contact MHSLift at webmaster@MHSLift.com.