TERMS OF USE
This website is an online information and communication service provided by Dayton Manufacturing Company. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Dayton Manufacturing Company reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Dayton Manufacturing Company retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This website provides links to many other websites affiliated with Dayton Manufacturing Company that may have a Terms of Use Policy different from, or in addition to, the Terms of Use specified herein, particularly in the case of websites hosting third-party content or that allow postings by third-parties. By accessing such websites through links provided on this website, you agree to abide by each applicable Terms of Use policy as therein specified.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Dayton Manufacturing Company at 3327 Elkton Avenue, Dayton, Ohio 45403. The phone number is (937) 253-2142. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Dayton Manufacturing Company or by other parties that have licensed their material to Dayton Manufacturing Company. Material on daytonmanufacturing.com or any website owned, operated, licensed or controlled by Dayton Manufacturing Company is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Dayton Manufacturing Company. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use, is a violation Dayton Manufacturing Company's copyrights, trademarks and other proprietary rights, and is prohibited.
LINKS
This site may contain links to other websites. The linked sites are for your convenience only, and you access them at your own risk. Dayton Manufacturing Company is not responsible for, and does not endorse, the content of the linked sites, whether or not Dayton Manufacturing Company is affiliated with sponsors of the sites.
Dayton Manufacturing Company welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Dayton Manufacturing Company. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Dayton Manufacturing Company site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on the Dayton Manufacturing Company site without prior written consent of Dayton Manufacturing Company.
DISCLAIMER OF WARRANTIES AND LIABILITY
The materials on Dayton Manufacturing Company's website are provided "as is" and without warranties of any kind either express or implied. Dayton Manufacturing Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction or modification. Dayton Manufacturing Company, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution Dayton Manufacturing Company's website warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Dayton Manufacturing Company or the server that makes them available are free of viruses or other harmful components. The material that you read on Dayton Manufacturing Company's website is provided solely for entertainment and promotional purposes. Dayton Manufacturing Company does not warrant or make any representations regarding the use or the results of the use of the materials in Dayton Manufacturing Company's website in terms of their correctness, accuracy, reliability, or otherwise.
You expressly agree that use of the Dayton Manufacturing Company site is at your sole risk. You (and not Dayton Manufacturing Company) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither Dayton Manufacturing Company, nor its affiliated or related entities, nor any of their respective employees or agents, nor any person or entity involved in the creation, production and distribution of Dayton Manufacturing Company's website are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other Dayton Manufacturing Company website. By way of example, and without limiting the generality of the foregoing, Dayton Manufacturing Company and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree Dayton Manufacturing Company is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dayton Manufacturing Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the Dayton Manufacturing Company website are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Dayton Manufacturing Company from its offices within the State of Ohio, United States of America. Dayton Manufacturing Company makes no representation that materials in Dayton Manufacturing Company’s website are appropriate or available for use in other locations. Those who choose to access this 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. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Dayton Manufacturing Company bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Montgomery County, Ohio, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in, signed by Dayton Manufacturing Company.
PRIVACY
Dayton Manufacturing Company is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to this site. However, certain non-personal information of visitors is recorded by the standard operation of Dayton Manufacturing Company's Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink). By having this information, web pages optimized for a particular visitor's computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this site but only in an aggregate and non-personally-identifiable form. Dayton Manufacturing Company only when voluntarily submitted by the user knows e-mail addresses and other personally identifiable data about visitors to this site. Dayton Manufacturing Company affiliated websites that are linked to this site and that engage in any additional information practices will explain those practices at that site.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
On sites specifically designed for children, Dayton Manufacturing Company makes a special effort to encourage children to consult with their parents before furnishing data. However, Dayton Manufacturing Company believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (www.the-dma.org).
(c) 2004 Dayton Manufacturing Company
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