THIS WEB SITE, LOCATED ON THE INTERNET AT HTTP://WWW.BRODIECOMPANIES.COM, HTTP://WWW.BRODIE1.COM, HTTP://WWW.BRODIEFORKLIFT.COM, HTTP://WWW.TOYOTALIFT1.COM AND ALL OF ITS CONTENTS (COLLECTIVELY THE "WEB SITE") IS OFFERED TO YOU, THE USER (THE "USER") BY BRODIE TOYOTA-LIFT of 10 BALLARD ROAD · LAWRENCE, MASSACHUSETTS 01843 · U.S.A. ("BRODIE TOYOTA-LIFT") CONDITIONED ON THE USER'S ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS, CONDITIONS, AND NOTICES OF THIS STATEMENT, INCLUDING ANY POLICIES AND/OR GUIDELINES INCORPORATED BY REFERENCE (COLLECTIVELY THE "AGREEMENT"). BY ACCESSING AND USING THIS WEB SITE, THE USER IS DEEMED TO HAVE AGREED TO ALL SUCH TERMS, CONDITIONS, AND NOTICES.

BRODIE TOYOTA-LIFT reserves the right to change or modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion. Any changes or modifications will be effective upon posting of the revisions to the BRODIE TOYOTA-LIFT Web site. BRODIE TOYOTA-LIFT will post a notice of such changes or modifications to this Agreement on the Site for thirty (30) days. BRODIE TOYOTA-LIFT may post changes or modifications to referenced policies and guidelines without notice to the User. The User's continued use of the Services following BRODIE TOYOTA-LIFT's posting of any changes or modifications will constitute the User's acceptance of such changes or modifications.

Copyright Notice(s)

All contents of this Web site are: Copyright © 2001 BRODIE TOYOTA-LIFT of 10 Ballard Road · Lawrence, Massachusetts 01843 · U.S.A., and/or its suppliers. All rights reserved.

This Web site is for the personal, non-commercial use of users. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of BRODIE TOYOTA-LIFT or other third parties. You are not permitted to use the Marks without the prior written consent of BRODIE TOYOTA-LIFT or such third party which may own the Marks.

Liability Disclaimer

The information, software, products, and services published on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BRODIE TOYOTA-LIFT and/or its respective suppliers may make improvements and/or changes in this Web site at any time. BRODIE TOYOTA-LIFT and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. BRODIE TOYOTA-LIFT and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall BRODIE TOYOTA-LIFT and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web site or with the delay or inability to use this Web site or for any information, software, products, and services obtained through this Web site, or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if BRODIE TOYOTA-LIFT or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Use of Bulletin Boards, Chat Rooms, and Other Communications Forums

To the extent that this Web site contains bulletin boards, chat rooms, or other message or communication facilities ("forums"), the user agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the user agrees that when using a forum, the user shall not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
• Delete any authors attributions, legal notices or proprietary designations or labels in any file that is uploaded
• Falsify the origin or source of software or other material contained in a file that is uploaded
• Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose
• Download any file that the user knows, or reasonably should know, cannot be legally distributed via this Web site

Users agree to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time by BRODIE TOYOTA-LIFT, and applicable law.

BRODIE TOYOTA-LIFT reserves the right for any reason to remove without notice any contents of this Web site received from users, including without limitation bulletin board postings. BRODIE TOYOTA-LIFT reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

The user acknowledges that chats, conferences, bulletin boards, and any other such communications forums hosted by this Web site are public and not private communications. Further, the user acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by BRODIE TOYOTA-LIFT, and such communications shall not be considered reviewed, screened, or approved by BRODIE TOYOTA-LIFT.

Software Available On This Web Site

Any software that is made available to download from this Web site ("Software") is the copyrighted work of BRODIE TOYOTA-LIFT and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.

For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: BRODIE TOYOTA-LIFT hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.

Please note that all Software including, without limitation, all code (e.g.: HTML, CSS, XML, XSL, JavaScript, and VBScript), Java Applets, and Active X controls contained in this Web site, is owned by BRODIE TOYOTA-LIFT and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, BRODIE TOYOTA-LIFT hereby disclaims all warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Restricted Rights Legend

Any Software which is downloaded from this Web site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is BRODIE TOYOTA-LIFT · 10 Ballard Road · Lawrence, Massachusetts 01843 · U.S.A.

Indemnity

As a condition of use of this Web site, you, the end user, agree to indemnify BRODIE TOYOTA-LIFT and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Service Contact

Contact administrator@brodiecompanies.com with any questions or problems with this Web site.

Modification of the Terms & Conditions

BRODIE TOYOTA-LIFT reserves the right to change this agreement at any time by revising the terms and conditions herein. Users are responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the user's acceptance of such changes.

General

This agreement is governed by the laws of the State of Massachusetts, U.S.A. User consents to the exclusive jurisdiction and venue of courts in Massachusetts, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and BRODIE TOYOTA-LIFT as a result of this agreement or use of this Web site. User agrees not to hold himself or herself out as representative, agent, or employee of BRODIE TOYOTA-LIFT and BRODIE TOYOTA-LIFT shall not be liable for any representation, act, or omission of the user.

BRODIE TOYOTA-LIFT's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of BRODIE TOYOTA-LIFT' right to comply with law enforcement requests or requirements relating to the user's use of this website or information provided to or gathered by BRODIE TOYOTA-LIFT with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This agreement constitutes the entire agreement between the User and BRODIE TOYOTA-LIFT with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and BRODIE TOYOTA-LIFT with respect to this Web site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Links to Third Party Sites

BRODIE TOYOTA-LIFT's Web site contains external hyperlinks. These linked sites are not under the control of BRODIE TOYOTA-LIFT and BRODIE TOYOTA-LIFT is not responsible for the contents of any linked site or any link contained in a linked site, or for any changes or updates to such sites. BRODIE TOYOTA-LIFT provides these links to you only as a courtesy, and the inclusion of any link does not imply endorsement of the site by BRODIE TOYOTA-LIFT.