Okuma America Corporation ("Okuma") maintains this web site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site.
Terms and Conditions
1. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not copy, distribute, modify, transmit, display, reuse, report, or use the contents of the Site, including the text, images, audio and video, for public or commercial purposes without written permission from Okuma. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted. Okuma neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Okuma.
2. While Okuma uses reasonable efforts to include accurate and up-to-date information on the Site, Okuma makes no warranties or representations as to its accuracy. Okuma assumes no liability or responsibility for any errors or omissions in the content on the Site.
3. Your use and browsing of the Site is at your own risk. Neither Okuma nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Okuma also assumes no responsibility, and shall not be liable for any damages due to computer viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Images of people or places displayed on the Site either are the property of or are used with permission by Okuma. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Unless otherwise noted, the trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered Trademarks of Okuma. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Okuma or such third party that may own any Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Okuma will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. Although Okuma may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and other information or material that users may post on the Site, Okuma is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You should assume that Okuma will fully cooperate with any law enforcement authorities or court order requesting or directing Okuma to disclose the identity of anyone posting any such information or materials.
7. Okuma may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
When you visit our Site you may provide us with several types of information: personally-identifiable information you knowingly choose to disclose that is collected on an individual basis, web site use information collected as you browse our Site, content you may chose to contribute to the Site through discussions, chats and/or message boards, or anything else you may post, and your e-mail communications with us.
Personal Information. We will not collect any personally-identifiable information about you (e.g., your name, address, telephone number, e-mail address, credit card information) through the Site unless you have provided it to us voluntarily pursuant to information requests, subscription to an e-mail newsletter or discussion group, orders of goods and services, or otherwise.
User Created Content. We promote and support active and open communication among our users through discussions, chats, postings, bulletin boards, and other portions of the Site permitting content posted by users ("User Content"). Please see item 6 of the Terms and Conditions for rules governing and limitations on our liability with respect to User Content. You hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, use in connection with advertising, marketing, publicity and promotional activities, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed. If you submit photographs, videos, music, text or other content, it may be published online or offline through any medium of communication and in any format currently existing or hereafter developed, and we may publish your name, voice, likeness and other personal information in connection therewith. You acknowledge and agree that User Content will be publicly available and that, as a result, you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
E-mail Communications. If you open e-mails from us, we may receive a confirmation noting you opened the e-mail, if your computer supports such capabilities. We also may keep track of what e-mails we send you and what e-mails you may be receiving from our affiliates and partners. Additionally, we may keep a record of what communications you have opted to receive or not to receive.
Any communication or material you transmit to the Site, by e-mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Okuma or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Okuma is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
In addition, the information you provide to us may be used:
to better understand your needs and how we can improve and enhance our services;
to send you newsletters and other communications for which you have registered;
to customize the advertising and content you see;
to monitor compliance with our Terms and Conditions and other applicable agreements and policies;
to contact you (via e-mail, text message, telephone, direct mail or otherwise) about the Site, special offers or promotions, orders you may have made, prizes you may have won, or other purposes we may deem reasonably related to our business or your use of the Site; and
- for other purposes disclosed when you provide your information.
By using this Site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do-not-call registry or similar registry. In addition, by registering and/or using the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule"). Notwithstanding that your telephone number may be listed at the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.
The Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site or providing us with your information, you consent to this transfer.
We do not now and do not intend to sell, rent or market personal information about you to third parties. However, we may share your personal information with others as follows:
Okuma Affiliates, Partners, and Authorized Distributors. We work closely with our affiliates, authorized distributors, and other business partners, with whom we may share your personal information. In particular, but without limitation, we may share your personal information with our Partners in THINC for mutual marketing purposes, and we may share your financial information with CIT Equipment Financing ("CIT"), with whom Okuma partners to provide financial services under the name "Okuma Financial Services." You should review CIT's legal and privacy policies for more information.
Service Providers. We may use other companies and individuals to perform supporting functions for products and services offered through the Site on our behalf. For example, from time to time, we may use a third-party advertising company to serve ads when you visit the Site. Such a company may use certain information (not including your name, address, e-mail address or telephone number) about your visit to the Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, a third-party advertiser may place or recognize a unique cookie on your browser as discussed above.
Opt-In to Receive Third Party Offers. If you have indicated that you want to be contacted by third parties, we may use the personal information we collect to select which names to provide to a particular third party to present you with products and services that we believe will be of interest to you. In such instances, only your contact information (information that provides a means of contacting you), will be distributed to any such third party.
Protection of Rights. We will release your personal information if we believe such action is appropriate to: (i) comply with legal process, (ii) enforce the Terms and Conditions or (iii) identify, contact or bring legal action against persons who may be causing injury to you or a third party, or to otherwise protect the rights, property or personal safety of Okuma, its employees, other Site users or others.
Asset Transfers. We continue to develop our business and in doing so might choose to buy other businesses or assets. Personal information is generally one of the transferred assets acquired in such purchases. Also, if we choose to sell some or all of our assets, personal information, including the information collected from you through the Site, could be included in the transferred assets.
Aggregate Data. We may use certain data automatically generated by our servers so that we can understand how to make the Site more convenient and useful to our audience. We may share this information, generally in aggregate form, with our current and potential advertisers, service providers and listing providers, partners, affiliates and/or marketing allies so they can try to present advertisements in content more effectively. We may provide other third parties with aggregate – but not individual – information about visitors to our Site, and we may also share with the public aggregate information regarding products, services, content or tools that may be of interest to them.
Certain states may have laws that permit their residents to request certain information regarding Okuma's disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org">email@example.com or write to us: Okuma America, 11900 Westhall Drive, Charlotte, NC, 28278, Attention: [Marketing].
Information Security. You understand and agree that "perfect" security does not exist anywhere, including the Internet. As a result, Okuma cannot ensure or warrant the security of any information you transmit to Okuma via its Site, and you do so at your own risk. Notwithstanding this fact, we use encryption/security software in our efforts to safeguard the confidentiality of the information we display and collect from unauthorized access or disclosure and accidental loss, alteration or destruction. Your information is kept on servers that are located behind a firewall.
Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
To revise or remove personal information you submitted on the Site when requesting information, subscribing to a newsletter or discussion board, purchasing a product or service, or elsewhere you may contact us at firstname.lastname@example.org to make such changes. You expressly authorize us to access your data for purposes of completing your requested modifications and/or deletions. If you would like us to no longer use your personal information, please e-mail us at email@example.com with your request.
You also have the ability to terminate e-mail correspondence from us at any time. You may be given the chance to opt out of direct mailings when you disclose your e-mail address to us. Further, all of our e-mail correspondence contains an "Unsubscribe" link at the conclusion of the message. To opt out, simply click the link, or, in the case of text messages, send an e-mail to the "Unsubscribe" URL listed in the e-mail, and you will be opted-out of future messages from that particular e-mail service. To opt-out or request that we not use your personal information to market information to you, you also may e-mail firstname.lastname@example.org with your request.