YMS - Yard Management Systems
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Date: 11/27/2020
By entering the Meiko America, Inc. website, you acknowledge and agree to the following terms and conditions and to our privacy policy [https://www.meikoamerica.com/privacy-policy/pdf]. If you do not agree to these terms and conditions, do not enter and use this website. This legal information, terms and conditions are applicable to all pages of the Meiko America, Inc. website. The Meiko America, Inc. reserves all rights afforded by the laws of the state of California, and of the United States, and specifically reserves its rights, claims and defenses for any omission from the contents of this notice to users of the Meiko America, Inc. website.
Intellectual Property Ownership
You acknowledge and agree that the Meiko America, Inc. is the copy right owner of this website and that no portion of this website, including, but not limited to the text, images, audio and/or video, may be used in any manner or for any purpose by you, without Meiko America, Inc.’s express written permission. Without in any way waiving any of the forgoing rights, you may download one copy of the material on this website for your personal, non commercial use only, provided you do not delete or change any copyright, trademark or any other proprietary notices. Any modification, reposting or use of the materials on this website by you for any other purposes violates Meiko America, Inc.’s legal right in this copyrighted work.

You acknowledge and agree that the Meiko America, Inc. name, trademarks, logos, sounds, graphics, maps, layout, charts, text, video, images of places or people and other materials represented on this website are owned or licensed by Meiko America, Inc. Your use of any of these materials is prohibited unless you have obtained prior written approval from Meiko America, Inc. Any unauthorized use of these materials by you may subject you to penalties or damages, including but not limited to infringement of Meiko America, Inc and other parties’ copyrights, trademarks, privacy rights, publicity rights, and/or intellectual property rights. Meiko America, Inc. will enforce its intellectual property rights to the fullest extent of the law.

By the action of any unauthorized copying, duplications, or any other form of reproduction from this website for any commercial purpose, without the express written permission from the Meiko America, Inc. or authorized license, shall immediately constitute a full and complete waiver of any jurisdictional defense the acting party may have, and said party hereby agrees and consents to be subject to the jurisdiction of the State Courts of California in any action filed by the Meiko America, Inc. in prosecuting any unauthorized reproduction.

Other works appearing on this website, not belonging to the Meiko America, Inc. are used with the permission of the owners and they retain their respective intellectual property rights.
No Confidentiality or Use Limitations for Submitted Information
You acknowledge and agree that any communication or material you transmit to this website, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials you transmit to this website may be used by Meiko America, Inc. for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if Meiko America, Inc. decides to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
User Submissions
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including discussion boards, user articles, granny’s home remedies, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Meiko America, Inc. by website, (including through the email addresses listed on the website) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Meiko America, Inc. by website, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Meiko America, Inc. by website, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted—Meiko America, Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Meiko America, Inc. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Meiko America, Inc. by website.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Meiko America, Inc. login passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Meiko America, Inc. account and password; (3) promptly inform Meiko America, Inc. of any need to deactivate a password. You grant Meiko America, Inc. and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Meiko America, Inc. cannot and does not assume any responsibility or liability for any information you submit or receive.
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages. The Meiko America, Inc. appreciates the importance of providing a secure environment on its website for the purpose of providing information to process orders and applications, and the Meiko America, Inc. will take all reasonable and customary steps to protect the information provided. Please use all means to protect your information, particularly if you are using a shared computer.

Supporting documents and disclaimers which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.

Applications submitted on this website are considered “pending acceptance and approval” and are not complete until a confirmation of approval and acceptance has been sent by the Meiko America, Inc.
Use of this Site at Own Risk
You acknowledge and agree that your use of the website is at your own risk and that none of the parties involved in creating, producing, or delivering this website is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs or expenses of any kind (including attorney’s fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
Liability of Meiko America, Inc. and its Licensors
The use of the Meiko America, Inc. Site and the Content is at your own risk. When using the Meiko America, Inc. Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Meiko America, Inc. Accordingly, Meiko America, Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Meiko America, Inc. Site.

The Meiko America, Inc. Site and the content are provided on an "as is" basis. MEIKO AMERICA, INC., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Meiko America, Inc. its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Meiko America, Inc. Site or Meiko America, Inc.

In no event shall Meiko America, Inc. its licensors, its suppliers, or any third parties mentioned on the Meiko America, Inc. Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Meiko America, Inc. Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Meiko America, Inc. is advised of the possibility of such damages. Meiko America, Inc. shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$100. Meiko America, Inc. is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within six (6) months of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
No Warranty of Accuracy of Information
You acknowledge and agree that while the Meiko America, Inc. will make reasonable efforts to ensure that the information in the website is correct and that even though the schedules, times, locations, and other information contained in the Meiko America, Inc. website are based upon current information, Meiko America, Inc. cannot guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. All content and information contained in this website are provided to you "AS IS", without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.
Unlawful Content and Behavior
You acknowledge and agree that you will not post on this website, or transmit to this website, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. The Site may be used only for lawful purposes by individuals using authorized services of Meiko America, Inc. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. You shall not post any information which is incomplete, false, inaccurate, not your own or which violates the intellectual property, privacy or publicity rights of others; impersonate another person or attempt to access data not intended for you; transmit or transfer (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; or attempt to interfere in any way with the Site’s or Meiko America, Inc.’s networks or network security, or use the Site’s service to gain unauthorized access to any other computer system. Violations of system or network security may result in civil or criminal liability. Notwithstanding the fact that Meiko America, Inc. or other parties are involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, Meiko America, Inc. assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this website may be linked to other websites, Meiko America, Inc. is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked website, unless specifically stated in this website. Meiko America, Inc. has not reviewed all websites linked to this website and is not responsible for the content of any other website linked to this website. Any linking by you to any other websites is at your own risk.
You agree to defend, indemnify, and hold Meiko America, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Application of Laws
You acknowledge and agree that although the information and materials on the Meiko America, Inc. website may be read throughout the world, this website is designed and intended for use in the United States and your entrance into this website will be construed and evaluated according to the laws of the United States. If you access this website from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where you access the website, the information is not meant for you. Meiko America, Inc. makes no representation that the information and materials contained in this website are appropriate for countries outside the United States. You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these terms and that the state and federal courts in Los Angeles County, California shall have exclusive jurisdiction over any claims. Our failure to enforce any rights or provisions of these terms shall not constitute a waiver of such right or provision. These terms inure to the benefit of our successors, assigns and licensees and cannot be assigned by you without our written consent.
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