Legal Statement

Please take a few moments to read this Legal Statement carefully before using PETTIBONE/TRAVERSE LIFT, LLC's ("PTL") Internet Web site(s). If you do not agree to the terms of this Legal Statement, please do not use the PTL Internet Web site(s). BY YOUR USE OF THIS WEB SITE, YOU AGREE AND ACKNOWLEGE THAT YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LEGAL STATEMENT AND ACCEPTANCE OF THE PTL PRIVACY STATEMENT, A LINK TO WHICH IS ALSO PROVIDED.

PTL and its affiliates provide their services to you subject to the following notices, terms and conditions. In addition, when you use any service of PTL or its Internet Web site(s), you will be subject to the rules, guidelines, policies, term and conditions applicable to that service and you will be subject to all governing state and federal laws, including applicable patent, copyright, trademark and other intellectual property laws.

This site, in its entirety, is the sole property of PTL or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of PTL and is protected by U.S. and international copyright laws. All software used on this site is the property of PTL or its affiliates and is protected by U.S. and international copyright laws. The content and software on this site may be used as a personal shopping and e-commerce resource; any other use, including the reproduction, modification, distribution, creation of derivative works, transmission, republication, display or performance is strictly prohibited. The application of this site, into any other site, is strictly prohibited unless preapproved in writing by PTL.

USE OF SITE

By accessing this site, you are agreeing to all of the terms, conditions and statements included in this Legal Statement. The entirety of this site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by PTL in writing. The PTL Internet Web site(s) may not be linked to any other site without prior written consent of PTL and its affiliates. PTL reserves the right to refuse service, terminate accounts and/or cancel orders at its discretion, including, without limitation, if PTL believes that customer's conduct violates applicable law, disrupts our normal business activities or is harmful to the interests of PTL and/or its affiliates.

E-MAIL

By registering or placing an order with us, you are consenting to receive e-mail from us regarding your registration or your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial e-mail and mailed promotional product information from us.

THIRD PARTY PROPERTY

You agree that you may upload to the software files or otherwise transmit on or through the PTL Internet Web site(s), only content that is not subject to any rights of any third parties, or content in which any holder of such rights has given express authorization for distribution on the Internet. By submitting content to PTL, you automatically grant or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content.

REVIEWS AND COMMENTS

If, at any time, PTL enables site visitors to post reviews of and comments on products featured on the site, then the party posting that comment or review grants PTL and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You also grant PTL and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.

RISK OF LOSS

All items purchased from PTL on its Internet Web site(s) are made pursuant to a shipment contract. Should there be any shipping errors, PTL will offer reasonable assistance in the correction of that error. However, the risk of loss and title for such items pass to you upon our delivery to the carrier. You must file any such claims with that delivery carrier.

DISPLAY OF PRODUCTS

We use commercially reasonable efforts to ensure that the colors, design and details of the products displayed on the PTL Web site(s) are accurate. However, we cannot and do not guarantee that the colors, font types, design, paper stock and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.

DEFECTIVE PRODUCTS

In the event that you received a defective product, please contact PTL within thirty (30) days from the date of your order. Your sole remedy for any defective product shall be limited to the repair or replacement of the product. THE FOREGOING COMPRISES PTL'S ENTIRE LIABILITY IN CONNECTION WITH YOUR TRANSACTION.

PTL reserves the right at any time and without notice to change products that are available for purchase. In the event your selected product is no longer available, PTL, in its sole option and discretion, will either make a substitution or refund your purchase price.

SALES TAX

In accordance with various statutes, PTL is required to collect sales tax on any purchase of products shipped to customers located in all fifty states, the District of Columbia and other locations as mandated by law. Tax rates, the terms contained herein and products subject to tax are subject to change at anytime.

PROHIBITED CONDUCT AND USE

You agree to use the PTL Internet Web site(s) only for lawful purposes. You are expressly prohibited from placing any message on, or otherwise transmitting through, the PTL Web Site(s) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). You agree and acknowledge that PTL is not responsible or liable to you or any other party for any Prohibited Conduct by any user of the PTL Internet Web site(s) at any time.

Notwithstanding anything in this Legal Statement to the contrary, PTL is in no way obligated to monitor any user's use of the PTL Internet Web site(s) or to monitor, retain, review and/or edit the contents of any message sent in a product or otherwise transmitted through the PTL Internet Web site(s).

However, PTL does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information as it determines necessary, in its sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend its rights and property; (iii) enforce this Legal Statement; (iv) protect against misuse or unauthorized use of the PTL Internet Web site(s); and (v) protect the interests of its users or the public. You are expressly prohibited from using a false e-mail address or other identifying information. Further, you may not send products (with or without messages) to people or other entities on mailing lists that you do not have full rights to use.

LINKED SITES

The PTL Internet Web site(s) may contain links to other web sites solely for your convenience. PTL does not endorse nor make any warranties or representations about any Web site you may access through a link from the PTL Internet Web site(s). You agree and acknowledge that you assume all risk for any dealings or transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance upon any information or materials contained in, such linked sites.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PTL BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM THE PTL INTERNET WEB SITE(S), THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE PTL INTERNET WEB SITE(S), EVEN IF PTL OR A PTL-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PTL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF ANY PRODUCT ON THE PTL INTERNET WEB SITE(S). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER

THE CONTENT, MATERIALS AND PRODUCTS ON THE PTL INTERNET WEB SITE(S) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PTL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PTL DOES NOT WARRANT THAT THE OPERATION OF THE PTL INTERNET WEB SITE(S), OR THE FUNCTIONS CONTAINED IN THE CONTENT, MATERIALS OR PRODUCTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PTL INTERNET WEB SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PTL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, MATERIALS OR PRODUCTS IN THE PTL INTERNET WEB SITE(S) REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT PTL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PTL RESERVES THE RIGHT TO LIMIT PURCHASES AND PURCHASE QUANTITY. IN THE EVENT OF ANY SITE ERROR, CUSTOMERS WILL BE LIMITED TO A SINGLE UNIT PURCHASE. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

USAGE BY CHILDREN

PTL does not solicit the use of the PTL Internet Web site(s) or purchase of products offered on the PTL Internet Web site(s) by minors. However, PTL cannot prevent such use or purchase and cannot prevent minors from visiting the PTL Internet Web site(s). Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials, products and services are suitable for such children to view and/or purchase. PTL requires that use of the PTL Internet Web site(s) be made either by: (a) individuals 18 years old or older; or (b) individuals under 18 years of age under the direct supervision of a parent, guardian or other responsible individual with such parent, guardian or other responsible individual's verifiable permission for such use, including the collection by PTL of certain information in accordance with this Legal Statement. In addition, PTL requires that any purchase from the PTL Internet Web site(s) be by: (a) individuals of legal age; or (b) by minors under the direct supervision of a parent, guardian or other responsible individual with such parent, guardian or other responsible individual's verifiable permission for such purchase. EACH TIME YOU USE THE PTL INTERNET WEB SITE(S) OR PURCHASE A PRODUCT OR SERVICE FROM THE PTL INTERNET WEB SITE(S), YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) 18 YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING THE PTL INTERNET WEB SITE(S) AND PURCHASING SUCH PRODUCT OR SERVICE UNDER THE SUPERVISION, AND WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER RESPONSIBLE INDIVIDUAL FOR SUCH PURCHASE AND FOR THE COLLECTION OF CERTAIN INFORMATION IN ACCORDANCE WITH THIS LEGAL STATEMENT.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the PTL Internet Web site(s) are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. PTL makes no representation that materials in the PTL Internet Web site(s), or the products and services promoted in the PTL Internet Web site(s), are appropriate or available for use outside the United States. Those who choose to access the PTL Internet Web site(s) from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Software from the PTL Internet Web site(s) is further subject to United States export controls. No software from the PTL Internet Web site(s) may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

APPLICABLE LAW

PTL is incorporated in the State of Delaware, USA. As such, the laws of the State of Delaware will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time.

OUR ADDRESS AND TELEPHONE NUMBER

Pettibone/Traverse Lift, LLC
1100 Superior Avenue
Baraga, Michigan 49908
800.GO.PETTIBONE

EFFECTIVE DATE
September 30, 2004