Legal Agreement
By using this ANEST IWATA USA (“ANEST IWATA”) Web site (“Site”) you accept and agree to abide by these Terms of Use (“Terms”), which constitute a legal agreement between you and ANEST IWATA USA, Inc. If you do not accept these Terms in their entirety, do not access the Site. ANEST IWATA reserves the right in its sole discretion to modify the Terms at any time and such modifications shall be effective immediately upon posting of the modified Terms on the Site. You shall regularly review the Terms to obtain timely notice of any such changes.
You agree to comply with all applicable laws and regulations in connection with your use of the Site. You shall not upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, harmful to minors, libelous, obscene, invasive of another’s privacy, hateful, or racially or ethnically objectionable, nor shall you forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site. You also shall not upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. You shall not transmit to or through the Site any software or other materials which contain a computer virus, Trojan horse, time bomb, worm, or other harmful code.
Intellectual Property
The Site including but not limited to, text, graphics, images, and logos is Copyright © ANEST IWATA USA, Inc. 2005. All rights reserved. None of the Site material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, linked, or transmitted in any form including but not limited to electronic or photocopying, without prior written permission of ANEST IWATA, except that permission is granted to print limited excerpts from the Site for personal, non-commercial use only. Any unauthorized use of any material contained in the Site may result in civil or criminal liability. ANEST IWATA specifically does not authorize downloading of any images or other content from this Site for use in any other party’s Web site, even for the purpose of promoting or selling ANEST IWATA products; any authorization granted to ANEST IWATA’s distributors to use ANEST IWATA intellectual property will be contained in a separate written agreement.
ANEST IWATA , iwata and Air Gunsa, are trademarks of ANEST IWATA USA, Inc. or its licensors. Trademarks of other companies used on the Site are the property of their respective owners.
Any materials that you may submit as application ideas, or new product suggestions, or in connection with contests or awards, including but not limited to text and photos, shall become the sole property of ANEST IWATA USA, Inc. without compensation, will not be returned, and may be used by ANEST IWATA for any purpose, including developing, manufacturing and/or marketing goods or services, without compensation to the submitter.
ANEST IWATA respects the intellectual property of others. If you believe that your work has been used on our Site in a way that constitutes copyright infringement, please provide ANEST IWATA’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ANEST IWATA’s Copyright Agent for notice of claims of copyright infringement on its Site is Webmaster who can be reached as follows:
Webmaster – ANEST IWATA USA, Inc.
5325 Muhlhauser Road
West Chester, OH 45011
Phone: ( 513 ) 755-3100
Email Anest Iwata
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT FOR THE EXPRESS WRITTEN WARRANTIES PROVIDED IN CONJUNCTION WITH SALE OF ANY ANEST IWATA PRODUCTS, THE SITE, AND ANY PRODUCTS OFFERED FOR SALE ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANEST IWATA DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE AND RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, INCLUDING BUT NOT LIMITED TO ERRONEOUS PRICING. ANEST IWATA DOES NOT WARRANT THAT THE SITE WILL BE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL CODE.
EXCEPT FOR DIRECT DAMAGES FOR BREACH OF THE EXPRESS WARRANTIES PROVIDED IN CONJUNCTION WITH THE SALE OF ANY ANEST IWATA PRODUCTS, UNDER NO CIRCUMSTANCES SHALL ANEST IWATA USA, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY OCCUR DIRECTLY OR INDIRECTLY AS A RESULT OF USE OF THIS SITE, OR ANY INFORMATION, DATA, OR SERVICES CONTAINED ON THIS SITE OR ANY WEBSITE LINKED TO THIS SITE (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY). ALL USE IS AT YOUR OWN RISK, AND YOU ASSUME ALL COSTS OF SUCH RISK. LINKS TO OTHER, NON-ANEST IWATA WEBSITES ON THIS SITE ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND USE OF THIRD PARTY WEBSITES IS ENTIRELY AT YOUR OWN RISK.
Governing Law and Arbitration
Use of this Site and any transaction arising from such use shall be governed by the laws of the State of Ohio, U.S.A., without regard to principles of conflicts of law. The courts located in Hamilton County, Ohio shall have the exclusive jurisdiction and venue over any legal action by you against ANEST IWATA. ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PURCHASE OF ANY PRODUCT THROUGH THIS SITE IS SUBJECT TO BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES (AND IF YOU ARE A CONSUMER, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES) OF THE AMERICAN ARBITRATION ASSOCIATION, WITH THE ARBITRATION PROCEEDINGS TO OCCUR IN CINCINNATI, OHIO, UNLESS OTHERWISE PROVIDED IN SUCH RULES. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.