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Alinco, Inc. Terms and Conditions of Use
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These Terms and Conditions of Use apply to the following Alinco Inc. websites: Alinco.com Alinco.co.jp (collectively "Alinco Owned Websites"). Alinco Owned Websites are the property of Alinco Inc. ("Alinco", "we", "our" or "us") or its licensors. BY USING AN ALINCO OWNED WEBSITE, YOU AGREE TO AND ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, DO NOT USE ALINCO OWNED WEBSITES. Alinco reserves the right at its sole discretion, to change, modify, add to, remove or otherwise edit these Terms and Conditions of Use, at any time by updating this posting on our Alinco Owned Websites. Changes to these Terms and Conditions of Use are effective at the time they are posted. For this reason it is your responsibility and Alinco encourages you to check these Terms and Conditions of Use for changes each time you visit any of our Alinco Owned Websites. Your continued use of a Alinco Owned Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these and any updated Terms and Conditions of Use, Alinco grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Alinco Owned Websites. OWNERSHIP All material(s) and content on any of our Alinco Owned Websites including but not limited to images, text, graphics, software, user interfaces, visual interfaces, trademarks, logos, artwork and computer code (collectively "Content") contained on any of our Alinco Owned Website are owned, controlled or licensed by or to Alinco, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may use information on Alinco products and services purposely made available by Alinco for downloading from any of our Alinco Owned Websites, provided that you (1) do not remove any copyright and/or other proprietary notice language, (2) use such information only for your personal, non-commercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such information. There are Alinco proprietary logos, trademarks and service marks (collectively "Trademarks") displayed on the Alinco Owned Websites. All such Trademarks (whether registered or not registered) are the property of Alinco and/or Alinco incorporated. By displaying any Trademarks on any Alinco Owned Websites, Alinco is not granting you a license or the right to use any of the Trademarks nor should anything contained on any of our Alinco Owned Websites be construed or interpreted as granting you by implication or otherwise a license or any right to use any of the Trademarks without the prior express written permission of Alinco. Except as expressly provided in these Terms and Conditions of Use, no part of any Alinco Owned Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without Alinco's prior express written consent. LINKS TO NON-ALINCO OWNED WEBSITES Alinco Owned Websites may provide links to other websites which are not owned by Alinco and are owned by companies or parties which are either affiliated or unaffiliated with Alinco ("Non-Alinco Owned Websites"). These links to Non-Alinco Owned Websites are provided to you solely as a matter of convenience and for informational purposes. If you access any of these links, you will no longer be on a Alinco Owned Website. We do not endorse or make any representation about Non-Alinco Owned Websites, and we are not responsible for and we disclaim all warranties, express or implied, as to the privacy, content or security of such Non-Alinco Owned Websites. You are responsible for reviewing, and we encourage you to review the Policies and Terms and Conditions of Use of such Non-Alinco Owned Websites. SUBMISSIONS Except for Personally Identifiable Information as covered and defined online in Alinco's Privacy Policy, any communications, materials or other information sent or submitted electronically or otherwise by you (collectively "Information") to Alinco or any of our Alinco Owned Websites shall be deemed and treated as non-confidential and non-proprietary. Alinco shall not have any obligation or responsibility with respect to such Information, and Alinco shall have the right and be free with respect to any such Information to broadcast, alter, change, edit, copy, disclose, publish, post, send or otherwise use such Information anywhere in the world without compensation being paid to you in any medium in perpetuity for any and all purposes. In addition, Alinco shall have the right and be free to use for any purposes whatsoever without any compensation being paid to you, any concepts, know-how, ideas or techniques contained in any Information that you send or submit to any of our Alinco Owned Website. You agree, however, that Alinco is under no obligation or requirement to use any ideas, concepts, know-how or techniques contained in any Information. It is Alinco's policy and practice not to accept or consider unsolicited materials or other works from the public including but not limited to ideas for advertising campaigns, products, promotions, and processes (collectively "Submissions"). Please do not send or submit any Submissions to Alinco through any of our Alinco Owned Websites or otherwise. The purpose of Alinco's policy and practice is to avoid misunderstandings and/or disputes when Alinco or our parent company or any of our affiliate companies' products, technologies or strategies are or appear to be similar to Submissions sent or submitted to Alinco. In the event that despite Alinco's above stated policy and practice, you send or submit Submissions to Alinco that are not covered by a U.S. patent or are not public information, regardless of what you may state to the contrary, your Submissions shall automatically become the property of Alinco without any compensation being paid to you, and Alinco shall have the right and be free to use such Submissions and any concepts, know-how, ideas or techniques contained in any Submissions for any and all purposes whatsoever. Under no circumstance, are you permitted to send or submit to or from any of our Alinco Owned Websites any Information that is defamatory, obscene, pornographic, libelous, offensive or otherwise in violation of any laws. By using any of our Alinco Owned Websites, you acknowledge and agree that internet transmissions are never completely private or secure and that any Information you send or submit to any of our Alinco Owned Websites may be intercepted and read by third parties, unless there is a specific indication or notice that a particular transmission ( e.g., credit card information) is encrypted. CONTESTS Alinco Owned Websites may from time to time, contain contests, sweepstakes or other promotions (collectively "Contest(s)") that offer prizes or that require you to send in material or information about yourself. Each Contest has its own rules and requirements which you must read and agree to before you may enter. SOFTWARE In the event any software is available for downloading on any of our Alinco Owned Websites, such software is the copyrighted work and property of Alinco and/or its suppliers. Use of any such software is subject to the terms and conditions of the license agreement that is provided with or accompanying such software. Unless expressly permitted by the license agreement provided with or accompanying such software, any reproduction or copying of any such software is strictly prohibited. In no event are you permitted to create derivative works of such software or to reverse engineer or decompile any such software. PRODUCTS AND SERVICES Any products and services displayed on any of our Alinco Owned Websites may not be available in your area. Displaying such products and services does not mean and should not be interpreted to mean that such products and services will be available at any given time. ANY INFORMATION PERTAINING TO ANY PRODUCTS AND SERVICES ON ANY OF OUR ALINCO OWNED WEBSITES IS SUBJECT TO CHANGE WITHOUT NOTICE. DISCLAIMERS ALINCO DOES NOT REPRESENT OR WARRANT THAT ANY OF OUR ALINCO OWNED WEBSITES OR ANY OF THE CONTENT ON ANY OF OUR ALINCO OWNED WEBSITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF ANY OF OUR ALINCO OWNED WEBSITES WILL PROVIDE SPECIFIC RESULTS. THE ALINCO OWNED WEBSITES AND THE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON ANY OF OUR ALINCO OWNED WEBSITES IS SUBJECT TO CHANGE WITHOUT NOTICE. ALINCO CANNOT ENSURE THAT ANY SOFTWARE OR DATA YOU DOWNLOAD FROM ANY OF OUR ALINCO OWNED WEBSITES WILL BE ERROR-FREE, FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ALINCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF ANY OF OUR ALINCO OWNED WEBSITES AND ANY LINKED NON-ALINCO OWNED WEBSITES. YOUR SOLE REMEDY AGAINST ALINCO FOR DISSATISFACTION WITH ANY OF OUR ALINCO OWNED WEBSITES OR ANY CONTENT IS TO STOP USING SUCH ALINCO OWNED WEBSITES OR SUCH CONTENT. THE ABOVE DISCLAIMERS APPLY TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ALINCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT OF YOUR USE OR INABILITY TO USE ANY OF OUR ALINCO OWNED WEBSITES, ANY CONTENT, SERVICES AND FUNCTIONS EVEN IF ALINCO OR AN AUTHORIZED ALINCO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. EVEN IF YOUR REMEDY FAILS OF ITS ESSENTIAL PURPOSE IN NO EVENT SHALL ALINCO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY OF OUR ALINCO OWNED WEBSITES OR $50.00. INDEMNIFICATION YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND ALINCO, ITS PARENTS, AFFILIATES, LICENSORS, LICENSEES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND LIABILITIES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATED TO (I) ANY BREACH OF THESE TERMS AND CONDITIONS OF USE BY YOU OR ANYONE ACTING UNDER YOUR DIRECTION, AUTHORITY AND CONTROL, OR (II) YOUR USE OF ANY OF OUR ALINCO OWNED WEBSITES. RESERVATION OF RIGHTS ALINCO RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO ANY OF THE ALINCO OWNED WEBSITES, OR ANY PORTION OF ANY OF THE ALINCO OWNED WEBSITES, FOR ANY REASON; (2) TO MODIFY OR CHANGE ANY OF THE ALINCO OWNED WEBSITES, OR ANY PORTION OF ANY OF THE ALINCO OWNED WEBSITES, AND ANY APPLICABLE POLICIES OR TERMS AND CONDITIONS OF USE; AND (3) TO INTERRUPT THE OPERATION OF ANY OF THE ALINCO OWNED WEBSITES, OR ANY PORTION OF ANY OF THE ALINCO OWNED WEBSITES, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES. EXPORT CONTROLS You agree not to use, download, export or re-export any Content on any of the Alinco Owned Websites in violation of any applicable laws or regulations including but not limited to any laws and regulations of your area. GENERAL You agree that these Terms and Conditions of Use and any dispute relating to any Alinco Owned Website or any Content used in connection with any Alinco Owned Websites will be governed by and construed in accordance with the laws of Japan. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is waived and forever barred. You agree that these Terms and Conditions of Use will be enforceable by us and our successors and assigns against you and your heirs, minors, successors, and assigns. You agree that if any provision within these Terms and Conditions of Use is found to be void or unenforceable, it will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable. These Terms and Conditions of Use and any additions, changes, edits and/or modifications made thereto by Alinco are the entire agreement between you and Alinco and supersede in their entirety any and all written or oral agreements previously existing between you and Alinco. The Terms and Conditions of Use and any additions, changes, edits and/or modifications made thereto by Alinco cannot be amended except as set forth above. No waiver by either you or Alinco, whether expressed or implied, of any provision of the Terms and Conditions of Use and any additions, changes, edits and/or modifications made by Alinco, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms and Conditions of Use. |