OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the "Terms of Use") apply to the Anest Iwata web site located at www.anest-iwata-coating.com, and all associated sites linked to www.anest-iwata-coating.com by Anest Iwata, its subsidiaries and affiliates, including Anest Iwata sites around the world (collectively, the "Site"). The Site is the property of Anest Iwata Strategic Center S.r.l. ("Anest Iwata") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Anest Iwata reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Anest Iwata grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Anest Iwata, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Anest Iwata’s express prior written consent.
You may use information on Anest Iwata products and services (such as data sheets, instruction manuals, and similar materials) purposely made available by Anest Iwata for downloading from the Site, provided that you
(1) not remove any proprietary notice language in all copies of such documents,
(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) not make any additional representations or warranties relating to such documents.
YOUR USE OF THE SITE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Anest Iwata reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Anest Iwata server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Anest Iwata, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Anest Iwata’s systems or networks, or any systems or networks connected to the Site or to Anest Iwata.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Anest Iwata on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Anest Iwata or others.
PRIVACY
Anest Iwata’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Anest Iwata’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
DISCLAIMERS
ANEST IWATA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ANEST IWATA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ANEST IWATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANEST IWATA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ANEST IWATA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ANEST IWATA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies 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.
Anest Iwata 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 the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Anest Iwata be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Anest Iwata has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Anest Iwata is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Anest Iwata’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Anest Iwata (but not including the purchase price for any Anest Iwata products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
VIOLATION OF THESE TERMS OF USE
Anest Iwata may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Anest Iwata’s rights or property, or the rights or property of visitors to or users of the Site, including Anest Iwata’s customers. Anest Iwata reserves the right at all times to disclose any information that Anest Iwata deems necessary to comply with any applicable law, regulation, legal process or governmental request. Anest Iwata also may disclose your information when Anest Iwata determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Anest Iwata may preserve any transmittal or communication by you with Anest Iwata through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Anest Iwata determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Anest Iwata, its employees, users of or visitors to the Site, and the public.
You agree that Anest Iwata may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Anest Iwata, for which monetary damages would be inadequate, and you consent to Anest Iwata obtaining any injunctive or equitable relief that Anest Iwata deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Anest Iwata may have at law or in equity.
You agree that Anest Iwata may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Anest Iwata does take any legal action against you as a result of your violation of these Terms of Use, Anest Iwata will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Anest Iwata. You agree that Anest Iwata will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
MISCELLANEOUS
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Anest Iwata with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Anest Iwata with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Anest Iwata, Anest Iwata will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Anest Iwata’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Anest Iwata of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Anest Iwata and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Anest Iwata provides access to Anest Iwata international data and, therefore, may contain references or cross references to Anest Iwata products, programs and services that are not announced in your country. Such reference does not imply that Anest Iwata in your country intends to announce such products, programs or services.
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