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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
The www.hamarichemicals.com Web site (the "Web site") is
subject to the following terms and conditions ("Terms of Use").
By using the Web site, you signify your agreement to these Terms
of Use. If you do not agree to these Terms of Use, please do not
use the Web site.
Ownership, Copyright, and Trademark Notices
Hamari Chemicals, Ltd. (“Hamari Chemicals”) and its affiliates
own and operate the Web site. All information, text, graphics, software,
and other content that make up the Web site ("Materials")
are the property of Hamari Chemicals or its licensors. You acknowledge
that certain Materials available on the Web site are protected by
copyright, trademark, patent, or other intellectual property rights
of Hamari Chemicals and its licensors. Except as expressly provided,
nothing within the Web site or Materials shall be construed as conferring
any license under any of Hamari Chemicals' or its licensors' intellectual
property rights, whether by estoppel, implication, waiver, or otherwise.
Hamari Chemicals grants you a limited, personal, nontransferable,
nonsublicensable, revocable license to (a) access and use the Web
site and Materials only in the manner presented by Hamari Chemicals
and as expressly permitted by Hamari Chemicals. Except as expressly
provided herein, you agree that you will not copy, reproduce, alter,
reverse engineer, modify, create derivative works, or publicly display
any Materials from the Web site without the prior express written
permission of Hamari Chemicals. Notwithstanding the foregoing sentence,
you may download one copy of any Material expressly designated by
Hamari Chemicals as downloadable for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary
notices. Any other use of the Materials for any other purpose is
a violation of these Terms of Use and Hamari Chemicals' or its licensors'
copyright and other intellectual property rights. Use of any such
Material on any other web site or networked computer environment
is strictly prohibited.
Trademarks, Service Marks, and Trade Names
All trademarks, service marks, and trade names appearing in the Web
site are the property of Hamari Chemicals or the respective owners
of such marks or names, and are protected by Japan and international
copyright and trademark laws. You agree not to defame or disparage
Hamari Chemicals and its trademarks, service marks, and trade names,
or any other aspect of the Web site or the Materials. Any use of
any of the trademarks, service marks, or trade names appearing
throughout the Web site without the express written consent of
Hamari Chemicals or the owner of the mark or name, as applicable,
is strictly prohibited.
In using the Web site, you further agree you will: (1) not hold
yourself out as in any way sponsored by, affiliated with, or endorsed
by Hamari Chemicals or its service providers, and (2) not access,
copy, or download portions of the Web site that are not intended
for the public, including, but not limited to, any software and programs
used in connection with the Web site and the Materials.
Any rights not expressly granted in these Terms of Use are reserved.
Spidering, Monitoring, and Interference
You agree you will: (1) not use any robot, spider, other automatic
device, or manual process to monitor or copy the pages of the Web
site or the Materials contained herein without the prior express
written permission of Hamari Chemicals; (2) not use any device,
software or routine to interfere or attempt to interfere with the
proper working of the Web site; and (3) not take any action that
imposes an unreasonable or disproportionately large load on Hamari
Chemicals’ infrastructure.
Products And Pricing
All products sold as a result of accessing the Web site will be subject
to the then current version of Hamari Chemicals’ standard
terms of sale unless otherwise agreed by Hamari Chemicals. You
agree that the prices, configurations and availability of the Hamari
Chemicals products may be subject to change by Hamari Chemicals
at any time.
Links to other Internet Sites
The Web site may contain links to other internet sites and services
that are operated and maintained by third parties. You acknowledge,
understand and agree that Hamari Chemicals will not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or
reliance on any such content, products or services available on
such other sites.
Links to the Web Site or Materials
Linking to any page of the Web site other than to http://www.hamarichemicals.com
through a plain text link is strictly prohibited in the absence
of a separate linking agreement with Hamari Chemicals. Any web
site or other device that links to http://www.hamarichemicals.com
or any page available therein is prohibited from (a) replicating
Materials, (b) using a browser or border environment around the
Materials, (c) implying in any fashion that Hamari Chemicals or
any of its affiliates are endorsing it or its products, (d) misrepresenting
any state of facts, including its relationship with Hamari Chemicals
or any of its affiliates, (e) presenting false information about
Hamari Chemicals products or services, and (f) using any logo or
mark of Hamari Chemicals or any of its affiliates without express
written permission from Hamari Chemicals.
Changes
Hamari Chemicals reserves the right to modify, suspend, or discontinue
any portion of the Web site and Materials at any time, with or
without notice. Hamari Chemicals reserves the right to modify any
part of these Terms of Use at any time. Any modifications shall
be effective upon posting to the Web site. You agree to review
these Terms of Use periodically so that you are aware of any such
modifications. Your continued use of the Web site after any such
modifications have been posted shall be deemed to be your acceptance
of any modifications to the Terms of Use. If, at any time, the
Terms of Use are not acceptable to you, you should immediately
cease use of the Web site. You agree that the above-stated standard
for notice of modifications is reasonable.
WARRANTY DISCLAIMER
THE WEB SITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS
IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HAMARI CHEMICALS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY
LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY HAMARI CHEMICALS,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT,
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. HAMARI CHEMICALS DOES NOT WARRANT THAT THE WEB SITE
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU (AND NOT HAMARI CHEMICALS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
HAMARI CHEMICALS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING
(1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY,
AVAILABILITY, OR OPERATION OF THE WEB SITE AND THE MATERIALS; (2)
YOUR USE OF THE WEB SITE OR MATERIALS; OR (3) ANY THIRD-PARTY PRODUCTS
AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEB SITE YOU MAY ACCESS
THROUGH THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL HAMARI CHEMICALS, ITS SUPPLIERS, OR LICENSORS, THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES
AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE
OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD
PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE
USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEB
SITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE
OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY,
EVEN IF HAMARI CHEMICALS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH HAMARI
CHEMICALS, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY
INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. THIS SECTION WILL APPLY ONLY WHEN AND TO THE
EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION
AND LIMITATION.
Indemnity
You agree to indemnify and hold harmless Hamari Chemicals, its suppliers
and licensors, their respective officers, directors, employees,
agents, and affiliates, and each of them from any third-party claim,
liability, loss, damage, cost, or expense (including without limitation
reasonable attorneys’ fees) arising out of or related to
your use of the Web site or any Materials it contains; your failure
to comply with these Terms of Use; your infringement, violation,
or misappropriation of any third party rights or any applicable
law or regulation.
Jurisdiction
The Web site is controlled and operated by Hamari Chemicals from
its offices within Osaka, Japan. Hamari Chemicals makes no representation
that Materials in the Web site are appropriate or available for
use in other locations. Those who choose to access the Web site
from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. Use of the Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms of Use,
including without limitation this paragraph.
General
These Terms of Use shall be governed by, and construed in accordance
with, the laws of Japan without regard to its conflicts of law
principles. Hamari Chemicals' performance of these Terms of Use
is subject to existing laws and legal process, and nothing contained
in these Terms of Use shall derogate Hamari Chemicals' right to
comply with law enforcement requests or requirements relating to
your use of the Web site or information provided to or gathered
by Hamari Chemicals with respect to such use. If any provision
of these Terms of Use shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these Terms of Use and shall not affect the validity and enforceability
of any remaining provisions. These Terms of Use constitute the
entire agreement between the parties relating to the subject matter
herein, and replace all prior or contemporaneous communications,
oral or written.
Date Last Modified: August, 2006.
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