Website Terms of Use
Last Modified: February 24, 2023
Acceptance of the Terms of Use
These terms of use are entered into by and
between You and Fuji America Corporation ("Company," "we,"
or "us"). The following terms and conditions ("
Terms
of Use
"), govern your access to and use of www.fujiamerica.com,
including any content, functionality, and services offered on or through www.fujiamerica.com
(the "Website").
Please read the Terms of Use carefully
before you start to use the Website.
By using the Website or by clicking to
accept or agree to the Terms of Use when this option is made available to you,
you accept and agree to be bound and abide by these Terms of Use.
If you do
not want to agree to these Terms of Use, you must not access or use the
Website.
This Website is offered and available to
users who 18 years of age or older and reside in or do business from the United
States or any of its territories or possessions or Canada. By using this
Website, you represent and warrant that you are of legal age to form a binding
contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must not access
or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use
from time to time in our sole discretion. All changes are effective immediately
when we post them, and apply to all access to and use of the Website
thereafter.
Your continued use of the Website following
the posting of revised Terms of Use means that you accept and agree to the
changes. You are expected to check this page from time to time so you are aware
of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend
this Website, and any service or material we provide on the Website, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time
to time, we may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for both:
·
Making all arrangements necessary for you to have access to the
Website.
·
Ensuring that all persons who access the Website through your
internet connection are aware of these Terms of Use and comply with them.
You are not required to input any information to use the
Website, however, you may provide information to us through contact forms
posted on the Website. You warrant that information provided by means of the
Website is accurate and complete. Information you provide through the Website
is subject to our privacy policy.
Intellectual Property Rights
The Website and its entire contents,
features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection,
and arrangement thereof) are owned by the Company, its licensors, or other
providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws.
These Terms of Use permit you to use the
Website for informational purposes only, in your consideration of our goods and
services. You must not reproduce, distribute, modify, create derivative works
of, publicly display, publicly perform, republish, download, store, or transmit
any of the material on our Website, except as follows:
·
Your computer may temporarily store copies of such materials in
RAM incidental to your accessing and viewing those materials.
·
You may store files that are automatically cached by your Web
browser for display enhancement purposes.
·
You may print or download one copy of a reasonable number of
pages of the Website for your own personal, non-commercial use and not for
further reproduction, publication, or distribution.
·
If we provide desktop, mobile, or other applications for
download, you may download a single copy to your computer or mobile device
solely for your own personal, non-commercial use, provided you agree to be
bound by our end user license agreement for such applications.
You must not:
·
Modify copies of any materials from this site.
·
Use any illustrations, photographs, video or audio sequences, or
any graphics separately from the accompanying text.
·
Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of materials from this site.
You must not access or use for any commercial
purposes, other than for your consideration of our goods and services, any part
of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or
otherwise use or provide any other person with access to any part of the
Website in breach of the Terms of Use, your right to use the Website will stop
immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title, or interest in or to the Website or
any content on the Website is transferred to you, and all rights not expressly
granted are reserved by the Company. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all
related names, logos, product and service names, designs, and slogans are
trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names,
logos, product and service names, designs, and slogans on this Website are the
trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful
purposes and in accordance with these Terms of Use. You agree not to use the
Website:
·
In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
·
To transmit, or procure the sending of, any advertising or
promotional material, including any "junk mail," "chain
letter," "spam," or any other similar solicitation.
·
To impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including, without
limitation, by using email addresses associated with any of the foregoing).
·
To engage in any other conduct that restricts or inhibits
anyone's use or enjoyment of the Website, or which, as determined by us, may
harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
·
Use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party's use of the
Website, including their ability to engage in real time activities through the
Website.
·
Use any robot, spider, or other automatic device, process, or
means to access the Website for any purpose, including monitoring or copying any
of the material on the Website.
·
Use any manual process to monitor or copy any of the material on
the Website, or for any other purpose not expressly authorized in these Terms
of Use, without our prior written consent.
·
Use any device, software, or routine that interferes with the
proper working of the Website.
·
Introduce any viruses, Trojan horses, worms, logic bombs, or
other material that is malicious or technologically harmful.
·
Attempt to gain unauthorized access to, interfere with, damage,
or disrupt any parts of the Website, the server on which the Website is stored,
or any server, computer, or database connected to the Website.
·
Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
·
Otherwise attempt to interfere with the proper working of the
Website.
Reliance on Information Posted
The information presented on or through the
Website is made available solely for general information purposes. We do not
warrant the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
This Website may include content provided
by third parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting services. All
statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by
the Company, are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not necessarily reflect
the opinion of the Company. We are not responsible, or liable to you or any
third party, for the content or accuracy of any materials provided by any third
parties.
Changes to the Website
We may update the content on this Website
from time to time, but its content is not necessarily complete or up-to-date.
Any of the material on the Website may be out of date at any given time, and we
are under no obligation to update such material.
Information About You and Your Visits
to the Website
All information we collect on this Website
is subject to our
Privacy Policy
. By using the Website, you
consent to all actions taken by us with respect to your information in compliance
with the Privacy Policy.
Linking to the Website
You may link to our homepage, provided you
do so in a way that is fair and legal and does not damage our reputation or
take advantage of it, but you must not establish a link in such a way as to suggest
any form of association, approval, or endorsement on our part.
You agree to cooperate with us in causing
any unauthorized framing or linking immediately to stop. We reserve the right
to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other
sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide
to access any of the third-party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.
Geographic Restrictions
The owner of the Website is based in the
State of Illinois in the United States. We provide this Website for use only by
persons located in the United States and Canada. We make no claims that the
Website or any of its content is accessible or appropriate outside of the
United States or Canada. Access to the Website may not be legal by certain
persons or in certain countries. If you access the Website from outside the
United States and Canada, you do so on your own initiative and are responsible
for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet or
the Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to our site for any
reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN
NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT
ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, licensors, and service providers, and its
and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not
limited to, your User Contributions, any use of the Website's content,
services, and products other than as expressly authorized in these Terms of
Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and
these Terms of Use, and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of Illinois
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding
arising out of, or related to, these Terms of Use or the Website shall be
instituted exclusively in the federal courts of the United States or the courts
of the State of Illinois, in each case located in the County of Cook, although
we retain the right to bring any suit, action, or proceeding against you for
breach of these Terms of Use in your country of residence or any other relevant
country. You waive any and all objections to the exercise of jurisdiction over
you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or
condition set out in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision under these Terms
of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is
held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the Terms
of Use will continue in full force and effect.
Entire Agreement
The Terms of Use constitute the sole and
entire agreement between you and Fuji America Corporation regarding the Website
and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Fuji America
Corporation, operating from its headquarters at 171 Corporate Woods Parkway,
Vernon Hills, Illinois 60061.
All notices of copyright infringement
claims should be sent to
: privacy@fujiamerica.com
All other feedback, comments, requests for
technical support, and other communications relating to the Website should be
directed to: privacy@fujiamerica.com.