1. Changes to these Terms
We may change, modify, add or remove any part in these Terms from time to time in our sole discretion. All changes are effective immediately when the same are posted, and apply to all access to and use of the Website thereafter. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Website following the posting of the revised Terms means that you accept and agree to the changes.
2. Changes to our Website
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
3. Accessing our Website
We do not guarantee that our Website, or any content on it, will always be available or uninterrupted. Access to our Website is permitted on a temporary basis. We may in our sole discretion, suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
The Website is intended for and directed to customers who are residents in Japan. If you are not a resident in Japan, you may use the website of the country/ region in which you are a resident below:
Country-specific/ Region-specific Website
Hong Kong SAR
Other country/ region in Asia
4. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Website, and in all the information, data, text, software, music, sound, photographs, graphics, video, messages, design or other materials displayed on or available on the Website. The Website and its contents are protected by copyright, trademarks, service marks, patents, trade secret or other proprietary rights and laws around the world. All such rights are reserved.
All our trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to the Company and/or its subsidiaries and/or affiliates. Notwithstanding anything to the contrary, you may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent from us.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. No Reliance on Information
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
6. Content Standards
These content standards (hereinafter referred to as “Content Standards”) apply to any and all material which you contribute to our Website (hereinafter referred to as the “Contributions”), and to any interactive services associated with it. You must comply with the spirit and the letter of the following Content Standards.
Be accurate (where they state facts) and genuinely held (where they state opinions).
Comply with all applicable laws and regulations from which they are posted.
Contributions must not:
Contain any material which is obscene, offensive, hateful or inflammatory in nature or defamatory of any person.
Promote any illegal activity, sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any intellectual property rights, including but not limited to copyright, database right or trade mark of any other person.
Be likely to deceive any person or to harass, upset, embarrass, alarm or annoy any other person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. Prohibited Uses
You must use our Website only for lawful purposes. You must not use our Website:
- In any way that breaches any applicable law or regulation and is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt (i) any part of our Website; (ii) any equipment or network on which our Website is stored; (iii) any software used in the provision of our Website; or (iv) any equipment or network or software owned or used by any third party.
8. Uploading Content to our Website
We may from time to time provide interactive services on our Website as we may deem necessary. Whenever you make use of a feature that allows you to post, submit, publish, display or in any way upload content to our Website, or to make contact with other users of our Website, you must comply with the Content Standards.
You warrant that any such Contribution does comply with those Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are deemed to have consented to grant us and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties to the fullest extent permitted by law.
We also have the right (to the fullest extent permitted by law) to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the Content Standards. The views expressed by you or other users on our Website do not represent our views or values. You are solely responsible for securing and backing up your content. If, however, you believe that any content displayed in our Website violates your copyright, please notify us immediately at [email protected].
9. Suspension and Termination
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate, including but not limited to:
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
11. Disclaimer and Limitation of our Liability
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 it makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. To the fullest extent permitted by the applicable law, we disclaim 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.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website. Please note that in particular, we will not be liable for your:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
Nothing in these Terms shall limit or exclude any liability that cannot be excluded or limited by applicable law.
If, notwithstanding any other provisions in these Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected to your use of our Website or its content, our aggregated liability to you shall not exceed USD5,000.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries and 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 or your use (or the use by your employees or persons under your control) of the Website, including, but not limited to, your Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
13. Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Content Standards.
14. Third-Party Links and Resources on our Website
Where our Website contains links to other websites and resources provided by third parties, including the links contained in advertisements such as banner advertisements and sponsored links, the links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them. Certain of these linked websites may make use of our proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from the Company. We are not responsible for the availability or content of these websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these Websites should not be interpreted as our endorsement or approval of the persons, entities and/or organisations operating and/or sponsoring the websites or their products or services. We will not be liable for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.
15. Waiver and Severability
No waiver by us of any term or condition set forth in these Terms 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 by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 these Terms will continue in full force and effect.
16. Entire Agreement
17. Applicable law
By accessing our Website, you agree that any claim relating to the Website shall be governed by the laws of Hong Kong SAR without giving effect to any principles of conflicts of law, provided that we reserve the right to pursue legal proceedings (be it civil or criminal) in any jurisdiction having control over you and your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong SAR courts.
18. Contact Us
To contact us, please visit https://www.milwaukeetool.co.jp/contact.
Thank you for visiting our Website.