1. Acknowledgment and Acceptance
Yamada America, Inc. (“Yamada”) provides the use of this Yamada web site (located at www.yamadapump.com) (“Web Site”) to you, conditioned upon your acceptance without modification of the following terms and conditions. Please review these Terms and Conditions carefully. By using this Web Site, you are agreeing to these Terms and Conditions. If you do not agree or do not wish to abide by these Terms and Conditions, you may not use this Web Site or download material.
2. Use of Yamada Web Site Intended for Users 13 Years of Age or Older
The Yamada Web Site is intended for use strictly by individuals 13 years of age or older. The Yamada Website is not directed for use by children under the age of 13. Users under the age of 13 must be assisted by a parent or guardian to use this Web Site.
3. Intellectual Property Rights
All contents, text, images, data, information and other material displayed, available or present on this Web Site, including any trademarks or copyrights, are the property of Yamada or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Yamada, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Web Site or any Content without the prior written permission of Yamada.
4. Authorized and Prohibited Uses
You will comply with all applicable laws in connection with your use of this Web Site. Yamada may, in its discretion, modify, edit, translate, suspend, restrict access to or terminate this Web Site, these Terms and Conditions, the Content or any link at any time without liability or prior notice. In the event you link this Web Site to another web site to which Yamada objects, upon notice of such objection from Yamada, you agree to immediately discontinue such link. Moreover, you agree that no link shall be made to any page or frame of this Web Site except to the first or top page.
5. Limitation of Liability and Disclaimers
Any and all content appearing on this Web Site is provided for informational purposes only. This Web Site, its content and its links are provided on an “As Is”, “As Available” basis and are used only at your sole risk, to the fullest extent permissible by law. YAMADA and its affiliated companies disclaim all warranties, express or implied, of any kind, regarding this Web Site (including its content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. YAMADA and its affiliated companies will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with use of the Internet, this Web Site, it content or its links.
You will defend, indemnify and hold harmless Yamada and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms and Conditions or dealings or transactions with other persons resulting from use of this Web Site.
7. Applicable Law and Forum
This Web Site, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. The state and federal courts located in Chicago, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Web Site or these Terms and Conditions. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Chicago, Illinois.
8. Miscellaneous Provisions
You represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of any entity which you represent. These Terms and Conditions constitute the entire agreement between the parties with respect to this subject matter and supersede any prior agreement or communication. These Terms and Conditions may only be modified by Yamada, at its sole discretion. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms and Conditions shall survive termination of this Web Site, any use by you of this Web Site and any Content, or these Terms and Conditions.