2. Copyright. The text, data, content, organization, images, photographs, graphics, design, software (including the underlying source and object codes), digital conversion and any other materials included in or related to the Site are our property and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The collection, arrangement and assembly of all content on the Site is copyrighted as a “collective work” under the United States Copyright Laws and we own a copyright in the selection, coordination, arrangement and enhancement of such content. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Limited Right to Use. You may use the content and software on the Site as an information and shopping resource. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for your sole personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not modify any of the information contained on the Site and may not remove any copyright, trademark or other proprietary notices related to such content. The license granted under this section does not extend to any content owned by third parties and our licensors. Any use of the Site not described herein is strictly prohibited, except as may be granted by us pursuant to password access.
4. Trademark Ownership. The registered and unregistered trademarks, service marks and logos that are used and displayed on the Site (the “Trademarks”) are owned by us, our affiliates or others. You should not construe anything on the Site as granting expressly, by implication, estoppel or otherwise, any license or right to use any Trademark. Without limiting the foregoing, you may not use the Trademarks (a) to identify products or services that are not affiliated with us; (b) in any manner likely to cause confusion; (c) in or as part of your own trademarks; (d) in a manner that implies that we sponsor or endorse your products or services; or (e) in any manner that disparages or discredits us. We aggressively enforce our intellectual property rights to the fullest extent of the law.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
6. Pricing and Payment Terms.
1. By placing an order to purchase a product or service, you agree to pay the purchase price set forth on the Site. We are not responsible for any incorrect price listing on the Site due to a typographical error, an error in pricing information received from our suppliers, or our failure to timely update pricing information. If any price is listed incorrectly, we shall have the right to cancel any order placed for the product or service, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account.
2. Payment terms are within our sole and absolute discretion and, unless otherwise agreed to by us in writing, payment must be received by us prior to our acceptance of your order. Payment for any product or service purchased through the Site must be made by credit card unless some other form of payment is agreed to by us in writing.
3. You represent and warrant that if you purchase something from us: (i) any credit card information you supply will be true, correct and complete; (ii) you will use your best efforts to ensure that your credit card company honors any charges incurred by you; and (iii) you will promptly pay the charges incurred by you at the posted prices, including any applicable taxes.
7. Sales Tax; Shipping and Handling Charges. The purchase prices posted on the Site do not include sales tax. We will charge applicable sales tax where permitted. If we do not charge a sales tax, you will be responsible for the payment of any applicable sales or use tax in the state, county or municipality in which you reside.
Purchase prices do not include shipping and handling charges. By placing an order, you agree to pay the shipping and handling charges set forth on the order form or in the case of internet orders on the site’s check out page. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
8. Return Policy. If you have any questions or concerns with your purchase or if you wish to return any items, you can either contact us or call toll-free at 1-800-779-5846 from Monday to Friday, 9:00 a.m. to 5:00 p.m. central standard time.
9. Links to Other Websites. The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website to our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party Sites, you do so at your own risk.
10. Third-Party Services. We allow access to, or advertise, third-party merchant websites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such Sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
12. Indemnification. To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, the Policy or your use of the Site. This provision is intended to be as broad and as inclusive as is permitted by the lows of New Jersey.
13. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE USE OR OPERATION OF THE SITE OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) RELATED TO THE SITE, ITS USE OR OPERATION AND ANY INFORMATION AVAILABLE ON THE SITE. THE SITE, AND THE INFORMATION AND SERVICES AVAILABLE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW WE AND OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement. This provision is intended to be as broad and as inclusive as is permitted by the lows of New Jersey.
15. Termination. We reserve the right, in our sole discretion, to immediately and without notice suspend or terminate your registration or ability to access the Site or any other service provided to you by us upon any breach by you of the Agreement or the Policy or upon your demonstration of conduct that we determine to be inappropriate.
16. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents or to purchase products or services is not transferable.
18. Governing Law/Venue. The Site (excluding any linked websites) is controlled by Noritake Co., Inc. from its offices in the State of Ohio, United States of America. It can be accessed from all 50 states as well as from other countries around the world. By accessing the Site, you agree that the statutes and laws of the State of Ohio, without regard to conflicts of law principle thereof, will apply to all matters relating to your use of the Site including any purchases of products or services. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts located in Hamilton County, Ohio, with respect to such matters.
20. Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
21. Miscellaneous. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect.