Mitsubishi Imaging Web Site
MITSUBISHI IMAGING (MPM), INC. TERMS AND CONDITIONS
Welcome to diamond-jet.com (the "e;Site"e;), an Internet web site operated by
Mitsubishi Imaging (MPM), Inc. ("e;Mitsubishi"e;). To purchase products or services
from this web site, you must agree to the following terms and conditions
(collectively, this "e;Agreement"e;). Please review this Agreement and click the
"e;I agree"e; button below if you agree to be bound by this Agreement. If you do
not agree to be bound by this Agreement, please click the "e;I disagree and wish
to exit"e; button below. Mitsubishi may update or modify this Agreement from time
to time. You should review this Agreement each time you visit the Site. Your
continued use of the Site indicates your agreement to comply with any changes
to this Agreement.
You must complete the member registration form to open an account.
Once you register, you will receive a user name and password that will allow you to
shop online. You certify that all information in the registration form is complete
and accurate. You must update the registration information whenever necessary to keep
it complete and accurate. You will be responsible for maintaining the security and
confidentiality of your user name and password, and for all authorized and
unauthorized uses of them. You must give Mitsubishi immediate written notice
of any unauthorized use or disclosure of your user name or password. If you report
an unauthorized use of your user name or password, Mitsubishi will cancel your old
user name and password, and you must reapply for a new account. You will comply at
all times with (a) all applicable laws, statutes, ordinances, rules, regulations
and orders (collectively, "e;Applicable Laws"e;) and (b) all rules, policies and
procedures Mitsubishi posts on the Site from time to time.
2. THE SITE.
During the term of this Agreement, you may purchase products or
services that are listed for sale on the Site. Mitsubishi reserves the right to
change the Site, including the products and services available, from time to time.
You are responsible for your own Internet access. You shall have no right, title
or interest in the Site other than the limited right to use it as expressly
provided in this Agreement. You shall not, and shall not permit any employee
or other person to, copy, make derivative works of, disassemble, decompile or
reverse engineer the Site. Mitsubishi reserves the right to terminate this
Agreement and your access to our online products, services and discussion forum
at any time for any reason or no reason.
3. USER SUBMISSIONS.
Mitsubishi welcomes your comments on our Site. However, you
acknowledge that if you send us creative suggestions, ideas, recipes, notes,
drawings, concepts, inventions or other information, (collectively, the
“Information”), the Information shall be deemed, and shall remain Mitsubishi
property. By submission of any Information to us, you assign to us and we
shall own exclusively all rights to such Information of every kind and nature
throughout the universe now known or hereafter existing. Mitsubishi shall be
entitled to unrestricted use of the Information for any purpose whatsoever,
commercial or otherwise, without compensation to you or the provider of the
As a user of this Web site, you are responsible for your own communications.
Therefore, do not do any of the following things:
Transmit to us material that is copyrighted, unless you are the copyright owner
or have the permission of the copyright owner;
Send material that reveals trade secrets, unless you own them or have the permission
of the owner;
Send material that infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others;
Send material that is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user or any other person or entity;
Intentionally or unintentionally violate or encourage conduct that would violate any
local, state, or federal law;
Send advertisements or solicitations of business;
Send chain letters or pyramid schemes; or
Impersonate another person.
Mitsubishi reserves the right to expel you and to prevent your further access to this
Site for violating these Terms and Conditions terms or the law. The violation of any
of these Terms and Conditions shall result in the immediate revocation of your right
to access or use the Site.
4. ORDERS; ACCEPTANCE.
You may place an order for products or services on the Site.
All orders Mitsubishi receives are subject to final acceptance by Mitsubishi, and no
order is binding on Mitsubishi until it accepts the order. Verbal orders are not accepted, however if you need assistance registering or placing an order on our website, contact us at 914-925-3200 or firstname.lastname@example.org.
Tax exempt customers must e-mail or fax a copy of your certificate before placing your order to 914-921-2495 or e-mail to email@example.com. Once we receive a copy of the certificate we will confirm back via e-mail or fax. Please include your e-mail and/or fax number. Once confirmed you can then place your order on our website. If an order is placed before we confirm receipt of your tax certificate you will be responsible for all taxes incurred on the order. Credit will not be issued for sales taxes charged.
5. PRICES; PAYMENT.
Mitsubishi may change the prices at any time, and only those
prices specified in an order accepted by Mitsubishi will apply to the order. If you
request that all or any part of the products be scheduled for delivery more than 30
days from the order date, the prices stated in the order are subject to change according
to any price increase by Mitsubishi effective as of the date of the scheduled shipment
date. You shall be responsible for and shall pay all sales, use, excise, privilege and
other taxes levied by any government, excluding taxes based on Mitsubishi's net income.
All sales are payable in U.S. Dollars. You must pay for your order with a valid credit
card at the time of your order. Mitsubishi accepts American Express, MasterCard and
Visa for online orders.
Mitsubishi Imaging will only ship to the United States and Canada. No other shipping destinations are available at this time. All domestic orders shall be shipped as set forth in more detail in the
shipping section of customer service. All risk of loss to products sold shall pass to
you upon Mitsubishi's delivery of the products to carrier. All delivery schedules are
estimates only. Mitsubishi will not be liable for any delay in the performance of an
order or in the shipment or delivery of products or for any damages relating to a delay.
Residents outside the United States are responsible for any additional tariffs and duties
which may apply to the purchase, shipment, delivery or import of your order.
7. RETURNED PRODUCTS.
You may return unopened products you purchase from the Site for
any reason within 30 days after you receive the products, but only if you follow the
Returns and Back Orders policy. You are responsible for the costs of returning the
products to Mitsubishi.
of Use. Mitsubishi may change this policy from time to time.
8. LIMITED WARRANTY; DISCLAIMER.
Mitsubishi warrants to the initial purchaser only that
the products sold to that purchaser will be free from defects in material or workmanship
for a period of 90 days after the date of delivery. Mitsubishi's sole obligation for any
nonconforming products shall be, in its sole discretion, to refund the purchase price
or to replace the products. No employee, agent or sales representative of Mitsubishi
shall have any authority to alter, expand or modify this Limited Warranty. This Limited
Warranty does not cover normal maintenance, items consumed during normal operation, use
under circumstances exceeding specifications, misuse, abuse, unauthorized alteration,
lack of proper procedure, or damage caused by natural causes such as fire, storm or flood.
This Limited Warranty is your exclusive remedy. Except as expressly provided in this
Agreement, Mitsubishi shall not be liable to you or any other person or entity in any
manner with respect to the products or services. EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT, MITSUBISHI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND AS TO
THE PRODUCTS AND SERVICES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ALL
REPRESENTATIONS AND WARRANTIES AS TO MERCHANTABILITY, THE FITNESS OF THE PRODUCTS
FOR ANY PARTICULAR PURPOSE, INFRINGEMENT, THE SUITABILITY OF THE PRODUCTS FOR YOUR
PURPOSES OR THE IMPACT OF THE PRODUCTS ON YOUR OPERATIONS.
9. MITSUBISHI DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL.
USE OF THE SITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING,
WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MITSUBISHI
SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “AT YOUR
OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALTHOUGH MITSUBISHI STRIVES TO
PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, PRODUCTS, SERVICES,
SOFTWARE, TEXT, GRAPHICS OR LINKS.
IN NO EVENT SHALL MITSUBISHI BE LIABLE TO ANY PERSON OR ENTITY FOR ANY
INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS.
MITSUBISHI SHALL NOT BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY
AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES AT ISSUE. Any action or
proceeding by you arising out of this Agreement, the products or services, or the Site shall
be forever barred unless it is commenced within one year after the claim or cause of action
has accrued or the period prescribed by the applicable statute of limitation or repose.
This site may contain links to web sites owned by third parties. These links are
provided solely as a convenience to you and are not an endorsement by Mitsubishi of the contents
on those other sites. Mitsubishi is not responsible for the content of any linked sites and
makes no representations regarding the content or accuracy of materials on such sites. If
you decide to visit any third-party sites using links from this Site, you do so at your own
risk. Consult the Uniform Resources Locator (“URL”) address identified in your browser to
determine whether you have linked to a third-party site.
12. CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING INFORMATION.
The Site may contain statements,
estimates or projections that constitute, "e;forward-looking statements"e; as defined under U.S.
federal securities laws. Forward-looking statements speak only as of the date they are made.
Certain risks and uncertainties could cause actual results to differ materially from Mitsubishi's
present expectations or projections contained in forward-looking statements. Mitsubishi's
filings with the Securities and Exchange Commission (the "e;SEC"e;), including its Annual Report
on Form 10-K, may identify these risks and uncertainties. These filings are available from
the SEC. You should not place undue reliance on forward-looking statements. Mitsubishi undertakes
no obligation to publicly update or revise any forward-looking statements.
13. SELECTION AND APPLICATION.
You are solely responsible for the proper selection and application
of the products and services. You shall use and apply the products only for their intended uses
and according to specifications and limitations established by Mitsubishi from time to time. You
shall indemnify, defend and hold harmless Mitsubishi and its affiliates, directors, officers,
employees and agents from and against any and all third party damages, claims, expenses and
attorneys' fees arising out of or relating to the improper selection, application, use or
incorporation of the products or misuse or abuse of the products.
14. FORCE MAJEURE.
Mitsubishi shall not be liable for delays or failures to perform caused,
directly or indirectly, by acts of God, acts or failures to act by any governmental authority,
wars (declared or undeclared), strikes or other labor disputes, fires, floods, earthquakes,
storms, epidemics and other natural calamities.
Any notice permitted or required under this Agreement shall be deemed given if in
writing and delivered personally, deposited in the United States mail, certified mail, return
receipt requested, or sent by facsimile to the respective addresses of Mitsubishi and Customer.
Mitsubishi is an independent contractor, and nothing in this Agreement or on the
Site shall be construed as creating a partnership, joint venture, agency or fiduciary relationship
with you. This Agreement and any dispute or claim relating to this Agreement or Mitsubishi's
products or services shall in all respects be governed by and construed according to the laws
of the State of New York. The United Nations Convention on the International Sale of Goods is
expressly excluded and shall not apply. Any action or proceeding relating to this Agreement,
Mitsubishi's products or services or this Site shall be commenced and heard exclusively in the
state and federal courts for Westchester County, New York, and both parties consent and submit
to the jurisdiction and venue of those courts. The provisions of this Agreement are severable,
and the invalidity or enforceability of any provision shall not affect the validity or enforceability
of any other provision. This Agreement constitutes the entire agreement between Mitsubishi and
you regarding the subject matter and supersedes all prior oral or written statements, negotiations
and agreements, usages of trade and courses of dealing.