Privacy Policy, Legal Notices and Terms of Use

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.


1. REGISTRATION.

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 information.


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 eorders@mitsubishiimaging.com.

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 eorders@mitsubishiimaging.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.


6. DELIVERIES.

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.


8. PRIVACY POLICY.

You agree to the Mitsubishi Privacy Policy, Legal Notices and Terms 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.

IF YOUR 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.


10. LIMITATIONS.

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.


11. LINKS.

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.

15. NOTICES.

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.

16. GENERAL.

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.