Terms of Use

These terms of use set forth the terms and conditions between You and Japan Steel Works America, Inc. ("Company," "we" or "us") which govern your access to and use of www.jswamerica.com, including any content and services offered on or through www.jswamerica.com (the "Website").

Your use of this Website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein, including our Privacy Notice found at www.jswamerica.com/privacy.html, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Website.

By using this Website, you represent and warrant that you are 18 years of age or older and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. By accessing or using the Website, you are indicating that you agree with and have read the most recent version of this Agreement and agree to be bound by this Agreement.

Changes to the Terms of Use

We may revise and update these Terms of Use at any time in our sole discretion and without prior notice. All changes are effective immediately upon being posted, and shall apply to all access to and use of the Website thereafter.

Accessing the Website and Account Security

The Company shall not be liable in the event that all or any part of the Website is unavailable at any time or for any period. At times, we may restrict access to certain parts of the Website, or the entire Website, or to users of the Website. You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or any of the services or resources offered by the Website, you may be asked to provide certain details or other information. Use of our Website is made upon the condition that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice available at www.jswamerica.com/privacy.html.

Any user name, password or any other piece of information that you use as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you must not allow any other person with access to this Website or portions of it using your user name, password or other security information. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You must also ensure that you exit from your account at the end of each session.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

All copyrights, trademarks, trade dress and other intellectual property and materials, including photographs, images, text, graphics, icons, illustrations, formats, logos, designs, icons, and written and other materials constitute intellectual property that is owned, controlled or licensed by the Company, one of our affiliates or by third parties who have licensed their materials to the Company and are protected by U.S. and international trademark and copyright laws. You may not use, copy, modify or display any of the intellectual property on this Website without the express written permission of the owner.

Prohibited Uses

You agree not to: (a) access or attempt to access any information, documents or material that you are not authorized to access not intentionally made available through the Website; (b) disrupt or interfere with the security of, or otherwise cause harm to the Website, or to any material, documents, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked websites; (c) access or use the Website in any manner that could damage, disable, or impair any Company server and/or server used by Company in connection with the Website or any network(s) connected to any Company server and/or server used by Company in connection with the Website; (d) use any material or documents accessed through the Website in any manner that infringes upon any intellectual property rights or other rights of any party; (e) post or otherwise submit any software, programs or files via the Website that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (f) disrupt, interfere with or inhibit any other user from using and enjoying the Website or other websites, material, documents or services associated with Company; (g) violate any applicable laws or regulations related to the access to or use of the Website, and/or any portion thereof, and/or engage in any activity prohibited by this Agreement; (h) compile, use, download or otherwise copy any Website user information and/or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party; (i) use the Website to engage in any chain letters, junk e-mail pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (j) frame, mirror, or use framing techniques on any part of the Website without Company’s express prior written consent; (k) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Website content; (l) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website; or (m) remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

Any information that is collected on this Website is subject to our Privacy Notice available at www.jswamerica.com/privacy.html. By using the Website, you consent to any actions that we may take with respect to your information as set forth in the Privacy Notice.

Links from the Website

This Website may contain links to sites owned or operated by parties other than the Company which are provided for your convenience only. The Company does not control these outside websites and is not responsible for any damage or loss arising to any use or reliance upon any third party content displayed on the website, any linked third party website, or any link contained in a linked website.

Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO VIDEOS, USER CONTENT AND ALL OTHER CONTENT, STATEMENTS, AND OTHER INFORMATION CONTAINED IN OR DESCRIBED ON THE WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COMPANY OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability

THE COMPANY, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL NOT BE RESPONSIBLE OR BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

Indemnification

You agree to defend, indemnify and hold harmless Company, its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorneys’ fees, arising out of your use of these Terms of Use and this Website, including without limitation, any information or content you post and/or submit to the Website, any material you download from the Website or any interference with the operation of the Website.

Choice of Law and Jurisdiction

This website is intended for use only to residents of the United States. Any legal dispute arising under these Terms of Use shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or the use of our website must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

Any waiver by the Company of any term or condition set forth in these Terms of Use shall not be deemed as any further or continuing waiver of such term or condition or as a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision or any part of any provision of these Terms of Use is for any reason held to be invalid, unenforceable or contrary to any public policy, law, statute and/or ordinance, the remaining terms and conditions shall not be affected, and shall remain valid and fully enforceable.

Entire Agreement

These Terms of Use, our Privacy Notice, and our Terms of Sale serve as the entire understanding and agreement between you and Japan Steel Works America, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.