Terms and Conditions

Effective Date: 7/9/19

Okamoto U.S.A. Inc. provides access to this website (“Site”) as a service to our [consumer] customers and business partners. We welcome visitors to our Site but want to make it clear that certain Terms and Conditions apply to your use of the Site. For purposes of these Terms and Conditions, “you” and “your” shall include not only you as user and the individual, person, or entity to whom access to this Site has been provided hereunder, but shall also include all individuals, persons, and/or other entities over which you exercise any degree of control or authority, or whose actions you control, authorize, facilitate, or otherwise permit. The sole authorized use of the Site is to obtain information about Okamoto’s products, services, technologies and promotions. No other use is permitted.

Please read these Terms and Conditions carefully before accessing or using any tools or content provided on our Site. The terms stipulated here constitute a legal agreement between you, as a visitor to our Site, and Okamoto. By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you are not willing to be bound by these Terms and Conditions, you may not access the Site.

Okamoto U.S.A. Inc. may modify these Terms and Conditions at any time and updated Terms and Conditions will be posted on our Site. Any modifications are effective immediately upon posting; the date the Terms and Conditions was last revised is identified at the top of the page. Your continued use of the Site after such modifications are posted shall be deemed conclusive evidence of your acceptance of the modified Terms and Conditions.

Website Content

You acknowledge that the Site contains “Website Content,” which collectively refers to any of the following owned by Okamoto U.S.A. Inc. or its affiliates: any text, graphics, images, information, software, audio and video clips, links, logos, icons, and other material, including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress, service marks and trademarks, including the Marks (as defined below). Our Website Content may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on our Site without prior notice.

The Rights We Grant to You

Okamoto U.S.A. Inc. grants you the privilege of accessing and viewing the Website Content on this Site solely for your personal and informational use. Okamoto may revoke such privilege at any time, with or without notice, for any reason or no reason. Any and all Website Content, software and other works on the Site and any reproductions of the foregoing (collectively, “Works”) are the copyrighted works of Okamoto and/or its affiliates and suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Unauthorized use of Website Content and Site material – including any visible scripting, website templates, or other technology – violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Website Content on any copy you make of such material. You may not sell or modify our Website Content or reproduce, display, distribute, or otherwise use the Website Content or other Site material in any way for any public or commercial purpose. The names, marks and logos included in our Website Content are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to Okamoto or one of its affiliates. Marks not belonging to us belong to their respective third-party owners and we claim no rights to them. The use of these marks or Website Content, except as expressly provided in these Terms and Conditions, is prohibited.

Rights to the Website Content

Okamoto U.S.A. Inc. reserves the right to alter or delete Website Content or other material from our Site at any time.

All Website Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, or unless otherwise stated, is owned by Okamoto or one of its affiliates, whether or not such rights are expressly identified in, or in connection with, such Website Content.

You understand and agree that you may not remove, alter or cover any copyright or other proprietary notices placed on our Site. Other than the limited grant of access to and viewing of the Website Content set forth above, Okamoto U.S.A. Inc. grants you no other privileges or rights in any of the Website Content or Works. You acknowledge that any other use of the Website Content or Works, including without limitation, reproduction, distribution, transmission, republication, display or performance, without express written permission of Okamoto U.S.A. Inc., is strictly prohibited.

Unless otherwise specified, you may not sell, rent, modify, reproduce, display, distribute, redistribute, republish, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use our Website Content, in whole or in part, in any way without our prior written consent.

Product Sample Requests

Requests for product samples will only be honored for those who are qualified customer prospects of Okamoto U.S.A. Inc. products or services. Okamoto reserves the right to withhold shipment of product samples at its discretion.

Trademarks

The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Site are registered and unregistered trademarks of Okamoto U.S.A. Inc. and others. You acknowledge that the Marks used and displayed on this Site are and shall remain the sole property of Okamoto U.S.A. Inc. or the Mark owner. Unless you are expressly granted permission otherwise, nothing contained within this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license in and to the Marks. Your misuse of the Marks on this Site is strictly prohibited.

Improper Use of Our Site

You agree that you will not use our Site to transmit or distribute, or cause to be transmitted or distributed, any material that (1) violates any local, state, national or international laws; (2) violates the proprietary rights, intellectual property rights (including without limitation copyright and trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme.

Links to other Websites

Our Site may contain links to other websites and resources provided by third parties for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Okamoto has no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

Although we strive for accuracy in all elements of the Site, and material provided therein, it may contain inaccuracies or typographical errors. We assume no liability or responsibility for, and make no representations about, the accuracy, reliability, completeness, or timeliness of the material on this Site or about the results to be obtained from using our Site.

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEBSITE. OKAMOTO U.S.A. INC. DOES NOT GUARANTEE OR WARRANT THAT FILES OR WEBSITE CONTENT AVAILABLE FOR DOWNLOAD FROM THIS SITE WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability

Your use of this Site is at your own risk. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The above disclaimer includes damages to or viruses that may infect your computer equipment.

Indemnification

You agree to indemnify, defend and hold harmless Okamoto U.S.A. Inc., its officers, directors, employees, agents, suppliers (and those of its affiliates) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions, or any activity relating to your account (including negligent or wrongful conduct) by you or any other person accessing the Site on your account or behalf.

Your privacy is important to Okamoto. Okamoto U.S.A. Inc.’s Privacy Policy, available at [link to Privacy Policy], explains users’ rights and responsibilities with respect to information collected on this Site. All information Okamoto collects on this Site is subject to our Privacy Policy and the Privacy Policy is hereby incorporated into these Terms and Conditions by reference.

Subject to the terms and conditions set forth in our Privacy Policy, any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary information. Okamoto or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Okamoto U.S.A. Inc. and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

Location

This website originates from the United States of America. We make no representations that the information on our Site is appropriate or available for use in any location outside of the United States.

Communications

Although Okamoto U.S.A. Inc. may review communications by users or third parties posted on the Site, it is under no obligation to do so, and assumes no responsibility for such communications. Okamoto U.S.A. Inc. reserves the right, but is not obligated, to review communications and materials posted or uploaded to the Site, and to block or remove communications or materials that it determines to be (a) fraudulent, deceptive, or misleading; (b) in violation of a copyright, trademark, or other intellectual property right of another; (c) abusive, defamatory, or obscene; or (d) offensive, objectionable or otherwise unacceptable to Okamoto U.S.A. Inc. in its sole discretion.

Miscellaneous

These Terms and Conditions, together with our Privacy Policy and any other agreement that may be separately entered into by you and Okamoto, constitute the entire agreement between you and Okamoto U.S.A. Inc., and supersede all other agreements, representations and understandings regarding the subject matter contained herein, whether written or oral. You may not modify these Terms and Conditions without Okamoto’s prior written consent. Okamoto may modify these Terms and Conditions at any time without notice. You should regularly review these Terms and Conditions for any modifications or amendments, as your continued use of this Site after a modification or amendment signifies your assent and agreement to these Terms and Conditions, as amended. If any clause or provision of these Terms and Conditions is determined to be illegal, invalid, or unenforceable, then all other clauses or provisions not so determined to be illegal, invalid, or unenforceable shall remain in full force and effect. These Terms and Conditions and your use of the Site shall be governed by the laws of the United States of America and the State of New Jersey, without regard to conflicts of laws principles.

Contacting Okamoto

If you have any questions, comments, or concerns relating to these Terms and Conditions, our Privacy Policy, the Site, or Okamoto, please contact us at: 1-800-283-7546