Terms and Conditions of Use (“Terms of Use”)
By accessing or using this website, you are agreeing to be bound by these terms and conditions and all applicable laws and regulations. If you do not agree with any of these terms and conditions, do not access or use this site.
Governing Law
This website is operated or controlled by Ushio Europe B.V. (“Ushio”) from within the Netherlands. Ushio’s principal office is located in the State of Noord Holland, the Netherlands. You agree that your use of this website, and any claims you may have relating to such use, are governed by the laws of the Netherlands, to the extent applicable, the federal laws of the Netherlands. You agree to the exclusive jurisdiction and venue of the state and federal courts located in the Netherlands for adjudication of any claims you may have by reason of your accessing or using this site. Ushio makes no representation that this website is appropriate or available for use in other locations outside the Netherlands, and access to this website from states, territories, or nations where any aspect of the website is illegal is prohibited. You access this website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the website.
Copyright
The material contained on this website, including graphics, text elements, site design, logos, images and icons, as well as the selection, assembly and arrangement thereof, is protected by law, including the Netherlands copyright law and international treaties. All rights, title and interest in the material are reserved. Except as otherwise expressly stated in this website, no material may be copied, reproduced, republished, posted, transmitted, distributed or otherwise used without the prior written consent of Ushio or the copyright owner. You may download materials we may make available for downloading from our website, provided that you do so for your own personal, non-commercial use and you do not republish or otherwise transfer the material.
Trademarks
Certain of the trademarks, logos, and service marks displayed on this website, including without limitation “Ushio,” “EPITEX,” are trademarks of Ushio and/or its affiliates. All other trademarks not owned by Ushio and/or its affiliates that appear on this website are the property of their respective owners. Any use of such marks, including without limitation as domain names and meta tags, without the prior written permission of the trademark owner is strictly prohibited.
Disclaimer and Limitation of Liability
THE MATERIAL PROVIDED ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Ushio DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO ANY MATERIAL PROVIDED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION. Ushio ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Ushio SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, RELATING TO YOUR USE OF THIS WEBSITE, WHETHER OR NOT Ushio IS ADVISED THAT ANY SUCH DAMAGES MAY OCCUR. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THIS WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You expressly absolve and release Ushio from any claim of harm resulting from a cause beyond Ushio’s control, including without limitation failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.
Indemnity
You agree to defend, indemnify, and hold harmless Ushio and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms of Use.
Links to Other Internet Sites
As a service to users of this website, Ushio may provide links to other websites that Ushio has no control over. Ushio shall have no liability relating to your use of any other third party website to which this website may be linked.
Your Account
By using this site, you agree to maintain the confidentiality of your account information (i.e., username and password) and not to let others use your username and password. You will immediately notify Ushio if you become aware of any loss or theft of your password or any unauthorized use of your username and password. You accept full responsibility for all activities that occur under your account. Ushio is not liable for any loss or damage arising from your failure to comply with these obligations. Ushio reserves the right to delete or change (with notice) a username or password at any time and for any reason.
Privacy Policy
You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of this site requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of this site, you acknowledge and agree that your use of the site will constitute acceptance of Ushio’s personal identifying information collection and use practices. Please see the Privacy Policy for a summary of Ushio’s personal identifying information collection and use practices.
Modifications
Ushio reserves the right to revise these Terms of Use at any time without prior notice.