Terms of Use – TSUDA

This Web Site (the “Web Site”) is provided by TSUDA USA Corporation (“we,” “us,” and “our”) subject to these terms of use and all modifications thereto (“Terms of Use”). “You” and “your” refer to each company, supplier, or individual that uses this Web Site. The following Terms of Use constitute a legal agreement. To use this Web Site You must agree to the Terms of Use. If you do not accept this agreement, you may not access the Web Site or use any of the services provided on or through the Web Site.

1. Acceptance of Terms of Use through Use

By entering and using this Web Site, you signify your agreement to all terms, conditions, and notices contained or referenced in these Terms of Use. If you do not agree to these Terms of Use please do not use this Web Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Any changes shall be effective immediately upon posting on the Web Site. Please check the Terms of Use periodically for changes. Your continued use of this Web Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. Conditions and Restrictions on Use

You agree to use this Web Site only for lawful purposes.

You may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages and other material (“User Content”) that (i) is defamatory, unlawful, harassing, abusive, threatening, pornographic, obscene, hate speech, or racially or ethnically offensive; (ii) constitutes a breach of any person's privacy or publicity rights; (iii) violates any statute, regulation or ordinance; or (iv) promotes software or services that deliver unsolicited mail.

You may not upload, post, email or otherwise transmit any User Content on or through the Web Site that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs or other computer programming routines that may damage or interfere with the operations of the Web Site, (ii) is knowingly untrue, inaccurate or misleading, or (iii) interferes with the operation of the Web Site in any manner.

You further agree that you will not:

(a) Impersonate any person or entity, including, but not limited to, director, or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;

(d) Harvest, collect or store information about the Users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;

(e) Use any automated procedure to gather information or data on or from the Web Site by means of what is commonly called a “bot” or otherwise;

(f) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site).

(g) Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site.

3. Termination of Service

We reserve the right to suspend or terminate your access to the Web Site, in our sole discretion, with or without prior notice, if we believe that your conduct fails to conform with these Terms of Use.

4. Intellectual Property

Nothing within the Terms of Use and this Web Site shall be construed as conferring any license under the Terms of Use of any of our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Web Site is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Web Site. You agree not to use any of the trademarks or service marks or other content accessible through this Web Site for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Web Site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Web Site or any software or programs used in connection with this Web Site.

6. Links to Third Party Sites

Any other websites that are accessible via links on this Web Site are not under our control. We are not responsible for (i) the content of any linked site or any link contained in a linked site, (ii) any changes or updates to the information contained in such sites, (iii) the privacy policy of any linked site, or (iv) the security of any linked site. We provide the linked sites to you only as a convenience and the inclusion of any such link on the Web Site does not imply our endorsement of the site, the organization operating such site, or any products or services of that organization.

7. Linking to this Web Site

You may not link this Web Site without our permission. You may not link to any internal pages of this Web Site. You may not link directly to any graphics or files on this Web Site. You may not frame or mirror any part of this Web Site.

8. Disclaimers

THIS SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS”AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THIS SITE FROM OTHER LOCATIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS INCLUDING BUT NOT LIMITED TO THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

We have not reviewed all the web sites linked to this Web Site and is not responsible for the content of any off-site pages or any other web site linked to this Web Site. Your linking to any other off-site pages or other web sites is at your own risk.

9. Limitation of Liability

YOUR USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEB SITE OR THE TSUDA SUPPLY NETWORK OR (2) THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE OR THE TSUDA SUPPLY NETWORK, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

10. Security and Risk of Loss

We use reasonable security measures to protect against the risk of misuse, damage or loss of information under our control. HOWEVER, WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LIABILITY ARISING FROM OR RELATED TO ANY SECURITY FAILURES.

11. Governing Law and Venue

These Terms shall be governed by the law of the State of Indiana, USA, excluding its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to the Web Site or the Agreement shall be filed exclusively in the state or federal courts located in Hancock County, IN, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web Site and this Agreement must be filed within one (1) year of the date the cause of action arose, or be barred as untimely.

14. Effective Date

This Terms of Use is effective as of 2017.