Makita USA, Inc. ("Makita") offers and provides the web pages available at this world wide web site at www.makitatools.com (the "Website") to Makita members and the general public.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY WHEN ACCESSING THE WEBSITE. BY ACCESSING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THIS WEBSITE. IN ADDITION, IF YOU REGISTER AS A MEMBER OF THE WEBSITE OR ANY PORTION THEREOF, YOU ARE EXPRESSLY AGREEING TO THESE TERMS AND CONDITIONS IN THE REGISTRATION PROCESS.
The Internet and this Website are constantly evolving. Makita reserves the right to at any time change or modify these Terms and Conditions of Use or to impose new conditions with respect to your use of this Website. Makita shall also have the right at any time to change or discontinue any aspect of or feature of this Website, including but not limited to content, functionality, and means of access or use. Such changes, modifications, or additions shall be effective immediately upon notice to you, which may be given by means including but not limited to posting on these Terms and Conditions of Use or elsewhere on the Website, electronic mail, or any means by which you obtain actual knowledge.
Registration: Access to portions of the Website is limited to members who have been issued a user identification and password by Makita. If you have been issued such a user identification and password, you represent and warrant that all information you have provided to Makita in connection therewith (such information being the "Registration Data") is true, accurate, current and complete. You also agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you have provided or provide any Registration Data that is untrue, inaccurate, not current or incomplete or otherwise fail to comply with any of these Terms and Conditions of Use, or Makita has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or that you have otherwise failed to comply with any of these Terms and Conditions of Use, Makita has the right, without prior notice to you, to suspend or terminate your account and refuse any and all current or future use of any portion of the Website.
User Conduct: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted (including e-mail), are the responsibility of the person from which such Content originated. You acknowledge and agree that you, and not Makita, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the to the Website. You hereby grant Makita an irrevocable, perpetual, royalty-free, worldwide non-exclusive license to use, reproduce, distribute and crate derivative works from any Content which you post or otherwise submit to Makita via the Website. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the Content posted to the Website. By way of example, and not as a limitation, you agree not to take the following actions, or allow another person to use your account, to take the following actions:
Notice and Procedure for Making Claims of Copyright Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide Makita's copyright agent the written information specified below.
Makita's copyright agent for notice of claims of copyright infringement on the Website can be reached as follows:
14930 Northam St.
La Mirada, CA 90638
Attention: Copyright Agent
Phone: (714)522-8088, x4410
e-mail: [email protected]
Indemnity: You agree to indemnify and hold Makita and the Association of Subcontractors and Affiliates, and their respective members, affiliates, directors, officers, agents, subcontractors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Content submitted, posted to or transmitted through the Website by an Account User, (ii) any violation of these Terms and Conditions of Use by an Account User, or (iii) any violation of any rights of a third party caused by an Account User. An "Account User" means you or any person or entity using your account (x) with your permission, (y) as a result of your failure to adequately protect your account password, or (z) as a result of your failure to immediately notify Makita of any unauthorized use of your password or account or any other breach of security.
Copyright Ownership, License and Restrictions on Use: All right, title and interest (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Website and all information contained therein is and shall remain the sole property of Makita and its licensors, as applicable. You are authorized to view and use information retrieved from the Website solely for your personal or internal business purposes. Except with prior written authorization from Makita, no material available on the Website may be copied, reproduced, downloaded, uploaded, displayed, sold, posted, distributed, incorporated into another work, used to create a derivative work, or otherwise exploited in any way, except that limited reproduction is permitted for your personal use. In no event may you remove any copyright or other proprietary notices or legends appearing on this site.
Trademarks: Makita®, LXT®, AVT® and the Makita logo, Teal color and Black & White color combination are the registered trademarks of Makita. The other trademarks, service marks and logos displayed in the Website are registered and unregistered trademarks of Makita and others. Nothing contained on this Makita site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site without the written permission of Makita or such third party that owns the trademark.
Links: This Website contains hypertext links to web sites of other third parties. Makita does not control these web sites and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites. The existence of such links does not indicate any association between Makita and the owners or operators except as specifically set forth on this Website or in other Makita materials. You assume sole responsibility for use of third party links.
Disclaimers: You acknowledge that Makita does not own, operate or manage the Internet; the Internet is a separate network of computers, independent of and not subject to the control of Makita; communications on the Internet may not be secure and may be subject to interception or loss; certain Content available on the Internet is copyrighted and may have been distributed in violation of copyright laws. You further acknowledge that Makita has no obligation to review the Content posted on the Website.
Under no circumstances will Makita be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Website. Accordingly, you agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Makita does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS AND MAKITA EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MAKITA OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAKITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE, OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO MAKITA (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF MAKITA), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF MAKITA.
Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
Miscellaneous: You agree that if any provision of these Terms and Conditions of Use is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to these Terms and Conditions or the Website shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of California located in Los Angeles County, California. Use of this Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions of Use, including without limitation this paragraph.