Introduction
Mitsubishi Logisnext Americas Inc. (“Logisnext”) has established these website Terms and Conditions of Use for Logisnext, its group companies and their respective businesses.
Logisnext offers this website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated herein.
When used in these Terms and Conditions, wherever you have agreed to indemnify Logisnext, or agreed that Logisnext shall have no liability, the term “Logisnext” shall include any Logisnext group company and each of its affiliates and its and their respective directors or managers, shareholders, officers, employees and agents.
When used in these Terms and Conditions, the terms “we” and “our” refer to Logisnext and “you” and “your” refer to any individual, company or legal entity that accesses or otherwise uses this website.
Use of the Website
As a condition to your use of this website, you warrant to Logisnext that you will access and use this website solely in accordance with these Terms and Conditions, and you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions. You will strictly adhere to all laws, rules, regulations and Logisnext policies applicable to the access and use of this website, including those laws, rules and regulations that apply to online conduct, online content and the export of data to and from the United States and your country of residence. In addition, you will not:
Access, acquire, copy or monitor any portion of this website, or in any way reproduce or circumvent the navigational structure or presentation of this website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
Attempt to gain unauthorized access to any portion or this website, or any other systems or networks connected to this website or to any server, including by hacking, password “mining” or any other illegitimate means.
Probe, scan or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website.
Reverse look-up, trace or seek to trace any information on any other user of or visitor to this website, or any customer of Logisnext, including, but not limited to, personal identification or information.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or Logisnext’s systems or networks, or any systems or networks connected to this website or to Logisnext.
Use any device, software or routine to interfere or attempt to interfere with the proper working of this website, any transaction being conducted on this website or with any other person’s use of this website.
Distribute viruses or any other technologies that may harm Logisnext or the interests or property of any other person or entity, including any other user of this website.
Circumvent or manipulate any applicable fee structure, billing process or fees owed to Logisnext, its dealers or other business partners.
Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Logisnext on or through this website, or otherwise pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Upload any content to this website which is unlawful or libelous, or which is, or which may reasonably be construed to be, harmful, offensive, fraudulent, threatening, untrue, malicious, harassing, pornographic or obscene.
Use this website, nor permit others to use this website, to harass, threaten, track or stalk third parties, solicit or perform any illegal activity or perform any other activity which infringes the rights of Logisnext or others.
The information on this website is for information purposes only. It is believed to be reliable, but Logisnext does not warrant its completeness, timeliness or accuracy. You agree that you are accessing, using and relying upon such content at your own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this website.
No Warranties
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, TITLE OR NON-INFRINGEMENT. LOGISNEXT MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither Logisnext nor its directors, shareholders, officers, employees, volunteers, agents, third-party information providers, merchants, licensors or the like warrant that this website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative of Logisnext has the authority to create any warranty regarding this website on behalf of Logisnext. Logisnext reserves the right to change or discontinue at any time any aspect or feature of this website. THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Exclusion of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LOGISNEXT OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR (AND YOU HEREBY RELEASE THE FOREGOING FROM ANY LIABILITY FOR) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO LOGISNEXT SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Because some jurisdictions, including the Province of Quebec, do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $5.00, whichever is less.
Indemnification
You agree to defend, indemnify, and hold Logisnext harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this website, or any content, product or service offered through this website, in a manner that violates or is alleged to violate these Terms and Conditions. Logisnext shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. No such claim may be settled by you without Logisnext’s consent.
Featured Links and Advertisements
The website may contain hyperlinks to websites offered by parties other than Logisnext. Such hyperlinks are provided for your reference and convenience only. Logisnext is not responsible for the privacy practices or the content of such websites; nor does Logisnext’s inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators, including any websites that may indicate a special relationship or partnership with Logisnext (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this website, Logisnext does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this website, including any sponsors of all or part of this website.
Logisnext does not disclose personally identifiable information or unique identifiers to those responsible for the linked Websites. The linked Websites, however, may collect personal information from you that is not subject to Logisnext’s control. You should always review the privacy policy of the websites you visit by linking from this website.
Linking
Linking to any page of this website other than to pages owned and/or operated by Logisnext through a plain text link is strictly prohibited without the prior written consent of Logisnext; provided, however, in no event shall any website or other device that links to a webpage owned and/or operated by Logisnext (a) replicate content, (b) use a browser or border environment around the content, (c) imply in any fashion that Logisnext or any of its affiliates are endorsing it or its products, (d) misrepresent any state of facts, including its relationship with Logisnext or any of its affiliates, or (e) present false information about Logisnext products or services. Logisnext reserves the right to terminate a link to a third-party web site at any time. Third-party sites are not controlled by Logisnext and may have different terms of use and privacy policies, which Logisnext encourages you to review.
Software Available on Website
Any software that is made available to download from this website is the copyrighted work of Logisnext and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Logisnext hereby grants to you a personal, non-transferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Logisnext in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.
Copyright
Except for material in the public domain under United States or Canadian copyright law, all material contained on this website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on this website without the prior consent of the copyright owner. None of the material contained on this website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Logisnext. Violation of this provision may result in severe civil and criminal penalties.