Terms
and Conditions
Date: 05/27/03
By entering the Meiko America, Inc. website,
you acknowledge and agree to the following terms and conditions. If
you do not agree to these terms and conditions, do not enter and use
this website. This legal information, terms and conditions are applicable
to all pages of the Meiko America, Inc. website. The Meiko America,
Inc. reserves all rights afforded by the laws of the state of California, and of the United States, and specifically reserves its rights,
claims and defenses for any omission from the contents of this notice
to users of the Meiko America, Inc. website.
Intellectual Property Ownership
You acknowledge and agree that the Meiko
America, Inc. is the copy right owner of this website and that no portion
of this website, including, but not limited to the text, images, audio
and/or video, may be used in any manner or for any purpose by you, without
Meiko America, Inc.’s express written permission. Without in any way
waiving any of the forgoing rights, you may download one copy of the
material on this website for your personal, non commercial use only,
provided you do not delete or change any copyright, trademark or any
other proprietary notices. Any modification, reposting or use of the
materials on this website by your for any other purposes violates Meiko
America, Inc.’s legal right in this copyrighted work.
You acknowledge and agree that the Meiko
America, Inc. name, trademarks, logos, sounds, graphics, maps, layout,
charts, text, video, images of places or people and other materials
represented on this website are owned or licensed by Meiko America,
Inc. Your use of any of these materials is prohibited unless you have
obtained prior written approval from Meiko America, Inc. Any unauthorized
use of these materials by you may subject you to penalties or damages,
including but not limited to infringement of Meiko America, Inc and
other parties’ copyrights, trademarks, privacy rights, publicity rights,
and/or intellectual property rights. Meiko America, Inc. will enforce
its intellectual property rights to the full extent of the law.
By the action of any unauthorized copying,
duplications, or any other form of reproduction from this website for
any commercial purpose, without the express written permission from
the Meiko America, Inc. or authorized license, shall immediately constitute
a full and complete waiver of any jurisdictional defense the acting
party may have, and said party hereby agrees and consents to be subject
to the jurisdiction of the State Courts of California in any action
filed by the Meiko America, Inc. in prosecuting any unauthorized reproduction.
Other works appearing on this website,
not belonging to the Meiko America, Inc. are used with the permission
of the owners and they retain their respective intellectual property
rights.
No Confidentiality or Use Limitations
for Submitted Information
You acknowledge and agree that any communication
or material you transmit to this website, in any manner and for any
reason, will not be treated as confidential or proprietary information
and that any communications, or other materials you transmit to this
website may be used by Meiko America, Inc. for any reason whatsoever
at any time without notice to you. You further acknowledge and agree
that if Meiko America, Inc. decides to use or revise the materials,
we may do so through reproduction, transmission, publication, and/or
broadcast without permission from or compensation to you.
User Submissions
You agree that you will not upload or transmit
any communications or content of any type to the Public Areas (including
discussion boards, user articles, granny’s home remedies, etc.) that
infringe or violate any rights of any party. By submitting communications
or content to the Public Areas, you agree that such submission is non-confidential
for all purposes.
If you make any such submission you agree
that you will not send or transmit to Meiko America, Inc. by website,
(including through the email addresses listed on the "Contact Us"
link) any communication or content that infringes or violates any rights
of any party. If you submit any business information, idea, concept
or invention to Meiko America, Inc. by website, you agree such submission
is non-confidential for all purposes.
If you make any submission to a Public
Area or if you submit any business information, idea, concept or invention
to Meiko America, Inc. by website, you automatically grant--or warrant
that the owner of such content or intellectual property has expressly
granted—Meiko America, Inc. a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform, and
display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. Meiko America,
Inc. may sublicense its rights through multiple tiers of sublicenses.
If you wish to keep any business information, ideas, concepts or inventions
private or proprietary, do not submit them to the Public Areas or to
Meiko America, Inc. by website.
Passwords
You are responsible for taking all reasonable
steps to ensure that no unauthorized person shall have access to your
Meiko America, Inc. login passwords or accounts. It is your sole responsibility
to (1) control the dissemination and use of activation codes and passwords;
(2) authorize, monitor, and control access to and use of your Meiko
America, Inc. account and password; (3) promptly inform Meiko America,
Inc. of any need to deactivate a password. You grant Meiko America,
Inc. and all other persons or entities involved in the operation of
the Site the right to transmit, monitor, retrieve, store, and use your
information in connection with the operation of the Site. Meiko America,
Inc. cannot and does not assume any responsibility or liability for
any information you submit or receive.
Secure Server Pages / Online
Application Pages
Some of the pages requiring information
are certified as Secure Sockets Layer (SSL) pages. The Meiko America, Inc. appreciates the importance
of providing a secure environment on its website for the purpose of
providing information to process orders and applications, and the Meiko
America, Inc. will take all reasonable and customary steps to protect
the information provided. Please
use all means to protect your information, particularly if you are using
a shared computer.
Supporting documents and disclaimers which
appear on this site may be supported by other documents requiring a
signature. In such event, the
signed document shall prevail, and the documents and disclaimers appearing
on the website shall be incorporated into the signed document. In the event there is any contradiction in terms
between the online document and the subsequent signed document, the
conflicting term(s) shall be resolved by relying on the document which
is actually signed.
Applications submitted on this website
are considered “pending acceptance and approval” and are not complete
until a confirmation of approval and acceptance has been sent by the
Meiko America, Inc.
Use of this Site at Own Risk
You acknowledge and agree that your use
of the website is at your own risk and that none of the parties involved
in creating, producing, or delivering this website is liable for any
direct, indirect, incidental, consequential or punitive damages, or
any losses, costs or expenses of any kind (including attorney’s fees,
and/or other fees or expenses ) which may arise, directly or indirectly,
through the access to, the use of, or the browsing in this site or through
your downloading of any materials, text, data, images, video or audio
from this website, including but not limited to anything caused by any
viruses, bugs, human action or inaction of any computer system, phone
line, hardware, software or program malfunctions, or any other errors,
failures or delays in computer transmissions or network connections.
Liability of Meiko America,
Inc. and its Licensors
The use of the Meiko America, Inc. Site
and the Content is at your own risk. When using the Meiko America, Inc.
Site, information will be transmitted over a medium that may be beyond
the control and jurisdiction of Meiko America, Inc. Accordingly, Meiko
America, Inc. assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted
in connection with use of the Meiko America, Inc. Site.
The Meiko America, Inc. Site and the content are provided on an "as
is" basis. MEIKO AMERICA, INC., ITS LICENSORS, AND ITS SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without
limiting the foregoing, Meiko America, Inc. its licensors, and its suppliers
make no representations or warranties about the following:
1. The accuracy, reliability, completeness,
currentness, or timeliness of the Content,
software, text, graphics, links, or communications provided on or through
the use of the Meiko America, Inc. Site or Meiko America, Inc.
In no event shall Meiko America, Inc. its licensors, its suppliers,
or any third parties mentioned on the Meiko America, Inc. Site be liable
for any damages (including, without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits, or damages resulting
from lost data or business interruption) resulting from the use of or
inability to use the Meiko America, Inc. Site or the Content, whether
based on warranty, contract, tort, or any other legal theory, and whether
or not Meiko America, Inc. is advised of the possibility of such damages.
Meiko America, Inc. shall be liable only to the extent of actual damages
incurred by you, not to exceed U.S.$100. Meiko
America, Inc. is not liable for any personal injury, including death,
caused by your use or misuse of the Site, Content, or Public Areas.
Any claims arising in connection with your use of the Site, any Content,
or the Public Areas must be brought within six (6) months of the date
of the event giving rise to such action occurred. Remedies under these
Terms and Conditions are exclusive and are limited to those expressly
provided for in these Terms and Conditions.
No Warranty of Accuracy of
Information
You acknowledge and agree that while the
Meiko America, Inc. will make reasonable efforts to ensure that the
information in the website is correct and that even though the schedules,
times, locations, and other information contained in the Meiko America,
Inc. website are based upon current information, Meiko America, Inc. cannot guarantee the
accuracy of the information and makes no warranties or representations
as to its accuracy. All content and information contained in this website
are provided to you "AS IS", without any warranty of any kind,
either express or implied, including but not limited to the implied
warranty of merchantability, fitness for a particular purpose, title
and non-infringement.
Unlawful Content and Behavior
You acknowledge and agree that you will
not post on this website, or transmit to this website, any pornographic,
obscene, profane, defamatory, libelous, threatening, unlawful or other
materials which could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any law or regulation. Notwithstanding the
fact that Meiko America, Inc.
or other parties are involved in creating, producing or delivering
this website, may monitor or review transmissions, postings, or discussions,
Meiko America, Inc. assumes no responsibility or liability which may
arise from such content, including but not limited to claims for defamation,
libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although
this website may be linked to other websites, Meiko America, Inc. is not, directly or
indirectly, implying any approval, association, sponsorship, endorsement
or affiliation with the linked website, unless specifically stated in
this website. Meiko America, Inc. has not reviewed all websites linked
to this website and is not responsible for the content of any other
website linked to this website. Any linking by you to any other websites
is at your own risk.
Indemnity
You agree to defend, indemnify, and hold
Meiko America, its officers, directors, employees, agents, licensors,
and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from,
your violation of these Terms and Conditions.
Application of Laws
You acknowledge and agree that although
the information and materials on the Meiko America, Inc. website may
be read throughout the world, this website is designed and intended
for use in the United States and your entrance into this website will
be construed and evaluated according to the laws of the United States. If you access this website from another
country, you are responsible for compliance with any and all applicable
local laws. If the information and materials in the website do not conform
to the laws of the country where you access the website, the information
is not meant for you. Meiko America, Inc. makes no representation that
the information and materials contained in this website are appropriate
for countries outside the United States.
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