Terms and Conditions: Makita USA, Inc. ("Makita") offers and provides the
web pages available at this world wide web site at www.makita.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
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:
- post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable or determine
by Makita (in its sole discretion) to be inappropriate for the Website;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others;
- impersonate any person or entity, including, but not limited to, a representative
of Makita or any of Makita's service providers, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- post or otherwise transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- post or otherwise transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
- post or otherwise transmit any material that contains software viruses, trojan horses,
worms, time bombs, cancelbots or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; or
- interfere with or disrupt the operation of the Website or servers or networks hosting
or connected to the Website.
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.
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim
has been infringed upon;
- A description of where the material that you claim is infringing is located on the
Website, with enough detail that we may find it on the web site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
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
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
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.