Terms of Use
SHIMANO AMERICAN CORPORATION & PEARL IZUMI USA, INC. B2B
Terms and Conditions for the Combined B2B Website of Shimano American Corporation & Pearl Izumi USA, Inc. (?Sellers?)
BY ENTERING THIS WEBSITE YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THIS SITE.
BY ENTERING THIS WEBSITE YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS INTENTED FOR VIEWING WITHIN THE UNITED STATES ONLY AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS WEBSITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. SELLERS MAKE NO REPRESENTATION THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE OF THE UNITED STATES.
BY ENTERING THIS WEBSITE YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE 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, THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, 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.
Sellers may also make revisions to the terms and conditions without notice. User is bound by such revisions and should, therefore, periodically visit this page to review the current terms and conditions.
Sellers are the copyright owners of everything on this website and no portion of this website including but not limited to the text, graphics, images, audio or video, may be used in any manner or for any purpose without Sellers express written permission, except as provided herein.
Use of this Website
Sellers authorize you to view and download materials at this website only for your commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.
You may not modify the materials at this website in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public, personal or non-commercial purpose. For these purposes, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this website are copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark and other laws. If you breach any of these terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials.
Disclaimers
The materials provided on the website are provided ?as-is? without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. Sellers? obligations with respect to its products are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements. In addition, Sellers do not warrant the accuracy or completeness of the materials at this website. Sellers may make changes and/or updates to the materials at this website, at any time without notice. The materials at this website may be out of date and Sellers make no warranties, representations or commitments to update the materials on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Information published on the website may refer to products that are not available in your country.
Sellers do not represent or warrant that the functions and services available on the website will be uninterrupted or error-free, that any defects will be corrected, or that the website or the server that makes the website available are free of viruses or other harmful components.
Sellers disclaim any and all liability for the acts, omissions and conduct of any users or other third parties in connection with or related to your use of the website. You assume total responsibility for your use of the website and any linked websites. Your sole remedy against Sellers for dissatisfaction with the website or any materials contained thereon is to stop using the websites or any such materials. This limitation on relief is a part of the bargain between the parties.
Cookies
Your Web browser offers so-called ?cookies? which, if you allow their use, store small amounts of data on your computer when you visit a website. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best. Therefore, Cookies enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser settings. Our Sites are viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features will not be available to you.
Limitation of Liability
In no event will Sellers or other third parties mentioned on the website be liable for any direct, special, incidental, indirect or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked on the websites or the materials or information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not Sellers have been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Sellers are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any materials contained thereon, Sellers? liability shall in no event exceed U.S. $100.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Links to Other Websites
Links to third party websites on this website are provided solely as a convenience to you. If you use these links, you will leave this website. Sellers have not reviewed these third party websites, do not control, and are not responsible for any of these websites or their content. Thus, Sellers do not endorse or make any representations about them, the information, products or materials found there, or any results that may be obtained from using them. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
Trademarks
Please refer to the list of Sellers? trademarks. Sellers? products referred to on this website are trademarks or registered trademarks of Sellers and their subsidiaries. All other product and company names referred to on this website are the trademarks or registered trademarks of their respective owners. By entering this website, you acknowledge and agree that any name, logo or trademark contained on this website is owned by Sellers and may not be used by you without prior written approval. Sellers will aggressively enforce its intellectual property rights to the full extent of the law. Any unauthorized use of the name, logo and trademarks may subject you to penalties or damages, including, but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
Indemnity
You agree to defend, indemnify and hold Sellers and any affiliated company harmless from any and all liabilities, costs and expense, including reasonable attorneys? fees, related to any violation of these terms and conditions by you or your authorized users, or in connection with the use of the website.
Governing Law
Any action brought hereunder shall be brought in the venue at the sole discretion of Sellers regardless of any laws on choice of or conflicts of law of any jurisdiction.
Entire Agreement
These terms and conditions are the entire agreement between the user and Sellers and supersede any prior understandings or agreements (written or oral).
Please refer to the Authorized Dealer Agreement for terms and conditions of sale.