Terms of Use

Last Modified: September 23, 2016.

Acceptance of the Terms of Use

The following terms of use are entered into between all users of the Website (each, a “User” and collectively, the “Users”) and Yaskawa America Inc. – Drives and Motion Division (“YAI”). The terms of use, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”) govern User’s access to, purchase of products from, and use of http://www.yaskawacalgary.com and http://www.myyaskawa.com (collectively, the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

By accessing or using the Website, User acknowledges having read and understood the Terms of Use, and accepts and agrees to be bound by the Terms of Use and to comply with all laws and regulations, including U.S. export control laws and regulations, in User’s access or use of the Website. If User does not agree to these terms, User must not access or use the Website.

The Website is offered and available to Users who are 13 years of age or older. The Website is operated by YAI from its offices in the State of Illinois in the United States of America (“US”). Users from locations outside of the US access and use the Website on their own initiative and are responsible for compliance with applicable local laws. YAI makes no claims that the Website or any of its contents are accessible or appropriate outside of the US. All products sold on the website will only be shipped to destinations located in North America or South America.

By using the Website, User represents and warrants that User meets all of the foregoing eligibility requirements. If User does not meet all of these requirements, User must not access or use the Website.

Changes to the Terms of Use

YAI may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which YAI and User have actual notice prior to the date the change is posted on the Website.

User’s continued use of the Website following the posting of revised Terms of Use means that User has accepted and agreed to the changes. User is expected to check the Website from time to time so User is aware of any changes to the Terms of Use.

Accessing the Website and Account Security

YAI reserves the right to withdraw or amend the Website, and any service or material provided on the Website, in YAI’s sole direction without notice. YAI will not be liable if for any reason all or any part of the Website is unavailable for any time or for any period.

From time to time, YAI may restrict or password protect access to some parts of the Website, or the entire Website, to Users, including registered Users.

Additionally, YAI reserves the right, at any time and in its sole discretion, to deny registration of any User or the right of a registered User to access password-protected areas of the Website.

User is responsible for:

  • Making all arrangements necessary for User to have access to the Website.
  • Ensuring that all persons who access the Website through User’s internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, Users may be asked to provide certain registration details or other information. It is a condition of User’s use of the Website that all the information User provides on the Website is correct, current and complete. User agrees that all information User provides to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by YAI’s privacy policy (the “Privacy Policy”) available at https://www.yaskawacalgary.com/your-privacy-rights, and User consents to all actions YAI takes with respect to User’s information consistent with the Privacy Policy.

If User chooses, or is provided with, a user name, password or any other piece of information as part of YAI’s security procedures, User must treat such information as confidential, and User must not disclose it to any other person or entity. User also acknowledges that User’s account is personal to User and agrees not to provide any other person with access to the Website or portions of it using User’s user name, password or other security information. User agrees to notify YAI immediately of any unauthorized access to or use of User’s user name or password or any other breach of security. User also agrees to ensure that User exits from User’s account at the end of each session. User should use particular caution when accessing User’s account from a public or shared computer so that others are not able to view or record User’s password or other personal information. User is liable for any and all transactions carried out under User’s account, including through unauthorized use of User’s registered account.

YAI has the right to disable any user name, password or other identifier, whether chosen by User or provided by YAI, at any time in its sole discretion for any or no reason, including if, in its opinion, User has violated any provision of these Terms of Use.

Registered Users are responsible for notifying YAI of any changes to personal information, such as name, address, telephone number, payment information and any other information maintained by YAI in association with the registered User’s account.

User Contributions

The Website may contain product reviews, customer comments, customer ratings, and other interactive features (collectively, “Interactive Service”) that allow Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the content standards set forth in these Terms of Use.

Any User Contribution posted to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, User grants YAI and its affiliates and service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

User represents and warrants that all of User’s User Contributions do and will comply with these Terms of Use.

User understands and acknowledges that User is responsible for any User Contributions User submits or contributes, and User, not YAI, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness. YAI is not responsible, or liable to any third party, for the content or accuracy of any User Contribution posted by User or any other user of the Website.

YAI reserves the right to:

  • Remove or refuse to post any User Contributions for any reason or no reason in its sole discretion.
  • Take any action with respect to any User Contribution that YAI deems necessary or appropriate in its sole discretion, including if YAI believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for YAI.
  • Disclose User’s identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend User’s access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.
  • Terminate or suspend a registered user account or refuse to grant a user account for any reason or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, YAI has the right to fully cooperate with any law enforcement authorities or court order requesting or directing YAI to disclose the identity or other information of anyone posting any materials on or through the Website. USER WAIVES AND HOLDS HARMLESS YAI AND ITS AFFILIATES, LICENSEE AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, YAI does not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objection material after it has been posted. Accordingly, YAI assumes no liability for any action or inaction regarding transmission, communications or content provided by any user or third party. YAI has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

The following content standards apply to any and all User Contributions and use of Interactive Services (“Content Standards”). User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent User’s identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by YAI or any other person or entity, if this is not the case.

Intellectual Property

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), the YAI name and all related names, logos, product and service names, designs and slogans, are owned by YAI, its licensors or other providers of such material and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively, “Intellectual Property”).

Except as stated herein, none of the Intellectual Property may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of YAI or the copyright owner. User also may not, without prior written permission from YAI, "mirror" any material contained in the Website on any other site.

Nothing on the Website should be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property without written permission of the owner and/or YAI. User must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

Links to the Website

Users may link to the Website and advance permission to link to the Website is not necessary, provided such link is done in a way that is fair and legal and does not damage YAI’s reputation or take advantage of it. Links to sub pages are also allowed but Users should be aware that sub pages may change at any time, which could break links. Links to the Website shall not capture Website pages within frames, present Website content as its own, or otherwise misrepresent Website content. Furthermore, links shall not misinform users about the origin or ownership of Website content. Intellectual Property must be used in accordance with state and federal laws and must reflect the proper ownership of the intellectual property.

Links to information accessed through passwords or other security are specifically prohibited. Any link to the Website should be a full forward link that passes the client browser to the Website unencumbered. No link to the Website or any of its sub pages shall be established in such a way as to suggest any form of association, approval or endorsement on YAI’s part without YAI’s express written consent. User agrees to cooperate with YAI in causing any unauthorized framing or linking immediately to cease. YAI reserves the right to withdraw linking permission without notice.

Links to Third Party Sites

If the Website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. YAI has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from User’s use of them. If User decides to access any of the third party websites linked on the Website, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites.

Prohibited Uses

User may use the Website only for lawful purposes and in accordance with these Terms of Use. User agrees not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • In any way that violates any rights relating to Intellectual Property or any other proprietary rights.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To impersonate or attempt to impersonate YAI, a YAI employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by YAI, may harm YAI or users of the Website or expose them to liability.

Additionally, User agrees not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without YAI’s prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Use the Website to distribute advertising or unsolicited e-mails (i.e. – “SPAM”, snowball system, chain letter, pyramid game) or inaccurate warnings of viruses, defects or similar material.

YAI may deny access to the Website at any time in its sole discretion if User breaches any obligation arising from these Terms of Use.

Purchase Transaction Information Encryption/Security

The online purchasing area of the Website offers industry standard security measures available through the User's browser. Other areas of the Website are available to the general public. If a User desires to place an order without providing information online, a sales representative may always be contacted by telephone at 847-887-7000.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes (other than product warranty claims or the like posted by YAI). YAI does not warrant the accuracy, completeness or usefulness of this information. Any reliance User places on such information is strictly at User’s own risk. YAI disclaims all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by YAI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of YAI. YAI is not responsible or liable to User or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Website

YAI may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and YAI is under no obligation to update such material.

Governing Law and Jurisdiction

Any claim relating to the Website and these Terms of Use, and any dispute or claim therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, the Website or these Terms of Use shall be instituted exclusively in the state courts located in Waukegan, Illinois with respect to such matters. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts.

Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Website, YAI shall comply with applicable laws on data privacy protection and the Privacy Policy, which is available at https://www.yaskawacalgary.com/your-privacy-rights.

Disclaimer of Warranty

User understands that YAI cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. YAI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

USER’S USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT USER’S OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YAI NOR ANY PERSON ASSOCIATED WITH YAI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER YAI NOR ANYONE ASSOCIATED WITH YAI REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT YAI’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS.

YAI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YAI'S OBLIGATIONS AND LIABILITIES REGARDING PRODUCTS OR SERVICES SOLD BY YAI ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE SOLD. YAI DOES NOT GUARANTEE AVAILABILITY OF PRODUCTS OR INDIVIDUAL PART NUMBERED PRODUCTS LISTED HEREIN.

Limitation of Liability

IN NO EVENT WILL YAI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USER’S USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

User agrees to defend, indemnify and hold harmless YAI, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to User’s violation of these Terms of Use or User’s use of the Website, including, but not limited to, User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or User’s use of any information obtained from the Website.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by YAI of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YAI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the Privacy Policy constitute the sole and entire agreement between User and YAI with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.