TERM AND CONDITIONS PAGE:

TORAY INDUSTRIES (AMERICA), INC. WEB SITE DISCLAIMER AND STATEMENT


Welcome to the World Wide Web Site of Toray Industries (America), Inc. ("Toray"). The statements and information provided herein are solely those of Toray Industries (America), Inc. and are not those of its parents, subsidiaries, or affiliates. Please read the following Terms and Conditions carefully. They govern use of this Web site ("Site") and all information, documentation, and other content posted in this Site. By accessing, viewing, or using the material on this Site, the user ("You") indicates that You understand and intend the following Terms and Conditions to be the legal equivalent of a signed, written contract and that You accept such Terms and Conditions as governing Your use of this Web site and agree to be legally bound by them, and any subsequent modifications or additions to them. You further agree that no other agreement between You and Toray exists regarding Your use of this Site. If you do not agree to these Terms and Conditions, You are not granted permission by Toray to use this Site and should exit immediately.

No Offer or Solicitation: No Warranties; DISCLAIMER:
This Site is provided by Toray for general informational purposes only. The information does not constitute an offer to sell, or solicitation of an offer to buy products, programs, or services. Toray has made, and will continue to make, efforts to provide accurate and up-to-date information. However the information contained or referenced herein may not be accurate or complete. Toray shall not be liable in any way for possible errors or omissions in the contents hereof. Toray also reserves the right to alter the content of this Site in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. Nothing on this Site or in the information contained herein is intended to provide medical advice, and the Site and the information are not intended to nor do they, provide instruction on the appropriate use of any product, program, or service provided by Toray.

THE MATERIALS AVAILABLE HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TORAY, AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO OR INABILITY TO USE THESE MATERIALS OR SITE. YOU ACKNOWLEDGE THAT USE OF, OR RELIANCE UPON, THIS WEBSITE AND/OR THE INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to Other Web Sites:
This Site may, from time to time, contain links to other Internet Web sites for the convenience o users in locating information and services that may be of interest. These sites are maintained by third parties over which Toray exercises no control, and accordingly, Toray expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Links to third party Web sites do not constitute an endorsement by Toray of such other Web site, or the information, documentation or content posted therein.

Toray welcomes your questions, as well as feedback and suggestions about how to improve this Site. Any ideas, suggestions, or any other material received, including, but not limited to, e-mail or completed Internet based forms, will be deemed to include permission for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use or act on such communications without additional approval or consideration, and you hereby waive any claim to the contrary.

Forum Selection/Choice of Law:
These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York, without reference to its choice of law rules. Your acceptance of these Terms and Conditions, further signifies Your consent to the jurisdiction of the courts of the state of New York and Your agreement to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability shall not affect any other provision of these Terms and Conditions, and the Terms and Conditions shall be construed as if such unenforceable provision had not been contained herein.

INFORMATION CONTAINED ON THIS SITE SHOULD NOT BE A BASIS FOR INVESTIMENT DECISIONS.
This web site is not part of any prospectus or offering of securities of any kind.
Individuals considering investment in any Toray entity's securities are encouraged to consult a qualified financial advisor before investing or trading in any security.

Any statements in this website that are not historical facts are forward-looking statements. Readers are cautioned not to place undue reliance on forward-looking statements, which speak only as of the date they are first made. Sentences or phrases that use words such as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential" or other words indicating desires, forecasts, projections or the future indicate forward-looking statements, but their absence does not mean that a statement is not forward-looking. Forward-looking statements involve a number of risks and uncertainties. Accordingly, actual results may differ from the forward-looking statements. There are many factors that could have a material and adverse impact on actual results. Important factors that could prevent Toray from achieving its goals -- and cause the assumptions underlying forward-looking statements and the actual results of Toray to differ materially form those expressed in or implied by those forward-looking statements -- include, but are not limited to, the following:
  • outbreak of war, armed conflicts, terrorist attacks, "Act of God," political instabilities and criminal acts;

  • third parties may improperly use, operate, proscribe or procure Toray products;

  • the competitive nature of the industry and the ability of Toray to continue to distinguish its products on the basis of quality, reliability and value; possible obsolescence of Toray's primary products due to the development by competitors of new products, manufacturing processes or technologies, including chemical, fiber and medical alternatives; and the ability of Toray to maintain selling prices and anticipated volumes;

  • certain of Toray's products contain natural latex which may not be suitable for use by some individuals;

  • Toray's products may not be suitable for use in all situations;

  • results from use of certain Toray products may vary;

  • the ability of Toray to meet existing or future FDA regulation or governmental regulations regarding the manufacture and sale of Toray's products;

  • Toray's ability to successfully develop and introduce new products to the markets;

  • risks associated with investments and operations in foreign countries, including exchange rate fluctuations, local economic conditions, governmental policies regarding foreign ownership of manufacturing facilities, local regulatory requirements, tax holidays and political factors;

  • adverse outcomes or excessive legal expenses in connection with lawsuits arising, for example, and not limited to, lawsuits relating to product or natural latex liability and the inability to obtain and maintain sufficient insurance coverages at reasonable rates;

  • economic conditions in the chemical, fiber and health care industry, including the potential impact of industry consolidation and cost constraints on the end-user;

  • changes in significant government regulations affecting the chemical, fiber and health care industry;

  • the ability of Toray to protect its proprietary products, know-how and manufacturing processes;

  • the ability to attract and retain key personnel;

  • Toray's ability to develop, maintain and improve information systems that provide the Company with accurate and timely information;

  • changes in Toray's rates or basis of income taxation, including applicable U.S. tax laws and policies governing foreign operations;

  • the ability of Toray to complete its Year 2000 projects and remediate its Year 2000 Issues within the specified time frames or within currently estimated costs; and;

  • rapid levels of inflation which could have a significant effect on Toray's net sales and profitability.

Toray does not undertake any obligation to issue any future public statement with respect to the subject matter of any forward-looking statements, to update any such statement, or to publicity release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date thereof or to reflect the occurrence of unanticipated events.

Press releases posted on this website should be referenced only for historical purposes. Investors should not rely on any statements in these documents in connection with making an investment decision. Although the information contained in the press releases on this website was believed accurate as of the date and time it was issued, these releases may contain forward-looking statements, which involve a number of risks and uncertainties. Accordingly, actual results may be different from those projected in the forward-looking statements contained in historic releases.

Toray dose not undertake any duty to update any information contained in the press released, including any forward-looking information these historic press releases may contain.