Welcome
to the Toray Automotive Web Site. The statements and
information provided herein are solely those of Toray
Industries (America), Inc. ("TAM") and are
not those of its parents, subsidiaries, or affiliates.
Please read the following Terms of Use (“Terms”)
carefully. They govern your use of this web site ("Site")
and all information, documentation, and other content
posted on this Site. By accessing, browsing, or using
the material on this Site, you agree to be bound by
these Terms. TAM, at its sole discretion, reserves the
right to change or modify any of the Terms or any policy
or guideline referenced herein at any time. If you do
not agree to these Terms, please do not use this Site.
Copyright and Authorized
Access
All copyrighted and copyrightable materials on this
Site, including, without limitation, the design, text,
graphics, pictures, and other files, and the selection
and arrangement ("Materials") thereof are
ALL RIGHTS RESERVED Copyright © 2005-2006 Toray
Industries, (America), Inc. and/or its licensors. You
are granted a limited, non-sublicensable right to access
the Site and print the Materials for your personal,
non-commercial, and informational use only.
Trademarks
Unless otherwise indicated, all trade dress, trademarks,
service marks and/or other intellectual properties owned
by TAM and/or its affiliates or by other parties that
have licensed their material to TAM are marks of TAM.
The use or misuse of these marks is expressly prohibited
and may violate federal and state trademark law. Please
be advised that TAM enforces its intellectual property
rights to the fullest extent of the law.
Related Policies
Privacy Policy. TAM believes strongly in protecting
user privacy and providing you notice of TAM’s
collection and use of data, including personally identifying
information, collected from this Site. To learn about
TAM’s information collection and use practices
and policies, please refer to the Privacy
Statement section of the Site.
Disclaimers
“AS IS" AND "AS AVAILABLE"
BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON
THE SITE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE,
INCLUDING ALL CONTENT OR DATA DOWNLOADED OR ACCESSED
FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK AND
RESPONSIBILITY.
WARRANTY DISCLAIMER. TAM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES.
TAM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN
THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS
AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION
OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT
MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WHILE
TAM ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE
IS SAFE, TAM CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THE SITE OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED,
FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY
HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET
CUSTOMER'S REQUIREMENTS.
TAM reserves the right to change any and all content
contained on this Site at any time without notice. Reference
to any products, services, processes, or other information,
by trade name, trademark, manufacturer, supplier, or
otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by TAM.
YOUR RESPONSIBILITY AND RISK. It is solely
your responsibility to evaluate the accuracy, completeness,
and usefulness of all opinions, advice, services, merchandise,
and other information provided on or through this Site
or on the Internet generally.
Limitation of Liability
IN NO EVENT SHALL TAM BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE,
LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE
CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED
ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE
OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR
SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF TAM
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
THE AGGREGATE LIABILITY OF TAM (WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE,
PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY,
OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE
USE OF TAM’S SITE, EXCEED $5.00 OR THE COMPENSATION
YOU PAID TAM, WHICHEVER IS LESS.
Certain state laws do not allow limitations on implied
warranties, or the exclusion or limitation of certain
damages. If these laws apply, some or all of the above
disclaimers, exclusions, or limitations, may not apply
to you, and you may have additional rights to those
contained herein. In such states, TAM’s liability
is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless TAM,
its officers, directors, employees, agents, licensors,
suppliers, and any third-party information providers
to the Sites from and against all losses, expenses,
damages, and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement
by you, or your violation of any rights of a third party.
Links to Other Web Sites:
This Site may, from time to time, contain links to other
Internet Web sites for the convenience of users in locating
information and services that may be of interest. These
sites are maintained by third parties over which TAM
exercises no control, and accordingly, TAM 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 TAM of such other sites, or the information,
documentation or content posted therein.
TAM 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.
Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents
issued by TAM and/or its affiliates, may contain statements
which constitute forward-looking statements within the
meaning of the U.S. Private Securities Litigation Reform
Act of 1995. Those statements can be identified by the
use of words such as "believe," "expect,"
"plan," "may," "will,"
"should," "anticipate" or similar
statements or the negative of these words. Forward-looking
statements include statements made as to future operations,
costs, capital expenditures, cash flow, improvements
in infrastructure, distribution, and replenishment systems
and operating efficiencies, sales and earnings estimates,
or trends and expansion plans and projections. These
forward-looking statements are based on our current
expectations. Known and unknown internal and external
risks and uncertainties may cause the actual results
to be materially different from those expressed in or
implied by the forward-looking statements. The information
contained in TAM’s parent’s most recent
Annual Report to stockholders, identifies important
factors that could cause actual results to differ from
those contemplated by forward-looking statements. TAM
undertakes no obligation to update forward-looking statements
to reflect events or circumstances that occur after
the date the statements were made.
Press Releases. The information contained
within press releases issued by TAM and/or its affiliates
should not be deemed accurate or current except as of
the date the release was posted. TAM has no intention
of updating, and specifically disclaims any duty to
update, the information in the press releases. To the
extent any information therein is forward-looking, it
is intended to fit within the safe harbor for forward-looking
statements, and is subject to material risk.
Forum Selection/Choice of Law:
These Terms will be governed by and construed in accordance
with the law of the state of New York, without reference
to its choice of law rules. Your acceptance of these
Terms , 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 you hereby
waive any and all jurisdictional and venue defenses
otherwise available.
Miscellaneous
TAM’s failure to insist upon or enforce strict
performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of
this Agreement. TAM may assign its rights and duties
under this Agreement to any party at any time without
notice to you. The provisions of these Terms are severable.
If any such provision is determined to be unenforceable,
such unenforceability shall not affect any other provision
of these Terms, and the Terms shall be construed as
if such unenforceable provision had not been contained
herein. |