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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.

 
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