Conditions of Use

TERMS & CONDITIONS

YAMAZEN INC. TERMS AND CONDITIONS OF USE

Last Modified: May 28, 2019

1. Acknowledgment and Acceptance

Yamazen Tooling (“YAMAZEN”) provides the use of this YAMAZEN website (located at www.yamazen.com) (“Website”) to you, conditioned upon your acceptance without modification of the following terms and conditions of use (“Terms of Use”). Please review these Terms of Use carefully. By using the YAMAZEN Website, you are agreeing to these Terms of Use. If you do not agree or do not wish to abide by these Terms of Use, you may not use the YAMAZEN Website or access and/or download any materials.

2. Use of YAMAZEN Website Intended for Users 13 Years of Age or Older

The YAMAZEN Website is intended for use strictly by individuals 13 years of age or older. The YAMAZEN Website is not directed for use by children under the age of 13.

3. Modification of These Terms of Use

YAMAZEN reserves the right to change the terms, conditions, and notices under which the YAMAZEN Website is offered, including but not limited to, changes associated with the use of the YAMAZEN Website, at any time, without liability or prior notice.

4. Accounts, Passwords and Security

Certain features or services offered on or through the Website may require you to open or register an account (including setting up a YAMAZEN ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify YAMAZEN immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s YAMAZEN ID, password or account at any time without the express permission and consent of the ID holder. YAMAZEN cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. Intellectual Property Rights

All content, text, images, data, information and other material displayed, available or present on the YAMAZEN Website, including any trademarks or copyrights, are the property of YAMAZEN or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of YAMAZEN, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on the YAMAZEN Website. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display the YAMAZEN Website or any Content without the prior written permission of YAMAZEN.

6. Authorized and Prohibited Uses

As a condition of your use of the YAMAZEN Website, you warrant to YAMAZEN that you will not use the YAMAZEN Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the YAMAZEN Website in any manner which could damage, disable, overburden or impair the YAMAZEN Website or interfere with any other party’s use and enjoyment of the YAMAZEN Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the YAMAZEN Website.

7. Links to Third Party Sites

The YAMAZEN Website may contain links to other websites (“Linked Site(s)”). The Linked Sites are not under the control of YAMAZEN and YAMAZEN is not responsible for the contents of any Linked Site, or any changes or updates to a Linked Site. YAMAZEN is not responsible for webcasting or any other form of transmission received from any Linked Site. YAMAZEN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YAMAZEN of the Linked Site or any association with its operators.

8. Limitation of Liability and Disclaimers

Any and all content appearing on the YAMAZEN Website is provided for informational purposes only. The YAMAZEN Website, its content and its links are provided on an “As Is”, “As Available” basis and are used only at your sole risk, to the fullest extent permissible by law. YAMAZEN, its parent, and affiliated companies disclaim all warranties, express or implied, of any kind, regarding the YAMAZEN Website (including its content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. YAMAZEN, its parent, and its affiliated companies will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with use of the Internet, the YAMAZEN Website, its content or its links.

9. Indemnification

You will defend, indemnify and hold harmless YAMAZEN, its parent, and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of the YAMAZEN Website, online conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of the YAMAZEN Website.

10. Termination/Access Restriction

YAMAZEN reserves the right, in its sole discretion, to terminate your access to the YAMAZEN Website and the related services or any portion thereof at any time, without notice. Use of the YAMAZEN Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and YAMAZEN as a result of these terms of use or use of the YAMAZEN Website. YAMAZEN performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of YAMAZEN right to comply with governmental, court and law enforcement requests or requirements relating to your use of the YAMAZEN Website or information provided to or gathered by YAMAZEN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and YAMAZEN with respect to the YAMAZEN Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and YAMAZEN with respect to the YAMAZEN Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

11 Applicable Law and Forum

The YAMAZEN Website, these Terms of Use, and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. The state and federal courts located in Chicago, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising in connection with the YAMAZEN Website or these Terms of Use. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Chicago, Illinois.

Miscellaneous Provisions

You represent and warrant that you are authorized to enter into these Terms of Use on behalf of any entity which you represent. These Terms of Use constitute the entire agreement between the parties with respect to this subject matter and supersede any prior agreement or communication. These Terms of Use may only be modified by YAMAZEN, at its sole discretion. Your obligations pursuant to these Terms of Use shall survive termination of the YAMAZEN Website, any use by you of the YAMAZEN Website and of its content or these Terms of Use.