Terms of Use

Legal Notices

All information, materials, data and electronic files of any kind whatsoever (collectively, the "MATERIALS") contained and posted on this Web site (the "Site") are provided by Mornington, for informational purposes only and as a service to its customers and vendors to assist in their business dealings with Mornington. The MATERIALS are governed by and subject to the terms and conditions stated in these terms of use (the "Terms of Use"). Mornington reserves the right to update the Terms of Use at any time without notice to YOU and may also make improvements and/or changes in the products and/or services described on the Site at any time without notice. By accessing, using or downloading any of the MATERIALS contained in this Site, YOU (an individual acting on behalf of yourself or a business entity) agree to be bound by these Terms of Use. If YOU do not agree to be bound by these Terms of Use, do not download or print any MATERIALS from and immediately discontinue using this Site and the MATERIALS.

Authority

YOU represent and warrant that YOU possess the legal right to agree to these Terms of Use. YOU agree to be responsible for any unauthorized use of the MATERIALS caused directly or indirectly by YOU.

Copyright and Trademark Rights

YOU acknowledge and agree that the MATERIALS available on this Web site are protected by copyright, trademark, domain name, service marks, patents, trade secrets or other intellectual property rights and laws. Except as expressly authorized by Mornington, YOU agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the MATERIALS. All copyright privileges are reserved. "Mornington" is registered trademark and no use thereof is permitted, nor is any license to use such trademark be granted by your use of this Site.

Permitted Uses and Restrictions

Use of the MATERIALS for any purposes, including reposting, republishing or retransmission, not expressly permitted in these Terms of Use is prohibited. There is no implied consent for any repost, republication or retransmission of the MATERIALS. No part of the MATERIALS from this Site may be posted to any web page, gopher or FTP site, bulletin board system or other electronic archival database or republished or made available for a fee, except with Mornington's express written consent.

The right to use the MATERIALS is a license, not a transfer of title, and is subject to the restrictions stated in these Terms of Use. YOU may download one copy of the MATERIALS onto a single computer for the purpose of assisting YOU in the purchase and/or use of any of the products referred to in this Site, provided that YOU keep intact all copyright and other proprietary notices. YOU may also make one hard copy of such MATERIALS. Except as expressly provided in these Terms of Use or unless YOU receive specific written permission from Mornington, YOU shall not: (a) modify the MATERIALS or use them for any commercial purpose; (b) assign, transfer or sublicense any rights granted to YOU through these Terms of Use; (c) offer the MATERIALS for sale or rental; (d) de-compile, decode, reverse engineer, or disassemble any Software which is included in the MATERIALS; (e) remove any copyright, trademark or other proprietary notices from the MATERIALS; (f) take any actions which interfere with intellectual property rights of Mornington or its affiliated companies; or (g) copy, display, transfer, license, reproduce, publish, download, upload, post, transmit, distribute or sell, in whole or in part, the MATERIALS or use the MATERIALS to create a derivative work. Except as expressly provided in these Terms of Use, there are no other express or implied rights granted to YOU.

Links

Mornington or its subsidiaries and affiliated companies may provide links to other Internet sites or resources but have no control over such sites and resources. YOU acknowledge and agree that Mornington or its subsidiaries and affiliated companies are not responsible for the availability of such external sites or resources. Mornington does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources and will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on any such Content, goods or services available on or through any such site or resource.

Please understand that the Mornington Site may be linked to other websites that are not under the control of and are not maintained by Mornington. Mornington is not responsible for the content of those sites.

For third parties interested in linking to the Mornington Site, please refer to the following rules. Authorization from Mornington will not be necessary if these procedures are followed.

1. Links to a website that apply to the list below will not be accepted:
   • A website that offends public order and morale and contains contents or comments that are obscene/profane
   • A website that libels, slanders or intimidates Mornington Corp. or any third party and contains content that will tarnish the trust of the company
   • A website that violates a third party's copyright or any other property right and contains content that leads to damage and liability
   • A website that contains illegal content
2. Make sure that the Mornington Website pops up in a separate window rather than within a frame of your website.
3. Clearly state the fact that the link is to the Mornington Website.
   • * For a text link use either ‘Mornington Website’, ‘Mornington’ or ‘Mornington’

Permission to link to the Mornington website does not ensure the absence of technical or content errors on the website; therefore Mornington will not be held responsible for any problems that the link may cause.

The URL or content of the Mornington website may change or be terminated without notice.

If there is a request from Mornington to terminate the link from the website, the link must be terminated immediately.

Ownership and Modifications of Materials

YOU acknowledge that title, ownership and all intellectual property rights in and to the MATERIALS and any copies of the MATERIALS are owned by and remain with Mornington or its subsidiaries and affiliated companies unless otherwise specified. The MATERIALS may be changed, improved or updated periodically at any time without notice. In order to obtain the latest product information, data sheets, technical information or further details about any of the MATERIALS in this Site, YOU may reach us at Contact Us.

Product Information

Products are subject to availability. Please Contact Us when considering the use of a product described in the MATERIALS for special applications, such as apparatus or systems for transportation, vehicular, medical, aerospace, nuclear or undersea use.

Global Availability

Mornington may publish information on the Site that may contain references to Mornington products, programs and services that are not announced or available in your country. Such references do not imply or state that Mornington intends to announce such products, programs or services in your country. Consult your local Mornington business dealer for information regarding the products, programs and services that may be available in your area.

Information from Third Parties

The MATERIALS may contain information provided by third parties and/or links to Web sites operated by third parties. If YOU use such third party sites, you will leave this Site and YOU do so at your own risk. Mornington does not operate or control in any respect any third party information or Web sites, and, therefore, makes no warranty or representation regarding, and does not endorse, such information or linked Web sites or information appearing thereon. Links should not be construed as Mornington sponsorship or endorsement of any linked Web site or the information contained thereon or that Mornington is affiliated or associated with, or is legally authorized to use the trademark, trade name, logo or copyright symbol displayed in such third party Web sites. All other brand and product names referenced or included in the MATERIALS are trademarks or service marks of their respective holders.

Information Provided by YOU

Mornington does not want YOU to, and YOU should not, send any confidential or proprietary information to Mornington via the Site. YOU agree that any information or materials that YOU, directly or indirectly, provide to Mornington via the Site will not be considered confidential or proprietary. By providing information and/or materials to Mornington via the Site, YOU grant to Mornington an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit and distribute such information and material. YOU further agree that Mornington may use any ideas, concepts or know-how that YOU or anyone acting on your behalf provides to Mornington. YOU further warrant and represent to Mornington that any information or materials provided to Mornington by YOU shall not include any information or materials that is defamatory, threatening, obscene, harassing or otherwise unlawful or that incorporates the proprietary material of a third party. YOU acknowledge the content that your submit is responsible by YOU and not Mornington. YOU have full responsibility for the content, which includes the legality, reliability, appropriateness, originality and copyright.

Jurisdiction and Venue

This Site is owned and operated by Mornington from its offices in Marunouchi, Tokyo, Japan. This Site shall be governed by and construed in accordance with the laws of Japan and, as to matters affecting copyright, trademark and patents, by Japanese law. This Site will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. In addition, YOU agree that if any legal action is filed as a result of the use or inability to use the MATERIALS contained in this Site, then such action shall be filed in the Tokyo District Court, Tokyo Prefecture, Japan. By using this Site, YOU irrevocably consent to the jurisdiction of those courts for all disputes arising out of or relating to the use of the MATERIALS.

Modifications

Mornington reserves the right to change or revise these Terms of Use. Please check these Terms of Use periodically for changes and modifications. Your continued use of this Site following the posting of modifications to these Terms of Use constitutes acceptance of these changes. Mornington may terminate, change, suspend or discontinue any aspect of the Site, availability of the Site or features of the Site at any time. Mornington may also impose restrictions on features and services and may limit your access to the Site without notice or liability.

Export Control Laws

Mornington makes no representation that the MATERIALS in this Site are appropriate or available for use in the location in which YOU are situated. Accessing the MATERIALS from territories where its contents are illegal is prohibited. YOU agree that by accessing this Site, YOU do so on your own initiative and YOU are responsible for compliance with the applicable local laws. The products or technologies provided in the MATERIALS are subject to the export laws and regulations of Japan and other countries. Any diversion or re-export contrary to, or any violation of, applicable export control laws and regulations is prohibited.

No Agency or Partnership

YOU agree and acknowledge that no joint venture, partnership, employment or agency relationship exists between YOU and Mornington and any of its subsidiaries and affiliated companies as a result of YOU accessing and using the MATERIALS contained in this Site. YOU acknowledge that YOU have no authority or power to bind Mornington or its subsidiaries and affiliated companies and YOU will not represent or hold yourself out as having such authority or that YOU are a representative, agent or employee of Mornington or any of its subsidiaries and affiliated companies. In no event shall Mornington or its subsidiaries and affiliated companies be liable for any representation, act or omission made by YOU.

Termination

Mornington may terminate your right to use the MATERIALS at any time for any reason without incurring any liability to YOU whatsoever. Your right to use the MATERIALS shall also terminate immediately if YOU breach any term contained in these Terms of Use. Upon termination, YOU shall immediately cease using any of the MATERIALS and destroy all versions and copies of the MATERIALS in your possession.

Sever-ability

If any provision or portion of a provision of these Terms of Use is held to be invalid or unenforceable for any reason, such invalidity shall not affect the validity of the balance of that provision and/or remaining provisions of these Terms of Use, which shall remain valid and enforceable.

Entire Agreement

These Terms of Use constitute the entire agreement between YOU and Mornington with respect to this Site and supersedes all prior or contemporaneous communications and proposals in any medium between YOU and Mornington.

Miscellaneous

Any rights not expressly granted in these Terms of Use are reserved by Mornington and its affiliated companies.

For questions, comments or feedback, please Contact Us.