Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement. These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on Janome, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, if you affirmatively provide us with information or register for services via our Website, you agree to be legally bound by these Terms.
2. Grant of Rights. Provided you comply with these Terms, we grant you the right to access all areas of the Website for purposes of (i) learning more about our services and (ii) participating in our service offerings ("Permitted Purposes"). In addition, we grant you the right to print out a reasonable number of pages from our Website, and circulate to decision-makers a copy of these pages, provided that (a) you use these print-outs (and ensure your decision-makers use these print-outs) only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website. Apart from your express right to use and print for Permitted Purposes, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Site.
3. Janome Ownership; Reservation of Rights. All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our online services, including all associated intellectual property rights, are protected by copyright and other intellectual property laws or are used under the principles of fair use, and are the property of Janome and its licensors. Janome retains all rights with respect to the Website except those expressly granted to you in Section 2, above.
4. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party Websites (collectively "Linked Sites"). Janome has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Janome does not endorse the content of any Linked Site, nor does Janome warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
5. Code of Conduct. As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Website.
Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
6. Revocation or Suspension of Use Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
7. Submitted Content. If our Website allows you to post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, "Use Rights"). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to submit or post the information, and provide these Use Rights.
8. Warranty Disclaimer. Janome does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. Janome does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. JANOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE JANOME SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL JANOME BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE JANOME SITE, THE SERVICES, OR THE CONTENT. IN NO EVENT SHALL JANOME’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE JANOME SITE OR ANY SERVICES YOU RECEIVE FROM THE SITE ("SITE SERVICES") EXCEED THE GREATER OF: (I) $250.00 OR (II) THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO JANOME FOR SUCH SITE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
10. Indemnity. You agree to defend, indemnify, and hold Janome and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
11. Additional Terms for Certain Services or Sites. We may offer certain Janome Websites or services that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
12. Modifications to these Terms. If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
13. Assignment. These Terms of Service shall not be assignable by you, either in whole or in part. Janome reserves the right to assign its rights and obligations under these Terms.
14. General. These Terms shall be governed in all respects by the laws of the State of New Jersey without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of New Jersey, in the judicial district that includes Mahwah. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Janome’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Janome and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
15. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 3 (Janome Ownership; Reservation of Rights)
Section 7 (Submitted Content) (with respect to Use Rights)
Section 8 (Warranty Disclaimer)
Section 9 (Limitation of Liability)
Section 10 (Indemnity)
Section 13 (Assignment)
Section 14 (General)
Section 15 (Survival)
16. Contact Us. You may contact us for any reason at the following addresses:
Janome America, Inc.
10 Industrial Ave.
Mahwah, NJ 07430
17. Effective Data. The effective date of these Terms is May 14, 2007.