Terms of Use

This website (hereafter referred to as “the Site”) is controlled and operated by Toshiba Energy Systems & Solutions Corporation (hereafter referred to as “the Company”) from its offices within JAPAN. Any person or entity who uses the Site (the “User”) shall comply with this Terms of Use. The Company makes no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

  1. The User agree to use this Site for lawful purposes only and to comply with all applicable laws and regulations, including JAPAN and U.S. export and re-export control laws and regulations. The material provided on this Site is protected by law, including, but not limited to, Japanese Copyright Act and international treaties.
  2. The copyright in all material provided on this Site is held by “the Company” , its affiliates, or by the original creator of the material. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of “the Company” or the copyright owner, except that the User retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if the User breach any of these terms or conditions. Upon termination, the User must immediately destroy any downloaded or printed materials. the User also may not, without “the Company's” permission, "mirror" any material contained on this Site or any other server. The User shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted or proprietary materials available in this site, except as expressly permitted by the respective owner(s) thereof. Any other use of the content of the Site is strictly prohibited. The Use further agree that the User will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. Use of any software available for downloading from the site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  3. THE MATERIALS IN THIS SITE, INCLUDING MATERIALS IN LINKED SITES DIRECTLY OR INDIRECTLY ACCESSIBLE FROM THIS SITE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, “THE COMPANY” AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER “THE COMPANY” DOES NOT WARRANT THAT THE MATERIALS OR THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. “THE COMPANY” DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF THE USER’S USE OF MATERIALS FROM THIS SITE, OR ANY LINKED SITES, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER (AND NOT “THE COMPANY”) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE USER EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT THE USER'S SOLE RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S BUSINESS, THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
  4. This Site may provide links or references to other sites originating from other companies, individuals or organizations. However, the materials that can be accessed from such sites are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and the User assume all risk with respect to its use.
  1. UNDER NO CIRCUMSTANCES SHALL WE, NOR OUR AFFILIATES, AGENTS, AND SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, OR SIMILAR ECONOMIC LOSS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE IN THIS SITE OR ANY LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF, NOR FOR ANY CLAIM BY A THIRD PARTY. IF USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF USER EQUIPMENT OR DATA, THE USER ASSUMES ANY COST THEREOF.
  2. The User agree to release, defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney's fees) arising out of its use of this site or violation of these terms of use.
  3. Any communication the User sends to this Site or otherwise to “the Company” by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by “the Company” or its affiliates for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to “the Company” online, will be handled in accordance with “the Company's” Privacy Policy Statement ( https://www.toshiba-energy.com/en/privacy/index.htm )   The User is are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The sender of communications to this Site or otherwise to “the Company” shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
  4. The Company reserves the right to add, delete, or modify any or all terms of use at any time with or without notice. By using this Site, the User agrees to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which the User is bound.
  5. Registration, Passwords

     9.1 The User registration is required for use of the Site. The Site is safeguarded by password protection for the safety and security of business transactions, and can therefore only be accessed by registered Users.

    9.2 New user registration can be performed from the top page of the Site. For registering Users, a user ID and temporary password is issued. To complete the registration process, this temporary password must be reset with a secure password known only to the User upon first logging in.

    9.3 Registered user information can be changed directly from My Page. Additionally,

       confirmation of registered e-mail addresses is required.

    9.4 "The Company" retains the right to refuse user registration. Additionally, access to the Site may be terminated for registered Users under the following conditions:

    l Registered data proves to be false

    l The User responsibilities (Item 10) are violated; or

    l The User does not access the site for a prolonged period of time

    9.5 Restriction of access to user data by a third party is guaranteed, and “the Company” bears responsibility for user information in all business transactions and activities. In the event of suspicion that user information is being misused by a third party, it is necessary to send notice by letter or e-mail without delay to the inquiry portion of the Site.

    9.6 Upon receipt of notice regarding the items in 9.5,

     access to password-protected user information will be suspended. Access to the Site for the User who filed the notice will then be restricted to inquiries and new registration.

    9.7 As long as it bears no impact on related contracts, user registration can be canceled at any time.

     

  6. User Responsibilities

    10.1 When using the Site, The User must not commit any of the following actions:

    l Any act that may cause harm to or infringe upon the personal rights of others, including minors

    l Any act that may go against public morality

    l Any act that may infringe upon copyright or intellectual property rights

    l Upload any contents containing a virus, a so-called “Trojan horse,” or any such data that may cause similar damage

    l Upload a hyperlink; content to which the User does not own the rights; content which may lead to confidentiality infringement, transmission, storage, or uploading of illegal content;

    l Transmit, participate in, or encourage the transmission of advertisements or unauthorized e-mail (so-called “spam mail”), viruses, or similar material containing false information, including lotteries, snowball sampling, chain mail, pyramid schemes, or other such similar e-mail-based activity; or

    l Any breach or violation of any other provisions of this Terms of Use.

    10.2 If the User is found to have violated any of these user responsibilities, access to the Site may be suspended.

     

  7. The Terms of Use and the use of the Site fall under the jurisdiction of Japanese law excluding its conflicts of law provisions. Additionally, disputes over this Terms of Use and the use of the Site shall fall under the exclusive trail jurisdiction of the Tokyo District Court and its settlement verdict after trial.
  8. Website Operation

    12.1 Website Maintenance

      (1) The Company may temporarily shut down the Site for scheduled or unscheduled maintenance, which may include changes to the contents, such as layout.

      (2) This period shall be announced on the Site beforehand.

    12.2 Contact Information

      (1) Inquiries regarding services can be submitted from “Contacts,” on the top page of the Site.

      (2) Appropriation of responses in whole or in part for secondary use must receive prior consent from the Company.

      (3) Sales on the Site are conducted by Toshiba Energy Systems & Solutions Corporation (hereafter referred to as "the Company")