Terms of Use

These Terms of Use (“Terms”) apply to your access and use of Iwatani Corporation of America’s (“ICA”) website and social media pages along with their content, products, services, information, and software (collectively, the “Site”). Please read these Terms carefully before using the Site.

1. By accessing or using the Site through any means, you accept these Terms in their entirety. If you do not agree to accept these Terms in their entirety, you must exit the Site and cease all access to and use of the Site.

2. ICA may change these Terms at any time, including by posting a revised version of these Terms through the Site. Your use of the Site following any changes constitutes your agreement to such revised Terms.

3. While accessing or using the Site, you are required to comply with all applicable laws, rules and regulations as well as respect the rights and dignity of others. Your access to and use of the Site may be terminated at any time, with or without notice, and without any liability to you or anyone, if you fail to comply with any of these Terms.

4. While accessing or using the Site, you agree not to post, transmit, or otherwise make available:

   • Anything that is or may be (i) threatening, abusive, harassing, degrading, hateful or intimidating; (ii) false, misleading, defamatory or libelous; (iii) fraudulent or tortious; (iv) profane, obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

   • Anything impersonating, falsely stating, or otherwise misrepresenting your affiliates with any person or entity, or expressing or implying that ICA endorses any statement your make or content you post.

   • Anything affecting the privacy rights of others, or used to harvest or collect personally-identifiable information about users of the Site.

   • Any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;

   • Any material that disparages ICA;

   • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as 'phishing,' 'email spoofing,' 'hacking,' 'cracking,' or 'phreaking.'

   • Any computer viruses, ransomware, worms, Trojan horses, rootkits, keyloggers, dialers, spyware, adware, malicious BHOs (Browser Helper objects), rogue security software, or other computer code, file, or program that is harmful or invasive or that may or is intended to interfere with, disrupt, damage or hijack the operation of, or to monitor the use of, this Site, networks, servers, or any other hardware, software or equipment.

   • Any unsolicited or unauthorized advertising, promotional material, 'junk mail,' 'spam,' 'chain letter,' 'pyramid scheme' or investment opportunity, or any other form of solicitation.

   • Any material, non-public information about any entity without the proper authorization to do so.

5. ICA may add, discontinue or change the Site, in whole or in part, at any time. You agree that neither ICA nor its parent, subsidiaries, sponsors, or affiliates (collectively, “Affiliates”) shall be liable to you or to any third party for any addition, discontinuance or change of the Site, in whole or in part, or of any content, product, service, information, or software offered through the Site.

6. Any personal data such as your name, address, telephone number or e-mail address that you transmit to the Site will be for your personal use only and will be subject to ICA’s privacy policy. You should keep it confidential, and you must promptly notify us of any confidentiality breach or unauthorized use of your personal data on your Site account.

7. All opinions, remarks, comments, feedback, artwork, graphics, photographs, links, questions, suggestions, information, videos, and other materials or information that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) will be treated as non-confidential and non-proprietary, and you acknowledge that any such information will be treated as such. You agree that ICA will have a non-exclusive, royalty-free, right and license to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, whether for a commercial purpose or otherwise, in any medium and throughout the world. You acknowledge and agree that ICA only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content, accuracy of or for any offensive, unlawful or objectionable content you may encounter on the User Generated Content. ICA is also under no obligation to continuously monitor User Generated Content or moderate among users. Without limiting the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of ICA. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that you have the capacity to grant the license in this paragraph. ICA reserves the right in its sole discretion, at any time, and without any liability to you or anyone, to block, remove, or restrict, in whole or in part, any User Generated Content that it believes is not in accordance with these Terms or is otherwise unacceptable to ICA.

8. All of the logos, icons, trademarks, tradenames, text, graphics, photographs, images, sounds, illustrations, works, software, information, and other content made available through the Site (“Content”) are and shall remain the property of ICA and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. ICA may permit you to download and view one (1) copy of selected Content to which we provide you access or download, on any single computer, solely for your personal, informational, non-commercial purposes only, and subject to your compliance with these Terms. You must also keep intact all copyright, trademark, and other proprietary notices. Except as otherwise expressly authorized in these Terms or in writing in advance by ICA, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Content or any part of the Site. Certain Software may be governed by an additional end user license agreement or 'EULA' to which you may be required to agree before using such Software.

9. The Site may provide links to other websites or resources controlled by third parties over which ICA has no control. You acknowledge and agree that neither ICA nor its Affiliates are responsible for the availability of such external sites or resources or for any content, advertising, products, materials, purchases or transactions made through such sites or resources. Your access of such sites or resources shall be at your own risk and subject to any terms applicable to their use.

10. While ICA strives to maintain the integrity and security of the Site and the servers from which the Site is operated, ICA does not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors or materials. 

11. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SITE AND ANY CONTENT, SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES, AND USER GENERATED CONTENT) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED BY ICA ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING THIRD PARTY PRODUCTS AND SERVICES, AND USER GENERATED CONTENT) AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.

12. You agree to defend, indemnify and hold harmless ICA and its Affiliates, and their respective directors, officers, employees, agents, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms by you or on your behalf; or (c) any allegation that any User Generated Content or other materials that you make available or create through or in connection with the Site, infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

13. The Site and these Terms are governing by the laws of the State of Texas, U.S.A., without regard to its choice of law rules. You agree that any and all disputes, claims, and causes of action arising out of or connected with your use of the Site shall be resolved before the exclusive jurisdiction and venue of the state or federal courts located in Houston, Texas, and under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.

14. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. ICA may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without ICA’s express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms, together with all policies or rules referred to herein, is the entire agreement between you and ICA relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ICA relating to such subject matter. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and ICA.

15. ICA may deliver notice to you by e-mail, a general notice on the Site, or by other method to the address you have provided to ICA, and you consent to receive communications from ICA electronically. You further agree that all agreements, notices, disclosures, and other communications that ICA provides to you electronically satisfy any legal requirement that such communications be in writing. You may send information, notices, or complaints to ICA to the following address: ______________________.