(Effective and last modified 5/30/18)
1. INTELLECTUAL PROPERTY
2.1 To access or use some content or features of our Website or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
2.3. We may require that you establish an account with use to access certain parts of our Website or use certain Services (e.g., purchase tickets). When registering an account, you may need to select a username ("ID") and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us at [email protected]
3. LIMITATION, SUSPENSION OR TERMINATION
4. Acceptable Use.
4.2.1. Use our Website or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
4.2.2. Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website or Service (e.g., those that prevent or restrict copying Makino Content);
4.2.3. Take any action to interfere with, damage, disrupt any part of our Website or Service;
4.2.4. Use our Website or Service to send, knowingly receive, upload/post or download any material that does not comply with our content standards;
4.2.5. Use our Website or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
4.2.6. Use our Website or Service to transmit any data, or upload to our Website or Service, any data that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
4.2.7. Decompile, reverse engineer or disassemble any portion of our Website or Service;
4.2.8. Engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or Service.
4.3. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You must not:
4.3.1. Establish a link from any website that is not owned by you.
4.3.2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking.
4.3.3. Link to any part of the Website other than the homepage without our express written consent.
You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately.
5. RELIANCE ON MAKINO CONTENT
5.1. Information available through our Website or Service is for educational, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not verify all Makino Content. For this and other reasons, such information may have errors, inaccuracies and omissions. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone who may be informed of any of its contents.
5.2. Our Website may include content provided by third parties. All statements and/or opinions expressed in such materials are solely the opinions and the responsibility of the third party providing these materials. These materials do not necessarily reflect the opinion of Makino. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
5.3. If there is a dispute between you and anyone accessing our Website or Service, or you and any third party in connection with our Website or Service, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release Makino and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
6. THIRD-PARTY WEBSITES
7. LIMITS ON OUR LIABILITY
7.3. In some jurisdictions, limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
8. DISCLAIMER OF WARRANTIES
8.1. TO THE FULL EXTENT PERMITTED BY LAW, MAKINO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY MAKINO ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICE IS AT YOUR OWN RISK. MAKINO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.
8.2. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
10. MANDATORY ARBITRATION
10.1. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
10.2. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
10.3. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction
10.4. Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 12 below, we each agree that any arbitration will be solely between you and Makino, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction in Section 12 is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
11. GOVERNING LAW AND FORUM
12. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
13. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
14. AMENDMENT; ADDITIONAL TERMS
15. ONLINE PURCHASES
All purchases through our Website or other transactions for the sale of goods formed through our Website or resulting from visits made by you are subject to our Terms and Conditions of Sale which are made available for review before placing an order.