FAMIMA CORPORATION TERMS OF USE

The use of the famima-usa.com website (this "Site") is governed by the terms and conditions set forth below, and by the terms and conditions set forth in the Famima Corporation Privacy Policy set forth on this Site. All of such terms and conditions are collectively hereinafter referred to as these "Terms of Use," or "TOU." Your use of this Site in any manner constitutes your acknowledgment that you have read these Terms of Use and agree to be bound by them. Famima Corporation ("Famima") reserves the right to modify these TOU at any time without prior notice to you. Therefore, we recommend that you read them carefully each time you use this Site.

Use License
Viewing this Site creates a copy of the materials within this Site in your computer's random access memory and/or hard drive, and/or in your proxy server. Famima grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on such pages; (b) do not modify or alter the content of such pages in any way; and (c) do not make such content available to any third party. Famima reserves complete title and full intellectual property rights in any content that you download from this Site. In addition, as a condition of your use of this Site, you represent and warrant to Famima that you will not use this Site for any purpose that is unlawful, immoral, or prohibited by these TOU.

Proprietary Rights
The entire contents of this Site, including any and all text, images, music, sound, photographs, video illustrations, icons, graphics, headers, data, information, and software (collectively, "Content"), are subject to copyright, trademark, or other proprietary rights or licenses held by Famima or by third parties who have licensed their rights to Famima. Except as provided above, you may not use, copy, modify, or create derivative works of the Content, or distribute, publish, transmit, reuse, or repost the Content in any manner, or sell or attempt to sell the Content.

Privacy
To view the Famima Corporation Privacy Policy, please click here.

Marks
The trademarks, service marks, and logos (the "Marks") used and displayed on this Site are either registered or unregistered Marks of Famima and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site, without the prior written permission of the Mark owner. Famima aggressively enforces its intellectual property rights to the fullest extent of the law. The trademark "Famima," the Famima logo, and the other Famima Marks may not be used in any way, whether in advertising or publicity pertaining to distribution of products listed on this Site or otherwise, without prior, written permission from Famima. Famima prohibits use of any Famima Marks as part of a link to or from any website unless establishment of such a link is approved in advance by Famima in writing. Other product and company names mentioned in this Site may be the Marks of their respective owners.

Product Sales
At present, Famima does not accept any orders or conduct any sales through this Site. To purchase any products from Famima, please visit a Famima store.

Links to Third Party Sites
This Site may contain links to websites owned or operated by parties other than Famima. Such links are provided for your reference only. Famima does not control outside websites and is not responsible for their content. Our inclusion of links to an outside website does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor; nor does our inclusion of the links imply that Famima is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

Errors on this Site
We make every effort to ensure that the information on this Site is accurate, complete, and current. However, as is indicated in the disclaimer set forth below, Famima does not guarantee that the information contained on this Site will be free of errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to product descriptions or availability, or to any other matters referenced on this Site. Famima reserves the right to correct any error, inaccuracy, or omission or to change or update any product descriptions, product specifications, or other information on this Site at any time without prior notice to you.

Disclaimer of Warranties
THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS." FAMIMA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION AND MATERIALS, AND FAMIMA SPECIFICALLY DISCLAIMS AND NEGATES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS. FAMIMA DOES NOT WARRANT THAT THE USE OF ALL OR ANY PORTION OR FUNCTION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, FAMIMA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE INFORMATION OR MATERIALS ON THIS SITE, OR ON ANY WEBSITES LINKED TO THIS SITE, OR OTHERWISE RELATING TO SUCH INFORMATION OR MATERIALS.

Exclusion Of Liability
NEITHER FAMIMA NOR ANY OF ITS AGENTS OR AFFILIATES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL FAMIMA, ITS AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE, YOUR USE OF THIS SITE, YOUR INABILITY TO USE THIS SITE, OR ANY DELAYS IN YOUR ABILITY TO USE THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FAMIMA HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Availability of Products
This Site may contain references to Famima products or services that are not available in your area. Such references are not intended to announce such products or services in your area. Famima cannot guarantee the availability of any particular product listed on this Site. Famima reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

Feedback and Information
Famima welcomes your feedback regarding Famima products and services. However, any feedback or other information you provide at this Site shall be deemed to be non-confidential, and Famima shall be free to use or disclose such information on an unrestricted basis, and without compensating you.

Contacting Us
If you have any questions about this Site or these TOU, or if you wish to contact Famima for any reason, please call us at (310) 214-1001, send us an e-mail at info@famima-usa.com, fax us at 213-214-7200, or write to us at: Famima Corporation, 20000 Mariner Avenue, Suite 100, Torrance, CA 90503 Although Famima will in most circumstances be able to receive your e-mail or other information provided through this Site, Famima does not guarantee that it will receive all such e-mail or other information timely and accurately, and shall not be legally obligated to read, act on, or respond to any such e-mail or other information. Be aware that internet e-mail typically is not secure.

General
This Site resides on a server in Torrance, California, USA. You agree that these TOU and your use of this Site are governed by the laws of the State of California, USA. You hereby consent to the jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Los Angeles, California, USA in all disputes arising out of, relating to, or concerning this Site and/or these TOU.
Any claim, dispute, or controversy arising out of, relating to, or concerning this Site and/or these TOU shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association in Los Angeles, California, USA, and judgment on any award of the arbitrator(s) may be entered by any court of competent jurisdiction. However, any party may seek preliminary injunctions, temporary restraining orders, or other provisional remedies in any court of appropriate jurisdiction, as provided in California Code of Civil Procedure Section 1281.8.
Famima has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that information on this Site is appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements, and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.
If any provision of these TOU is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of these TOU shall remain in full force and effect.
You agree that Famima may at any time change these TOU by posting updated TOU on this Site, and that any such change in these TOU shall be effective for all transactions or matters that are effected or arise after such posting.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Famima as a result of these TOU or your use of this Site. The performance of Famima under these TOU is subject to existing laws and legal process, and nothing contained in these TOU is in derogation of the right of Famima to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Famima with respect to such use.
These TOU (including the Famima Corporation Privacy Policy that is incorporated herein by reference) constitute the entire agreement between you and Famima with respect to this Site. These TOU supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Famima with respect to this Site.
Any alleged waiver of any breach of these TOU shall not be deemed to be a waiver of any future breach.
A printed version of these TOU and/or of any notice given by Famima in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOU or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Famima in printed form.


Copyright © 2006 Famima Corporation. All Rights Reserved.


Last updated June 28, 2006