TERMS AND CONDITIONS OF USE

NOTICE:  PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE (this "Site"). By accessing or using this Site, you consent and agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

 

1. MODIFICATION OF THESE TERMS OF USE

OKI Systems Limited ( OKI ) reserves the right to change the terms, conditions, and notices under which the OKI Web Site is offered. You are responsible for regularly reviewing these terms and conditions.

2. USE OF THIS SITE

Unless otherwise specified, this Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of this Site solely for your own noncommercial use, or to place an order with OKI or to purchase OKI products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of OKI is strictly prohibited.  Harassment in any manner or form on this Site, including via e-mail is strictly forbidden.

3. INTELLECTUAL PROPERTY RIGHTS

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of OKI. The collective work includes works that are licensed to OKI. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to OKI, or other respective owners that have granted OKI the right and license to use such Marks.
You acknowledge that all data developed and/or collected by OKI in connection with the operation of this Site shall be the exclusive property of OKI. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any contents found on this Site.  Nothing on this Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on this Site, without the prior written permission of OKI. Any rights not expressly granted herein are reserved

Copyright Infringement Notification

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent.  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. 
OKI respects the intellectual property of others, and we ask our users and visitors to do the same. OKI will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, OKI will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OKI the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on this Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit OKI to contact you; 
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
 
By mail: OKI Systems Limited
4665 Interstate Drive
Cincinnati, OH 45246
Attention: Gary Knapp

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING OKI THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

4. TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing this Site. These terms and conditions, or any of them, may be modified or terminated by OKI without notice at any time for any reason. The provisions relating to Intellectual Property Right, Disclaimer, Limitation of Liability, Indemnification, Applicable Laws, and General, shall survive any termination.

5. USER SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement any material, information or other communication you provide to OKI ("Submission") will be considered non-confidential and non-proprietary. OKI will have no obligations with respect to the Submission. OKI and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
In the event you place an order with OKI through or using this Site, you agree that any order so placed shall be the same as a signed writing, created in the ordinary course of the sending party's business, at or near the time of the events recorded and transmitted by a person with knowledge of the events.  When the order is printed from electronic records, such an order shall be considered an original Document. The party placing the order shall not contest the validity of the Document on the grounds that it fails to meet the common law statute of frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial Code, or other applicable law or statute, that it fails to meet the business records exception to the hearsay rule or that it fails the best evidence rule because it is not an original document.
When an order is transmitted by use of this Site by you pursuant to a previously assigned User ID and Password, OKI is authorized by you to ship products and invoice you in accordance with the terms and conditions, including but not limited to price, shipment instructions, etc., previously established by you and OKI.

6. THIRD-PARTY LINKS

This Site may contain links to other Internet sites on the World Wide Web. OKI provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site.  Links from this Site to any other site do not mean that OKI approves, or endorses or recommends that site. OKI disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

7. DISCLAIMER

Although OKI uses reasonable efforts to include accurate and up-to-date information on this Site, OKI makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any External Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  OKI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OKI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. 

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL OKI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF OKI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, BROWSING, OR USE OF THIS SITE, OR THE DOWNLOADING OR USE OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THIS SITE.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless OKI, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions (including negligent or wrongful conduct), by you or any other person accessing this Site using your Internet account.

10.  CAREER OPPORTUNITIES

Postings on this Site do not represent an offer of employment; any offer of employment must be made in person by an authorized representative of OKI in accordance with OKI s hiring policies and procedures.

11.  CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

From time to time, OKI may conduct contests. See the Official Contest Rules for rules which may apply to particular contests. No Purchase is Necessary to enter a contest conducted by OKI.  Any contest conducted by OKI is limited to legal residents of Ohio, Indiana and Kentucky, 18 years or older as of , except employees of OKI and their immediate families (immediate family is defined as a parent, sibling, child or any person residing in the same household as the employee). Do not enter any contest conducted by OKI if you are not located in Ohio, Indiana or Kentucky. Contests conducted by OKI are void where prohibited and are subject to all federal, state and local laws and regulations.

Any prize awarded in connection with a contest conducted by OKI is non-transferable. No substitution or cash equivalent for any prize is permitted, except by OKI in its sole discretion. In case of unavailability of any prize, OKI reserves the right to substitute a prize of equal or greater value.  Taxes, if any, are the sole responsibility of the winner. The odds of winning a contest conducted by OKI will depend on the total number of entries received. 

OKI is not in anyway liable for damage, loss or injury resulting from the award or use of any prize. The winner assumes all liability for injuries caused by or claimed to be caused by his or her participation in a contest conducted by OKI. OKI reserves the right, in its sole discretion, to cancel or suspend any contest should virus, bugs or other causes beyond the control of OKI corrupt the administration, security or proper administration of the contest.  OKI reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a contest conducted by OKI or to be acting in violation of these rules or the Official Contest Rules for any contest conducted by OKI. 

Internet or e-mail entrants must have a valid e-mail address.  OKI assumes no responsibility for lost, mutilated or misdirected entries. OKI is not responsible for late entries, for incorrect, inaccurate or incomplete entry information whether caused by a contestant or by an equipment or technical malfunction or by any technical or human error which may occur in the processing of the entries in a contest conducted by OKI.  An entry that is illegible, incomplete or late will be disqualified.  If a prize notification is returned as undeliverable or OKI cannot contact the winner for any reason within seven days, the prize may be forfeited and an alternate winner may be selected by random drawing of the remaining eligible entries.  Contest entries will be judged by OKI, whose decision on winner selection and all other matters relating to this contest are final.  All entries become property of OKI and will not be returned. 

12.  APPLICABLE LAWS

This Site is administered by OKI from its offices in Cincinnati, Ohio, United States of America and is intended for use by residents of the United States of America only. Your use of this Site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of OKI products or services) shall be in the state or federal courts located in Hamilton County, Ohio.  OKI s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  OKI may assign its rights and duties under this Agreement to any party at any time without notice to you. 
OKI makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio.

13.  GENERAL

These Terms and Conditions and those found in the OKI Privacy Statement set forth the entire understanding and agreement between you and OKI with respect to this Site. You acknowledge that any other agreements between you and OKI with respect to this Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.