TERMS
OF USE
General Terms of Use
ATTENTION: Please Read These Terms,
Conditions And Legal Restrictions Carefully Before Using This Web Site. By
accessing, viewing, using, or downloading materials from this website (�Site�),
you agree to be legally bound by these Terms of Use (�Agreement�) and
all other terms, conditions and notices contained or referenced in the
Site. This Site is owned and
operated by Mitsubishi Heavy Industries of America, Inc. (the
�Company�).
Use of this Site is available only to
those users who are in compliance and agreement with these terms and conditions
of use as well as the other terms and conditions referenced elsewhere on this
Site. Please note that by accessing,
viewing, using, or downloading materials from the Site, you agree to be legally
bound by all of the terms, conditions and notices contained or referenced herein.
Subject to these terms and conditions
and all applicable laws and regulations, the Company grants you a
non-exclusive, non-transferable, personal,
limited license to access, view, use and display this Site and the text,
graphics, content, information, audio, video and
other services that the Company makes available to you from time to time on
this Site (the �Materials�), solely for non-commercial,
non-litigious,
non-public, personal purposes
related to your ownership and use of the MU-2 Aircraft (collectively, the �Permitted Purposes�)
and on the other
terms and conditions set forth in this
Agreement. This authorization is not a transfer of title to the Site or the
Materials contained herein, and any downloading, modification, reproduction,
copying or redistribution for commercial purposes of any information or
Materials or design elements of the Site is strictly prohibited without the
prior written consent of the Company. Requests for permission to
reproduce any information contained
on this Site should be
addressed to the Company at jenna_herzog@mhia.com, 972-934-5480.
Notwithstanding the above, the Company
authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy
is used solely for
the Permitted Purposes,
and further provided that any such copy remains protected by all copyright,
trademarks, Site marks, and other proprietary notices and legends contained on
the Site.
This license does not include the right
to modify this Site, or any portion of it, except with the express written
consent of the Company. Any resale
or commercial use of this Site or its contents; any collection and use of any
product or service listings, descriptions, or prices; any derivative use of
this Site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction
rules is prohibited.
You agree to all additional
restrictions displayed on the Site as it may be updated from time to time. You
agree to use this Site for lawful purposes only, and shall not post or transmit
any information or material which in any way infringes or violates the rights
of others or which is unlawful, defamatory, threatening, and invasive of
privacy or publicity, obscene, harassing or otherwise objectionable.
You have no ownership rights in the
Site or in the Materials. Rather, you have a license to download, access, view,
use and display this Site and the Materials as long as this Agreement remains
in full force and effect. Unless otherwise noted, ownership of the Site and the
Materials and all intellectual property rights therein shall remain at all
times with the Company or their respective owners.
If you are a registered user of this
Site, you are responsible for maintaining the confidentiality of your account
and password. If you use this Site, you are responsible for restricting access
to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. The Company reserves the right to
refuse service, terminate accounts, or remove or edit content in its sole discretion.
YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED
COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED �AS
IS� WITHOUT ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT,
OR FITNESS FOR PARTICULAR PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN
CIRCUMSTANCES. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS
OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO
THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS,
CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES
FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. THE COMPANY DOES NOT ASSUME
ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR
OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING
ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE
SITE.
THE MATERIALS INCLUDED IN THE SITE MAY
CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT,
IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF
THE SITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND
THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT
ANY TIME WITHOUT NOTICE.
The Company may provide on this Site,
solely as a convenience to its users, links to web sites operated by other
entities. If you use these sites, you will leave this Site. If
you decide to visit any linked site, you do so at your own risk and it
is your responsibility to take all protective measures to guard against viruses
or other destructive elements. The Company does not make any warranty or
representation regarding, or endorse or otherwise sponsor, any linked web sites
or the information appearing thereon or any of the products or services
described thereon. Links do not imply that the Company is
affiliated or associated with the linked site, or is legally authorized to use
any trademark, trade name, logo or copyright symbol displayed in or accessible
through the links; or that any linked site is affiliated or associated with the
Company or is authorized to use any trademark, trade name, logo or copyright
symbol of the
Company.
Any information, statements, opinions,
services or other information provided by third parties and made available on
this Site are those of the respective author(s) and not the Company. Such information
and the like may be updated
from time to time directly by the respective authors. The disclaimer set forth above applies
regardless of the updating party. You are prohibited from reproducing or
�framing� pages or content provided by the Company or its affiliates. You may link
to internal pages within this Site, provided that you do not copy or
frame the content found there.
The Company does not want you to, and
you should not, send any confidential or proprietary information to the Company through this Site unless
specifically requested by the Company. Please
note that any unsolicited information or material sent to the Company will be
deemed not to be confidential or proprietary. By submitting information and
material to this Site, you grant to
the Company (or warrant that the owner of such information and material has
expressly granted to the Company) a royalty-
free, perpetual, irrevocable, unrestricted, right and license to use,
reproduce, display, perform, modify, adapt, publish, translate, transmit and
distribute or otherwise make available to others such information and material
(in whole or in part and for any purpose)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or hereafter developed. You also agree that the Company is free to
use any ideas, concepts, know-how or
techniques that you send to either of them for any purpose.
The Company does not want to receive,
and you are deemed to agree through the use of this Site not to provide, any
information or materials to the Company that are defamatory, threatening,
obscene, harassing, in violation of any law, governmental requirements or
otherwise unlawful, or that incorporate the proprietary information or
materials of another person or entity. If you provide any such information, it
is agreed that you are solely responsible and liable for any damages or other
harm resulting from such submission.
You shall not upload, post or otherwise
make available on this Site any information and material protected by
copyright, trademark or other proprietary right without the express written
permission of the owner of such right(s). You shall be solely liable for any
damages resulting from any infringement of copyright, proprietary rights, or
any other harm resulting from such a submission.
We respect the intellectual property of
others, and we ask our users to do the same. To the extent that you have
provided any work and if you believe that your work has been copied and is
accessible on this Site in a way that constitutes copyright infringement,
please provide the Copyright Agent (as identified below) with the following
information:
(a)
identification of the copyrighted work
claimed to have been infringed;
(b)
identification of the allegedly
infringing material on the Site that is requested to be removed;
(c)
your name, address and daytime
telephone number, and an e- mail address if
available, so that the Company
may contact you if necessary;
(d)
a statement
that you have a good faith belief that use of the copyrighted work is
not authorized by the copyright owner, its agent or the law;
(e)
a statement that the information in the
notification is accurate and, under penalty of perjury, that the signatory is
authorized to act on behalf of the owner of an exclusive copyright right that
is allegedly infringed; and
(f)
an
electronic or physical signature of the copyright owner or someone authorized
on the owner�s behalf to assert infringement of copyright and to submit the statement.
The Copyright Agent for Notice of
claims of copyright infringement on
the Site can be reached at jenna_herzog@mhia.com[I1]
You may also send a written notice of
alleged copyright infringement to the Company�s designated agent at the
following address:
If by First Class Mail:
Copyright Agent for Notification of
Claimed Infringement
Mitsubishi Heavy Industries America,
Inc. Suite 530, Addison, TX 75001
If by Facsimile:
Attn: Mitsubishi Copyright Agent
972-248-3321
YOUR USE AND BROWSING OF THE SITE IS AT
YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS,
PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR
CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY
OR ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE
OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY
WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH
SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE;
ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT;
DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON
WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY
LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR
OTHER THIRD PARTY.
The obligations and responsibilities of
the Company regarding its respective products and
services, if any, are governed solely by the terms and conditions of
sale or license under which such products and services are sold or licensed.
Copies of such terms and conditions are available directly from the Company.
All content contained herein is subject
to change without notice, but the Company has no responsibility to update any
information on this Site. The Company reserves the right to change or modify
the terms and conditions applicable to the use of this Site at any time. Such
changes, modifications, additions, or
deletions to the
terms and conditions of
use shall be effective immediately upon notice
thereof, which may be given by any means including, but not limited to, posting new terms and conditions on
the Site. Any use of the Site after such change or modification
shall be deemed to constitute acceptance by you of such changes, modifications,
additions, or deletions. Because they will be binding on you, you should
revisit these terms from time to time. The
Company may terminate, change, suspend or discontinue any aspect of the Site,
including the availability of any features of the Site, at any time. The
Company may also impose limits on certain features and services or restrict
your access to parts of the Site without notice
or liability.
This Agreement and the licenses granted
herein will terminate automatically
and without notice if you fail to comply with any term or condition of this
Agreement; provided, however, that all provisions relating to disclaimers,
limitation of liability, copyright, trademarks and other proprietary rights
of the Company shall survive
the termination of this Agreement.
This Site is administered
by Mitsubishi Heavy Industries America, Inc. from its
offices (within the United States
of America.). The Company makes no representation that all
products, services or programs, if any, are available in your country or
that materials published at this
Site are appropriate or legally available for use at locations outside of
the United States. Access to such materials from territories where their contents are illegal is prohibited.
You may not use the Site
or transfer, download or
use any information or materials in violation of U.S. laws and
regulations, including those relating to
export controls. This Agreement is
expressly made subject to any laws, regulations, orders, or other restrictions
on the export from the United States of the Materials or information about the
Materials that may be imposed from time to time by the government of the United
States. You shall not export the
Materials or information about the Materials without the
consent of the Company and compliance with such laws, regulations, orders or
other restrictions. If you access the Site from a location outside
of the United States, you are responsible for compliance with all local laws.
By your use of this Site, you represent and warrant to the Company that you are in compliance with all laws applicable
to your use of this
Site.
This Agreement shall be construed
according to the laws of the United States and the State of Texas, with venue
and jurisdiction residing in state and federal courts in Dallas County, Texas.
This Agreement, including any and all
subsequent modifications and changes by the Company, constitutes the entire
understanding between you and the Company pertaining to this Site and
supersedes all previous communications, representations and agreements, whether
oral or written, relating to the
Site. If any part of this Agreement is found invalid or
unenforceable by a court of competent jurisdiction, that provision shall
be enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this Agreement shall continue in full force and effect.
This Site, including all information
and Materials contained in it, are copyrighted and protected by worldwide
copyright, trademark and other laws and treaty provisions. You agree to comply
with all copyright, trademark and other laws worldwide in your use of this Site and to prevent any
copying, reproduction, modification, distribution, displaying, performing or
transmission in violation thereof or of these terms and conditions. Except as
expressly provided in these terms and conditions, the Company does not grant
any express or implied license or third party right to you under any patents,
trademarks, copyrights or trade secret information of the Company or of any third party.
All design, text, graphics and the
selection and arrangement thereof connected with this Site are the property of
the Company.
This Site contains
many Company and third-party trademarks and service marks. All marks are the property of their respective
companies. All rights in the
intellectual property contained in this Site including copyright, trademarks,
trade secret and patent rights are reserved. Access to this Site does not
constitute a right to copy or use any of the intellectual property of the Company.
Statutory notice contained herein represents trademark status in
the United States.
You shall not sublicense, transfer or assign
this Agreement or any of the rights or licenses granted under this Agreement.
Any attempted transfer in violation of the foregoing is void.
[I1]If MHIA wants to designate a Copyright Agent, MHIA will need to register Ms. Herzog as the Copyright Agent with the U.S. Copyright Office (https://dmca.copyright.gov/osp/login.html) The cost has just been reduced to $6 (previously $140).