Terms of Use

APPLICABLE LAW; PLACE OF JURISDICTION: Your use of this site shall be governed in all respects by the laws of JAPAN, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. 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 E-Performance Corporation products) shall be in the Tokyo District Court, JAPAN. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of E-Performance Corporation products) must be commenced within one (1) year after the claim or cause of action arises. E-Performance Corporation'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. E-Performance Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.
COPYRIGHT: The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of E-Performance Corporation. The collective work includes works that are licensed to E-Performance Corporation. Copyright 2003, E-Performance Corporation ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with E-Performance Corporation or purchasing E-Performance Corporation products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with E-Performance Corporation or to purchase E-Performance Corporation products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by E-Performance Corporation. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS: All trademarks, service marks and trade names of E-Performance Corporation used in the site are trademarks or registered trademarks of E-Performance Corporation.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless E-Performance Corporation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
WARRANTY DISCLAIMER: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, E-Performance Corporation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. E-Performance Corporation does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. E-Performance Corporation does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY: E-Performance Corporation shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if E-Performance Corporation has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS: In the event that a E-Performance Corporation product is mistakenly listed at an incorrect price, E-Performance Corporation reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. E-Performance Corporation reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, E-Performance Corporation shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by E-Performance Corporation without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE: E-Performance Corporation may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to E-Performance Corporation.