Technical information service KOBELCO
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Technical information service membership agreement

1. Membership agreement
This website "Kobelco Construction Machinery Technical information service"(hereinafter called "This site") is managed and operated by Kobelco Construction Machinery Co.,Ltd.(hereinafter called"Kobelco").
Agreement will be set for the terms and conditions for the use of this site by members on or in relation to this site.
2.Change of agreement
Kobelco have the right to change agreement without consent of members provided that Kobelco notify its intention of changing agreement. The notification from Kobelco to members shall be issued by posting on this site, by e-mail or by other reasonable ways which Kobelco dicide. In this case, the changed agreement shall be effective on the date of change to be described in the concerned notice.
3.Member agreement
  1. Members mean the users of this site who applied for a member registration according to the procedure stipulated by Kobelco and whose application is accepted by Kobelco. Applicant who applied for a membership registration of this site shall be deemed to have agreed to agreement.
  2. Member should inform Kobelco of any change of the information registered.
4.Withdrawal
In the case that member desires to cancel its membership, such member shall nofify Kobelco of its intention by e-mail through the "Contact Us" function located on the Kobelco website.
5.Cancellation of membership registration
Kobelco shall have the right to cancel the membership registration without notification to members in any of the following cases.
  1. Any information registered is not accurate.
  2. Kobelco judge in its sole discretion that member will constitute a violation of any of the applicable laws or requlation in Japan.
  3. Member commits any breach of the terms and condition of item 12 agreement.
  4. Member commits any breach of any other agreement.
  5. Kobelco conclude in its sole discretion that member is inappropriate for any reason other than those described above.
6.Member fee
Member shall not be required to pay any fees to Kobelco for any member registration or any use of this service except for service provided with a notice of requirement of fee by Kobelco.
7.User ID and password
  1. Member shall be responsible for the use and administration of its user IDs provided by Kobelco.
  2. Member shall not assign, sell, buy or lend, otherwise dispose of its IDs, and shall not disclose its IDs or grant any right or license to use the IDs to the third party.
  3. Kobelco shall not be responsible for any failure in the use of IDs or any illegal use of IDs by any third party.
8.Facilities
Member shall bear all the costs to use this service including but not limited to , costs for setting up network facilities required for connecting to the internet, application and use fees to internet providers or network careers.
9.Change of service provided
Kobelco shall have the right to change the contents of, or suspend the provision of, whole or a part of service without consent of members, which includes the cases of temporary suspension of service.
10.Suspension of service
Kobelco shall have the right to suspend this service due to any following reason without any notification to member in advance.
  1. Periodical or urgent system maintenance
  2. Fire accident, power out, any act of God
  3. Necessary reason for operation of this service
11.Warranty
Kobelco make no representation or no warranty in connection with this site, either express or implied, including but not limited to, the quality, suitability, correctness, accuracy, effectiveness, safety, and non-infringement thereof.
12.Prohibition
Member is prohibited from committing the following act with regard to their usage of service.
  1. Acts which infringe or may infringe upon the rights of other member or third party.
  2. Acts which infringe or may infringe upon the property or privacy of other member, third party or Kobelco.
  3. Acts which damage or may damage the property of other member, third party or Kobelco.
  4. Acts which are illegal or have the potential of illegality.
  5. Acts which send or receive the information by the person who will pretend to be someone else.
  6. Acts of improper usage of an IDs code or password
  7. Acts which tempers with service
  8. Acts of using or supplying a computer virus or other harmful programm through Kobelco website
  9. Acts which obstruct the administration of service
  10. Acts which damage the reputation of this service
  11. Other acts which Kobelco deems inappropriate
13.Escape clause
  1. As for the disadvantages or damages arising out of the changes, suspension or abolishment mentioned in item 9, Kobelco shall not be responsible for any of such disadvantages or damages.
  2. Member shall indemnify and hold Kobelco harmless from any dispute between the member and other member or third party, which may arise from the use of this service. In the case of such dispute, member shall settle it with others at their own responsibility.
  3. Kobelco shall not be responsible for any disadvantages or damages of members or any third party due to the system problem or illegal access.
14.Compensation for damage
  1. In case that Kobelco sufferred any losses from member's violation of agreement, such member has an obligation to compensate damages.
  2. In case of member's violation of this agreement and it caused any damage of third party, such member has an obligation to compensate damages even if the third party claimed Kobelco for any cost.
15.Full jurisdicted court
Member shall agree to the exclusive jurisdiction of the Tokyo District Court in Tokyo, Japan for any claim or cause of action arising out of, or relating to or in connection with agreement.
16.Conformed law
Agreement shall be governed by and construed in accordance with the laws of Japan.

Created Oct. 2002
Effective from Nov. 2002

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