(View in French)
TERMS OF USE
Please review these Terms of Use for the website of Komatsu Financial Limited Partnership (“Komatsu Financial”). These terms and conditions govern all access and use of our website (the “Site”). Entering into this Site indicates that you have reviewed the Komatsu Financial Terms of Use and have agreed to be bound by them.
1. PAYMENT SERVICES
You authorize us to remove funds from your account for all payments that you initiate and you agree to have sufficient available funds on the payment date for each such payment you schedule. If there are insufficient available funds to cover a payment, we will not retry the payment and it will be rejected.
Only business days may be chosen as payment dates and instructions must be received by Komatsu Financial by the designated cutoff time to receive credit on that applicable business day; instructions received on any non-business day or after the cutoff time on any business day will be processed on the next business day. Payments to Komatsu Financial accounts made before the cutoff time on any business day will generally be applied with the date the payment is submitted; payments made after the cutoff time will be applied with the next business day''''s date. Updates to the outstanding balances of the Komatsu Financial account will be made by the business day following the payment date. Instructions for payments to a Komatsu Financial account may generally be cancelled until the cutoff time on the payment date.
2. DISCLAIMER
All information provided on the Site are subject to change without notice, including the availability of products and services. While efforts have been made to make the Site helpful and accurate, due to the open nature of websites, and the potential for errors in the storage and transmission of digital information, Komatsu Financial does not warrant the accuracy of information obtained from the Site. ALL MATERIALS POSTED ON THIS SITE, INCLUDING SOFTWARE AVAILABLE FOR DOWNLOAD, ARE PRESENTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KOMATSU FINANCIAL DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KOMATSU FINANCIAL DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
3. ACCESS AND USE OF INFORMATION
Access to the Site is limited to viewing the linked Web pages solely to access the information provided by Komatsu Financial at the Site. Any access or attempt to access other areas of the Komatsu Financial computer system or other information contained on the system for any purposes is strictly prohibited. Neither the Site nor any portion thereof may be duplicated, copied, reproduced, or otherwise exploited for any commercial purpose that is not expressly permitted in writing by Komatsu Financial.
4. ELECTRONIC COMMUNICATIONS
When you use this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. COPYRIGHT
Copyright 2014 Komatsu America Corp. and/or its distributors/suppliers. All Rights Reserved. Komatsu Financial and/or its distributors/suppliers retain ownership of all right, title and interest in all copyrights in all documents, text, images, and software owned by Komatsu America Corp. and/or its distributors/suppliers.
6. TRADEMARKS
The Site contains many Komatsu and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in the Site, including copyright, trademarks, trade secret and patent rights, are reserved. Access to the Site does not constitute a right to copy or use any of the intellectual property of Komatsu Financial, its affiliates or their distributors/suppliers.
7. LICENSE AND ACCESS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, Komatsu Financial or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access to use the Site and the services provided through the Site in accordance with these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved and retained by Komatsu Financial or its licensors or suppliers. You may not misuse use the Site and the services provided through the Site, and only use the use the Site and the services provided through the Site as permitted by law. The licenses granted by Komatsu Financial terminate if you do not comply with these Terms of Use.
8. YOUR ACCOUNT
If you use any service provided on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Komatsu Financial reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. HYPERTEXT LINKS
Any links to third parties are solely provided as a convenience to the users of the Site. Komatsu Financial does not endorse, recommend, approve or make any warranty or representation, express or implied, as to such third party sites or their contents and shall have no liability in connection with such sites. If you use any link 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.
10. COMMUNICATIONS WITH KOMATSU
You may send to Komatsu Financial comments, questions, suggestions or ideas relating to the Site. If you do, you agree that such information sent to Komatsu Financial is not given in confidence, that Komatsu Financial is not obligated to keep such information secret and that Komatsu Financial is not obligated to respond. Komatsu Financial shall be free to use the information you send to Komatsu Financial in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. Komatsu Financial may also reproduce, disclose and distribute the information in your communication to others without limitation. All remarks, suggestions, ideas, or other information communicated to Komatsu Financial through the site will be the sole and exclusive property of Komatsu Financial and Komatsu Financial shall not be obligated to compensate in any form, the person sending such information.
11. INFORMATION COLLECTION AND PRIVACY
Our Website Privacy Statement provides information on our data collection and processing practices on the Site. We may update our Website Privacy Statement as described therein. It is separate and independent of these Terms of Use and, for the avoidance of doubt, not subject to the disclaimers and limitations contained herein.
12. CHILDREN
Komatsu Financial encourages parents or guardians to participate with their children in online activities on certain sites of our affiliates that are designed for children. No information should be submitted to or posted at the Site by children without consent of their parent or guardian.
Although we may allow children to participate in some contests and promotions, if such a child wins, notification and prizes are sent to the parent or guardian identified in the initial registration process. Publication of names, ages, or images of contests winners requires parental or guardian permission.
13. UPDATES TO TERMS
Komatsu Financial reserves the right to modify or amend these Terms of Use (and any associated policies, including but not limited to the Website Privacy Statement) at any time, and from time to time. Any changes to the policy will be posted on the Site.
14. GOVERNING LAW; LIMITATIONS
This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of this Site shall be deemed acceptance of the laws of the State of Illinois, United States of America. Any legal action with respect to any transaction must be commenced within one (1) year after the cause of action has arisen. The laws of the State of Illinois, and not the United Nations Convention on Contracts for the International Sales of Goods, shall apply.
15. LIMITATION OF LIABILITY
In no event shall Komatsu Financial or any of its affiliates, or the officers, directors, employees, shareholders or agents of any of them, be liable for any damages of any kind, including without limitation, any direct, special, incidental, indirect, exemplary, punitive or consequential damages whether or not advised of the possibility of such damages, and on any theory of liability whatsoever arising out of or in connection with the use or performance of, or your browsing in, or your links to, the Site.
16. LICENSE LIMITATION
The transmission of the material on the Site shall not be construed to grant a license of any type under any patents, copyrights, trademarks or other intellectual property owned or controlled by Komatsu Financial.
17. QUESTIONS REGARDING TERMS OF ACCESS
Questions regarding these Terms of Use should be directed to komatsuamerica.com in accordance with the “Contact Us” section of Komatsu America Corp.’s website, or Customer Service, Komatsu America Corp, 8770 W Bryn Mawr, Chicago, IL 60631.
18. CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010
Beginning January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657) requires manufacturers and retailers to disclose information regarding slavery and human trafficking in their supply chains. Komatsu Financial is committed to ensuring that our supply chain reflects Komatsu Financial’s values, which are set forth in the code of conduct (the “Code”) of Komatsu America Corp., Komatsu Financial’s immediate corporate parent, as well the CSR Procurement Guidelines (the “Guidelines”) of Komatsu Ltd., Komatsu Financial’s ultimate corporate parent. The Code and the Guidelines require that Komatsu Financial and its affiliates abide by all rules and regulations applicable to our collective activities throughout the world – which would include applicable laws prohibiting slavery and human trafficking. This requirement applies to all Komatsu Financial affiliates that supply Komatsu Financial. The Code is provided to Komatsu Financial employees when they join the company and is part of personnel training. Consistent with these standards, Komatsu Financial expects that our suppliers and affiliates will obey all laws that are applicable to them, including laws prohibiting slavery and human trafficking. Although Komatsu Financial has not presently established separate audits or training specifically focused on slavery and human trafficking, Komatsu America Corp. has standard supplier terms that it typically uses with its and Komatsu Financial’s suppliers that require that such suppliers comply with all of the applicable laws of the U.S. and Canada, which include all laws prohibiting slavery and human trafficking.
19. COPYRIGHT COMPLAINTS
If you believe that any of your work appears on the Site in a way that constitutes copyright infringement, please submit your complaint in accordance with the “Contact Us” section of Komatsu America Corp.’s website, or contact the Legal Department, Komatsu America Corp, 8770 W. Bryn Mawr Ave., Chicago, IL 60631.
Please provide the following information with your complaint: (a) a physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you believe has been infringed upon; (c) a description of where the allegedly infringing material is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized or permitted by applicable law; and (f) 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 the copyright owner''''s behalf.