I. Ownership of Rights and Limitation of Use All contents on this Website or the Subsites and all copyrights, trademarks and any other intellectual property rights related to these contents are owned by Fujitsu Computer Products of America, Inc. (“FCPA”) or the owner of such contents. Except to the extent expressly permitted by applicable law, no contents on this Website or the Subsites may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission FCPA or the owner of the contents. Fujitsu Group reserves the right to add, delete, or modify these Terms or the contents of this Website or the Subsites at any time without notice.
II. Disclaimers of Warranties The contents on this Website or the Subsites are provided “AS IS” without warranties of any kind, either express or implied (including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement of third parties’ rights. FCPA does not warrant that the contents are error-free. FCPA will use reasonable efforts to place accurate and up-to-date information on this Website but makes no warranty of its accuracy, completeness and/or timeliness.
III. Disclaimer of Third Party Links Except for this Website and the Subsites, FCPA and its affiliates do not operate or maintain contents on websites that are directly or indirectly linked from this Website or the Subsites (the “Linked Sites”). Any reference to a Linked Site or to a specific third party’s product or service on the Website, the Subsites, or a Linked Site, is not a recommendation. FCPA disclaims liabilities for access to and use of Linked Sites.
IV. Limitation of Liability FCPA IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEBSITE, THE SUBSITES OR THE LINKED SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VI. Other Prohibited Uses FCPA IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEBSITE, THE SUBSITES OR THE LINKED SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IX. Applicable Laws The Website and the Subsites are controlled from offices within the United States of America. The materials on the Website and the Subsites may not be appropriate or available for use outside the United States of America. You are responsible for compliance with local laws. Access to them from jurisdictions where their content is illegal is prohibited. Any claim relating to this Website and Subsites, their use, and their content is governed by controlling Federal laws and the laws of the State of California without regard to choice of law rules.
X. Indemnity You shall defend, indemnify, and hold harmless FCPA and the affiliates that comprise the Fujitsu Group and their respective officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, and hold them harmless from and against any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your misuse of the Websites or Subsites, your violation of the Terms, or your violation of any rights of another.
XI. Arbitration You and we agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and FCPA, any affiliates of the Fujitsu Group, or any of their respective agents, employees, or directors arising in relation to this Agreement and the products and services purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator in Santa Clara County, California. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that we will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a statutory claim that allows for the prevailing party to receive an award of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party.
XII. Severability If any provision(s) of these Terms are held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
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