TERMS AND CONDITIONS OF USE

JANOME AMERICA, INC.
TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  Your use of our Website is expressly conditioned on your acceptance of the following terms and conditions.  By using our Website, you signify your assent to these terms and conditions.  If you do not agree with any part of the following terms and conditions, do not use our Website. 

Copyright © 2007-2011, Janome America, Inc.
ALL RIGHTS RESERVED.

This website (the "Website," or the "Site") is provided to you by Janome America, Inc. ("Janome”, "we" or "us").  To assist you in using our Website, and to ensure a clear understanding of the relationship arising from your use of our Site and the services we offer through our Site, we have created (i) these Terms and Conditions of Use (the "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site.  Our Terms and Privacy Policy apply to casual visitors to our Site ("Site Visitors”).

1.         Your Agreement.  These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on Janome, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, if you affirmatively provide us with information or register for services via our Website, you agree to be legally bound by these Terms.  You represent that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website.    Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

2.         Grant of Rights.  Provided you comply with these Terms, we grant you the right to access all areas of the Website for purposes of (i) learning more about our services and (ii) participating in our service offerings ("Permitted Purposes").  In addition, we grant you the right to print out a reasonable number of pages from our Website, and circulate to decision-makers a copy of these pages, provided that (a) you use these print-outs (and ensure your decision-makers use these print-outs) only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices, trademark or other proprietary notices as they appear on our Website.  Apart from your express right to use and print for Permitted Purposes, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Site. 

You are prohibited from posting to or transmitting from our Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  A link from our Website to another website (or a link from another website to our Website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.  You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized officer of Janome.  Such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to our Site.

3. Janome Ownership; Reservation of Rights. All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our online services, including all associated intellectual property rights, are protected by copyright and other intellectual property laws or are used under the principles of fair use, and are the property of Janome and its licensors. Janome retains all rights with respect to the Website except those expressly granted to you in Section 2, above.

4. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third-party websites (collectively "Linked Sites"). Janome has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Janome does not endorse the content of any Linked Site, nor does Janome warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.

5. Code of Conduct. As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below.  Under this Code, you will not:

Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Website.
Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. 
Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

6. Revocation or Suspension of Use Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the Website in our sole discretion.

7. Submitted Content.  "Submitted Content" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that this Website permits you to submit to Janome.  Submissions will not be confidential and will become the property of Janome upon receipt by Janome.  By providing any Submissions, you agree to assign to Janome, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions.  You represent and warrant that any Submission you provide to Janome will be complete and accurate.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not Janome, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Except as expressly stated and agreed upon in advance by Janome, no confidential relationship will be established if any user of this Website should make any oral, written or electronic communication to Janome (such as feedback, questions, comments, suggestions, ideas, etc.).  If any Janome Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Janome will obtain, use and maintain that information in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and Janome will be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. 

8. Warranty Disclaimer. Janome does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. Janome does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. JANOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL JANOME BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THIS SITE, THE SERVICES, OR THE CONTENT.  IN NO EVENT SHALL JANOME’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE JANOME SITE OR ANY SERVICES YOU RECEIVE FROM THE SITE ("SITE SERVICES") EXCEED THE GREATER OF: (I) $250.00 OR (II) THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO JANOME FOR SUCH SITE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnity. You will defend, indemnify, and hold Janome and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

11. Additional Terms for Certain Services or Sites. We may offer certain Janome Websites or services that are subject to additional or different terms and conditions.  We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.

12. Product and Service Availability.  Reference to any product or service on this Website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available.  Janome manages all or portions of the website from New Jersey, in the United States of America.  We cannot guarantee that a product will actually be available at a particular dealer, as inventory can change significantly from day to day.  Janome attempts to display the colors of our products as accurately as possible.  Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.  PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available.  If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price

13. Modifications to these Terms. If we modify these Terms, any such modifications will take effect immediately and you are subject to the version of these Terms that are available on this Site whenever you visit the Website.  Please feel free to print out a copy of these Terms for your records.

14. Assignment. These Terms of Service will not be assignable by you, either in whole or in part. Janome reserves the right to assign its rights and obligations under these Terms.

15. General. These Terms will be governed in all respects by the laws of the State of New Jersey without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of New Jersey, in the judicial district that includes Mahwah.  The parties further agree that any cause of action arising under these Terms will exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Janome’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between Janome and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

16. Survival. The following provisions will survive the termination of these Terms and will apply indefinitely:

Section 3 (Janome  Ownership; Reservation of Rights)
Section 7 (Submitted Content) (with respect to Use Rights)
Section 8 (Warranty Disclaimer)  
Section 9 (Limitation of Liability)
Section 10 (Indemnity)
Section 14 (Assignment)
Section 15 (General)
Section 16 (Survival)

17. Employment Opportunities Janome may, from time to time, post Janome employment opportunities on the Janome Site and/or invite users to submit resumés to the Janome Site.  If you choose to submit your name, contact information, resume and/or other personal information to Janome in response to employment listings, you are authorizing Janome to utilize this information for all lawful and legitimate hiring and employment purposes.  Janome also may, in its sole discretion, forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes.  Nothing in these Terms of Use or contained in the Janome Site shall constitute a promise by Janome to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Janome Site constitute a promise that Janome will review any or all of the information submitted to it by users, or that the job posted will still exist at the time your resume is received or reviewed.

18. Copyright Act Agent.  Janome respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent
Janome America, Inc.
10 Industrial Ave.
Mahwah, NJ 07430

Contact Us. You may contact us for any reason at the following addresses:

Janome America, Inc.
10 Industrial Ave.
Mahwah, NJ 07430