MATSUI AMERICA, INC.



TERMS AND CONDITIONS OF WEBSITE USE

Updated on Jun. 19, 2006



I. ACKNOWLEDGMENT AND ACCEPTANCE


Browsing and use of Matsui America (“Matsui”)’s website are governed by the terms and conditions of website use provided below (“Terms and Conditions”). By accessing this website, you agree to be bound by these Terms and Conditions. Please review these Terms and Conditions carefully.



II. INTELLECTUAL PROPERTY RIGHTS


All contents, text, images, data, information and other material (“Content”) displayed, available or present on this website, including any trademarks or copyrights, are the property of Matsui or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Matsui and its related companies, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this website.



III. LIMITED LICENSE; AUTHORIZED AND PROHIBITED USES


(a) Matsui grants you a limited, revocable, royalty-free, non-exclusive and non-transferable license to access and make personal use of this website in order to browse information concerning our company and its products as well as to purchase on-line certain products sold by Matsui. You may not download (other than page caching) or modify this website, or any portion hereof. Moreover, this limited license does not include any resale or commercial use (other than the on-line purchasing of products sold by Matsui as expressly provided herein) of this website or its Content, any collection and use of any product listings, descriptions or prices, any derivative use of this website or its Content, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. Such activities are expressly prohibited. Except as expressly set forth herein, neither this website, nor any portion hereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Matsui and/or its affiliates without the prior written consent of Matsui. You may not use any meta tags or any other "hidden text" utilizing Matsui's name or trademarks without the prior written consent of Matsui.


(b) In addition to the foregoing, you are granted a limited, revocable, royalty-free, non-exclusive and non-transferable license to create a hypertext link to the home page, and to no other page, of this Matsui website so long as such link does not portray Matsui, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Matsui trademark, logo or other proprietary graphic material as part of such link without the prior written consent of Matsui.


(c) As a condition of the limited license granted hereunder, you agree to comply with all applicable laws in connection with your use of this website.


(d) As a condition of the limited license granted hereunder, you acknowledge and agree that Matsui may, in its sole discretion, modify, edit, translate, suspend or restrict access to, or terminate this website, these Terms and Conditions, the Content or any link at any time without liability or prior notice. In addition, Matsui may, in its sole discretion, suspend or terminate your browsing and use of this website at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions.





IV. LIMITATION OF LIABILITY AND DISCLAIMERS


THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ANY PRODUCTS OF MATSUI AND/OR ITS AFFILIATED COMPANIES PURCHASED THROUGH THIS WEBSITE ARE SUBJECT TO THE STANDARD WARRANTY OF MATSUI AND ITS AFFILIATED COMPANIES AND THE TERMS AND CONDITIONS OF SALE [HYPERTEXT LINK] (CLICK TO VIEW) CONTAINED HEREIN. MATSUI AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING, WITHOUT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. MATSUI AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT OR ITS LINKS.



V. INDEMNIFICATION


You will defend, indemnify and hold harmless Matsui and its related companies, affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this website, on-line conduct, breach of these Terms and Conditions or dealings or transactions with other persons resulting from your use of this website.



VI. PRIVACY


In addition to these Terms and Conditions and the Terms and Conditions of Sale [hypertext link] (click to view), your use of this website is governed by the Matsui Privacy Policy [hypertext link] (click to view) contained herein, which explains the data collection, security and other features and policies applicable to this website. Please carefully review such document prior to using this website. Moreover, while Matsui employs certain standard security measures to ensure the security of e-commerce transactions through this website, it is your responsibility to maintain the confidentiality of your credit card number and other personal and confidential information and for restricting access to your computer. You agree to accept responsibility for all activities that occur as a result of your disclosure of your credit card number or other information as well as your inability to restrict access to your computer or personal and/or confidential information.




VII. APPLICABLE LAW AND FORUM


This website, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law principles. The state and federal courts located in Chicago, Illinois shall have jurisdiction to adjudicate any dispute arising in connection with this website or these Terms and Conditions. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Chicago, Illinois .



VIII. MISCELLANEOUS


(a) You represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of any entity that you represent.


(b) This Matsui website is designed for use by adults, not children, and by using this website to purchase any products, you represent that you are 18 years of age or older.


(c) These Terms and Conditions, along with the Privacy Policy [hypertext link] (click to view) and Terms and Conditions of Sale [hypertext link] (click to view), constitute the entire agreement between the parties with respect to the subject matters hereof and supersede any and all prior agreements or communications.


(d) These Terms and Conditions may only be modified by Matsui, in its sole discretion.


(e) If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect.


(f) Your obligations pursuant to these Terms and Conditions shall survive termination of this website, any use by you of this website and any Content, or these Terms and Conditions.




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Matsui America, Inc.

PRIVACY POLICY

Last updated on Jun. 19, 2006



I. INTRODUCTION/ NOTICE AND ACCEPTANCE OF TERMS OF PRIVACY POLICY


Your use of Matsui America (“Matsui”)’s website constitutes your acceptance of the following terms of our website Privacy Policy, as amended or revised by us. You should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

This Privacy Policy describes the information that we collect through our website www.matsuiamerica.com and how we use that information. If you have any questions or comments about this Privacy Policy or how your personal information may be used or affected by your use of our website, please contact us at: info@matsuiamerica.com.




II. THE INFORMATION THAT WE COLLECT


The information we learn from our customers helps us personalize and continually improve your experience at www.matsuiamerica.com. Here are the types of information we gather.


2.1 Information You Give Us. We receive and store any information you enter (such as your name, address, other contact information, order, return, exchange, among other things) on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.


2.2 Automatic Information. We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses www.matsuiamerica.com. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at www.matsuiamerica.com if we cannot recognize you, we want you to be aware that these tools exist.


2.3 E-mail Communications. To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Matsui if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences or e-mail us at info@matsuamerica.com.


2.4 Information from Other Sources. We might receive information about you from other sources and add it to our account information.

If you decide at any time that you wish to remove your information with us, please refer to the paragraph below headed 'Opt Out'.

In addition, and as is typical of websites generally, incidental to your use of this website, our web server may automatically log certain information such as the name of your internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our website, the website address, if any, from which you linked directly to our website, the website address, if any, to which you travel from our website, and other similar traffic-related information. We may also aggregate information relating to your and other visitors' traffic patterns. We use the foregoing information to help us improve our website and the services that we provide through the website.

Generally, we will not disclose information we collect through your use of our website to third parties. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain website-related services (e.g., web hosting or maintenance services) on our behalf. We also reserve the right to disclose such information to any third party if we believe that we are required to do so for any or all of the following reasons: (i) by law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect or prosecute criminal offences or attacks on the technical integrity of the web site or our network; and/or (iv) to protect the rights, property, or safety of Matsui, the users of the website, or the public.



III. Use of Cookie


Please confirm whether or not the website uses cookies on the web site to collect information on or from your users.]



IV. Online order


If you use a credit or debit card for your purchase, we will collect your card information and keep a history of it. We use this information to process your orders, to ensure proper delivery, and to better serve you. If you would like us to remove your information with us, please refer to the paragraph headed ‘Opt Out’.



V. SECURITY


In an effort to make your visit both efficient and safe, all transfers of credit card and personal information via this site meet Matsui’s rigorous Internet security standards.



VI. Our Commitment to Security


We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect.



VII. OPT OUT

If you no longer wish to receive materials from us or want your personal information removed from Matsui’s database, please contact us at: info@matsuiamerica.com. Alternatively, when you receive materials from us by e-mail or other communications, you can make use of the "opt out" provision in such communications so that we know that you no longer wish to receive such materials from us.



VIII. REVISIONS TO PRIVACY POLICY


The Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use. Matsui therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised by referring to the "Last Updated" date at the top of this page, or if you send us an e-mail at: info@matsuiamerica.com.



IX. LINKS TO OTHER SITES


This website may contain links to other sites. Please be aware that we are not and cannot be responsible for the privacy practices of such other sites and that this Privacy Policy applies solely to the information which we collect through this website. We encourage you to ensure that you read the privacy statements of all the destination sites which you visit.



X. How to Contact US


If you have any questions or concerns about the Matsui’s Privacy Notice or its implementation, please contact us via e-mail at: info@matsuiamerica.com.

Copyright © [2006] Matsui America, Inc.

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