Contact Us

Terms of Use

TERMS AND CONDITIONS OF USE

Welcome to the Pacific Industrial Company LTD's web site (the "Site"). These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Pacific Industrial Company, Ltd. or its affiliates ("Pacific") for other products or services. Pacific reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of these terms and of any such changes or modifications.
By accessing, browsing, and using this Site, you agree to be bound by the terms and conditions described below and all policies and guidelines incorporated by reference. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, do not access, browse or otherwise use this site.
This Site is linked to other web sites that may be operated by Pacific or its affiliates ("Pacific Industrial Sites"). In addition to these Site Terms, use of each Pacific Industrial Site shall also be subject to the terms and conditions particular to such Pacific Industrial Site. In the event that any of the terms, conditions, and notices contained in this document conflict with the terms and conditions particular to such Pacific Industrial Site, then the terms and conditions particular to such Pacific Industrial Site shall prevail and govern such Pacific Industrial Site.
If you have any questions regarding the use of this Site or its contents, they should be directed to Pacific via the addresses, telephone numbers or e-mail addresses listed on the Site.

Other Policies or Terms

Pacific believes strongly in protecting user privacy. Therefore, Pacific has adopted a Privacy Policy. You should refer to our Privacy Policy to fully understand how Pacific uses and collects information, security features of the site, and the handling of confidential information.

Licenses and Site Access

Subject to the terms outlined below, Pacific grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) making derivative uses of the Site or its contents; or (c) use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Pacific or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or other element from the Site may be copied, reproduced, redistributed or retransmitted unless expressly permitted.
You may not use, frame or utilize framing techniques to enclose any Pacific trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Pacific's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Pacific name, trademark, or product name without Pacific's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. Failure to immediate pursue legal action following a violation of the Site Terms is not a waiver of Pacific's right to pursue such legal action in the future in accordance with applicable law.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the Pacific logo, design, text, graphics, pictures, sound files and other files (the "Materials") and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright (c) 2000 Pacific Industrial Company, Ltd. and/or its affiliates or suppliers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pacific (or its affiliates, where applicable) or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Pacific or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Each and every software that is made available from this Site ("Software") is the copyrighted work of the respective owners and is protected by copyright laws and other applicable laws of each country throughout the world, and applicable treaty provisions. Use of the Software is subject to the terms and conditions of each end-user license agreement between the owner of such Software and end-user thereof.

U.S. Government Restricted Rights

This Site and its Materials are provided with RESTRICTED RIGHTS. Use of the Materials by the U.S. Government constitutes acknowledgment of Pacific's rights therein.

Trademarks

Pacific Industrial Company, the Pacific logo, and the products and services described in this Site are either trademarks or registered trademarks of Pacific and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pacific or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Pacific, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pacific. All other trademarks, registered trademarks, product names and Pacific names or logos mentioned herein are the property of their respective owners.

Linking

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Pacific or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Pacific logo or other proprietary graphic or trademark of Pacific to link to this Site without the express written permission of Pacific. This limited right may be revoked at any time.
Pacific makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Pacific and Pacific is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Pacific is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Pacific of the site or any information contained therein. When leaving the Pacific, you should be aware that Pacific's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Submissions

Except for the content of any software or other product or service offered through this site, which may be covered by specific provisions, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Pacific, or postings to open forums on this Site, are non-confidential and shall become the sole property of Pacific. Pacific shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Pacific, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Forums & Interactive Areas Acceptable Conduct

This Web site may include discussion forums or other interactive areas, including chat rooms or bulletin boards. Forums and interactive areas shall be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
* Upload to, distribute or otherwise transmit to or through this Web site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable as determined by Pacific;
* Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
* Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
* Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam";
* Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* Upload, post, email or otherwise transmit any material that is corrupted that may damage the use of Pacific's or other's computers or data;
* Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or collect or store any personal information about other users of the Site; and
* Without Pacific's written permission, distribute, publish or otherwise transmit unsolicited promotions, advertising or solicitations for funds, goods or services, including "junk mail" and "spam".
Pacific takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, viruses, or profanity you may encounter. As a provider of interactive services, Pacific is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.

Enforcement

Pacific has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Pacific may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Pacific reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Pacific also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with governmental requests, to protect Pacific's systems and customers, or to ensure the integrity and operation of Pacific's business and systems, Pacific may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Pacific's right to disclose any such non-confidential or non-privileged information shall govern over any terms of Pacific's Privacy Policy.

Your Indemnification

You shall remain solely liable for the Content of any messages or other information you upload or transmit to Pacific, including the discussion forums or interactive areas of this Web site. You agree to indemnify and hold harmless Pacific from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

S.E.C. Disclosure

This Site together with any documents issued by Pacific and available through this Site may contain statements that constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements may appear in a number of places in this Site together with any documents issued by Pacific and available through this Site and can be identified by the use of forward-looking terminology such as "believe," "expect," "plans," "may," "will," "should," "anticipates" or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to future operation costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties and other factors which may cause the actual results, performance or achievements to be materially different from those expressed or implied. The information contained in Pacific's most recent Annual Reports to Shareholders, as well as other information included in other Pacific filings with the Securities and Exchange Commission, if any, identifies important factors that could cause such results, performance or achievements not to be realized. Pacific undertakes no obligation to update forward-looking statements to reflect events or circumstances after the date such statements were made.
The information contained within press releases issued by Pacific should not be deemed accurate or current except as of the date the release was posted. Pacific has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Pacific may provide links to third-party Web sites or services that contain financial or investment information about Pacific. Access to such sites and the information contained therein is provided as service to those interested in the information. Pacific neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Pacific does not endorse or adopt these sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Pacific makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web-sites or other third party information that is identified on the site. Users visit these sites and use the information contained therein at their own risk. Those interested in investing in Pacific should consult any materials filed with the SEC.

Disclaimer

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" and "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Pacific DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Pacific DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Pacific DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Pacific reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pacific.

Limitation of Liability

IN NO EVENT SHALL Pacific BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of Japan applicable to agreements made and entirely to be performed within Japan, without resort to any conflict of law provisions. You agree that any action at law or in equity under any legal theory whatever arising out of or in any way relating to these terms and conditions or use of Pacific's Web Site shall be filed only in the Gifu District Court in Gifu, Japan.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and applicable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Japan, or the country in which you reside.

Export Controls

Software available on the Pacific Site may be subject to certain export controls. You agree not to export any software obtained through or from Pacific to any country, to which its export is prohibited, whether by the United States, Japan, or the country in which you reside.

Termination

Notwithstanding any of these terms and conditions, Pacific reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. Pacific reserves the right to suspend, discontinue, or interrupt access to this Site at any time, for any reason or no reason, without notice.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

This Site Agreement and Privacy Policy constitute the entire agreement between you and Pacific regarding use of this Site and the terms and conditions govern your use of the Site, superceding any prior agreements between you and Pacific on this subject.