Term of Use Statement
Although EXCELERUS has attempted to provide accurate information on The MWS Web Site, EXCELERUS assumes no responsibility for the accuracy of the information. EXCELERUS may change the programs or products mentioned at any time without notice. Mention of non-EXCELERUS products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON The MWS Web Site IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EXCELERUS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCELERUS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE The MWS Web Site OR ANY EXCELERUS PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF EXCELERUS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Use
All materials on The MWS Web Site are protected by Hong Kong copyright laws, and other applicable laws and treaty provisions of countries throughout the world. Except for personal or non-commercial internal use, copying, modifying, reproducing in whole or part, uploading, transmitting, distributing, licensing, selling and publishing any of the materials is prohibited without obtaining prior written permission from EXCELERUS.
EXCELERUS may change and / or alter the contents of The MWS Web Site, or may suspend or discontinue the services provided through The MWS Web Site at any time without any prior notice. NEITHER EXCELERUS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY ALTERATION OR CHANGE OF THE CONTENTS OR INABILITY TO USE The MWS Web Site.
Software License Agreement
All software that is made available on The MWS Web Site is the copyrighted work of the respective owner(s) and is protected by copyright laws and other applicable laws and treaty provisions for each country throughout the world. Use of this software is subject to the terms and conditions of each end-user license agreement between the owner of such software and end-user thereof, copyright laws and other applicable laws and treaty provisions for each country throughout the world.
Any software which you download from The MWS Web Site is governed in accordance with
(i) the license terms accompanying the file or
(ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or
(iii) the license terms pursuant to this Software License Agreement.
Please refrain from using The MWS Web Site for any of the following acts:
- Infringing the legal rights (including the rights of privacy and publicity) of EXCELERUS and/or others
- Causing any damages or disadvantage to EXCELERUS and/or others
- Disturbing public order
- Criminal act
- Uploading false information including, but not limited to, other’s IP address and password
- Using The MWS Web Site for any commercial purpose
- Defaming, disgracing or libeling EXCELERUS and/or others
- Uploading files that contain viruses corrupted files that may cause damages to the operation
- Any other activities that are unlawful or prohibited by any applicable laws
- Any other activities that EXCELERUS deems inappropriate
Third Party Web Sites, Content, Products and Services
The MWS Web Site provides links to Web Sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of The MWS Web Site. You expressly agree that EXCELERUS is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them
YOU AGREE THAT EXCELERUS IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT ACCESSIBLE THROUGH The MWS Web Site, INCLUDING OPINIONS, ADVISE, STATEMENTS AND ADVERTISEMENTS, AND UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF SUCH CONTENT
If you choose to purchase any products or services from a third party, your relationship is directly with the third party. YOU AGREE THAT EXCELERUS IS NOT RESPONSIBLE FOR:
(a) THE QUALITY OF THIRD PARTY PRODUCTS OR SERVICES; and
(b) FULFILLING ANY OF THE TERMS OF YOUR AGREEMENT WITH THE SELLER, INCLUDING DELIVERY OF PRODUCTS OR SERVICES AND WARRANTY OBLIGATIONS RELATED TO PURCHASED PRODUCTS OR SERVICES.
YOU AGREE THAT EXCELERUS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT THAT YOU MAY INCUR FROM DEALING WITH A THIRD PARTY.
Link to Third Party Sites
Nothing contained in The MWS Web Site shall be interpreted as a recommendation and/or endorsement by EXCELERUS of the contents of the Linked Sites and any products and/or services appearing on and / or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and EXCELERUS.
EXCELERUS’s prior permission is not required to link a third party’s web site to The MWS Web Site. This includes documents, images and other materials used, quoted and/or referenced within The MWS Web Site. If a link is set up, please notify the administrator of The MWS Web Site (www-admin@EXCELERUS.co.jp) of the URL and The MWS Web Site administrator’s e-mail address. Please note that all information, including URL, documents, images and other materials available on The MWS Web Site will continually be revised without prior notice.
When copying or quoting The MWS Web Site, please contact the administrator of The MWS Web Site (www-admin@EXCELERUS.co.jp) in advance. EXCELERUS reserves the right at its sole and exclusive discretion to refuse your offer of copying or quotation.
Company names and any other product names, service names or logos used, quoted and/or referenced within The MWS Web Site are trade names, trademarks or registered trademarks of the original author, or other rights holders.
Proposal and Offer
EXCELERUS does not want to receive confidential or proprietary information from you through The MWS Web Site. Please note that any information or material sent to EXCELERUS will be deemed NOT to be confidential. EXCELERUS shall not be obligated to examine, evaluate, and adopt such information or material.
By sending EXCELERUS any information or material, you grant EXCELERUS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those information or material, and you also agree that EXCELERUS is free to use any ideas, concepts, know-how or techniques that you send EXCELERUS for any purpose. Therefore, EXCELERUS shall not be responsible for any loss, expense or damage including, but not limited to, payment of compensation, in connection with the EXCELERUS’s adoption of the information or material identical or similar to the information or material that you send EXCELERUS.
EXCELERUS will not release your name or otherwise publicize the fact that you submitted materials or other information to EXCELERUS unless:
(a) EXCELERUS obtains your permission to use your name.
(b) EXCELERUS first notifies you that the materials or other information you submit to a particular part of EXCELERUS Site will be published or otherwise used with your name on it.
(c) EXCELERUS is required to do so by law.
Disclaimers of Warranties
EXCELERUS AND/OR ANY OF ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND/OR SAFETY OF THE CONTENTS OF THE EXCELERUS WEB SITE, AND ANY REPRESENTATIONS AND WARRANTIES RELATING THERETO ARE EXPRESSLY DISCLAIMED. EXCELERUS AND/OR ANY OF ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGE ARISING OUT OF YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE EXCELERUS WEB SITE.
EXCELERUS CONTROLS THIS SITE FROM ITS OFFICES WITHIN HONG KONG. EXCELERUS MAKES NO REPRESENTATION THAT MATERIALS IN THE MWS WEB SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, WHERE THEIR CONTENT IS ILLEGAL OR PROHIBITED. Those who choose to access The MWS Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to the Materials shall be governed by the internal substantive laws of Hong Kong.