Please review the Legal Notice / Access Terms for Komatsu America Corp. and its subsidiaries ("Komatsu") Web site. These terms and conditions govern all access and use of our Web sites. Entering into this or any other Komatsu Web site indicates that you have reviewed the Komatsu Web Site Legal Notice / Access Terms and have agreed to be bound by them.
All information provided on Komatsu Web sites are subject to change without notice, including the availability of products and services. While efforts have been made to make Komatsu Web sites helpful and accurate, due to the open nature of sites, and the potential for errors in the storage and transmission of digital information, Komatsu does not warrant the accuracy of information obtained from any Komatsu Web site. ALL MATERIALS POSTED ON THIS SITE, INCLUDING SOFTWARE AVAILABLE FOR DOWNLOAD, ARE PRESENTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KOMATSU DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KOMATSU DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ACCESS AND USE OF INFORMATION
Access to any Komatsu Web site is limited to viewing the linked Web pages solely to access the information provided by Komatsu at its Web sites. Any access or attempt to access other areas of the Komatsu computer system or other information contained on the system for any purposes is strictly prohibited. No Komatsu Web site or any portion thereof may be duplicated, copied, reproduced, or otherwise exploited for any commercial purpose that is not expressly permitted in writing by Komatsu.
Komatsu and/or its distributors/suppliers. All Rights Reserved. Komatsu and/or its distributors/suppliers retain ownership of all right, title and interest in all copyrights in all documents, text, images, and software owned by Komatsu and/or its distributors/suppliers.
The Komatsu Web sites contain many Komatsu and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in these Web sites, including copyright, trademarks, trade secret and patent rights, are reserved. Access to these Web sites does not constitute a right to copy or use any of the intellectual property of Komatsu or its distributors/suppliers.
Any links to third parties are solely provided as a convenience to the users of Komatsu Web sites. Komatsu makes no warranty or representation, express or implied, as to such third party sites and shall have no liability connection with the use of such sites. If you use any link site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
COMMUNICATIONS WITH KOMATSU
You may send to Komatsu comments, questions, suggestions or ideas relating to any Komatsu Web site. If you do, you agree that such information sent to Komatsu is not given in confidence, that Komatsu is not obligated to keep such information secret and that Komatsu is not obligated to respond. Komatsu shall be free to use the information you send to Komatsu in any manner, including but not limited to developing, manufacturing, and marketing products based on such information. Komatsu may also reproduce, disclose and distribute the information in your communication to others without limitation. All remarks, suggestions, ideas, or other information communicated to Komatsu through the site will be the sole and exclusive property of Komatsu and Komatsu shall not be obligated to compensate in any form, the person sending such information.
INFORMATION COLLECTION AND PRIVACY
Our Website Privacy Statement provides information on our data collection and processing practices on certain websites described therein. We may update our Website Privacy Statement as described therein. It is separate and independent of these Legal Notice / Access Terms and, for the avoidance of doubt, not subject to the disclaimers and limitations contained herein.
Komatsu encourages parents or guardians to participate with their children in online activities on certain of our sites that are designed for children. No information should be submitted to or posted at any Komatsu site by children without consent of their parent or guardian.
Although we may allow children to participate in some contests and promotions, if such a child wins, notification and prizes are sent to the parent or guardian identified in the initial registration process. Publication of names, ages, or images of contests winners requires parental or guardian permission.
ACCESS TO PROPRIETARY INFORMATION
Certain Komatsu web sites provide confidential or proprietary information to our distributor or supplier partners to enhance our operations as a team serving the customer. Access to seek this information requires user agreement to our dealer or supplier contract terms and the signing of a formal confidentiality agreement. Distributors and suppliers also must agree to comply with our web site security controls associated with the specific web sites to which they may be granted access.
Prospective distributors and suppliers may contact Komatsu to inquire about such opportunities and our confidentiality requirements by writing us at:
Komatsu America Corp.
One Continental Towers
1701 W. Golf Road
Rolling Meadows, IL. 60008
Attn: Distributor Development / Corporate Purchasing
Or by accessing of our prospective supplier web site: www.komatsusupplier.com.
UPDATES TO TERMS
Komatsu reserves the right to modify or amend its Legal Notice / Access Terms at any time, and from time to time. Any changes to the policy will be posted on the Site.
GOVERNING LAW; LIMITATIONS
This site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of this site shall be deemed acceptance of the laws of the State of Illinois, United States of America. Any legal action with respect to any transaction must be commenced within one (1) year after the cause of action has arisen. The laws of the State of Illinois, and not the United Nations Convention on Contracts for the International Sales of Goods, shall apply.
LIMITATION OF LIABILITY
In no event shall Komatsu or any of its affiliates, or the officers, directors, employees, shareholders or agents of any of them, be liable for any damages of any kind, including without limitation, any direct, special, incidental, indirect, exemplary, punitive or consequential damages whether or not advised of the possibility of such damages, and on any theory of liability whatsoever arising out of or in connection with the use or performance of, or your browsing in, or your links to, the sites from the Komatsu sites.
The transmission of the Web site material shall not be construed to grant a license of any type under any patents, copyrights, trademarks or other intellectual property owned or controlled by Komatsu.
QUESTIONS REGARDING TERMS OF ACCESS
Questions regarding Komatsu’s web site Legal Notice / Access Terms should be directed to komatsuamerica.com at firstname.lastname@example.org or Customer Service, Komatsu America Corp, One Continental Towers, 1701 W. Golf Road, Rolling Meadows, IL. 60008.
CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010
Beginning January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657) requires manufacturers and retailers to disclose information regarding slavery and human trafficking in their supply chains. Komatsu America Corp. (collectively with its subsidiaries, “Komatsu”) is committed to ensuring that our supply chain reflects Komatsu’s values, which are set forth in Komatsu’s codes of conduct (the “Code”) and its parent company’s CSR Procurement Guidelines (the “Guidelines”). The Code and the Guidelines require that Komatsu and its affiliates abide by all rules and regulations applicable to our collective activities throughout the world – which would include applicable laws prohibiting slavery and human trafficking. This requirement applies to all Komatsu affiliates that supply Komatsu. The Code is provided to Komatsu employees when they join the company and is part of personnel training. Consistent with these standards, Komatsu expects that our suppliers and affiliates will obey all laws that are applicable to them, including laws prohibiting slavery and human trafficking. Although Komatsu has not presently established separate audits or training specifically focused on slavery and human trafficking, Komatsu America Corp. has standard supplier terms that it typically uses with suppliers that require that its suppliers comply with all of the applicable laws of the U.S. and Canada, which include all laws prohibiting slavery and human trafficking.