Terms of Use

These Terms of Use (the “ Terms”) govern your use of the website located at www.toshiba.com/tic/ and the mobile applications (collectively, the “Site”) owned by Toshiba International Corporation (“TIC”). These Terms are important and affect your legal rights, so please read them carefully. By accessing or using the Site, you agree to be bound by these Terms, the Privacy Statement and the Cookies Policy, which are incorporated herein by reference.

By accepting these Terms, you represent that you are of the age of majority and capable of entering into a binding contract in the country in which you reside. By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site. If you do not agree to every provision of these Terms in their entirety, you may not access or use the Site.

These Terms may be revised at any time for any reason, and TIC may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Terms by referring to the legend in the footer of these Terms. By continuing to access, browse or use the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site.

Registration

In order to access certain areas or features of the Site, you may need to complete the registration process through the Site. Each registration is for a single user only.

By registering, you agree to (a) provide accurate, current and complete registration information, (b) maintain and promptly update, as necessary, your registration information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site. By registering, you also consent to receive electronic communications from TIC (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., authorizations, confirmations and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Payment Account Information

By providing payment account information to TIC and contributing the amounts requested during the registration and enrollment processes, you represent and warrant that you are authorized to use that designated payment account. Rejection and return policies shall be determined by TIC.

Restrictions on Use of the Site

TIC may suspend your access to the Site in the event you utilize the Site in violation of these Terms. The Site is controlled and operated by TIC from its offices within the United States. TIC makes no representation that materials on this Site are appropriate or available for us in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Compliance with laws

You agree to use this Site for lawful purposes only and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties.

Copyrights

The copyright in all material provided on this Site is held by TIC, its affiliates, or by the original creator of the material. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of TIC or the copyright owner, except that you may copy, download or print the materials on this Site for your personal and non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without TIC’s permission, “mirror” any material contained on this Site or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted materials and such use is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. Use of any software available for downloading from the site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorized use of any material contained on this Site may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

Limitation of Liability

THE MATERIALS IN THIS SITE, INCLUDING MATERIALS IN LINKED SITES DIRECTLY OR INDIRECTLY ACCESSIBLE FROM THIS SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, TIC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TIC DOES NOT WARRANT THAT THE MATERIALS OR THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF YOUR USE OF MATERIALS FROM THIS SITE, OR ANY LINKED SITES, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION. YOU EXPRESSLY AGREE THAT YOU USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. UNDER NO CIRCUMSTANCES SHALL WE, NOR OUR AFFILIATES, AGENTS, AND SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, OR SIMILAR ECONOMIC LOSS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE IN THIS SITE OR ANY LINKED SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF, NOR FOR ANY CLAIM BY A THIRD PARTY. IF USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF USER EQUIPMENT OR DATA, THE USER ASSUMES ANY COST THEREOF.

You agree to release, defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of this site or your violation of these Terms.

Legal Requirements; Privacy Statement

Where TIC has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, TIC may disclose IP addresses, personal information, and any contents of the Site where it reasonably believes it is compelled to do so. Please see TIC’s Privacy Statement for additional information relating to the privacy and security of information collected hereunder.

Linked Sites This Site may provide links or references to other sites originating from other companies, individuals or organizations. However, the materials that can be accessed from such sites are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

Feedback

Any communication you send to this Site or otherwise to TIC by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by TIC or its affiliates for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to TIC online, will be handled in accordance with TIC’s Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The sender of communications to this Site or otherwise to TIC shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Modifications to the Site

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time.

Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

Governing Law and Jurisdiction

These Terms shall be governed in accordance with the laws of the state of Texas, USA, excluding its conflict with laws provisions. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

Notice

All notices, demands, or other communications given by you under these Terms shall be in writing and will be deemed given when delivered to TIC at tic-privacy@toshiba.com. Any notices to you may be made via either e-mail or postal mail to the address in TIC’s records or via posting on the Site. Please report any violations of these Terms to TIC at the contact listed above.

Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Miscellaneous

These Terms constitute the entire agreement between you and TIC relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of TIC. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and TIC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Toshiba International Corporation (TIC) provides online ordering of products (Products) for registered users through this restricted access site. In order to use this site, you must agree to these terms as well as TIC's Terms of Use of its website available at https://www.toshiba.com/tic/terms-of-use. You will be provided with a username and password by TIC. You must agree to keep your user name and password confidential, and not to disclose them to third parties. In addition, you must agree to take reasonable steps to prevent their disclosure, including limiting their disclosure within your organization to those employees with a need to know the information and ensuring that those employees are aware of and agree to the confidentiality obligations, these terms and TIC's Terms of Use. You must also agree to use this restricted access site only for legitimate business purposes designed for the mutual benefit of you and TIC. Your use of this site is subject to the following restrictions: (a) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of this site; (b) you shall not access this site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (c) except as expressly stated herein, no part of this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without TIC's express written consent; and (d) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of this site without TIC's express written consent. Any future release, update, or other addition to functionality of this site shall be subject to the terms of this Agreement. THIS SITE IS PROVIDED "AS-IS" AND AS AVAILABLE AND TIC EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUITE ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ACCESS TO, AND USE OF THIS SITE IS AT YOUR DISCRECTION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. All Products listed on this site are subject to change, as is Product information, pricing, and availability. TIC reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that TIC will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product prior to the acceptance of your order (as described below). In the event a Product is listed at an incorrect price, with incorrect information, or is not available, TIC shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders. You agree that TIC Standard Terms and Conditions of Sale in effect at time of order placement shall apply to all orders placed through this site and any additional or contrary terms and any standard or pre-printed terms and conditions provided by you are rejected by TIC and shall be null and void and of no force and effect. TIC Standard Terms and Conditions of Sale are updated periodically, are available at https://www.toshiba.com/tic/cms_files/TCofSale.pdf and are incorporated herein by this reference as though fully set forth herein. TIC reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. Your order is not accepted until you receive an order acknowledgement containing the price and quantities.

As a convenience to you, this site will allow you to create a quotation for your customer (“Customer Quotation”) using the data from your TIC quotation or order and additional information that you provide. If you chose to create a Customer Quotation using this site, you do so at your own risk. You are responsible for all information in the Customer Quotation, whether the information is provided by you or imported from the TIC quotation or order. TIC is not responsible for any information in the Customer Quotation, including without limitation, any errors in the Customer Quotation. You may choose to upload your terms and conditions and logo for use in the Customer Quotation. The Customer Quotation, including without limitation any terms and conditions therein, are between you and your customer. The Customer Quotation is not binding on TIC. You must not upload any information in violation of any laws or the intellectual property rights of third parties. You are responsible for ensuring that you have all rights and consents necessary to use, upload and disclose any information to the site. TIC has no obligation to store or retain the Customer Quotation or any information therein and it shall be your responsibility to make and store your own copies of Customer Quotations. However, you agree that all information that you input or upload to the site for the creation of Customer Quotations may be stored, accessed and used by TIC in its sole discretion in furtherance of TIC’s legitimate business interests and you expressly consent to such use, storage and access.