Terms of Use

TERMS OF USE

Consent

Please read these Terms of Use carefully before using this website ("Site"). By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this Site. TDK Technologies, LLC ("TDK") reserves the right to change these Terms of Use at any time, at its own discretion and without notice to you; however, all such changes will be posted to this Site. TDK encourages you to review the Terms of Use from time to time so that you are aware of any such changes. The Terms of Use that are applicable to you at any given time are the current Terms Of Use.

TDK retains the right to deny access to this site to anyone at its complete discretion for any reason, including for violation of any of these Terms of Use. This Site provides links to other websites, whether or not they are affiliated with TDK. These other websites may have their own terms of use policies that are different from or in addition to these Terms of Use as stated. By accessing these websites through the links provided on this site, you agree to abide by each applicable terms of use policy as specified.

Copyright, Trademarks & Intellectual Property Rights

All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the "look and feel" of the Site), images, graphics, animation, videos, music, sounds, articles, copy, creative, trademarks, logos, and subsidiary, parent, or affiliate company names and other materials on this Site are subject to the intellectual property rights of TDK, its subsidiaries and affiliates, and their respective licensors and licensees. These materials may not be copied for commercial use, reverse engineered, decompiled, or disassembled, nor may these materials be modified, re-posted to other web sites, framed, deep linked to, or otherwise redistributed in any form. Nothing contained on the Site, including, but not limited to, the TDK trademark, intellectual property right or copyrighted material can be used for commercial use of any kind without TDK's prior written permission. Any unauthorized commercial use of these materials will violate TDK's intellectual property rights and will be subject to TDK's full legal rights and remedies.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Limited Right to Use Site Content

The viewing, printing or downloading of any content from the Site grants you only a limited, nonexclusive, revocable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other non-personal use. No part of any content, graphic or document may be reproduced in any form for anything other than for your personal use.

You may not create a web page or site or computer application of any kind that deep links to or frames this Site, any page of this Site, or any graphics, trademark or other proprietary information of any kind located on this Site nor may you use meta tags or any other type of hidden text utilizing TDK or any of its affiliates' names, trademarks or intellectual property rights on a website without TDK's express written permission. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials contained therein are reserved by TDK. Your right to access this Site may be terminated at any time by TDK without notice.

Editing, Deleting and Modification

TDK reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Site, including these Terms of Use, at any time without notice.

System Integrity

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Site or to, without authorization, intercept any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site's network or other infrastructure.

No Confidentiality with Respect to Submissions or Feedback

While we welcome your comments and feedback regarding our Site, products and/or services, we do not want to receive, and will not accept, ideas or information with any understanding of a confidentiality or non-use obligation of any kind. All comments and feedback disclosed or offered by you to TDK shall be considered by TDK to be non-proprietary and non-confidential and may be used by TDK without any further obligation to you whatsoever. By disclosing or offering such comments and feedback, you agree that TDK shall have no further confidentiality, non-use or other obligation to you.

Links to Other Web Sites

The Site may contain links to other web sites that are completely independent of this Site. TDK is not responsible for the accuracy, content, or authenticity of the information or content contained in any such linked website, or for the products or services offered or sold through any such linked website. Such links shall not be construed as an approval or endorsement by TDK of the linked website, or information, content, products or services provided. These links are made available only as a convenience to you. If you decide to access other websites through our Site, you do so at your own risk.

Privacy Policy

TDK recognizes the importance of respecting the privacy of those who visit this website and choose to take advantage of the services and information offered at this Site. The TDK Technologies Privacy Policy provides an overview of what you can expect when you our services or simply browse our Site. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States and you agree to have your data transferred to and processed in the United States.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Missouri applicable to agreements made and to be entirely performed within the State of Missouri, without regard to its conflict of law principles.

Dispute Resolution

Any legal action of whatever nature brought by either you or TDK (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in St. Louis County, Missouri, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

No Representation or Warranty

While TDK will use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. TDK does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.

This Site and all content contained are provided to you on an as-is and as-available basis. All warranties, expressed or implied, are hereby disclaimed, including any warranty of noninfringement or fitness for a particular purpose. No information obtained by you from TDK through this Site shall create any warranty not expressly stated herein.

Without limitation, TDK disclaims all warranties regarding the availability of the Site, that this Site will operate error-free, that defects will be corrected, or that the site is free of viruses or other harmful components. Your use of this Site is at your own risk, any content downloaded or otherwise obtained through this Site is provided at your own risk, and you are solely responsible for any damage to your computer system or any data loss that may result from your use of the Site, including without limitation, damage resulting from computer viruses.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Limitations of Liability

IN NO EVENT WILL TDK OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold TDK harmless, including its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by TDK on the Site or in respect to the Site constitute the entire agreement and understanding between you and TDK. TDK’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. TDK may assign any or all of our rights and obligations to others at any time. TDK shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and TDK as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against TDK by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Information

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

TDK Technologies, LLC
16253 Swingley Ridge Road, Suite 300
Chesterfield, MO 63017 USA
Phone: 636-778-1404

info@tdktech.com