IMPORTANT NOTICE: This web site ("Site") is
governed by the policies and legal terms and conditions set forth in this
document. Please read them carefully, since your use of this Site, or
your placing an order using this Site, indicates your agreement to be
bound by, and your legal acceptance of, these policies, terms and conditions.
These policies, terms and conditions are definitive and constitute a legal
agreement ("Agreement") that you are entering into, and this
Agreement will govern your relationship with Ricoh Americas Corporation, Inc. ("Ricoh"
or "the Company") and takes precedence over any conflicting
or inconsistent information about this Site or its operation, policies
or rules.
Your use of this Site is subject to these terms, conditions
and disclaimers, and by accessing this Site, you acknowledge that you
have read and accept these conditions and disclaimers.
As a condition of your use of the Site, you will not use the Site for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices or is otherwise prohibited under applicable law. You may not
use the Site in any manner that could or is intended to damage, disable,
overburden, or impair any Ricoh server, or any network connected to any
Ricoh server, or interfere with any other party's use and enjoyment of
the Site. You may not attempt to gain unauthorized access to any services,
other accounts, computer systems or networks connected to any Ricoh server
or to any other area, through hacking, password mining or any other means.
All such attempts are strictly forbidden and constitute misuse of the
Site, for which severe civil and criminal penalties may attach. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Site.
Ricoh may revise this Agreement or any terms and conditions herein at
any time by updating this posting. You should visit this page from time
to time to review the then-current terms and conditions because they are
binding on you.
You are under no obligation to use this Site or to enter
into transactions with Ricoh. Similarly, Ricoh reserves the right to
refuse service, discontinue transactions, terminate accounts or cancel
orders if in its discretion it determines that a customer's conduct violates
applicable law or is harmful to the public interest or to the commercial
interests of Ricoh. In no event shall Ricoh be liable in any way for
any such decision or for the termination or cancellation of any order
hereunder.
Ricoh may at any time deny you access to the Site, without
advance notice, if in Ricohs's sole discretion you fail to comply with
any term or provision of this Agreement or if you otherwise take actions
which Ricoh considers in its discretion to be detrimental to its commercial
interests.
If you register on the Site, you must complete the registration
process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You also will choose
a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are
entirely responsible for any and all activities that occur under your
account. You agree to notify Ricoh immediately of any unauthorized use
of your account or any other breach of security. Ricoh will not be liable
for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Ricoh or another party due
to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
You agree to use any email, posting or other communication
services available through the Site only for purposes that are proper
under this Agreement and applicable law. By way of example only, you agree
that you must not:
- Publish, post, upload, distribute or disseminate any profane, defamatory,
indecent or unlawful topic, name or other information.
- Upload or provide a link to any other party's images, photographs,
software or other material protected by intellectual property laws (such
as any copyright or trademark laws or any rights of privacy or publicity),
unless you have written and binding permission from that party
- Upload files that contain any executable software, including any Trojan
horses, worms, time bombs, viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer
or property of another.
- Use or download any directory of users of the Site or other user or
usage information or any portion thereof, for the purpose of providing
that to another (whether or not for a fee)
- Falsify or delete any copyright management information, such as copyright
notice or other legal notices indicating authorship or ownership of
copyrighted materials
- Employ this Site or the information herein for conducting surveys,
contests, pyramid schemes, chain letters, junk email, or spamming
- Defame, abuse, harass, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Use any material or information, including images or photographs,
in any manner that infringes any copyright, trademark or other proprietary
right of any party.
- Restrict or impede any other user from using and enjoying the Site.
- Harvest or otherwise collect information about others, including e-mail
addresses.
- Create a false identity for the purpose of misleading Ricoh or third
parties.
Users are prohibited from violating or attempting to
violate the security of the Site, including, without limitation, (a) accessing
data not intended for such user or logging onto a server or an account
which the user is not authorized to access; (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, or by means commonly
known as overloading, flooding, spamming, mail-bombing, or crashing; (d)
sending unsolicited email, including promotions and/or advertising of
products or services; or (e) changing any TCP/IP packet header or any
part of the header information in any email or newsgroup posting.
Violations of system or network security may result in
civil or criminal liability. Ricoh will investigate occurrences that
may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of this Site or any activity being
conducted on this Site. You further agree not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars, or intelligent
agents) to navigate or search this Site other than the search engine and
search agents available from Ricoh on this Site and other than generally
available third party web browsers (such as Netscape Navigator or Microsoft
Explorer).
Ricoh provides links from its Site so that you may
reach information that may be of interest, but such a linkage does not
constitute an endorsement or recommendation of the content of that linked
site and does not vouch for that site's quality or integrity. If you use
these links, you will leave this Site. Ricoh has not reviewed all of
these third party sites and does not control and is not responsible for
any of these sites or their content. The third-party hypertext links presented
on this Site are provided for your convenience only and are not under
the control of Ricoh.
Ricoh is not responsible for any third party sites which are accessed
through or as a result of a linkage from the Ricoh Site. If you decide
to access any of the third party sites linked to this Site, you do this
entirely at your own risk.
Ricoh fully cooperates with law enforcement agencies
in identifying those who use our service for illegal activities. We reserve
the right to report to law enforcement agencies any activities that we
reasonable believe to be unlawful or requires further investigation. Also,
we must of course disclose information that is required to be disclosed
pursuant to court order, subpoena or other legal process (including any
information required to be furnished in any civil proceeding to which
you may be a party or for which you or your organization may be the subject
of an information request, subpoena or investigative demand) and cannot
be liable for any disclosure made by Ricoh in good faith due to or as
a result of legal process or compliance therewith.
This site is owned and operated by Ricoh. Unless otherwise
specified, all materials appearing on this site, including text, site
design, logos, graphics, icons, and images, as well as the selection,
assembly, process flow, and functionality of the web pages, are the sole
property of Ricoh. The compilation of all content on this site (including
the collection, arrangement, structure, sequence and organization of any
such content) is copyrighted by Ricoh. No materials on this site may
be copied or reproduced without the prior written consent of Ricoh, and
any use of the materials on this site except to execute transactions according
to the procedures of this site is strictly prohibited. All material is
protected under U.S. copyright law and international conventions.
Ricoh expressly reserves all intellectual property rights
in all text, programs, products, processes, technology, content and other
materials which appear on this site. Access to this site does not confer
any license under any of Rioch's or any third party's intellectual property
rights.
Ricoh and RicohDirect are trademarks of Ricoh. You
agree that you will not use Ricoh's trademarks or other symbols in any
manner that creates or is likely to create confusion among customers,
or in any manner that in Ricoh's opinion is likely to disparage or discredit
Ricoh.
ANY UNLAWFUL OR UNAUTHORIZED USE OF MATERIALS OR PROCESSES
APPEARING ON THIS SITE MAY VIOLATE COPYRIGHT, TRADEMARK, AND PATENT LAWS
AND COULD RESULT IN CRIMINAL OR CIVIL PENALTIES. All material appearing
on this site is protected by copyright (Copyright Ricoh Americas Corporation, Inc.
2007) and is deemed to include the foregoing copyright notice, which constitutes
copyright management information under the Digital Millennium Copyright
Act.
The Company does not warrant or guarantee that the information
contained in Site is complete or error-free, or that the most up-to-date
information is necessarily included in this web site. The Company shall
not in any event or for any reason be liable for any errors or omissions
in any information provided in or through this Site.
IN ADDITION, THE INFORMATION AND SERVICES PROVIDED AT
THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE"
AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. Ricoh may make changes to the information and services at this
Site, or to the products and prices described in them, at any time without
notice. The information and services at this Site may be out of date,
and Ricoh makes no commitment to update the materials and services at
this Site. Information published at this Site may refer to products, programs
or services that are not available in your country. Consult your local
Ricoh business contact for information regarding the products, programs
and services that may be available to you.
INFORMATION ON THIS SITE REGARDING RICOH PRODUCTS AND
SERVICES ("SITE INFORMATION"), INCLUDING THEIR AVAILABILITY,
APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
SUCH SITE INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY
OR OTHER COMMITMENT BY RICOH WITH RESPECT TO ANY PRODUCT OR SERVICE AND
RICOH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO SUCH
INFORMATION'S ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS. YOU
AGREE NEVER TO ASSERT ANY FORM OF WARRANTY OR OTHER CLAIM IN CONTRAVENTION
OF THIS DISCLAIMER.
RICOH MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE
OF THE RICOH SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Exclusion of Punitive and Consequential Damages and Limit
on Liability. With respect to any and all claims arising as a result of
your use of this web site or otherwise in any way related to the web site,
THE COMPANY WILL NOT LIABLE TO YOU IN ANY EVENT, OR FOR ANY REASON, FOR
ANY PUNITIVE DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES (including any damages for loss of goodwill, lost or damaged files
or data, work stoppage, inaccuracy of results, computer failure or malfunction,
lost profits, lost savings, or loss of opportunity), EVEN IF THE COMPANY
HAS BEEN INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. This limitation
shall apply without regard to the cause of action or form of action, and
limits damages from claims in contract, warranty, tort (including allegations
of negligence or allegedly intentional misconduct), product liability
or strict liability. The exclusions and disclaimers in this paragraph
shall in any case apply to the maximum extent permitted by applicable
law.
You agree that all of the limitations, exclusions and
disclaimers set forth herein are reasonable, and you acknowledge and understand
that Ricoh would not engage in the transactions contemplated in this
web site, except for the exclusions, disclaimers and limitations contained
herein.
All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to Ricoh on or
by this Site or otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively, "the Comments") shall
be and remain Ricoh's property. Such disclosure, submission or offer
of any Comments shall constitute an assignment to Ricoh of all worldwide
rights, titles and interests in all copyrights and other intellectual
properties in the Comments. Ricoh will not be limited in any way in its
use, commercial or otherwise, of any Comments and will not be liable for
any royalty or compensation in respect of its use of the Comments. For
this reason, we ask that you not send us any comments that you do not
wish to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original
artwork.
Ricoh is under no obligation (1) to maintain any Comments
in confidence; (2) to pay to user any compensation for Comments; or (3)
to respond to any user Comments. You agree that no Comments submitted
by you to the Site will contain libelous or otherwise unlawful, abusive
or obscene material. You are solely responsible for the content of any
Comments you make.
In the event a product is listed at an incorrect price
due to typographical error or other error in pricing information, Ricoh
shall have the right to refuse or cancel any orders whether or not the
order has been confirmed.
We have made every effort to display as accurately as
possible the colors of our products that appear on the Site. However,
as the actual colors you see will depend on your monitor, we cannot guarantee
that your monitor's display will be accurate.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RICOH MAY MAKE IMPROVEMENTS
OR CHANGES IN THE PRODUCTS DESCRIBED HEREIN AT ANY TIME.
References on this site to any names, marks, products
or services of third parties or hypertext links to third party sites or
information, are provided solely as a convenience to you and do not in
any way constitute or imply Ricoh's endorsement, sponsorship or recommendation
of the third party, information, product or service. Ricoh is not responsible
for the content or accuracy of material on any third party sites. If you
decide to link any such third party web sites, you do so entirely at your
own risk.
Any controversy or claim arising out of or relating to
this Agreement or the breach hereof, or otherwise relating to the use
or operation of this web site (including any claim based upon or arising
from an alleged tort of any kind or any claim related to or arising from
any purchase or sale of any product through this web site) shall be settled
by binding arbitration in accordance with the Commercial Arbitration Rules
of the American Arbitration Association, and judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction thereof.
The arbitrator shall be the exclusive authority to decide any and all
questions of arbitrability or contract formation. Any remedy that would
be available from a court of law or equity shall be available from the
arbitrator, except that the arbitrator shall not be authorized to award
punitive damages or consequential damages or any other damages excluded
by terms of this Agreement. You and Ricoh acknowledge that this Agreement
and your use of the web site involves interstate commerce and that all
arbitration proceedings conducted hereunder shall be governed by the Federal
Arbitration Act, 9 U.S.C. §§ 1, et seq. The arbitration hearing
and all proceedings in connection therewith shall take place in Metropolitan
Atlanta, Georgia (defined as DeKalb County, Fulton County, Cobb County,
or Gwinnett County). You and Ricoh hereby expressly agree that this paragraph
constitutes a valid agreement to arbitrate. The court in which any judgment
upon the award is entered, whether a confirming court and/or a domesticating
court, shall award all attorneys' fees incurred by Ricoh in connection
with the proceedings therein.
The Federal Arbitration Act (Title 9, U.S. Code) shall
apply to this Agreement as stated above. Otherwise, this Agreement and
all rights and duties hereunder, and any transactions related hereto (including
any use of the web site or purchases or sales hereunder or information
provided thereby) and any controversy or claim arising hereunder or related
hereto (including any claim based on or arising from an alleged tort,
or the formation or breach of this Agreement or otherwise related to the
subject matter of this Agreement or the parties' relationship attendant
hereto) shall be governed by, and interpreted and enforced in accordance
with, the laws of the State of Georgia, USA, according to the terms of
this Agreement, without reference to any conflict of law rules or principles.
In no event shall this Agreement be governed in any part by the United
Nations Convention of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
Ricoh shall be excused from delays in performing or
from its failure to perform hereunder to the extent that such delays or
failures result from causes beyond its reasonable control, including failures
of transportation or communications facilities (including computer or
Internet failures or errors), any actions, failures to act, errors or
omissions of or by third parties, product shortages or manufacturer problems
or mistakes, weather problems or emergencies or other Acts of God, or
war, sabotage, strikes, lockouts or other labor disputes.
We reserve the right at anytime after receipt of your
order to accept or decline your order for any reason in our sole discretion.
Ricoh will take reasonably commercial efforts to have products delivered
to you according to the shipment terms that apply to your transaction,
but is not liable in any event for any damages related to mistake or delay
in delivery, or to incorrect delivery information, or for any action or
omission of any carrier engaged in making shipment.
You agree to defend, indemnify and hold Ricoh harmless
from and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
Any software which may be downloaded from the Site for
or on behalf of the United States of America or its agencies ("U.S.
Government"), is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19,
as applicable. Manufacturer is Ricoh Americas Coroporation, 5 Dedrick Place,
West Caldwell, New Jersey, USA.
This Agreement represents the complete agreement between
the parties regarding the use of this Site and supersedes all prior agreements
and representations between them. If any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and other terms of
this Agreement shall remain in full force and effect. The failure of Ricoh
to act with respect to a breach of this Agreement by you or others does
not constitute a waiver and shall not limit Ricoh's rights with respect
to such breach or any subsequent breaches.
ATTENTION: PLEASE READ THE FOREGOING TERMS CAREFULLY
BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT
THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS,
DO NOT USE THIS WEB SITE.
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