Terms and Conditions of Use


1. Agreement and General Terms of Use. These terms and conditions of use constitute the agreement between YKK Corporation of America ("YKK") and you as the individual who accesses or establishes a connection to this web site ("you", "your", or "User"). By accessing and using this web site the User agrees to abide by the terms and conditions set forth in this notice and to comply with all applicable federal, state and local laws and regulations. YKK reserves the right, in its sole discretion, to make changes to this agreement at any time. This agreement and any posted rules on this web site constitute the entire agreement between the parties with respect to the subject matter hereof. No waiver by either YKK or User of any breach or default under this agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This agreement shall be binding upon and inure to the benefit of YKK and its successors, trustees, affiliated companies and permitted assigns. YKK may assign this agreement, or any of its rights or obligations under this agreement, without notice to User. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT, OR ARE NOT SATISFIED WITH THIS WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEB SITE.


2. Rights in Web Site and Web Site Content. The content of this web site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and, except as otherwise noted, is owned and controlled by YKK. Except as specifically permitted herein, no portion of the information on this web site may be reproduced in any form, or by any means, without prior written permission from YKK. User is not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this web site for any public or commercial purposes. User may download one copy of the content for personal, non-commerical use, but will make no other use of the content without the express written permission of YKK. User understands that nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of YKK or any third party.


The trademarks, logos and service marks ("Marks") displayed on web site are the property of YKK or other third parties. User is not permitted to use these Marks without the prior written consent of YKK or the third party that owns the Mark.


3. General Disclaimer and Limitation of Liability. THIS WEB SITE MAY CONTAIN INACCURACIES OR ERRORS. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YKK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YKK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY PART OF THIS WEB SITE OR IMPOSE LIMITS ON ACCESS TO PARTS OR ALL OF THIS WEB SITE WITHOUT NOTICE OR LIABILITY.


YKK 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 THIS WEB SITE OR ANY YKK PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF YKK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.


4. Indemnification. User agrees to defend, indemnify and hold harmless YKK (and any of its parents, subsidiaries, and affiliates and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of this web site or your breach of any provision of this agreement. YKK reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, who agrees to cooperate as fully as reasonably required in the defense of any such claim.


5. Links To/From Third Party Web Sites. This web site may contain links to third party web sites. Such third party web sites (including, but not limited to, web sites of YKK affiliated companies and subsidiaries) are not under the control of YKK. Access to any such third party web site is at the User's own risk and YKK is not responsible for the accuracy or reliability of any content, information, data, opinions, advice or statements made on these web sites.


You may not link to this web site without the express prior written consent of YKK. YKK reserves the right in its sole discretion to refuse any request to link to this web site.


6. Governing Laws. This web site is controlled and operated by YKK from its location in the United States of America. YKK makes no representations that materials on this web site are available for use in locations outside of the United States and access to them from locations where their contents are illegal is prohibited. User is subject to United States Export Control Laws and Users who access this web site from outside the United States are solely responsible for compliance with all laws in the location from which access is made.


This agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New York, without giving effect to their conflict of laws principles. User expressly consents to the exclusive forum, jurisdiction, and venue of the Courts of the State of New York in any and all actions, disputes, or controversies relating to this agreement.