Lixil Americas Terms of Use

Effective January 25, 2023

This website (the " Site") is owned and operated by LIXIL Americas, on behalf of itself and for its subsidiaries and affiliates (collectively, "LIXIL", "We", or "Us"). By accessing, using, registering for, or purchasing merchandise from the Site, you agree to be bound by these Terms and Conditions of Use (the "Terms") and all applicable laws. All visitors to and users of any aspects of the Site (collectively, "Users", or “You”) are bound by these Terms. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and acknowledge that any other agreements between You and LIXIL are superseded and have no force or effect. LIXIL reserves the right to modify the Terms at any time without prior notice to You, and therefore, LIXIL recommends that you read these Terms carefully each time you use the Site. The Terms set forth important details about your relationship with LIXIL, including the rights you grant to LIXIL, restrictions on how You can use this website, and our agreement to resolve disputes via binding arbitration without resorting to class action litigation. BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY, AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

Trademarks and Copyright
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of LIXIL. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of LIXIL or the third party owner of such Trademark. Your misuse of the Trademark, or any content on the Site, except as provided in these Terms is strictly prohibited. You are also advised that LIXIL will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

You may download material displayed on the Site for non- commercial, personal use only, provided you also retain all copyright and other propriety notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without LIXIL’s written permission.

Third Party Advertisements and Links to Third Party Sites
You should assume that everything you see or read on the Site is copyrighted or subject to trademark protection, unless otherwise noted and may not be used except as provided in these Terms or in the text on the Site without the written permission of LIXIL. LIXIL neither warrants nor represents that your browsing of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with LIXIL.

Your Use of Content on the Site and Limited Liability
While LIXIL uses reasonable efforts to include accurate and up-to-date information on the Site, We make no warranties or representations as to its accuracy. LIXIL assumes no liability or responsibility for any errors or omissions in the content on the Site.

Your browsing of the Site is at your risk. Neither LIXIL nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LIXIL also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site.

Any communication or material You transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non- confidential and non-proprietary. Anything You transmit or post may be used by LIXIL or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, LIXIL is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. LIXIL reserves all rights not expressly granted in and to the Content.

Privacy
All information collected from Users of our Site are subject to our Privacy Policy, which is incorporated by reference into this Agreement. For more information, see our Privacy Policy.

Indemnification
You agree to defend, indemnify and hold harmless LIXIL (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site; (b) your violation of any term of these Terms of Use; or (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right). This indemnification obligation will survive the termination of these Terms.

Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and LIXIL’s failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Arbitration
You and LIXIL agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”).

Except as the Terms & Conditions otherwise provide, You and LIXIL acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and LIXIL may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

Applicable law
By visiting the Site, You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and LIXIL.

Modification of Content
We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that You are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms. If any provision of this Agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions.

Disclaimer
LIXIL has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.