Terms of Use

BY ACCESSING AND/OR USING THIS SITE, YOU AGREE TO THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE THIS SITE.

General:

This website and any sub-site (collectively ?the Site?) is provided by NEC America, Inc. (?NEC?) subject to these Terms of Use.  The Site is not directed toward persons under the age of 13 and is intended only for the lawful use by residents of the United States over the age of 13.

By accessing the Site, you represent that you have the legal capacity to agree to these Terms of Use and you acknowledge you have read and agree without limitation to be bound by these Terms of Use, and modifications thereto and to comply with all applicable laws, rules and regulations.

The Terms of Use may be modified from time to time by NEC without notice to you.  The most current version of the Terms of Use may be found at www.nechdm.com/terms_of_use.asp.  You agree to visit this page from time to time to review the then current Terms of Use.

Ownership and Use:

The lay-out and design of the Site, as well as all materials, software, metatags, scripting, photographs, images, graphics, sounds, text, video, and all information found on the Site (?Content?) are protected in the U.S. and internationally by various laws and treaties including but not limited to copyright, patent and trademark laws as well as by other intellectual property rights and provisions.  You may not use the Content except as specified herein.  A violation may constitute a violation of NEC?s or its licensors intellectual property rights and NEC or its licensors reserve the right to take legal actions to protect these rights.

You may access the Content from the Site solely for the personal, non-commercial use of viewing and browsing the Site or ordering products or services from the Site.  If you are given authorization from NEC to download any Content from the Site, such Content shall be deemed to be licensed to you by NEC.  Full title and intellectual property rights shall remain with NEC or its licensors.  You may not resell, reverse engineer, decompile or convert the Content in any manner.  Any other potential use of the Content, including but not limited to, creating derivative works from, modifying, displaying, distributing, transmitting, transferring, selling, copying, displaying, linking to, or in any other manner exploiting the Content is expressly prohibited without the prior written consent of NEC.

Communication and Submission of Information:

Although certain encryption measures are utilized in an attempt to protect the transmission of credit card or bank card numbers (?Card Information?) that may be submitted to NEC through the Site, NEC cannot and does not guarantee the security of any information, financial or otherwise, transmitted to or from the Site.  Submission of any Card Information is at your own risk. 

Except for Card Information, do not sent any confidential or proprietary information to NEC through the Site.  Any communication or material, other than Card Information, that you transmit through the Site to NEC by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary (?Information?).  Any Information you so transmit may be used by NEC for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.  Furthermore, NEC is free to use any ideas, concepts, know-how, or techniques contained in any Non-Confidential Information you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such Non-Confidential information.  Any personally identifiable information you submit shall be treated in accordance with our Privacy Policy.

You expressly agree that you shall not post, upload, email or otherwise submit any material that is unlawful, that could give rise to any criminal or civil liability or that is otherwise unfit for publication.  You agree that you will use reasonable efforts to scan and remove any virus, worm, time-bomb or similar malicious code or other destructive feature (?Virus?) before submitting any material.   In addition, you warrant that you either own any material you submit or have all necessary rights to submit the material.  You agree that you shall not to take any action against NEC regarding any material that you submit and you agree to fully indemnify NEC against any actions against NEC arising from any material you submit.

NEC cannot and does not review materials posted by users on the Site and is not responsible for such material.  NEC may in its sole discretion without limitation remove any materials posted by users.

Disclaimer:

EVERYTHING ON THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT AND LINKS, IS PROVIDED TO YOU "AS IS" AND ?AS AVAILABLE? WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE. ACCESSING OR DOWLOADING ANY CONTENT THROUGH THE SITE IS DONE SOLELY AT YOUR OWN RISK.  Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this Site could contain technical inaccuracies or typographical errors.  NEC may make improvements and/or changes in this Site, and the product(s), technical specifications, and product promotions described in this Site at any time without notice.

Limitation of Liability:

NEC assumes no responsibility, and shall not be liable for, any damages arising from any virus that may infect your computer equipment or other property on account of your access to, use of, or browsing this Site or any links, or your downloading of any Content from thE Site or any links.  IN ADDITION, NEC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF NEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. so the above limitation or exclusion may not apply to you.  NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NEC?S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SITE, ITS CONTENT OR LINKS, EXCEED THE LESSER OF FIFTY U.S. DOLLARS ($50) OR THE AMOUNT PAID TO ACCESS THE SITE.

Linking:

This Site may contain links to Sites owned or operated by parties other than NEC.   NEC does not control outside sites and is not responsible for the content of any offsite pages or any other sites linked to this Site.  Visiting any other offsite pages or other sites is at your own risk.  Outside sites may contain information that some people may find offensive or inappropriate. NEC assumes no responsibility for the screening of any site that is included as a link, and assumes no responsibility for the content, completeness, availability, accuracy, legality or decency of any linked site.  NEC does not endorse any products or services available from other sites, and it is not responsible for the failure of any linked site to provide any promised goods or services.  Please be aware that the Site may link to pages that may have been removed or modified since the information was last collected and indexed.

Privacy Statement:

NEC?s collection and use of personally identifiable information about you is subject to NEC?s Privacy Policy found here: http://www.nechdm.com/privacy.asp.

The Site is not directed toward persons under the age of 13 and is intended only for the lawful use by residents of the United States over the age of 13.  NEC does not seek to collect any information about children under the age of 13.  Children under the age of 13 should not make any submissions to this Site. 

Governing Law:

These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas without regard to conflicts of laws principles.  You agree you are subject to personal jurisdiction in all courts and venues in Texas, and waive any jurisdictional or inconvenient forum objections to such jurisdiction.  USE OF THIS SITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE FULL EFFECT TO ALL PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH AND THE WARRANTY DISCLAIMERS AND LIABILITY EXCLUSIONS ABOVE.  If any part of these Terms of Use are invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Term of Use shall govern.  The failure of NEC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Termination:

NEC may terminate or restrict your use or access to this Site in its sole discretion without limitation.

Site Participation:

If you choose to participate in a promotion or other Site activity, you agree to comply with any additional rules or regulations governing such promotion or activity, if any.

Entire Agreement/Additional Terms:

The Terms of Use constitute the entire agreement between you and NEC and govern your use of the Site.  These Terms of Use supercede any and all prior agreements between you and NEC regarding your use of the Site.  You may be subject to additional terms and conditions when you purchase products or services, participate in any Site activities, contests or promotions, or download Content. 

Violations:

Please report any violations of these Terms of Use to NEC at http://www.nechdm.com/contactus.asp.

Availability of Products and Services:

The products and services shown on the Site may not be available in your area or at all.  The products and services listed on the Site are for informational purposes only.  In addition, some  features or applications are network dependent and/or may require optional or additional accessories and/or fees.  Please verify the local availability with your service provider. 

HDM Disclaimer:

? HDM (High Definition Mobile) is not meant to imply compliance with any HDTV (High Definition Television) or similar high definition standards.