Welcome to www.MitsuCap.com (hereinafter referred to as “Website”, “We”, “Us”, “Our”), owned and operated by MitsuCap Lease & Finance, Inc. (hereinafter referred to as “MitsuCap”). By using this Website or submitting communications or information to us, you accept and agree to all of the terms and conditions set forth herein (the “Terms and Conditions”), which form a legally binding agreement between you and MitsuCap.
We reserve the right to refuse service at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests, business, customers, affiliates, licensors or licensees.
- Ownership; License; Limitations
This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by MitsuCap or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non‑commercial use and as necessary in connection with the use of any services available through this Website.
Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (i) reproduction, re‑transmission or re‑presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Website is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (iii) you may not use any meta tags or any other “hidden text” utilizing the names or trademarks of Dominion or our owners, affiliates, licensors or licensees without our or their express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein.
In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep‑links, data‑mining, data‑gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time.
This Website includes certain trademarks and service marks owned by MitsuCap and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Website content.
All rights not expressly granted to you by us in these Terms and Conditions are reserved to MitsuCap and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.
- Your Account
- Data Security
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
- Data Collection and Use
5.2 By using this Website and/or any Communications Services, you agree not to post, submit or transmit to MitsuCap through this Website or via any Communications Services any information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Website or via any Communications Services or otherwise to MitsuCap shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By submitting any communications to MitsuCap you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such content.
- Violation of These Terms and Conditions
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of Dominion and/or our owners, affiliates, employees, users of or visitors to this Website or the public.
- Disclaimer of Warranties
You agree that this website and all information, products or services available through this website are provided by us on an “as is,” “as available” basis without warranties of any kind, either express or implied, and that your use of this website and all information, products or services available through this website is entirely at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over this Website, including information, products and services referred to, advertised or promoted on or sold through this Website. Neither MitsuCap nor our owners, affiliates, assignees, licensors or licensees warrant that this Website will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of this Website or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this Website.
Without limiting the generality of the foregoing, MitsuCap and our owners, affiliates, assignees, licensors and licensees specifically disclaim any and all warranties, express or implied by statute or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement.
- Limitation of Liability
8.1 Neither MitsuCap nor our owners, officers, affiliates, assignees, licensors or licensees shall have any liability for any errors, inaccuracies, omissions or other defects in the information contained within this website. In no event shall MitsuCap, or our owners, affiliates, licensors or licensees be liable to you or anyone else for any damages, other than direct damages, arising out of your access to or use of, or inability to use, this website or any information, products or services available through this website or our use of any information you submit to us. In addition to and not in limitation of the foregoing limitation of liability, in no event shall MitsuCap, or our owners, affiliates, assignees, licensors or licensees be liable to you or anyone else for any special, indirect, consequential, punitive, exemplary or similar damages whatsoever (including, without limitation, damages for lost revenues or profits, or loss of business or data), even if we or any such other person has been advised of the possibility of such damages.
8.2 Without limiting the foregoing, you agree that the entire aggregate liability, if any, of MitsuCap and our owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Website or any information, products or services available through this Website, or our use of any User Content that you post on this Website or submit to us, will not exceed one hundred dollars ($100). Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
- Release and Indemnity
You hereby release and agree to indemnify, defend and hold harmless MitsuCap and our owners, affiliates, assignees, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney’s fees, arising from or relating to (i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any information that you have submitted to us, including, but not limited to, infringement of copyright, trademark, trade secret, patent, proprietary rights or any other claims, or (iii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10.1 These Terms and Conditions are governed by the laws of the State of Texas, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in the State of Texas, U.S.A., for all disputes arising out of or relating to these Terms and Conditions your use of this Website or the information, products or services available through this Website, or our use of any User Content that you have posted on this Website or submitted to us. Use of this Website or the information, products or services available through this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MitsuCap as a result of these Terms and Conditions or your use of this Website or the information, products or services available through this Website.
10.2 You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10.3 You shall use this Website and the information, products and services available through this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Website or the information, products or services available through this Website will not be permitted.
10.4 You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.
10.5 If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Failure by MitsuCap to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
These Terms collectively represent the entire agreement and understanding between you and MitsuCap and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from MitsuCap.
If you have any questions, please contact us at firstname.lastname@example.org