Last updated: September 1, 2020
COOKIES AND HOW THEY ARE USED
MEAA collects visitor data to analyze and understand important trends and to gather demographic information about our user base as a whole. We may choose to use this information in our marketing and advertising services. To achieve this end, MEAA may utilize a technology referred to as “cookies” to ascertain various user habits such as the number of people who visit our Site, average browsing time, the number of time our Site is accessed, and how much of the Site is viewed. A cookie is a tiny data file transferred by a website to your computer’s hard drive for the purpose of storing small amounts of information. MEAA collects information in aggregate for statistical purposes to improve our Site and better personalize your user experience. MEAA does not review information on individuals themselves.
NOTIFICATION OF CHANGES
Our Policy may change from time to time. If MEAA decides to change its Policy, those changes will be posted in this section to keep you updated on the types of information we collect, how we collect such information, whether we disclose it to any third parties, your ability to control how such information is used, and your right to correct any erroneous information collected about you. When we change the policy in a material way, a notice will be posted on our website along with the updated Policy.
QUESTIONS OR COMMENTS
We value your opinion and feedback about of services and policy. If you have any questions or concerns about our Policy and how it might affect you personally, please contact the Webmaster at ‘Contact Us’ button located on our homepage.
OUR COMPANYWIDE COMMITMENT TO YOUR PRIVACY
Because we value our commitment to information security, we communicate our privacy and security guidelines to MEAA employees and strictly enforce privacy safeguards within the company.
By using these Sites, you consent to the terms of our privacy statement and to our collecting and processing of personal information for the purposes given above.
Last updated: August 4, 2020
Mitsubishi Electric Automotive America, Inc. (“us”, “we”, or “our”) operates the _____________________ website (the “Website”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Website.
CALIFORNIA RESIDENTS – If you are a California Resident, please see below for the Privacy Statement applicable to your information.
Information Collection And Use
While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, home address, among other information (“Personal Information”).
We collect this information for the purpose of providing the Website, identifying and communicating with you, responding to your requests/inquiries, and improving our services.
We collect information that your browser sends whenever you visit our Website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
When you access the Website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, your location information and other statistics.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Website and we recommend that you leave them turned on.
Do Not Track Disclosure
We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may employ third party companies and individuals to facilitate our Website, to provide the Website on our behalf, to perform Website-related services and/or to assist us in analyzing how our Website is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Website.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to completely guarantee the security of the Personal Information we have collected from you.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Website. Our Website does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
PRIVACY STATEMENT – CALIFORNIA
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Mitsubishi Electric Automotive America, Inc. and its affiliates (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”) who are not employees of a Mitsubishi Electric group company. The privacy statement as it relates to employees of Mitsubishi Electric can be found below. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
- Identifiers – A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
- Personal information described in subdivision (e) of Section 1798.80 (California Customer Records statute) (“1798.80 Personal Information”) – This means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
- Commercial Information – Including, but not limited to, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or Network Activity – Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Geolocation Data – Physical location or movements.
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our customers related to their purchases of products or services and related warranties.
- Indirectly from our distributors or sales agents.
- Directly and indirectly from activity on our website (www.____________.com), social media, or marketing efforts.
- From third-parties that interact with us in connection with the products we sell or services we perform.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in relation to a purchase, warranty submission, referral form, etc., we will use that information in conjunction with that specific purpose.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
- To improve our website and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To respond to law enforcement requests and as required by litigation requirements, applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose in compliance with the CCPA. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
- Personal Information
- Commercial Information
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates.
- Service providers.
- Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at ________________.
- Visiting ________________.com
- Writing us at the address noted below.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information twice within a twelve month period. Your request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We will not discriminate against you for exercising any of your CCPA rights, unless otherwise permitted by the CCPA.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
EMPLOYEE PRIVACY NOTICE UNDER THE CALIFORNIA CONSUMER PRIVACY ACT FOR CALIFORNIA RESIDENT EMPLOYEES
Your privacy is important to us and we are committed to protecting our employees’ information. This privacy notice describes the personal information that we collect from our employees and the purposes for which we may use such information.
California enacted the California Consumer Privacy Act, California Civil Code § 1798.100 et seq., (with any implementing regulations and as may be amended from time to time, “CCPA”). The CCPA imposes certain obligations on Mitsubishi Electric Automotive America, Inc. (together, “we” or “us”), and subject to specific exemptions and other limitations, grants certain rights to California resident employees (“California Resident,” “you” or “your”) with regard to their personal information.
What is personal information?
“Personal information” under the CCPA includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer or a household.
What categories of personal information do we collect?
We may have collected the following categories of personal information from or about you:
- Identifiers such as, your name, address, date of birth, email address, social security number, driver’s license number, passport number, or other similar identifiers.
- Characteristics of protected classifications under California or federal law, including, your gender, national origin, or marital status.
- Professional or employment-related information, including your current or former employer, professional titles, the names of your beneficiaries and other information necessary to operate employee benefit programs or your emergency contacts.
- Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
- Personal information protected under California Civil Code Section 1798.80(e), including, for example, your signature or bank account or other financial information.
- Internet or other electronic network activity information, including, for example, information regarding your type of computer or web browser.
Personal information under the CCPA does not include deidentified information, aggregate consumer information or publicly available information that is lawfully made available from government records.
What are the purposes for which this information may be used?
We may use your personal information for the following business or commercial purposes in addition to the employment purposes identified and/or excluded from the scope of the CCPA:
- Performing services for purposes of your employment with us or our contractual obligations to you including, for example, maintaining or servicing accounts; providing health, medical, retirement or other benefits; processing transactions or payments; verifying information; or providing similar services for employment purposes.
- Communicating with you about your employment or a potential position, including salary, other payments or benefits information, performance evaluations, references, application forms, emergency contact information or other human resources information.
- Enhancing our internal operations, protecting against malicious, deceptive, fraudulent, or illegal activity, including, preventing fraud, anti-money laundering, and conflict checks.
- Conducting security maintenance and enhancements, assisting law enforcement agencies or for regulatory or other legal purposes.
- Enabling or effecting commercial transactions, including, using your bank account details to deposit salary or other payments.
- Undertaking internal research to help improve our products or service.
Last updated: August 14, 2020
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Website.
By creating an Account or submitting information on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Website, including its legality, reliability, and appropriateness.
By posting Content on or through the Website, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Website does not violate any laws or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating the above representations and warranties.
You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Website. However, by posting Content using the Website you grant us the right and license to use, modify, analyze, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website.
Mitsubishi Electric Automotive America, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Website are the property of Mitsubishi Electric Automotive America, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Prior to providing Mitsubishi Electric Automotive America, Inc. with any information regarding your company, you agree that you will not provide Mitsubishi Electric Automotive America, Inc. with any confidential or proprietary information. You understand and agree that Mitsubishi Electric Automotive America, Inc. will not have any confidentiality commitment or obligation in connection with any information, data, documents, or other materials you provide to Mitsubishi Electric Automotive America, Inc. via this website or any other means, and that you will not disclose any confidential or proprietary information unless and until Mitsubishi Electric Automotive America, Inc. and you have entered into a written contract otherwise. No information disclosed by you via this website or any other means shall be deemed to be confidential or proprietary.
If you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and/or password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to _______________________, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims related to the copyright infringement of any Content found on and/or through the Website.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
– a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
– identification of the URL or other specific location on the Website where the material that you claim is infringing is located;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at _____________________.
Intellectual Property and Related Provisions
The Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mitsubishi Electric Automotive America, Inc. and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. All title and intellectual property rights in and to the content which may be accessed through use of the Website is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. These Terms grant you no rights to use such content. All rights not expressly granted are reserved by Mitsubishi Electric Automotive America, Inc. Without prior written permission from Mitsubishi Electric Automotive America, Inc., you may not create any improvements, enhancements, modifications, and/or derivatives of the Website. Any permitted improvements, enhancements, modifications, and/or derivatives of the Website will be owned by Mitsubishi Electric Automotive America, Inc. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mitsubishi Electric Automotive America, Inc.
Maintenance of Intellectual Property Notices – You are prohibited from removing or altering any of the Intellectual Property Rights notice(s) embedded in or provided with the Website.
Source Code – You have no license to access or use, or any other rights in or to, the source code for the Website. Certain items included with the Website are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. Each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limit your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. A list of this software is available here: _________________________________________.
Compliance with Applicable Laws – You must comply with all applicable laws regarding use of the Website.
Links To Other Web Sites
Our Website may contain links to third party web sites or services that are not owned or controlled by Mitsubishi Electric Automotive America, Inc.
Mitsubishi Electric Automotive America, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Mitsubishi Electric Automotive America, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may do so by sending an email from the emails address used to setup your account to ______________ with the subject line: Terminate Account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Mitsubishi Electric Automotive America, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Website.
Disclaimer of Warranty
Mitsubishi Electric Automotive America, Inc. makes no warranties whatsoever express or implied, with regard to the Website, in whole or in part, or any other matter under these Terms. You explicitly disclaim all warranties of non-infringement, merchantability and of fitness for a particular purpose. Mitsubishi Electric Automotive America, Inc. expressly does not warrant that the Website, in whole or in part, will be error free, will operate without interruption, will be compatible with any hardware or systems software configuration, or will meet your requirements.
Limitation Of Liability
IN NO EVENT SHALL MITSUBISHI ELECTRIC US, INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, BUSINESS INTERRUPTION, LOST INFORMATION, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. MITSUBISHI ELECTIC US, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Mitsubishi Electric Automotive America, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law; Dispute Resolution
These Terms shall be construed in accordance with and governed by the laws of the State of Georgia, without regard to its conflict of law provisions.
For any dispute with Mitsubishi Electric Automotive America, Inc. you agree to first contact us by phone at _________________ or e-mail_____________________ or U.S. Mail at Mitsubishi Electric Automotive America, Inc., ATTN: ______________________________________________, and attempt to resolve the dispute with us informally by providing your name, address, and contact information and describing the nature of the dispute. In the unlikely event that Mitsubishi Electric Automotive America, Inc. has not been able to resolve a dispute with you within 60 days of your original informal claim (or sooner if, in Mitsubishi Electric Automotive America, Inc.’s opinion, a dispute is not likely to be resolved within 60 days), we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Website, or the breach of these Terms (collectively, “Claims”), by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Websites (“JAMS”) located in Orange County, California. JAMS may be contacted at www.jamsadr.com and will require you to pay an initial filing fee set by JAMS (unless you successfully apply for a waiver of this fee from JAMS). All other JAMS costs associated with the arbitration will be borne by Mitsubishi Electric Automotive America, Inc. The arbitration will be conducted in Gwinnett County, Georgia, unless you request an in-person hearing where you live, or if you and Mitsubishi Electric Automotive America, Inc. agree otherwise. If the arbitrator decides in your favor, the award may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for any expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator makes an award in your favor greater than MEUS’s last written offer, MEUS will pay you the greater of the award or $500, plus your reasonable attorney’s fees, if any, and reimburse any reasonable expenses (including reasonable expert witness fees and costs) that are reasonably accrued for investigating, preparing, and pursuing your claim in arbitration, as determined by the arbitrator or as agreed to by you and MEUS. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. This waiver applies to class arbitration unless such arbitration is necessary to effectuate the enforcement of the court class action waiver or in the event that class arbitration is expressly agreed to by Mitsubishi Electric Automotive America, Inc. You agree that you and Mitsubishi Electric Automotive America, Inc. are each waiving the right to a trial by jury or to participate in a class action.
You may opt-out of the foregoing arbitration and class action/jury trial waiver provision by notifying Mitsubishi Electric Automotive America, Inc. in writing within 30 days of first accessing the website. Such written notification must be sent to Mitsubishi Electric Automotive America, Inc., ATTN: Legal, 5900-A Katella Avenue, Cypress, CA 90630, and must include (1) your name, (2) your address, and (3) a clear statement indicating that you do not wish to resolve disputes through arbitration and demonstrating compliance with the 30-day time limit to opt-out. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
If you have any questions about these Terms, please contact us at ____________________________.