This Terms of Use and General Disclaimer statement is applicable to each of several users' groups formed for owners and operators ("Users' Group") of the various gas turbines and steam turbines including related generators as well as control systems, simulators, data analytics and related software and services manufactured, provided and/or serviced by Mitsubishi Power Americas, Inc., its affiliates, parent and/or subsidiary companies as well as other Mitsubishi companies such as Mitsubishi Heavy Industries, Mitsubishi Electric, Mitsubishi Generator and their subsidiary companies (collectively referred to as "Mitsubishi").
You should carefully read the following terms and conditions before using information obtained from the Users' Group or its website ("Users' Group Web Site"), provided to the Users' Group or presented or discussed in Users' Group communications and meetings (all of the foregoing comprising "Users' Group Information"). Users' Group Information may be made available by or to other Owners and Operators, Mitsubishi or other invited presenters ("Users' Group Participants"). To the extent permitted by law, obtaining user credentials and providing or using such information acknowledges yours and your company's acceptance of these terms and conditions. If you or your company do not agree with these terms and conditions, you must not register for such user credentials or provide information to the Users' Group or use Users' Group Information.
The Users' Groups and the Users' Group Websites are coordinated from the United States of America. Persons who use the Users' Group Websites from outside the United States of America are entirely responsible for compliance with applicable local laws. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding any choice of law provisions (other than section 5-1401 of general obligation laws) that would result in the application of the laws of another state. Jurisdiction and venue with respect to any action brought before a court of law in connection with these terms and conditions shall lie in any appropriate federal court situated in the State of New York. Each party hereto acknowledges and agrees to waive any right to a trial by jury in such federal court action.
This Users' Group Web Site and the Users' Group Information may contain information which is the property of Users' Group Participants. You are specifically prohibited from providing Users' Group Information that has been provided to the Users' Group by Mitsubishi to other individuals or companies, including without limitation thereto, those who are or might be considered to be competitors of Mitsubishi, or using, copying, reproducing, distributing, altering or otherwise manipulating any Users' Group Information, in whole or in part, except for use pursuant to the published objectives of the Users' Group as posted and updated from time to time on the Users' Group Web Site, unless otherwise specifically permitted by the appropriate individual Users' Group Participant(s). You may not alter or modify the Users' Group Web Site nor give any person permission to do so. You may not provide or allow any other person who is not an employee of your company to view or gain access to this Users' Group Web Site or to obtain copies of the information posted on this Users' Group Web Site.
Violation of any of the preceding restrictions may result in termination of your privilege to use the Users' Group Web Site or otherwise participate in the Users' Group, and, in addition to any other remedies available to Users' Group Participants, subject you or your company to be held liable for damages and losses incurred by Users' Group Participants due to someone else or any other person who is not an employee of your company using your user credentials or otherwise obtaining access to Users' Group Information through such violation.
You specifically acknowledge that, to the fullest extent permissible by law, in no event shall Mitsubishi, or their principals, shareholders, officers, employees, or contractors, be liable for any direct, incidental, special, indirect, consequential, or punitive damages of any kind whatsoever relating to the use of information on this Users' Group Web Site and you specifically waive any and all claims or causes of action based on the use of information on this Users' Group Web Site.
DISCLAIMER OF WARRANTIES
THE USERS' GROUP, ITS' USERS' GROUP PARTICIPANTS AND ANY OF THEIR OFFICERS, DIRECTORS AND EMPLOYEES MAKE NO REPRESENTATIONS AND PROVIDE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED BY OR OBTAINED FROM THE USERS' GROUP, USERS' GROUP PARTICIPANTS OR THE SUITABILITY OF SUCH INFORMATION FOR ANY PURPOSE. ALL SUCH INFORMATION, DATA AND MATERIALS ARE PROVIDED "AS-IS" WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE USERS' GROUP, ITS' USERS' GROUP PARTICIPANTS AND ANY OF THEIR OFFICERS, DIRECTORS AND EMPLOYEES DISCLAIMER OF ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY USERS' GROUP INFORMATION INCLUDES DISCLAIMING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Users' Group reserves the right to make changes and improvements to Users' Group Information (including this Users' Group Terms of Use and General Disclaimer page) at any time and without notice and assumes no liability for damages of any kind incurred directly or indirectly as a result of errors, omissions or discrepancies. All risks of loss related to the use of any Users' Group Information is with the recipient and not with the Users' Group Participants or officers. This disclaimer of warranty and liability constitutes an essential part of these terms and conditions.
Discussion Boards and Information Sharing
The Users' Group Web Site contains discussion boards which allow you, your company, Users' Group Participants and other permitted parties to disclose, exchange and share information. You specifically acknowledge that, except for information disclosed by Mitsubishi, any information exchanged and shared by you, your company or other permitted parties on the discussion boards shall be deemed available to the public and shall not maintain any warranties, representations, confidential or proprietary protections. The Users' Group or Mitsubishi make no representations or necessarily share the views, thoughts, opinions or information posted by the users of the Users' Group Web Site.
Acceptable Use Policy
As a condition of your use of the Users' Group Web Site, you will not use the Users' Group Web Site for any unlawful purpose or purpose prohibited by these terms and conditions. You shall not use the Users' Group Web Site in any manner that could damage, disable, or impair the Users' Group's ability to provide the Users' Group Web Site to any other person. You shall not attempt to gain unauthorized access to any other accounts, computer systems, or network systems connected to the Users' Group Web Site. You may not attempt to obtain or obtain any other information through any means that were not intentionally made available to your company and to you through the Users' Group Web Site.
You specifically acknowledge that in no event shall the Users' Group, its' officers and its' participants, or their principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any direct, incidental, special, indirect, consequential, or punitive damages of any kind whatsoever relating to the use of Users' Group Information and you specifically waive any and all claims or causes of action based on the use of Users' Group Information.