MITSUBISHI MOTORS NORTH AMERICA, Inc. USER AGREEMENT FOR
SERVICE INFORMATION RETRIEVAL WEBSITE

THE FOLLOWING DESCRIBES THE TERMS ON WHICH MITSUBISHI MOTORS NORTH AMERICA, Inc.
OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the User Agreement for MITSUBISHI MOTORS NORTH AMERICA, Inc. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.mitsubishitechinfo.com and the general principles for the web sites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

This site is owned and operated by MITSUBISHI MOTORS NORTH AMERICA, Inc. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of MITSUBISHI MOTORS NORTH AMERICA, Inc. ALL RIGHTS RESERVED. All software used on the site is the sole property of MITSUBISHI MOTORS NORTH AMERICA, Inc. or those supplying the software. You may use the content of this site only for the purpose specified herein or placing an order on this site and for no other purpose. All data stored on this web site is for information purposes only, and is exclusively created for Mitsubishi vehicles sold in the United States.

No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by an means without MITSUBISHI MOTORS NORTH AMERICA, Inc's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

If you have any questions, please refer to our Frequently Asked Questions within this web site.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the MITSUBISHI MOTORS NORTH AMERICA, Inc. Service Information Retrieval web site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a Mitsubishi Technical Information Subscriber.

Please note: Most underlined words and phrases are links to these pages and web sites. By accepting this User Agreement, you also agree that your use of other Mitsubishi web sites will be governed by the terms and conditions posted on those web sites. We may amend this agreement at any time by posting the amended terms on our site, and all such amended terms shall automatically be effective 30 days after they are posted. This agreement may not be otherwise amended except by in writing signed by you and an authorized officer of MITSUBISHI MOTORS NORTH AMERICA, Inc's

1. Membership Eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended MITSUBISHI MOTORS NORTH AMERICA, Inc. members. If you do not qualify, please do not use our services. Further, your MITSUBISHI MOTORS NORTH AMERICA, Inc. account and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Fees, Refunds and Services
2.1 Subscription Fees
Joining and viewing specific technical documents at MITSUBISHI MOTORS NORTH AMERICA, Inc. is on a subscription basis. Our Fees Schedule is available on our New Member Sign Up Page. We reserve the right to change our Fees Schedule at any time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on the web site. However, we may choose to temporarily change our Fees for services or promotional events and such changes are effective when we post the temporary promotional event on the home page.  We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service as directed and our web site and all applicable taxes.

2.2 Subscription Refunds
Before signing up or renewing your membership, please note we do not offer refunds after you have read our user agreement, paid for a membership and have successfully logged into the site.

If you're still not sure if this site contains the repair information you need to properly service your vehicle, then please check our Global Search page. This page will provide you with a summary of the service information available within the site for paid members.

3. MITSUBISHI MOTORS NORTH AMERICA, Inc. is a Venue.
3.1 MITSUBISHI MOTORS NORTH AMERICA, Inc. is not involved in the actual credit card transaction. It will be processed by PayPal, an independent company. As a result, we have no control over the credit approval process. PayPal will inform you if there are any issues with the credit card you provide as a new member, or a renewal. We cannot ensure that every person requesting a membership will be approved. As such, in the event you have any dispute in connection with a payment or credit matters, you are to resolve these matters with PayPal or your credit card company.

3.2 Fixed Price Marketplace. We also offer you the availability to purchase "hard copy" items at a fixed price from Helm, Inc. This area is a venue that allows users to find and purchase items from the vendor at a fixed price.

3.3 Identity Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, MITSUBISHI MOTORS NORTH AMERICA, Inc. cannot and does not confirm each user's purported identity. Thus, we have established a database that will keep record of your identity, username, id, shop name and address. This information is considered private and will be only be used by Mitsubishi Technical for the purpose of subscription services on this site. Your personal information is never shared with any parties outside of Mitsubishi Technical without first obtaining your permission.

4. Your Personal Profile
4.1 Definition. "Your Information" is defined as any information you provide to us in the registration process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

4.2 Restricted Activities. Your Information and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers.

4.3 License. Solely to enable MITSUBISHI MOTORS NORTH AMERICA, Inc. to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. MITSUBISHI MOTORS NORTH AMERICA, Inc. will only use Your Information in accordance with our Privacy Policy.

5. Your Account
If you use this site, you are responsible for maintaining the confidentially of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. MITSUBISHI MOTORS NORTH AMERICA, Inc. and its affiliated reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

6. Risk of Loss
All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

7. Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the MITSUBISHI MOTORS NORTH AMERICA, Inc. site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Much of the information on our site is updated on a real time basis and is sole property of MITSUBISHI MOTORS NORTH AMERICA, Inc. You agree that you will not copy, reproduce, alter, modify, create derivative works, reproduce for sale, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of MITSUBISHI MOTORS NORTH AMERICA, Inc.

8. Privacy
We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principal. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

9. No Warranty
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

MITSUBISHI MOTORS NORTH AMERICA, Inc. is not responsible for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof resulting from the use of this web site. MITSUBISHI MOTORS NORTH AMERICA, Inc. is not responsible for any damage to user's computer system or software related to or resulting from participation or downloading any materials from this web site.

10. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). MITSUBISHI MOTORS NORTH AMERICA, Inc. IS IN NO WAY RESPONSIBLE FOR ANY DAMAGES, PHYSICAL, MENTAL, OR MECHANICAL, TO YOU OR YOUR PARTIES RELATING TO YOUR USE OF THIS WEB SITE, ANY INFORMATION YOU OBTAIN FROM THIS WEB SITE, ANY MATERIALS YOU PURCHASE FROM THIS WEB SITE, OR IN THE REPAIR OF A MITSUBISHI VEHICLE.

THE INFORMATION PROVIDED IN THIS WEB SITE IS THE SAME CONTENT AS PROVIDED BY MITSUBISHI MOTORS NORTH AMERICA, Inc. TO ITS AUTHORIZED DEALERS. IT MAY CONTAIN ERRORS, WHETHER IT BE TYPOGRAPHICAL OR TECHNICAL. ANY DISCREPENCIES MAY BE REPORTED TO MITSUBISHI VIA THE CONTACT US PAGE.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, without limitation, direct, indirect, compensatory, special, incidental, punitive, or consequential. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

12. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and sale of items.

13. Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including by not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from MITSUBISHI MOTORS NORTH AMERICA, Inc. to either a foreign national or a foreign destination in violation of such laws.

14. No Agency
You and MITSUBISHI MOTORS NORTH AMERICA, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to MITSUBISHI MOTORS NORTH AMERICA, Inc. Attn: Service Technical Resources Group; 6400 Katella Ave, Cypress, CA 90630 (in the case of MITSUBISHI MOTORS NORTH AMERICA, Inc.) or to the email address you provide to MITSUBISHI MOTORS NORTH AMERICA, Inc. during the registration process (in your case). Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MITSUBISHI MOTORS NORTH AMERICA, Inc. during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

16. Arbitration: Governing Law
The terms of this agreement shall be governed by the laws of the State of California. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by MITSUBISHI MOTORS NORTH AMERICA, Inc. to collect our fees and/or recover damages for, or obtain an injunction relating to, the MITSUBISHI MOTORS NORTH AMERICA, Inc. site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Either you or MITSUBISHI MOTORS NORTH AMERICA, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California necessary to protect the rights or property of you or MITSUBISHI MOTORS NORTH AMERICA, Inc. pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may seek to recover attorney's fees and costs that are reasonable.

17. Disclosures
The services hereunder are offered by MITSUBISHI MOTORS NORTH AMERICA, Inc. , located at 6400 Katella Ave, Cypress, CA 90630. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are described on our New Member page.

18. Sales Tax
Mitsubishi has posted the subscription rates, which includes sales tax.

19. Warnings and Cautions
Please review our Warnings and Cautions page before proceeding with any repair procedures.

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