Terms of Use

Introduction and Acceptance of Terms and Conditions

Your access to and use of this Website ("Website" or "this site") is subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification. Hitachi Consulting Corporation ("Hitachi Consulting") reserves the right to modify these terms and conditions at any time, without notice to you, and such modifications shall be effective immediately upon posting. You agree to periodically review these terms and conditions to be made aware of such modifications, and your continued use of this site shall be recognized as your conclusive acceptance of any future modifications. 

Restrictions on Use

The content available on this Website including, but not limited to, the text and images contained herein and their arrangement, is the property of Hitachi Consulting or its licensors and providers and is protected by copyright, trademark and other intellectual property laws. You obtain no rights whatsoever in the Website or its content (including any ownership rights), by or through your use of the Website, and nothing contained in this site shall be construed as conferring by implication, estoppel or otherwise any license or right to any copyright, patent, trademark or other proprietary right of Hitachi Consulting or any third party. Content received or accessed through this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may be displayed, downloaded or printed for your personal, non-commercial use only, provided that you make no alterations of any kind and that the copyright notice found at the bottom of this page is clearly displayed in all copies. By using this site, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to any party without the express prior written consent of Hitachi Consulting. You may not post any content from this site to newsgroups, mailing lists, social media websites or any similar program or site without the express prior written consent of Hitachi Consulting. Neither the information on this site nor your use of the site creates a business or professional services relationship between you and Hitachi Consulting. Note that any program, publication, design, product, process, software, technology, information, know-how, or idea described in this Website may be subject to other rights, including other intellectual property rights, which are owned by other interested parties and are not licensed to you hereunder.

Downloadable Software

This Website may contain downloadable software. Unless a separate license exists for such software (either from Hitachi Consulting or another provider) you agree to use the software in accordance with these Terms of Use, including the restrictions on use set out in the section entitled Your Use of the Website.  If a separate license applies to such software, you will be bound by the terms and conditions of such license.

Warranty Disclaimer and Limitation of Liability

This Website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subjects. Accordingly, the Hitachi Consulting Website is not intended and shall not be deemed to constitute legal, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action that might affect your personal finances or business, you should consult a qualified professional adviser.

This Website and the content are not to be construed as any form of recommendation, promotion, endorsement or an offer to sell any product or service by Hitachi Consulting.  You are not obligated under these Terms of Use to purchase or otherwise acquire any product or service from Hitachi Consulting, and you should apply your own judgment in your Website use, including the use of any content as the basis for any conclusions or for the purchase of any product or service or any other transactions.  Nothing in these Terms of Use prohibits or restricts Hitachi Consulting from commercially offering any product or service, and Hitachi Consulting may modify or discontinue such product or service at any time.

The content of this site is provided "as is," and Hitachi Consulting and its content licensors expressly disclaim all express and implied warranties with respect to this Website or any site, information, service or product accessible through this site, including, but not limited to warranties of accuracy, completeness or timeliness, merchantability, non-infringement or fitness for a particular purpose, that this site is free from viruses, worms, Trojan horses and the like, or that this Website will be error-free or will meet any particular criteria of performance or quality.

Your use of this Website or any information contained in or accessible through this Website is at your own risk. You assume full responsibility and risk of loss resulting from the use of this Website and information. Neither Hitachi Consulting nor any of its affiliates, or its or their officers, directors, employees, representatives, agents or licensors shall be liable to you or anyone else for any loss or injury resulting directly or indirectly from your use of, or inability to make use of, this site, or the information contained in or accessible through this site, whether or not caused in whole or part by its or their negligence or contingencies beyond its or their control in procuring, compiling, interpreting, reporting, providing or delivering this site and any content through this site. In no event will Hitachi Consulting or its affiliates, or its or their officers, directors, employees, representatives, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such content or this site. Hitachi Consulting and its affiliates, and its and their officers, directors, employees, representatives, agents and licensors, shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, punitive or similar damages), in contract, tort (including negligence), statute or any other legal theory, even if advised of the possibility of such damages.  The limitations set forth herein shall apply notwithstanding the failure of any limited remedy of its essential purpose.

Translations

Portions of this Website may be available in multiple languages. The text found in the non-English versions of this site may have been translated, either by person or by computer software with no human oversight. Hitachi Consulting makes no claim or commitment regarding the accuracy or thoroughness of said translations, whether completed by person or computer. Further, the terms and conditions found on this page apply in their entirety to any translated version of this site.

Third Party Links

Certain links on this site lead to information or resources maintained by third parties over whom Hitachi Consulting has no control, including, without limitation, websites maintained by Hitachi Ltd, or other subsidiaries of Hitachi Ltd. and their respective affiliates. Hitachi Consulting makes no express or implied judgment or warranties as to the accuracy or any other aspect of, and takes no responsibility for, such sites, information or resources. A link to another site or service is not and does not imply any endorsement by Hitachi Consulting of the linked site or service, even if it may contain the Hitachi Consulting logo. Any use you make of the information provided on any site or services linked to by this site is at your own risk. If you have a dispute or claim in relation to a linked site, you release Hitachi Consulting and its directors, officers, employees, agents and contractors from any and all such disputes and claims. If you are a California resident, you waive California Civil Code §1542.  You may not create on any website a link to any page of Hitachi Consulting's Website without Hitachi Consulting's prior written consent.

Your Use of the Website

As a condition of your use of this Website, you acknowledge your responsibility to fully comply with the laws governing the jurisdiction from which you are accessing this site and you further agree that you will not access or make use of the content found on this site in violation of such laws.  You further agree that you will comply with all U.S. laws, regulations, and requirements applicable to export of U.S. origin products, software and technology and prohibit their use, sale or re-export if you know, or have reason to know, that such products and technology are for use in connection with the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles. Furthermore, you will comply with any law from other jurisdictions that regulate import/export of information/data/know-how which may be applicable to you. Hitachi Consulting makes no representation that the content of this Website is appropriate or available for use in locations outside the United States of America, and your accessing the content from locations where such content is illegal is strictly prohibited. If you chose to access this Website from locations outside of the United States, you do so at your own initiative and are responsible for compliance with local laws.

By your use of this site and by your submission of any information, personal or non-personal, you acknowledge that the Internet is a global network of computers, that any information submitted by you to Hitachi Consulting is necessarily carried via third party computers to Hitachi Consulting, that Hitachi Consulting is not liable for improper use of, or breach of security with respect to, your information by a third party, whether intentional or non-intentional, and that Hitachi Consulting does not assume liability for improper use of your information by a third party. Hitachi Consulting provides no guarantees that any reported problems with this site or its use will be recognized or solved by Hitachi Consulting, even if Hitachi Consulting decides to investigate the cause or substance of a reported problem further.

Without limiting the foregoing, by using or accessing this Website, you agree not to:

  • Restrict, inhibit, or disrupt any other party's free use of this Website;
  • Use any device, software, or technique to disable, harm, overburden, or impair this Website or any Hitachi Consulting server or server system, or otherwise interfere with the proper working of this Website or any Hitachi Consulting server or server system;
  • Use any device, software or technique to intercept any system, data or personal information from the Website;
  • Disguise the origin of the information transmitted through the Website;
  • Use or access any software, content or information available through the Website in a manner not expressly permitted by Hitachi Consulting;
  • Other than as expressly permitted in these Terms of Use, commercially exploit any content in any form, or incorporate any content into any information retrieval system, whether electronic or mechanical;
  • Post, deliver or transmit into or on this Website any information or software that constitutes or contains a virus, bug, worm, Trojan horse, or other harmful or disruptive element;
  • Reverse compile, reverse engineer, reverse assemble, transmit, display, or decompile any of the content contained in this Website;
  • Post on or transmit to this site any unlawful, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information, material or comments of any kind;
  • Use any device or technology to provide repeated automated attempts to access password-protected portions of the Website;
  • Impersonate or misrepresent your identity or business affiliation;
  • Engage in the sending of any mass e-mail messages (also known as "spamming" ) to Hitachi Consulting or its employees, contractors or third parties;
  • Use the content in any manner whatsoever that, directly or indirectly, would derogate from or otherwise reduce the good repute of Hitachi Consulting and/or the content, because you acknowledge that the content has acquired a valuable secondary meaning and goodwill within the public;
  • Take any action which imposes an unreasonable or disproportionately large load on Hitachi Consulting's infrastructure, as determined solely by Hitachi Consulting; or
  • Redeliver any of the content of this Website using "framing", hyperlinks, or other technology or process without Hitachi Consulting's express written permission.

You agree to indemnify, defend and hold harmless Hitachi Consulting, Hitachi, Ltd., and other providers against any and all liabilities, claims, damages, costs or other expenses (including attorneys' fees, costs, expenses, and expert witness fees) that arise directly or indirectly out of or from (i) your breach of these Terms of Use, or (ii) your use of this Website.

Your Submission of Information

By your use of this Website, you acknowledge that Hitachi Consulting has the right, but not the obligation, to monitor this Website and to disclose any information necessary to operate the Website, to protect Hitachi Consulting, it affiliates, subsidiaries, licensors, and clients, and to comply with legal obligations or governmental requests. Hitachi Consulting reserves the right to refuse to post or to remove any information on the Website, in whole or in part, for any reason.  Hitachi Consulting also reserves the right to prohibit any user who, in Hitachi Consulting's sole discretion, violates these Terms of Use, from use of this Website and related services and content (such prohibition may occur without notice to the user). You warrant that any information (other than personal data, discussed below) you may transmit to Hitachi Consulting through its Website does not infringe, misappropriate or violate any intellectual property rights or applicable law.

Hitachi Consulting does not desire unsolicited idea submissions through this Website. In order to protect the business interests of our clients and ourselves, we must treat the issue of such submissions very seriously. Absent a signed, clearly defined business affiliation between Hitachi Consulting and you, the ideas or information present in such submissions will be treated as non-confidential and non-proprietary and the use of such ideas or information will be at the sole discretion of Hitachi Consulting, without limitation or qualification. Hitachi Consulting reserves the right to use such information in any way it chooses without compensating you or accounting to you, and you represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. By submitting such information, you give Hitachi Consulting an unlimited, irrevocable, worldwide, transferable, royalty-free license to use, execute, show, modify, copy, reproduce, distribute, exploit, sublicense (through multiple tiers) transmit, and prepare derivative works of such information, including any underlying idea, concept or know-how.  Hitachi Consulting agrees to use your information in accordance with its Privacy Statement (if any) applicable to personally identifiable user data.

Miscellaneous

Hitachi Consulting reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires or as required by law. Hitachi Consulting in its sole discretion may add, delete or change the content of this Website (including in respect of the products, services and offerings referred to on the Website) at any time, without notice to you. You acknowledge that Hitachi Consulting has no obligation to update this Website, and that there is a possibility that the content of this Website may be out of date. Hitachi Consulting maintains this site in Texas, U.S.A. and you agree that these Terms of Use and any legal action or proceeding relating to this site shall be governed by the laws of the State of Texas without reference to its choice of law rules, and shall be brought only in the state or federal courts serving Dallas, Texas, regardless of where in the world you are located or from where in the world you visited this site. In any action to enforce these terms and conditions, the prevailing party will be entitled to its costs, reasonable attorneys' fees, and expenses, including expert witness fees. You acknowledge that any breach by you of these terms and conditions will cause irreparable damage to Hitachi Consulting and its affiliates and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal and equitable remedies, Hitachi Consulting and its affiliates will be entitled to necessary injunctive relief for any breach of these terms and conditions.  Any cause of action by either party must be undertaken within one (1) year after the use of the Website relating to such cause of action, or within one (1) year of discovery of a breach or violation of these Terms of Use if such breach or violation could not reasonably be discovered prior to such time, or forever be waived and barred.

In the event that any of the provisions of these  Terms of Use will be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be limited or eliminated to the minimum extent necessary, so that these Terms of Use will otherwise remain in full force and effect and enforceable.  These Terms of Use constitute the entire and only agreement between Hitachi Consulting and you pertaining to the subject matter hereof, and is intended to be a complete and absolute integration of the agreement between the parties. Concerning the subject matter hereof, any and all prior written agreements, representations, understandings, and warranties (collectively, "Understandings") and all contemporaneous or prior oral Understandings between the parties are expressly superseded, cancelled, and replaced by these Terms of Use. Each Website use by you will constitute and be deemed your unconditional acceptance of These Terms of Use, regardless of whether you review these Terms of Use prior to such Website use or not. These Terms of Use and all information relating to your use of the Website are properly authenticated documents and may be given full evidentiary weight, if submitted in evidence by Hitachi Consulting or you.  

Hitachi Consulting may terminate your access to this Website or content or any Website use rights, in its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice, even if the access and use continues to be allowed to others. Without limiting the previous sentence, Hitachi Consulting may suspend or stop your access to this Website if you do not comply with these Terms of Use and when investigating potential misconduct. If the agreement formed by these Terms of Use is terminated, you agree to cease all use of this Website and, upon request by Hitachi Consulting, to return or destroy all information in your possession relating to the Website, and all copies thereof, rendering such information no longer accessible to you.  All sections of these Terms of Use that are reasonably capable of surviving will survive their expiration or termination. No expiration or termination of These Terms of Use will release you from any obligation to pay Hitachi Consulting any amount that has accrued and become payable at or prior to the date of expiration or termination. 

You will not assign or transfer any interest in these Terms of Use, whether by merger, consolidation, operation of law, or otherwise without the prior written consent of an authorized executive officer of Hitachi Consulting.  Hitachi Consulting has the right to transfer, subcontract or otherwise deal with Hitachi Consulting's rights and obligations under this Agreement without notifying you or obtaining your consent.  No delay or omission to exercise any right or remedy accruing to Hitachi Consulting upon any breach or default by you will impair that right or remedy, or be construed to be a waiver of any breach or default, unless contained in an express writing executed by an authorized officer of Hitachi Consulting. All article or section headings, or exhibit names, are for reference and convenience only and will not be considered in the interpretation of the Terms of Use.  You and Hitachi Consulting are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.  If these Terms of Use conflict with a provision of any other contract between you and Hitachi Consulting relating to the Website, the provision in such other contract will govern.  The obligations of either you or Hitachi Consulting under these Terms of Use (other than payment obligations) will be suspended, to the extent that the party is hindered or prevented from performing its obligations by acts of God, fires, storms, accidents, governmental regulations or any cause whatsoever, which is not within that party's reasonable control.  Subject to applicable laws, these Terms of Use do not create any third party beneficiary rights.

The software and documentation available on the Website are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and related documentation, as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.

Trademark Information

"Hitachi Consulting" and the Hitachi Consulting logo are service marks of Hitachi, Ltd.  Other Hitachi trademarks used on the Website are trademarks or service marks of Hitachi, Ltd. and/or the applicable Hitachi group company in the United States and other countries. All other trademarks or service marks referenced in this site are the property of their respective owners. Nothing on this Site should be construed as granting any license or right to use the trademarks displayed on this Site, whether by implication, estoppel or otherwise. Misuse of any trademark or any associated content displayed on this Website is prohibited.​