| 1. |
Acceptance of Terms |
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The
following are the terms of use (the "Terms of Use") between you and Nidec-Shimpo
America Corporation and its "affiliates" (as defined in Section 15 of
this Agreement) (collectively, "NSAC"), that you demonstrate your acceptance
of by accessing, browsing or using this Web site ("the Site"). |
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a. |
All
text, graphics, logos, button icons, images, software, audio, video and
other content within this Site (collectively, the "Materials") is the
property of NSAC or its content suppliers, and protected by U.S. and international
copyright laws and other intellectual property protections; |
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b. |
The compilation (meaning the
collection, arrangement and assembly) of all content on this Site is the
exclusive property of NSAC, and protected by U.S. and international copyright
laws and other intellectual property protections; |
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All
software used on this Site is the property of NSAC or its software suppliers,
and protected by U.S. and international copyright laws and other intellectual
property protections; |
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d. |
The
content and software on this Site may only be used for your individual
and commercial information, education and communication, and any other
use, including the reproduction, modification, distribution, transmission,
republication, display, removal or deletion of the content on this Site
is prohibited; |
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e. |
Nothing
contained in these Terms of Use will be construed as conferring to you,
whether by implication, estoppel or otherwise, any license, title or ownership
of, or right to use, any Materials or intellectual property right of NSAC
or any third party; |
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f. |
You
may copy select portions of the Materials, provided they are only for
your personal use and maintain any notices contained in the Materials
such as copyright notices, trademark legends or other proprietary rights
notices; |
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g. |
Except
as provided in the preceding paragraph, or as permitted by the fair use
privilege under the U.S. copyright laws, you may not download, reproduce,
distribute, modify, transmit, reuse or re-post in any way Materials protected
by copyright or other proprietary right, without obtaining NSAC's prior
written permission. |
| 2. |
Restrictions on Use of Site and Proprietary Rights |
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The content on this Site is subject to the following protections: |
| 3. |
General Disclaimer |
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YOU EXPRESSLY AGREE
THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE MATERIALS HAVE BEEN
COMPILED BY NSAC FROM INTERNAL AND EXTERNAL SOURCES. WHILE NSAC HAS
ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, NO REPRESENTATION
IS MADE OR WARRANTY GIVEN AS TO THE COMPLETENESS OR ACCURACY OF THE
MATERIALS. IN PARTICULAR, YOU SHOULD BE AWARE THAT THE MATERIALS MAY
BE INCOMPLETE, MAY CONTAIN ERRORS OR MAY HAVE BECOME OUT OF DATE. YOU
SHOULD THEREFORE VERIFY INFORMATION OBTAINED FROM THIS SITE BEFORE ACTING
UPON IT.
THE INFORMATION
PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN THROUGH THIS SITE OR OTHERWISE NSAC OR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSERS OR THE
LIKE, SHALL CREATE A WARRANTY; IF YOU RELY ON ANY SUCH INFORMATION OR
ADVICE YOU DO SO AT YOUR OWN RISK. NEITHER NSAC, ITS OFFICERS, DIRECTORS
OR SHAREHOLDERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING THIS SITE OR THE CONTENT CONTAINED ON THIS SITE, SHALL
BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL AND/OR
INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS,
THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE
SITE, EVEN IF NSAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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| 4. |
Links to Third Party Web Sites and Framing |
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This Site may provide
links or references to other sites (collectively, the "Other Sites").
NSAC has no responsibility for the content of Other Sites, does not
make any representations or give any warranties regarding information
contained at Other Sites and will not be liable for any damages or injury
arising from the content of Other Sites. In most cases, NSAC does not
endorse companies or products to which it has provided links. Any links
to Other Sites are provided merely as a convenience to you. If you decide
to access any Other Sites, you do so at your own risk and NSAC may terminate
any link or linking program at any time. If access to this Site is provided
by a hypertext link located at another Web site, NSAC does not make
any representations or give any warranties regarding information contained
at these other Web sites and will not be liable for any damages or injury
arising from such content. NSAC does not endorse the individuals or
companies, or any products or materials associated with such individuals
or companies, that provide a link to this Site. Unless approved in writing
in advance by NSAC, you will not: (a) provide or create a link to this
Site; or (b) create any frames at any other Web sites relating to the
Materials.
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| 5. |
Updates |
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The Materials published
on this Site may include technical inaccuracies or typographical errors.
Changes, including, without limitation, to quoted prices, may be made
periodically without notice, as well as improvements and/or changes
in the products, services, programs or policies described in the Materials.
Additionally, NSAC may revise these Terms of Use at any time by updating
this posting on the Site. By using this Site, you will be subject to
any such revisions.
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| 6. |
On Line Conduct |
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Any conduct that
restricts or inhibits any other user from using or enjoying this Site
will not be permitted, and this Site will be used only for lawful purposes.
You are prohibited from posting on, or transmitting through, this Site
any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically,
or otherwise objectionable material of any kind, including, without
limitation, any material that infringes upon any patent, copyright,
trademark, trade secret or other proprietary right of any third party,
encourages conduct that would constitute a criminal offense, gives rise
to civil liability or otherwise violate any applicable local, state,
national, or international law. NSAC will fully cooperate with any law
enforcement authorities or court order requesting or directing NSAC
to disclose the identity or help identify or locate anyone posting such
information or materials.
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| 7. |
Copyrights and Copyright Agent |
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In an effort to
protect the intellectual property of others, NSAC may, in appropriate
circumstances and at its sole discretion, terminate access to the Site
of users who infringe the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please provide NSAC’s copyright agent (the "Copyright Agent"), with
the following information: |
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a. |
An
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; |
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b. |
A description of the copyrighted work that you claim has been infringed; |
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c. |
A
description of where the material that you claim is infringing is located
on the site; |
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d. |
Your address, telephone number and e-mail address; |
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e. |
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; |
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f. |
A
statement by you, made under penalty of perjury, that the above information
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf. |
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For notice of claims of copyright infringement, NSAC’s Copyright Agent can be reached as follows:
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| By mail: |
Attn: Copyright Agent 1701 Glenlake Avenue Itasca, Illinois 60143-1072 |
| By phone: |
(630) 924-7138 |
| By fax: |
(630) 924-7639 |
| By e-mail: |
info@shimpoamerica.com |
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| 8. |
Communications with the Site |
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Communications and
material you transmit to the Site by e-mail or otherwise, including
data, questions, comments, suggestions, or the like, are and will be
treated as non-confidential and non-proprietary, and no confidential
relationship will be established between you and NSAC. Anything you
transmit may or may not be posted to this Site at NSAC's sole discretion.
NSAC is authorized by you, but not obligated, to use any ideas, concepts,
know-how or techniques contained in any communication you send to the
Site for any purpose, including, but not limited to, facilitating the
development, manufacturing and marketing of NSAC products, and you hereby
waive and release any and all claims against NSAC that may arise out
of the subject matter of such communications. Although NSAC may from
time to time monitor or review discussion, chats, postings, bulletin
boards and the like on the Site, NSAC is under no obligation to do so
and assumes no responsibility or liability arising from the content
of any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy
contained in any information within such locations on the Site.
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| 9. |
Products and Services Availability |
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NSAC may provide
access to international information, which information may contain references
or cross references to products, programs and services that are not
currently available in your country. NSAC's provision of such references
does not mean or otherwise imply that the products, programs and services
are available in all countries. NSAC is operating in some, but not all,
markets within the United States, and may provide access to information
that contains references or cross references to products, programs and
services that are not currently available in each state. NSAC's provision
of such references does not mean or otherwise imply that the products,
programs and services are available in all states or all markets where
NSAC conducts business.
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| 10. |
Termination of Usage |
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NSAC may terminate
access to all or part of this Site without notice, for conduct that
NSAC believes is in violation of any applicable law or is harmful to
the interests of another user, a third party or NSAC.
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| 11. |
Governing Law and Jurisdiction |
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Access to and use
of this Site is governed by U.S. federal law and/or the laws of the
State of Illinois. Any legal action or proceeding relating to your access
to or use of this Site will be brought only in a state or federal court
located in DuPage County, Illinois. You and NSAC agree to submit to
the exclusive jurisdiction of, and agree that venue is proper in, these
courts in any such legal action or proceeding.
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| 12. |
Waiver |
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No delay or omission
by NSAC to exercise any right created pursuant to these Terms of Use
will impair, or act as a waiver of, such rights or a waiver of any other
rights arising under these Terms of Use.
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| 13. |
Severability |
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If any provision
of these Terms of Use is invalid under an applicable statute or law,
the provision will be deemed deleted, and the remainder of these Terms
of Use shall remain in full, force and effect.
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| 14. |
Trademark/Proprietary Rights Information |
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NSAC, the NSAC logo
and other designated product and feature names are trademarks of NSAC
or otherwise protected by NSAC, and may be used publicly only with prior
written permission from NSAC. Other logos, trademarks and service marks
are the property of their respective owners, and may be used publicly
only with prior written permission from such owners. Fair use of such
materials requires proper acknowledgment.
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| 15. |
Affiliates |
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NSAC is part of
the worldwide Nidec Group and is a wholly owned subsidiary of Nidec-Shimpo
Corporation. The term "affiliates" as used in this Site includes each
of the following entities and their corresponding Website addresses:
(a) Shimpo Drives, Inc. (www.shimpodrives.com); (b) ConeArt Kilns Incorporated;
(c) Shimpo Instruments (www.shimpoinst.com); and (d) Shimpo Ceramics
(www.shimpoceramics.com).
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| 16. |
Privacy Policy |
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Any information
obtained from you by accessing, browsing or using this Site is subject
to our privacy policy.
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