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| 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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