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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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