Legal Disclaimers

The content including without limitation texts, photographs and any other materials and information (“Contents”) contained within this site are solely owned by or licensed by Nichino America, Inc. (“NAI”). All rights reserved. You may use, copy, download or print the Contents of this site only for personal and/or noncommercial use subject to the terms and conditions provided hereinbelow and all applicable laws. Use of this site in itself represents your consent to those terms and conditions.

This site is designed to provide general information about NAI and its products. The Contents are not intended to provide instructions on the use of the products supplied by NAI. Please contact NAI directly for specific advice and instructions regarding our products.

WHILE NAI USES REASONABLE EFFORTS TO MAINTAIN THE CONTENTS OF THIS SITE ACCURATE AND UP-TO-DATE, THIS SITE IS PROVIDED TO THE USER”AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

The access to and/or use of this site is at the user’s own risk. NAI is not responsible for and disclaims any liability for any damages, including without limitation, direct, indirect, incidental and consequential damages, alleged to have been caused by or in connection with the access to and/or use of this site. Except as otherwise specifically provided, nothing contained herein shall be construed as conferring any license or right under any patent, trademark or copyright of NAI or any third party.

NAI may modify and/or discontinue operation of all or any portions of this site at any time at its sole direction, without prior notice and assumes no responsibility to keep and/or update this ate. NAI shall not be required to respond to e-mails or other communications.

Any links to third party sites do not constitute an endorsement by NAI and NAI is not responsible for the availability of these sites or their contents. The linking to these sites is at the user’s own risk.

Any claims or suits associated with this site or its use shall be governed and constructed in accordance with the laws of Japan.

This Terms of Use Agreement (“Agreement”) is between you (“You” or “Your”) and Nichino America, Inc. (“Nichino” or “Company”). In consideration of the right to access and use the Company’s website www.nichino.net (“Website”), and the information offered on the Website, You agree to the terms and conditions of use set forth in this Agreement.

1. Company’s Control Over Website.
(a) Company has the right, but not the obligation, to monitor the use of the Website and its content.
(b) Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Amendments to the Agreement will take effect immediately upon being posted to the Website, and Your continued use of the Website constitutes Your acceptance thereof.
(c) Company may change, suspend or discontinue any aspect of the Website at any time. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.

2. Intellectual Property Rights.
(a) The Website is protected by copyright under United States copyright laws. The Nichino trademark, product names, logo, slogans, and other distinctive designs are owned by Company, are protected by applicable law, and may not be copied or used without Company’s prior written consent. All materials contained within the Website (the “Content”) are protected by copyright and are owned or controlled by Company and or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.
(b) You may download, make copies of, or otherwise reproduce the Content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that You maintain all copyright and other notices contained in such Content. Copying, otherwise reproducing, or storing of any Content for other than Your personal, noncommercial use is expressly prohibited without the prior written consent of the Company.

3. Privacy.
Use of the Website is subject to the terms of the Privacy Policy incorporated herein by reference. Company reserves the right, in its sole discretion, to change the Privacy Policy, in whole or in part, at any time. Amendments to the Privacy Policy will take effect immediately upon being posted to the Website, and Your continued use of the Website constitutes Your acceptance thereof.

4. Idea Submission Policy and Your Communications to Nichino.
Except as otherwise provided under our Privacy Policy concerning personally identifiable information, if you forward or transmit to Company through the Website, by electronic mail or otherwise any suggestions or material, including any questions or answers, ideas, comments, suggestions, or the like, such information will be treated as non-confidential and non-proprietary. Furthermore, Company is free to use any ideas or concepts contained in any communication you send to Company for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

5. Your Covenants.
(a) You represent that You shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: are unlawful,  violate or infringe the rights of third parties, or contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information.
(b) You further promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. You may not link to the Website in any manner that would bypass Company’s home page. You may not “frame” the Website or any portion thereof.

6. Your Acknowledgments.
(a) You acknowledge that any and all materials, content and information (collectively, “Information”) provided by You in the course of using the Website becomes the sole property of the Company, including all intellectual property rights therein. The Company may use and disclose the Information for any purpose, subject to the Company’s Privacy Policy.
(b) You acknowledge that transmissions to and from this Website may be read or intercepted by third parties.
(c) You acknowledge that Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that Company shall not be held responsible or liable for any third party site.

7. Disclaimer of Warranty.
THE INFORMATION PROVIDED WITHIN THE WEBSITE IS PROVIDED “AS IS”. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITE OR ITS LINKS AND IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ITS CONTENT. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANYTHING CONTAINED WITHIN THE WEBSITE OR ITS LINKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8. Limitation of Liability.
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE EXCEED TEN DOLLARS.

9. Indemnification.
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from Your violation of the terms of this Agreement

10. Notices.
Except as explicitly stated otherwise, any notices shall be given by e-mail to www.nichino.net (in the case of Company) or to the e-mail address You provided to Company during Your use of the Website, or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

11. Termination.
The Company may, with or without cause, immediately terminate this Agreement, and deny You access to the Website. Without limiting the foregoing, Company has the right to immediately terminate Your right to access the Website in the event that You breach this agreement or engage in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, You will no longer be authorized to access the contents of the Website. In the event of termination, the restrictions imposed on You with respect to material downloaded, copied or otherwise reproduced from the Website, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive.

12. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the federal or state courts located in New Castle County, Delaware.

13. Miscellaneous.
This Agreement constitutes the entire understanding between Company and You with respect to Your use of the Website. You may not assign this Agreement. If any provision this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

1. Our Policy.

Nichino America, Inc. (“Nichino,” “we,” or “us”) respect and understand our website (the “site”) users’ concerns about confidentiality and privacy and we take reasonable steps to ensure that any information you give us is handled in a safe and responsible manner. Because of our respect and understanding, we have developed this policy which discloses the privacy practices of Nichino and describes the information we collect about you during your use of our site and what use we may make of that information.

It is important to remember that by using our site, you agree to the terms of this policy. Because the technology in this area is expanding and improving at such a rapid pace, we suggest that you refer to this policy on a regular basis as it may change, at any time in Nichino’s sole discretion, in order to allow us to take advantage of any technological advances or for business purposes or legal reasons.

2. Information That We May Collect.

We collect your information in different areas of our site. The exact information collected varies depending on the areas of our site that you use. We collect all information that you voluntarily disclose in the course of using our site. When you complete any forms on the site, we may require that you provide us with your name, address, e-mail address and telephone number. Additionally, we may ask for other information, and you may voluntarily disclose information in an email to us. In the future, we may require further information as dictated by the nature of the goods and services that we may offer.

In the course of using our site, we automatically track certain information about you. This information includes the URL that you just came from (whether this URL is on our site or not), which URL you go to next (whether this URL is on our site or not), what browser you are using, and your Internet Protocol (IP) address. Many sites automatically collect this information. We do not collect or use this information to create a profile about you. We may decide to use cookies on certain pages of our site. Cookies can help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our site. Most cookies are “session cookies,” meaning that they are automatically deleted at the end of a session.

We use Google Analytics to collect data on how users use and interact with our website, such as the parts of the website searched, the number of pages visited, the length of each session, and any error messages, to evaluate and help improve Nichino.net.  We may also record certain information provided while using our website.  This information allows us to understand our customers’ behaviors and needs more accurately. Google Analytics uses cookies. For more information on these cookies and how Google uses the data collected through this service, go to http://www.google.com/policies/privacy/partners.

To opt out of being tracked through Google Analytics, you can use Google’s opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.

3. Our Use of Your Information.

We internally use personally identifiable information to improve our goods and services, to statistically analyze site usage, to improve our content, to customize our site’s content and layout and for other customer service purposes. We believe these uses allow us to improve our site and better tailor it to meet our users’ needs. We may also disclose or use personally identifiable information to investigate and respond to any violations of our website Terms of Use.

We may also use personally identifiable information to deliver information that, in some cases, is targeted to your needs and interests, such as promotional e-mails, targeted banners and promotions. If you supply us with your e-mail or mailing address, you may receive occasional mail from us announcing services, product information, promotional events or updates to our website. If you do not wish to receive such mailings, please send us an e-mail to info@nichino.net indicating your e-mail address or mailing address as applicable and asking us to remove you from our mailing list.

4. Our Disclosure of Your Information.

We do not sell, lend or rent any personally identifiable information about you to any third party outside of Nichino, its parent, affiliates, subsidiaries, authorized agents, operating companies and other related entities. We only disclose information to third parties when it is reasonably necessary in order to allow us to provide information, goods or services that have been requested by users.

In the event our company is ever sold, we reserve the right to transfer ownership of our e-mail list and other personally identifiable information to the acquiring company. Should this happen, we will instruct the new owners of the company to contact users via e-mail to notify you of the change.

We cooperate with all law enforcement inquires and with all third parties to enforce, the rights of others and any federal, state or local law or regulation. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials, including any government officials, as we, in our sole discretion, believe necessary or appropriate.

Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access files, transmissions or private communications. Therefore, although we use industry standard practices to protect personally identifiable information, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

5. Third Party Collectors of Information.

Our policy only addresses the use and disclosure of information we collect from you. To the extent that your information is disclosed to third parties, whether our clients, service providers, advertisers or other sites throughout the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. These third parties adhere to their own privacy customs and policies. Because we do not control the privacy policies of third parties, you are subject to the privacy customs and policies of that third party. We do not make any representations or warranties as to how such third parties may use your information.

6. Contacting the Site.

If you have any questions about this Privacy Policy, or if you would like to change or remove your personal information, you can e-mail us at info@nichino.net. Additionally, you can contact us by writing to:

Nichino America, Inc.
c/o website
4550 Linden Hill Road, Suite 501
Wilmington, DE 19808