NIWAKA USA, INC.
TERMS OF USE
Date: July 27th, 2015
This Website ("Website") is owned and edited by NIWAKA USA, INC., ("NIWAKA USA") a company located in the State of California.
- 1. WEBSITE TERMS OF USE
- Use of the Website is subject to the following Website Terms of Use ("Terms"). NIWAKA USA may revise these Terms from time to time by updating this page, with the revised Terms taking effect for all users as of the date stated above. Consequently, you should consult the Terms regularly.
- Please read these Terms carefully before using the Website. By entering the Website, you expressly acknowledge you are aware of and have had access to the Terms. By using the Website, you signify your assent and agreement to these Terms. If you do not agree to these Terms, you are not authorized to continue access of the Website.
- 2. USE OF MATERIALS ON THIS WEBSITE
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All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, hereinafter referred to as “the Content”), is the exclusive property of and owned by NIWAKA USA, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Content on the Website, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive with NIWAKA USA, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website, as it may be updated from time to time. NIWAKA USA reserves the right to remove any person from this Website or prohibit any person from using this Website for any reason whatsoever. NIWAKA USA, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time at NIWAKA USA's sole discretion. NIWAKA USA neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with NIWAKA USA.
You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. NIWAKA USA reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which NIWAKA USA may be entitled at law or in equity.
- 3. DISCLAIMER
- NIWAKA USA tries to ensure the information provided is accurate and complete. HOWEVER, NIWAKA USA DOES NOT WARRANT OR REPRESENT THAT THE CONTENT IS ACCURATE, ERROR-FREE, OR RELIABLE OR THAT USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. USE OF THE CONTENT IS AT USERS' RISK.
- NIWAKA USA DOES NOT WARRANT THAT THE FUNCTIONAL AND/OR TECHNICAL ASPECTS OF THE WEBSITE OR THE CONTENT WILL BE ERROR FREE OR THAT THIS WEBSITE, THE CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF USE OF THIS WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, NIWAKA USA IS NOT RESPONSIBLE FOR THOSE COSTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO USERS "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. NIWAKA USA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE CONTENT, SOFTWARE TEXT, DOWNLOADS, GRAPHICS, OR LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE.
- NIWAKA USA DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND NIWAKA USA SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
- YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
- SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, AND THEREFORE THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, TO THE EXTENT, IF ANY, SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
- 4. PRIVACY PROTECTION
- NIWAKA USA’s privacy policies explain how we treat your personal information and protect your privacy when you use this Website. By using this Website, you agree that NIWAKA USA can use such information in accordance with our privacy policies.
- 5. TRADEMARK NOTICE
- In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on this Website are registered, unregistered or otherwise protected NIWAKA USA trademarks, or are licensed for use by NIWAKA USA by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without NIWAKA USA's prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
- 6. COPYRIGHT NOTICE
- All Content is either Copyright © NIWAKA USA or is licensed for use by NIWAKA USA. All rights reserved.
- Please refer to the Section 2 of these Terms, “Use of Materials on this Website.”
- 7. LINKS & LINKING
- This Website may contain links to other websites, some of which are operated by NIWAKA USA or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. NIWAKA USA is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
- 8. LIMITATION OF LIABILITY
- Under no circumstances whatsoever shall NIWAKA USA be liable for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to (a) the Website, (b) the Content, or (c) any damage to any user's computer, mobile device, or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if NIWAKA USA has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Website).
- By accessing the Website, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- 9. GENERAL PROVISIONS
- Unless otherwise specified, the Content is presented solely for the purpose of promoting NIWAKA USA's products and services. NIWAKA USA makes no representation that the Content is appropriate or available for use in every country of the world. Your use of the Website is at your own risk, and you are responsible for your compliance with applicable local laws, keeping in mind that access to the Content may not be legal by certain persons or in certain countries.
- Any cause of action you may have with respect to these Terms must be commenced within one year after the claim or cause of action arises.
- Neither the course of conduct between the parties nor trade practice will act to modify the Terms.
- The Terms do not confer any third-party beneficiary rights.
- Unless otherwise expressly provided, nothing on the Website constitutes any offer or invitation to conduct business in any jurisdiction, and any implied offers are expressly disclaimed.
- 10. APPLICABLE LAW, JURISDICTION AND SEVERABILITY
- The Terms shall be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms, including the validity, invalidity, breach or termination thereof, shall be adjudicated in the State of California.
- The waiver by NIWAKA USA of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
- For any action at law or in equity relating to these Terms, you agree to resolve any dispute you have with NIWAKA USA exclusively in a state or federal court located in California and to submit to the personal jurisdiction of the courts located in California for the purpose of litigating all such disputes.
- If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. NIWAKA USA's failure to insist on or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
- 11. ENTIRE AGREEMENT
- The Terms constitute the entire agreement between you and NIWAKA USA and governs your use of the Website, superseding any prior agreements between you and NIWAKA USA.