PLEASE READ THIS USER AGREEMENT AND THESE
TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Your use of this site is
expressly conditioned on your acceptance of the following terms and conditions.
By using this site, you signify your assent to these terms and conditions. If
you do not agree with any part of the following terms and conditions, you must
not use this site.
1. OWNERSHIP. This site, and each of its modules,
together with the arrangement and compilation of the content found on this site,
is the copyrighted property of NKK Switches, Inc. Nothing contained on this site
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of the Trademarks without the written permission of
NKK Switches, Inc., or such other party that may own the Trademarks.
2.
USE OF SITE. NKK Switches, Inc. grants you a limited, non-transferable license
to use this site in accordance with the terms and conditions of this User
Agreement. This site and the content provided in this site, including the text,
graphics, button icons, audio and video clips, digital downloads, data
compilations and software, may not be copied, reproduced, republished, uploaded,
posted, transmitted or distributed without the written permission of NKK
Switches, Inc., and/or its third party providers and distributors, except that
you may download, display and print the materials presented on this site for
your personal, non-commercial use only. You may not use any "robot," "spider" or
other automatic device, or a program, algorithm or methodology having similar
processes or functionality, or any manual process, to monitor or copy any of the
Web pages, data or content found on this site, in any case without the prior
written permission of NKK Switches, Inc. You agree that you will not transmit or
otherwise transfer any Web pages, data or content found on this site to any
other computer, server, Web site, or other medium for mass distribution or for
use in any commercial enterprise. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the proper working
of this site. You agree that you will not take any action that imposes a burden
or load on our infrastructure that NKK Switches, Inc. deems in its sole
discretion to be unreasonable or disproportionate to the benefits NKK Switches,
Inc. obtains from your use of the site. Unauthorized use of this site and/or the
materials contained on this site may violate applicable copyright, trademark or
other intellectual property laws or other laws. You must retain all copyright
and trademark notices, including any other proprietary notices, contained in the
materials, and you must not alter, obscure or obliterate any of such notices.
The use of such materials on any other Web site or in any environment of
networked computers is prohibited. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. In addition, you are
prohibited from posting or transmitting any information which (a) infringes the
rights of others or violates their privacy or publicity rights, (b) is protected
by copyright, trademark or other proprietary right, unless with the express
written permission of the owner of such right, (c) contains a virus, bug or
other harmful item, or (d) is used to unlawfully collude against another person
in restraint of trade or competition. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, or other proprietary
right, or any other harm resulting from your use of this site.
3. AGE
AND RESPONSIBILITY. If you use this site, you are responsible for maintaining
the confidentiality of your account information and your password. You agree to
accept responsibility for all activities that occur under your account or
password. You represent that you are of sufficient legal age to use this site
and to create binding legal obligations for any liability you may incur as a
result of the use of this site. You understand that you are financially
responsible for all uses of this site by you and those using your login
information.
4. PRIVACY. You have read the NKK Switches, Inc. Privacy
Policy, the terms of which are incorporated herein, and agree that the terms of
such policy are reasonable. You consent to the use of your personal information
by NKK Switches, Inc. and/or its third party providers and distributors in
accordance with the terms of and for the purposes set forth in the NKK Switches,
Inc. Privacy Policy.
5. REVIEW OF TRANSMISSIONS. NKK Switches, Inc. may,
from time to time monitor and review any information transmitted or received
through this site and reserves the right to sensor, edit, remove or prohibit the
transmission or receipt of any information that NKK Switches, Inc. deems
inappropriate or in violation of these terms and conditions. During monitoring,
the information may be examined, recorded or copied, and your use of this site
constitutes your consent to such monitoring and review. You agree that if you
submit suggestions, ideas, comments or questions or post any other information
on this site, you grant NKK Switches, Inc. and its affiliates a worldwide,
non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content in any form, media or
technology. NKK Switches, Inc. takes no responsibility and assumes no liability
for any content posted or submitted by you.
6. EXCLUSION OF WARRANTY.NKK
SWITCHES, INC. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY
OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL
OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. NKK SWITCHES, INC. AND ANY THIRD
PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND
SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE. NEITHER NKK SWITCHES, INC. NOR ANY THIRD
PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY
E-MAIL SENT FROM NKK SWITCHES, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. NKK
SWITCHES, INC. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY
DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
IN NO EVENT SHALL NKK SWITCHES, INC. OR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY
WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY
FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE
ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE
PERFORMANCE OR NON PERFORMANCE BY NKK SWITCHES, INC. OR ANY THIRD PARTY
PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
8.
INDEMNIFICATION. You shall defend and indemnify NKK Switches, Inc. and any third
party providers and distributors and their officers, directors, employees and
agents from and against any claim, cause of action or demand, including without
limitation reasonable legal and accounting fees, brought by or on your behalf in
excess of the liability described herein or by third parties as a result of your
use of this site.
9. LINKS. This site contains links to other Web sites
which are provided solely as a convenience to you and not as an endorsement by
NKK Switches, Inc., its third party providers or distributors of the contents of
such other Web sites. None of NKK Switches, Inc. or any third party provider or
distributor shall be responsible for the content of any other Web sites and make
no representation or warranty regarding any other Web sites or the contents or
materials on such Web sites. If you decide to access other Web sites, you do so
at your own risk.
10. RELATIONSHIP. The relationship between NKK
Switches, Inc. and you will be that of independent contractors, and neither of
us nor any of our respective officers, agents or employees will be held or
construed to be partners, joint ventures, fiduciaries, employees or agents of
the other.
11. ATTORNEY'S FEES. If NKK Switches, Inc. or its affiliates
take any action to enforce this User Agreement and these terms and conditions,
such parties will be entitled to recover from you, and you agree to pay, all
reasonable and necessary attorney's fees and any cost of litigation, in addition
to any other relief, at law or in equity, to which such parties may be entitled.
12. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted
violation of any of this User Agreement and these terms and conditions will
cause such damage to NKK Switches, Inc. as will be irreparable, the exact amount
of which would be difficult to ascertain and for which there will be no adequate
remedy at law. Accordingly, you agree that NKK Switches, Inc. shall be entitled
as a matter of right to an injunction issued by any court of competent
jurisdiction, restraining such violation or attempted violation of these terms
and conditions by You, or Your affiliates, partners, or agents, as well as
recover from You any and all costs and expenses sustained or incurred by NKK
Switches, Inc. in obtaining such an injunction, including, without limitation,
reasonable attorney's fees. You agree that no bond or other security shall be
required in connection with such injunction.
13. TERMINATION. NKK
Switches, Inc. may terminate this User Agreement and these terms and conditions
and/or the provision of any of the services at any time for any reason,
including any improper use of this site or your failure to comply with these
terms and conditions. Such termination shall not effect any right to relief to
which NKK Switches, Inc. and its third party providers and distributors may be
entitled, at law or in equity. Upon termination of this User Agreement and these
terms and conditions, all rights granted to you will terminate and revert to NKK
Switches, Inc. and its third party providers or distributors, as applicable.
14. ASSIGNMENT. You may not assign, convey, subcontract or delegate your
rights, duties or obligations hereunder.
15. MODIFICATION. NKK Switches,
Inc. may at any time modify these terms and conditions and your continued use of
this site will be conditioned upon the terms and conditions in force at the time
of your use.
16. ADDITIONAL TERMS. Additional terms and conditions may
apply to reservations, purchases of goods and services and other uses of
portions of this site, and you agree to abide by such other terms and
conditions.
17. SEVERABILITY. These terms and conditions shall be deemed
severable. In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provisions.
18.
HEADINGS. The headings used in this User Agreement are included for convenience
only and will not limit or otherwise affect the terms and conditions herein.
19. ENTIRE AGREEMENT. This User Agreement, together with any terms and
conditions incorporated herein or referred to herein constitute the entire
agreement between us relating to the subject matter hereof, and supersedes any
prior understandings or agreements (whether oral or written) regarding the
subject matter, and may not be amended or modified except in writing or by
making such amendments or modifications available on this site.
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