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Terms and Conditions

Last updated: June 27, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nippon Shokken U.S.A. Inc., 2970 Ramco St, Sacramento, CA 95691.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Us regarding Your use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Nippon Shokken, accessible from https://www.nipponshokken.com/

  • You means the individual, a company or legal entity accessing or using the Service, and each of its respective heirs, assigns, successors, and affiliates.

Acknowledgment

These Terms of Service (“Terms”) govern Your access to and use of the Website, mobile application or other online service where these Terms are posted (collectively, the Website). By clicking an Accept, Register or similar button or icon, connecting to the Website through a third party such as Facebook or by accessing, browsing, or using the Website in any manner, You agree to be bound to these Terms and our Privacy Policy, whether or not You registered with the Website.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You should not use or access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

The Service and its original content features and functionality are the exclusive property of the Company and its licensors.

Except where explicitly provided for herein or on the Website, You shall not republish any portion of the Content in any manner whatsoever nor incorporate the Content in any medium. You also shall not distribute any Content to others, whether or not for payment or other consideration, and You shall not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content.

You shall not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website nor insert any code or product or manipulate the Content or the Website in any way, and shall not use any data mining, data gathering or extraction method.

Our trademarks and trade dress shall not be used in connection with any product or service without Our prior written consent which We may grant/deny in our sole discretion.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all such damages shall be limited to 100 USD.

To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, contractors and agents or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any of your intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error or bug free or that any errors or defects can or will be corrected and that any virus or malware will be removed.

Without limiting the foregoing, neither the Company nor our cloud service Providers such as Amazon Web Services (AWS), Google Cloud Platform, Microsoft Azure, etc.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

International Users

The Website is controlled, operated and administered by Us from our office in Sacramento, California. We make no representation that materials or Content available through the Website are appropriate or available for use outside California or the United States.

Discontinuation of Service

We may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any portion of the Content at any time, without notice or liability. We may deny Your access at any time for no or any reason in our sole discretion. In addition, We may at any time transfer rights and obligations under these Terms to any Affiliate.

Statute of Limitations

To the extent allowed by law, You agree to file any claim regarding any aspect of this Website or these Terms within six months of the time in which the events giving rise to such claim began, or Your claim is barred.

CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

This Section is intended to be interpreted broadly and governs all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose under these Terms or any prior and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

We each agree to resolve all disputes as follows:

Initial Dispute Resolution

Our Customer Support Department is available at the address noted below to address all concerns You may have regarding the Service. Our Customer Support Department is able to resolve most concerns quickly. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Customer Support Department and good faith negotiations, which shall be a condition to either party initiating a lawsuit.

The parties may agree to mediate the dispute should no resolution be reached with our Customer Support Department.

Class Action Waiver

The parties further agree that any legal action shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason then the parties shall be deemed to have not agreed to litigate the issue on a class basis.

Changes to This Section

Any changes to this section will be made in the same manner as described in the Modifying these Terms section above; however, such changes will only become effective thirty (30) days after the revised Effective Date of these Terms and only will apply prospectively to claims arising after the thirtieth (30th) day. If a court decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed herefrom and the court shall apply the Class Action Waiver section in existence after You began using the Website.

Survival

This Class Action Waiver section shall survive any termination of Your account or the Website.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and in any manner. If we determine that a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: