Effective: February 1, 2021
USE OF WEBSITE
"Authorized Users": Access to certain features of our sites may be limited to authorized users ("Authorized Users") who have registered with us to create a user account ("User Accounts"). Authorized Users may be subject to additional terms specific to the site or the Services offered. If registration is required, you agree that all information you provide will be accurate, current and complete, and you will keep such information up to date. You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account. We reserve the right to reject or otherwise terminate access for any user at any time.
"Customer" means the person or entity (i) who has subscribed to the Nitto Services with us, and/or with respect to whom Nitto has agreed to provide Services; and (ii) has specifically authorized you as an Authorized User to access Nitto Services.
"Data Controller" means an entity that has the authority over the processing of personal information. This entity controls the use of personal data by determining the purposes for its use and the manner in which the data will be processed. The Customer, Authorized User, or you serve as the Data Controller responsible for decisions regarding content provided by Customer ("Customer Content") stored, processed, or otherwise transmitted on the Site or through the use of Nitto Services.
"Data Processor"means an individual or organization that processes data on behalf of the Data Controller. In connection with the processing of Personal Data, Nitto serves as a Data Processor in furtherance of decisions by the Customer, Authorized User, or you regarding the processing of such data.
"GDPR" means the Global General Data Protection Regulation otherwise known as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
"Personal Information" means any information that identifies, relates to, describes, could be reasonably linked with, or could be used to identify you or your household. Examples include your name, address, date of birth, email address, or other data collected through utilizing our Website, products or services. It may also include other information that may be associated with your Personal Information, such as your preferences or interests, or Usage Data (defined below).
"Prohibited Content" means content that: (i) is illegal under applicable law; (ii) violates any third party's intellectual property rights, including, without limitation, copyrights, trademarks, patents, and trade secrets; (iii) contains indecent or obscene material; (iv) contains libelous, slanderous, or defamatory material, or material constituting an invasion of privacy or misappropriation of publicity rights; (v) promotes unlawful or illegal goods, services, or activities; (vi) contains false, misleading, or deceptive statements, depictions, or sales practices; (vii) contains elements which will cause harm to, or prevent use of, the Website, cause harm to Nitto's servers, or any third party devices accessing the site, corrupt, or interfere with use of the site by others, or the like ("Destructive Elements"); or (viii) is otherwise objectionable to Nitto in its sole discretion.
"Services" means the services provided by Nitto under any applicable Contract or Agreement. Such Services are provided by Nitto to the Customer, Authorized User, or you.
"Usage Data" includes information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
CONSENT FOR DATA COLLECTION AND USE
Disclaimer of Warranties and Limitation of Liability
Nitto will use reasonable efforts to include accurate and up-to-date information on this site but makes no warranties or representations of any kind as to its accuracy, currentness or completeness of the information presented on this Website. All information presented on this Website is provided "AS IS". You agree that access to and use of this site and the content thereof is at your own risk. Nitto disclaims all warranties, express or implied, including any and all warranties of merchantability or fitness for a particular purpose. Nitto also disclaims all warranties, express or implied of non-infringement to the full extent permitted by applicable law
Neither Nitto nor any party involved in creating, producing or delivering this Website shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this site, or any errors or omissions in the content thereof. This limitation includes damages to your computer equipment or for any malicious software ("malware") such as viruses, worms, Trojans, and other malware that may infect your devices or computer equipment.
Any information on this Website as of any particular date may or may not be accurate as of that date and Nitto disclaims any responsibility to update such information or the accuracy of such information. Nitto shall not be held responsible for any action taken that is based on the information presented on this Website, and all users of this Website agree that all access and use of this Website, and any and all content presented on this Nitto Website, is at the user's own risk.
It is to be understood by all users of this Website that neither Nitto nor any of its Directors, Officers, agents, consultants or affiliates shall be liable in any way for any direct, incidental, consequential, indirect, or punitive damages arising out of any user's access, use, or inability to use this Nitto Website, the Services or products, or any inaccuracies, errors or omissions in the content or any dated content of or on this Website.
THIRD PARTY WEBSITES AND LINKS
INTELLECTUAL PROPERTY RIGHTS
Nitto respects the intellectual property rights of others and prohibits our users from using our Services that violate those rights. Nitto also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Nitto will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site. Nitto has the right to prevent access to, and remove any posting you make on, our site in our sole discretion. The views expressed by other users on our site do not represent our views or values.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the site or the Services ("submissions"), provided by you to us are not confidential and shall become the sole property of Nitto. Nitto shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any transmissions or submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We respect copyright law. Under the U.S. Digital Millennium Copyright Act ("DMCA") copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Website infringe on your copyright, please provide notice to our designated agent at:
Attention: IP Counsel
400 Frank W. Burr Blvd., 2nd Flr., Ste. 66
Teaneck, NJ 07666
Any DMCA notice filed with our designated agent must contain the following:
1. Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work's title, author, URL, or other information.
2. Sufficient information allowing us to identify and locate the allegedly infringing material.
3. Your contact information, including your address, telephone number, and email address, so that we may contact you.
4. A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.
6. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your rights.
The Nitto company name and logos and all product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Nitto, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use, reproduction, copying, redistribution use, or misuse of these trademarks or any other materials, without the written permission or authorization of Nitto, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Nitto actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The entire contents of this Website, including any images, photos, pictures, graphics or text are subject to and protected by copyright. The contents of this Website may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, images, photos, pictures, graphics, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such information, images, photos, pictures, graphics, text or documents, without the express written consent of Nitto. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark, or other intellectual property right of Nitto, or any third party.
Thus, in consideration for your agreement to these terms and conditions, Nitto grants you a very limited personal, non-exclusive, non-transferable license to access and use this Website. You may download material from this Website only for personal, non-commercial use, and this Website may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of Nitto. It is the policy of Nitto to enforce its intellectual property rights to the fullest extent permitted under law. Therefore, the use or misuse of the trademarks, service marks, logos, trade names, trade dress, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.
VOID WHERE PROHIBITED
This Website and its contents are intended to comply with the laws and regulations in the jurisdictions in which Nitto operates. This site may link to other sites produced by Nitto's operating divisions and subsidiaries, and those sites may have information that is appropriate only to that particular originating country. Nitto reserves the right to limit provision of its products or Services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or Services we provide. Any offer for any product or Services made on this Website is void where prohibited.
OTHER INFORMATION RIGHTS
As a Data Processor under applicable privacy law, including the GDPR, Nitto is committed to responding to requests regarding the processing of Personal Data. To the extent technically feasible, Nitto will, without undue delay, respond to:
a) Requests for Information. Nitto will assist with Data Subject requests to Data Controllers or requests sent directly to Nitto to obtain confirmation whether his/her Personal Information is being processed.
(b) Requests for Access to Data. Nitto will assist with identifying and providing a copy of Personal Information undergoing processing. A reasonable administrative fee may apply to the processing of such requests.
(d) Objection to Processing. In connection with valid Data Subject objections to processing related to direct marketing, or to objections to other specific legitimate interest or public interest grounds, Nitto will, without undue delay, evaluate whether continued processing on behalf of a Customer, Authorized User or you is appropriate, and may suspend processing until such determination is made and the request is resolved.
(3) Requests for Erasure. If Personal Information processed is no longer necessary for the purpose for which it was collected, or if Data Subject consent to processing is withdrawn, or if an objection is raised to the legitimate interests of a Data Controller (Customer, Authorized User, you) in processing the Personal Information, or if the data is otherwise unlawfully processed, Nitto will respond to requests without undue delay from Data Subjects to have their data erased. If technically not feasible to erase, Nitto will take the Personal Information offline, and/or will restrict access to the data to prevent further use of the data.
CROSS-BORDER/INTERNATIONAL USE OF DATA
The Website is provided on an "AS IS" and "WHERE IS" basis, without any warranty. Nitto makes no representations or warranties in connection with the site, including, but not limited to, the quality, suitability, truth, accuracy or completeness of any content, information, product or Services contained on the site, and expressly disclaim all conditions, representations and warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. Nitto does not represent or warrant that the site is error free or free of any malware such as viruses or other harmful components, or that defects will be remedied. Nitto does not warrant or represent that the content will be correct, accurate, error-free, timely or otherwise reliable. Nitto does not guarantee that our site, or any content on it, will always be available or be uninterrupted. Nitto may suspend, withdraw, discontinue or change all or any part of our site without notice. Nitto may make improvements and/or changes to features, functionality or content on the site at any time.
Nitto will not be liable to you if for any reason our site is unavailable at any time or for any period. Nitto will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or due to your downloading of any content from it, or on any site linked to it. Nitto disclaims to the fullest extent permitted by law all responsibility for any loss, injury, claim, liability, or damage of any kind whether in contract, tort, breach of statutory duty, or otherwise, including, but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including, but not limited to, your use of the site or your inability to use the site, even if we have previously been advised of the possibility of such damages or such damages were foreseeable.
Nitto will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage resulting from your use of the site. In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law.
We take no responsibility and assume no liability for any content provided by you, another user, or third party through our Services. Nitto is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.
PROHIBITED USE/UNLAWFUL ACTIVITY
When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.
CALIFORNIA RESIDENTS: EXERCISING YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PROTECTION ACT
GOVERNING LAW AND DISPUTE RESOLUTION
Please carefully read this provision, which applies to any dispute between You and Nitto.
In the event of any concern or dispute between You and Nitto that cannot be resolved informally, please send Nitto a written notice to Nitto, Inc., c/o Legal, 400 Frank W. Burr Blvd., 2ndFlr., Ste. 66, Teaneck, NJ 07666 via registered mail, certified mail, or other mail with return receipt requested, with an email copy to email@example.com, describing the nature of the dispute and the relief sought. Written notice shall be recognized only have we have received your notice at our above postal address.
If it is not resolved within 60 days, Nitto and You agree that any dispute arising out of or relating to any aspect of the relationship between us will not be decided by a judge or jury, but instead by a single arbitrator in an arbitration administered by the American Arbitration Association ("AAA"). This includes claims arising out of this Agreement, including claims related to statements about our products. Alternatively, You may opt out of arbitration as described below.
The AAA Consumer Arbitration Rules will apply. We will pay all AAA fees for any arbitration. The arbitration will occur in Manhattan County, New York. To learn more about the Rules and how to begin arbitration, You may call any AAA office or go to www.adr.org.
The arbitrator may only resolve suits between You and Nitto on an individual basis. The arbitrator cannot award relief for anyone who is not a party and may not consolidate claims. In other words, You and Nitto may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
If You prefer, You may instead take your individual dispute to small claims court.
How to Contact Us:
400 Frank W. Burr Blvd., 2nd Flr., Ste. 66
Teaneck, NJ 07666
Product support requests: firstname.lastname@example.org
Other requests: email@example.com