The Terms of Membership (hereinafter referred to as the “Terms”) of this website （https://precision.nabtesco.com/ and https://rv-support.nabtesco.com/ including succeeding websites; hereinafter collectively referred to as this “Website”) managed by Nabtesco Corporation Precision Equipment Company (hereinafter referred to as the “Company”) set forth the terms and conditions for providing the Services (as defined below) on this Website and the rights and obligations between the Company and Members (as defined below). Members are required to read and agree to the entire Terms before using this Website.
- Article 1 Application
- 1. The purpose of the Terms is to set forth the terms and conditions for providing the Services on this Website and the rights and obligations between the Company and Members for using this Website. The Terms shall apply to all aspects of relationships between Members and the Company in connection with the use of this Website.
- 2. Any rules for use of this Website the Company posts on this Website shall constitute an integral part of the Terms.
- 3. If there is any conflict between the Terms and rules referred to in the preceding paragraph or other descriptions of this Website other than those in the Terms, the provisions of the Terms shall prevail and apply.
- Article 2 Definitions
As used in the Terms, the terms below shall have the meanings defined below, respectively.
- (1) The term “Services” means any and all services provided through this Website.
- (2) The term “IP Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (including rights to obtain or apply for registration of such rights).
- (3) The term “Member(s)” means a natural or juridical person that has been registered as a member of this Website pursuant to Article 3 (Registration).
- Article 3 Registration
- 1. A person wishing to use the Services and become a Member may apply to the Company for registration to use the Services by agreeing to comply with the Terms and providing the Company with certain information specified by the Company (hereinafter referred to as the “Registration Information”) in accordance with such manner as may be prescribed by the Company.
- 2. The Company shall determine whether or not to register a person that applied for registration pursuant to paragraph 1 in accordance with the Company’s criteria, and shall notify the person of its approval if the Company determines to do so. Such person’s registration as a Member shall be deemed to have been completed upon sending such notice to the person.
- 3. Upon completion of registration pursuant to the preceding paragraph, the service agreement related to the Services shall become effective between a Member and the Company, and the Member shall be allowed to use the Services in accordance with the Terms.
- 4. The Company may refuse the registration as a Member of a person that applied for registration, without any obligation to disclose the reason, in the event that:
(1) Any or all of the Registration Information provided by the person is found to be false, inaccurate or omitted;
(2) The person is a minor, an adult ward, or a person under curatorship or assistance, for whom approval has not been obtained from the person’s legal representative, guardian, curator or assistant;
(3) The person was determined by the Company to be an organized crime group, a member or an associate member of such group, any person affiliated with such group, corporate extortionist, or any other antisocial force (hereinafter referred to as “Antisocial Forces”) or have any interaction or involvement with Antisocial Forces;
(4) The person that applied for registration was determined by the Company to be in violation of any agreement with the Company or have involvement with a defaulting party of such agreement in the past;
(5) The person was subject to any action set forth in Article 9 (Cancellation of Registration); or
(6) The Company determines that it is inappropriate to register the person as a Member for other reasons.
- Article 4 Changes to Registration Information
- Members shall promptly notify the Company of changes to the Registration Information, if any, in accordance with such manner as may be prescribed by the Company.
- Article 5 Password and ID Management
- 1. Members shall be responsible for managing and keeping safe their passwords and IDs for the Services in an appropriate manner, and shall not allow a third party to use the same, or rent, transfer, change the name of, sell or otherwise dispose of the same to or for a third party.
- 2. Members shall be liable for any loss or damage caused due to inappropriate management, any error in use or third party’s use of their passwords or IDs or other reasons, and the Company shall not be liable therefor in any way.
- Article 6 Prohibited Acts
- When using the Services, Members shall not conduct any act that falls under or is determined by the Company to fall under any of the following:
- (1) violate any laws or regulations or act in association with criminal activity;
- (2) defraud or threaten the Company, or any other user of the Services or third party;
- (3) act against public order and good morals;
- (4) infringe the IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Company, or any other user of the Services or third party;
- (5) act in a manner likely to interrupt the operation of the Services;
- (6) access or attempt to access any network or system of the Company improperly;
- (7) use the ID or password of any other user of the Services;
- (8) violate rules for use of the Services posted on this Website;
- (9) directly or indirectly evoke or facilitate acts listed in the preceding items; or
- (10) otherwise act as determined by the Company to be inappropriate.
- Article 7 Suspension of the Services
- 1. The Company shall be entitled to, without any advance notice to Members, suspend or discontinue the Services, in whole or in part, in the event that:
(1) Inspection or maintenance work is carried out on computers, systems or servers for the Services;
(2) Computers, systems or servers for the Services have been down due to an accident;
(3) The Company becomes unable to provide the Services due to a force majeure event such as an earthquake, lightning, fire, storm and flood damage, power blackout or any other natural disaster; or
(4) The Company determines that suspension or discontinuation is required for other reasons.
- 2. Under no circumstances shall the Company be liable for any loss or damage suffered by any Member as a result of action taken by the Company pursuant to this Article.
- Article 8 Ownership of Rights
- Any and all IP Rights in or to this Website and the Services belong to the Company or the person that grants the Company a license. Grant of the right to use the Services pursuant to the Terms shall not be construed as granting any license to the IP Rights of the Company or the person that grants the Company a license in relation to this Website or the Services.
- Article 9 Cancellation of Registration
- 1. The Company may, without prior notice or demand, cancel a Member’s registration or terminate the service agreement for the Services with a Member in any of the following events:
(1) The Member violates any of the provisions of the Terms;
(2) Any of the Member’s Registration Information is found to be false;
(3) The Member has not used the Services for one (1) year or more;
(4) The Member has not responded to inquiries from the Company or other communications requiring responses for thirty (30) days or more;
(5) The Member falls under any of items of Article 3, paragraph 4;
(6) The Member falls under any of items of Article 6; or
(7) The Company determines that it is inappropriate for the Member to continue to use the Services for other reasons.
- 2. Under no circumstances shall the Company be liable for any loss or damage suffered by the relevant Member as a result of the action taken by the Company pursuant to this Article.
- Article 10 Withdrawal
- 1. Members may withdraw from the Services and cancel their registration as Members by giving notice to the Company in such manner as may be prescribed by the Company.
- Article 11 Modification and Termination of the Services
- 1. The Company shall be entitled to modify or terminate the Services for its convenience. The Company shall notify Members in advance of any intended termination of the Services.
- 2. Under no circumstances shall the Company be liable for any loss or damage suffered by any Member as a result of the action taken by the Company pursuant to this Article.
- Article 12 Non-Warranty and Disclaimer
- 1. The Company makes no warranties that the Services will be fit for a particular purpose of any Member or have expected functions, commercial value, accuracy or usefulness, that the use of the Services by any Member will comply with laws and regulations applicable to the Member or any internal rules established by industrial organizations, and that the Services will be free of interruption or defects.
- 2. Under no circumstances shall the Company be liable for any loss or damage suffered by any Member as a result of the discontinuance, suspension, termination, unavailability or modification of the Services by the Company or the deletion or loss of any information registered by any Member for the Services, or otherwise in relation to the Services.
- 3. The Company shall not in any way be liable for transactions, communications, or disputes arising in connection with the Services or their use between any Member and another Member or a third party.
- 4. The Company shall not be liable for damages incurred by any Member even if the Company is held liable therefor for any reason. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
- Article 13 Confidentiality
- Members shall keep confidential any and all non-public information disclosed in connection with the Services to the Members by the Company requesting that they should treat such information as confidential information, and shall not disclose or leak such information to any third party, unless Members obtain prior written approval from the Company.
- Article 14 Treatment of Registration Information
- 2. The Company may, at its sole discretion, use or make public any information or data provided to the Company by Members, as statistical information in a form that does not allow identification of an individual, and the Members shall not raise objections to such use or publication.
- Article 15 Amendments to the Terms
- The Company shall be entitled to amend the Terms. In the event of any amendment to the Terms, the Company shall notify Members of the details of the amendment. If Members use the Services, or fail to take steps to cancel their registration within one (1) month after such notice, those Members shall be deemed to have agreed to the amended Terms.
- Article 16 Notice
- Any inquiries about the Services or other communications or notices from Members to the Company, or notices concerning any amendment to the Terms or other communications or notices from the Company to Members shall be made in such manner as may be prescribed by the Company.
- Article 17 Assignment of Status under Agreement
- 1. Members shall not assign, transfer or provide as security to any third party, or otherwise dispose of their status under the service agreement or their rights or obligations under the Terms.
- 2. If the Company transfers its business regarding the Services to another company, the Company shall be entitled to transfer to the transferee of the business transfer along with such transfer its status under the service agreement and its rights and obligations under the Terms, as well as the Registration Information of Members and all other information. Members shall hereby be deemed to have agreed to such transfer in advance. The business transfer referred to above in this paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.
- Article 18 Severability
- Even if any provision of the Terms or part of the provision is held to be invalid or unenforceable under laws and regulations, the remaining provisions of the Terms or the remaining part of the provision partially held to be invalid or unenforceable shall remain in full force and effect.
- Article 19 Governing Law and Court with Jurisdiction
- 1. The Terms and the service agreement shall be governed by the laws of Japan.
- 2. Any and all disputes arising out of or in connection with the Terms or the service agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance as agreed upon by Members and the Company.
Established on December 26, 2016
Revised on September 28, 2022