Terms of Membership of this web site set forth the terms and conditions for providing the Services (as defined below), and the rights and obligations between Nabtesco Corporation Precision Equipment Company (the “Company”) and registered users as Members (as defined below). You must read and agree to the entire Terms before using the Services.
- Article 1 Applicability
- 1. The purpose of the Terms is to set forth the terms and conditions for providing the Services and the rights and obligations between the Company and registered users as Members, and the Terms shall apply to all aspects of the relationship between Members and the Company in connection with the Services.
- 2. Any rules for use of this web site posted on this web site (the “Rules”) shall constitute an integral part of the Terms.
- 3. If there is any conflict between the Terms and the Rules or any other description of this web site, the Terms will prevail.
- Article 2 Definitions
For purposes of the Terms, the following terms have the following meanings.
- (1) “Services” means any and all services provided by the Company under this web site.
- (2) “IP Rights” means copyrights, patents, trademark rights, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
- (3) “Members” means any person or entity that has been registered as a user of the Services pursuant to Article 3 (Registration).
- Article 3 Registration
- 1. A person wishing to use the Services and to become a Member may apply to the Company for registration to use the Services by agreeing to comply with the Terms and providing certain information as specified by the Company (the “Registration Information”) in accordance with such manner as may be prescribed by the Company.
- 2. The Company shall determine whether to register a person who made an application pursuant to the first paragraph of this Article 3 (an “Applicant”) in accordance with the Company’s criteria, and shall notify the Applicant of its approval, if the Company determines to do so. The Applicant’s registration as Member shall be completed upon the notice by the Company pursuant to this paragraph.
- 3. Upon completion of the registration pursuant to the foregoing paragraph, the service agreement relating the Services shall become effective between the Member and the Company, allowing the Member to use the Services pursuant the Terms.
- 4. The Company reserves the rights to refuse registration of any Applicant without any obligation to disclose the reasons, in the event that:
(1) Any or all of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;
(2) The Applicant is a minor, adult ward, or person under curatorship or assistance, for which approval has not been obtained from such Applicant’s legal representative, guardian, curator or assistant;
(3) The Applicant was determined by the Company to constitute an organized crime group or a member thereof, corporate extortionist, or other anti-social force (“Antisocial Force”) or to have any interaction or involvement with an Antisocial Force;
(4) The Applicant was determined by the Company to have been in violation of any agreements with the Company, or to have involvement with a defaulting party of any such agreements;
(5) The Applicant has suffered any of the measures under Article 9 (Registration Cancellation); or
(6) In addition to the foregoing, the Company deems the registration inappropriate.
- Article 4 Change to Registration Information
- The Members shall promptly notify the Company of any change to the Registration Information in accordance with such manner as prescribed by the Company.
- Article 5 Password and ID Management
- 1. The Member shall be responsible for managing their password and ID for the Services in appropriate manner, and may not allow a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
- 2. The Member shall be responsible for any damage caused by inappropriate management, errors in use, third party use of Members password or ID, or other factors, and the Company shall not be responsible in any way.
- Article 6 Prohibited Actions
- When using the Services, the Member shall not conduct any of the following acts or any act that the Company determines falls under any of the following:
- (1) violate any laws or regulations or that are associated with criminal activity;
- (2) defraud or threaten the Company, other Member or other third party;
- (3) act against public order and good morals;
- (4) infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other Members or other third party;
- (5) threaten to interrupt the operation of the Services;
- (6) access or attempt to access the system or network of the Services improperly;
- (7) use the password or ID of other Member;
- (8) violate the Terms;
- (9) directly or indirectly, evoke or facilitate acts listed in the preceding items; or
- (10) other act that the Company deems to be inappropriate.
- Article 7 Suspension of the Services
- 1. The Company shall be entitled to, without any advance notice to the Members, suspend or discontinue the Services, in whole or in part, in the event that:
(1) Inspection or maintenance of the computers, systems or servers for the Services needs to be performed;
(2) Computers, systems or servers for the Services have been disrupted due to an accident;
(3) The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
(4) The Company determines that suspension or discontinuance is required for other reasons.
- 2. Under no circumstances shall the company be liable for any damages incurred by the Members arising out of any measures taken by the Company pursuant to this Article 7.
- Article 8 Ownership of Rights
- Any and all IP Rights related to this website and the Services are expressly reserved by the Company or the Company’s licensor. Nothing contained herein shall be construed as granting to the Members a license of the IP Rights owned by the Company or the Company’s licensor.
- Article 9 Cancellation of Registration
- 1. The Company may, without prior notice or demand, cancel the Members’ registration or terminate the service agreement for the Services, in the event of any of the following:
(1) The Member fails to comply with any of provisions hereof;
(2) Any of the Registration Information is found to be false;
(3) The Member has not used the Services for  year or more;
(4) The Members have not responded to inquiries from the Company or other communications requiring its response for  days or more;
(5) The Member falls under any of the subparagraphs of Article 3.4;
(6) The Member falls under any of the subparagraphs of Article 6; or
(7) In addition to the foregoing, if the Company determined that it is not appropriate for the Member to continue to use the Services.
- 2. The Company shall not be liable for any damages incurred by the Member arising out of, or in connection with, any actions taken by the Company pursuant to this Article 9.
- Article 10 Withdrawal
- 1. The Member may withdraw from the Services and cancel their registration as Members by giving notice to the Company in the procedure designated by the Company
- 2. Treatment of Registration Information after the withdrawal shall be subject to the provisions of Article 14 (Treatment of Registration Information).
- Article 11 Modification and Termination of the Services
- 1. The Company shall be entitled to, at any time, modify or terminate the Services in its own discretion. The Company shall notify in advance the Member of any intended termination by the Company of the Services.
- 2. The Company shall not be liable for any damages incurred by the Members arising out of, or in connection with, any actions taken by the Company pursuant to this Article 11.。
- Article 12 Disclaimer and Waiver of Warranties
- 1. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (including but not limited to any representation or warranty ① of fitness or suitability for a particular purpose contemplated by the Members, ② that the Services have expected functions, commercial value, accuracy, or usefulness, ③ that the use of the Members of the Services complies with the laws and regulations applicable to the Members or any internal rules established by industrial organizations, and ④ that the Services will be free of interruption or defects).
- 2. Under no circumstances shall the Company be liable for any damages incurred by the Members arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of information transmitted by the Members to the Services, deletion of the registration of the Members, loss of Registration Information or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services (“ Damages”).
- 3. The Company shall not in any way be liable for transactions, communications or disputes arising between the Members and other Members or a third party in connection with the Services or this web site.
- 4. The Company shall not be liable for Damages incurred by the Members that are attributable to the Company for any reasons whatsoever. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, FUTURE DAMAGES AND LOST PROFITS.
- Article 13 Confidentiality
- The Members shall keep confidential any and all non-public information disclosed by the Company to the Members for which the Company has imposed on the Members a confidentiality obligation in connection with the Services, unless the Members have obtained prior written approval from the Company.
- Article 14 Treatment of Registration Information
- 2. The Company may, in its sole discretion, use or make public any information or data provided by the Members to the Company as statistical information in a form that cannot identify an individual, and the Members may not challenge or dispute such use.
- Article 15 Amendments
- The Company reserves the rights to amend or change the Terms. In the event of any amendment or change to the Terms, the Company shall notify the Members thereof. If the Members use the Services, or fail to take steps to cancel their registration within  month after the notice set forth above, the Members shall be deemed to have agreed to such amendment or change to the Terms.
- Article 16 Notice
- Any inquiries with respect to the Services or other communications or notices from the Members to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Members shall be made in accordance with the procedures specified by the Company.
- Article 17 Assignment
- 1. The Members shall not assign, transfer, grant security interests in or otherwise dispose of its status under the service agreement or its rights or obligations under the Terms.
- 2. In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the service agreement, its rights and obligations under the Terms.
- Article 18 Severability
- If any provision of the Terms or part thereof is held to be invalid or unenforceable under the laws or regulations of Japan, the remaining provisions hereof shall remain in full force and effect.
- Article 19 Governing Law and 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 shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Prescribed on February 10, 2017