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Terms of Use

Terms of Use

Please carefully read these Terms of Use before using the NAGASE Website (this “Website”). Your access to, and use of, this Website (and its content is strictly permissive and may be revoked or limited by NAGASE at any time for any reason or for no reason and is further conditioned upon your acceptance and compliance in full with these Terms of Use. If you do not accept these terms, you must leave this Website immediately and cease any further use of any materials you have obtained from this Website.

Copyright and Usage of Content

The copyright and other rights to the materials on this Website are owned by NAGASE and/or its parent, subsidiaries or business partners worldwide. You are authorized to view, download and print the materials on this Website only for your personal, non-commercial use provided that you 1) retain all notices contained in the original materials, 2) only use images with surrounding text relating to the images, and 3) include the following copyright notice:

© Nagase America LLC. All rights reserved.

No further publication or any commercial use may be made of the materials on this Website without the express written permission of NAGASE.

You may not make any part of this Website available as part of another web site whether by hyperlink framing on the internet or otherwise. This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of this Website or its content.

Other Terms and Notices May Apply

Additional terms and conditions will apply to business transactions conducted or any promotions run by NAGASE via this Website. Additional terms will govern any bulletin board services, chat areas and or other message or communication facilities offered via this Website.

Although these Terms of Use are intended to apply generally to all content located under NagaseAmerica.com, this Website may contain other proprietary notices and conditions of use, the terms of which must also be followed as they apply to the particular portions of this Website for which they are intended.

Other Intellectual Property Rights

Certain products and services described in this Website are marketed and sold under trademarks or trade names of NAGASE and/or its parent, subsidiaries or business partners worldwide.  These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of the owner.  In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of NAGASE and/or its parent, subsidiaries, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner.

Please note that any product, process or technology described on this Website may be the subject of other rights reserved by NAGASE and/or its parent, subsidiaries or business partners worldwide, and is not licensed for use hereunder. Where trademarks of other parties are identified, NAGASE hereby acknowledges the rights of such other parties.

Website Access

You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use this Website via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with this Website (collectively, the “Mobile Participants”). We do not represent, warrant or guarantee that all portions of this Website, or this Website as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. These mobile participants may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms of Use. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.

Disclaimers

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU “AS IS,” FOR YOUR PERSONAL INFORMATIONAL PURPOSES ONLY, AND NAGASE MAKES NO REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF SUCH INFORMATION NOR DOES NAGASE MAKE ANY OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT WILL NAGASE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES BASED ON USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF NAGASE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. NAGASE DISCLANAGASE ANY SUCH WARRANTY TO THE FULLEST EXTENT ALLOWABLE BY LAW. Some jurisdictions do not allow the exclusion of implied warranties and representations, so the above exclusions may not apply to you.

The material on this Website could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. NAGASE may make improvements and/or changes in the products and/or the programs described in this material at any time. NAGASE makes no warranties that this Website will operate uninterrupted or error free, or that any defects will be corrected.

Additionally, NAGASE makes no representations or warranties whatsoever about any other website which you may choose to access through this Website. Links provided by NAGASE to such websites are provided solely for your convenience and should not be deemed to imply that NAGASE endorses those websites or any content therein.

Submitting Information to NAGASE

You shall not submit any proprietary or confidential information to NAGASE through this Website unless you have a separate written agreement with NAGASE enabling the sharing of such information through this Website, in which case the terms of any such other written agreement shall govern such submittal. Any information that NAGASE receives through this Website will otherwise be deemed to be non-confidential. By transmitting to NAGASE information via this Website or otherwise through electronic means without a prior written agreement with NAGASE relating to your submission, you understand and agree that NAGASE may use that information for any purpose whatsoever without legal obligation to you.

Prohibited Uses

You may use this Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Website:

Additionally, you agree not to:

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF NAGASE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO NAGASE FOR ANY PRODUCTS OR SEVICES IN THE LAST THREE MONTHS]] OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USEOR THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify, and hold harmless NAGASE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claNagase, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of this Website, including, but not limited to, your User Contributions, any use of this Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from this Website.

Exclusive Jurisdiction; Governing Law

The exclusive venue for all litigation, court proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with this Website will be New York, New York.  Notwithstanding the foregoing, NAGASE reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of this Website content or any other violations hereunder.  These Terms of Use and the relationship between you and NAGASE will be governed by the laws of the State of New York, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Miscellaneous

Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.  NAGASE’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or NAGASE’s Privacy Policy is in derogation of NAGASE’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. These Terms of Use and the other documents referenced herein constitute the entire agreement between you and NAGASE with respect to this Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NAGASE with respect to this Website.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright Complaints.

The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any material uploaded, posted or otherwise transmitted through this Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated DMCA agent (“Designated DMCA Agent”).

The Designated DMCA Agent’s contact information is as follows:

Name: David Peters
Address: 546 Fifth Avenue, 19th Floor, New York, NY 10036-5000
Phone number: (323) 447-2282
Email address: legal@nagase-nam.com

Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible through this Website in violation of your copyright, you may provide our Designated DMCA Agent with a written communication as set forth in Section 512(c)(3) of the DMCA that contains substantially the following information:

Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.

Identify the URL or other specific location on this Website that contains the material that you claim infringes your copyright described in Item (i) above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.

Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Include your name, mailing address, telephone number and email address.

You may submit any notification of alleged copyright infringement to our Designated Copyright Agent by fax, mail, or email at the contact information noted above.

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on this Website is copyright infringing.

Upon receiving a proper notification of alleged copyright infringement as described in this section, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim.

Contact Address

Please direct correspondence related to this Website to:

Nagase America LLC
546 Fifth Avenue, 19th Floor
New York, NY 10036-5000

Last updated May 2020