A customer (hereinafter referred to as “end user”) can use the products listed on the Service by Nakamura-Tome Precision Industry Co., Ltd. (hereinafter “our company”) via “NT Update”.
Article 1 (Application)
1. The purpose of the Terms is to stipulate the conditions for supplying the Service and the rights and obligations between our company and the end user regarding the use of the Service, and this shall apply to all relationships between the end user and our company connected with the use of the Service.
2. When the contents of the Terms are different from the explanations of the Service outside of the Terms, the provisions of the Terms shall prevail.
Article 2 (Definition)
The following terms used in the Terms shall have the meanings set below.
(1) The term “NT Update” means a service provided by our company to the end user to assist them in applying for products and managing their contracts.
(2) The term “the Service” means the service “NT Update” provided by our company. (If the name or content of the service is changed for any reason, the term includes the service after such change.)
(3) The term “service use contract” means the contract for the use of the Service between our company and the end user, which is concluded under the Terms.
(4) The term “intellectual property rights” means copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights. (The term includes the right to acquire such rights or to apply for registration of such rights.)
(5) The term “end user” means individuals, companies, and other entities that use the “NT Update” and order the products.
Article 3 (Providing Area)
The Service shall be provided in the following countries.
・the United States of America
Article 4 (Registration)
1. A person who wants to use the Service (hereinafter “registration applicant”) can apply for registration of the use of the Service by agreeing to abide by the Terms and providing certain information (hereinafter “registered matters”) to our company in a manner determined by our company.
2. We determine whether or not to register a registration applicant who has applied for registration in accordance with the company’s criteria and in accordance with Section 1. When we approve the registration, we shall notify the registration applicant of such approval. The registration of the registration applicant as the end user shall be completed upon notification from our company in this section.
3. When the registration is completed in the preceding section, the service use contract is established between the end user and our company, and the end user can use the Service in accordance with the Terms.
4. If the registration applicant falls under any of the following circumstances, we can refuse registration or re-registration and shall not be obligated to disclose any reason for such refusal.
(1) If there are any falsehoods, errors, or omissions in all or part of the registration information provided to our company
(2) If the registration applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant
(3) If we determine that the registration applicant is an anti-social force (meaning an organized crime group, a member of an organized crime group, a right-wing group, an anti-social force or any other similar person) or is involved in any interaction or involvement with an anti-social force, such as cooperating or participating in the maintenance, operation or management of an anti-social force, through funding or other means
(4) If we determine that the registration applicant has violated a contract with our company in the past or is related to a person who has violated the contract
(5) If the registration applicant has received the measures set forth in Article 10
(6) If we determine that the registration is not appropriate for any other reason
Article 5 (Change of Registration Information)
The end user shall notify our company of any change in the registration information without delay in a manner determined by our company.
Article 6 (Password and User ID Management)
1. We determine the identity of the end user only by the password and user ID. Also, when the Service is used with the password and user ID, the end user is deemed to be using the Service.
2. The end user shall be responsible for the proper management and storage of the password and user ID of the Service, and shall not allow a third party to use, rent, give, transfer, change the name of, sell, or otherwise dispose of the password and user ID.
3. The end user shall be responsible for any damages caused by inadequate management of the password or user ID, errors in use, or use by a third party.
Article 7 (Prohibitions)
In using the Service, the end user shall not engage in any of the following acts, or any act that we determine to fall under any of the following.
(1) Acts that violate laws and regulations or are related to criminal acts
(2) Use of the Service outside of the providing area specified in Article 3
(3) Use of the Service in a country other than the country registered in the registration information
(4) Fraud or threats against our company or third parties
(5) Acts contrary to public order or morality
(6) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, reputation, or other rights or interests of our company or third parties
(7) Transmitting information through the Service to the servers of our company or the Service that falls under any of the following, or that we determine to fall under any of the following
・Information containing computer viruses or other harmful computer programs
・Information containing expressions that defame or discredit our company or third parties
(8) Imposing excessive load to the Service’s network or system, etc.
(9) Acts that may interfere with the operation of the Service
(10) Unauthorized access to our network or system, etc.
(11) Impersonation of a third party
(12) Using the IDs or passwords of other users of the Service
(13) Acts that cause disadvantage, damage, or discomfort to our company, other users of the Service, or third parties
(14) Provision of benefits to anti-social forces, etc.
(15) Acts that directly or indirectly cause or facilitate the acts described in the preceding items
(16) Attempting the acts described in the preceding items
(17) Other acts that we determine inappropriate
Article 8 (Stop of the Service)
We shall be able to stop or suspend provision of all or part of the Service without previous notice to the end user in any of the following cases.
(1) In case of urgent inspection or maintenance of the computer system related to the Service
(2) When the Service cannot be operated due to computer or communication line failure, mishandling, excessive concentration of access, unauthorized access, hacking, etc.
(3) When the Service cannot be operated due to force majeure such as earthquake, lightning, fire, flood, wind, power outage, natural disaster, etc.
(4) In any other cases where we determine it necessary to stop or suspend the Service
Article 9 (Attribution of Rights)
All intellectual property rights related to our website and the Service belong to our company or to those who have granted a license to our company. The license agreement of the Service under the Terms does not imply an approval for use intellectual property rights related to our website or the Service of our company or those who have granted a license to our company.
Article 10 (Deletion of Registration)
If the end user falls under any of the following items, we can suspend the end user from using the Service temporarily or delete the registration of the end user without previous notice or peremptory notice.
(1) If the end user violates any of the articles of the Terms
(2) If the registration information is found to be false
(3) If the end user has not used the Service for more than 12 months
(4) If the end user has not responded to our inquiries or contact requesting an answer for more than 30 days
(5) If the end user falls under any of the items of Article 4-4
(6) In any other cases where we determine it necessary to suspend the end user from using the Service or delete the registration of the end user
Article 11 (Withdrawal)
1. After completing the procedures specified by our company, the end user can withdraw from the Service and delete the registration of the end user.
2. The handling of user information after withdrawal from membership shall be in accordance with the provisions of Article 15.
Article 12 (Change or Termination of the Service)
1. We can change the contents of the Service or terminate provision of the Service at our convenience.
2. If we terminate provision of the Service, we shall notify the user in advance.
Article 13 (Warranty Disclaimer)
1. We make no warranty, express or implied, that the Service suits to a specific purpose of the end user, that the Service has the expected functionality, commercial value, accuracy, and usefulness, that the use of the Service by the end user complies with the laws and regulations applicable to the end user or the internal rules of the industry association, and that the Service is continuously available and free from defects.
2. Except as expressly provided in the Terms, we shall not be liable to compensate for damages incurred by the end user in connection with the Service, incidental, indirect, special, or future damages, and damages for lost profits.
3. The end user shall be responsible for resolving any transactions, communications, disputes, etc. arising between the end user and a third party.
4. We shall not be responsible for restoration or any other responsibility for data accumulated through the use of the Service by the end user.
5. We shall not be liable for any disadvantage or damage to the end user if we stop or suspend provision of all or part of the Service for the reasons set forth in Article 8.
6. We shall not be liable for any damage to the end user caused by the combination of products provided by the Service with products, software, programs, data, or machinery provided by a third party other than us.
7. We shall not be liable for any damage to the end user caused by remodeling, altering, modifying, or adapting products provided by the Service.
Article 14 (Confidentiality）
The end user shall treat as confidential non-public information regarding the Service disclosed by our company to the end user with a request that it be treated as confidential, except with our prior written consent.
Article 15 (Handling of User Information)
Article 16 (Change of the Terms)
1. We can modify the Terms without the previous consent of the end user if necessary.
2. At least 14 days prior to changing the Terms, we shall notify the end user of the details and timing of the changes by posting on this Web site or by other appropriate means.
3. If the end user does not agree to the revised Terms, the end user can stop use of the Service and terminate the registration by completing the procedures prescribed by our company during the notice period specified in the preceding section.
Article 17 (Contact/Notification)
1. Inquiries regarding the Service, contact or notification from the end user to our company, notification regarding changes of the Terms, and contact or notification from our company to the end user shall be performed in the manner prescribed by our company.
2. If we contact or notify the end user at the e-mail address or other contact information included in the registration information, you are deemed to have received the contact or notification.
Article 18 (Assignment of Status under the Service Use Contract)
1. Without prior written consent of our company, the end user cannot assign, transmit, set collateral for or dispose of the status under the use contract or rights and obligations under the Terms to third parties.
2. If we assign the business related to the Service to another company, we can assign the status under the use contract, rights and obligations under the Terms, end user’s registration information, and other customer information to the transferee, and the end user shall agree to the transfer in advance in this section. The business transfer set forth in this section shall include not only ordinary business transfer, but also all cases in which a business is transferred, such as corporate divestitures.
Article 19 (Separability)
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under the Consumer Contract Law or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
Article 20 (Governing Law and Court of Jurisdiction)
1. The Terms and service use contract shall conform to Japanese law.
2. Any and all disputes arising out of or in connection with the Terms or service use contract shall be submitted to the exclusive jurisdiction of the Kanazawa District Court in the first instance.
Revised on June 27, 2022
Established on April 1, 2022
Nakamura-Tome Precision Industry Co., Ltd.