Terms of Use


Last updated: 15 March 2016

 

Welcome to Nakamichi-USA’s website (this “Site”). By visiting this Site, you agree to the following terms and conditions:

 

Acceptance of Terms of Use

Nakamichi-USA respects the privacy of its users.  All information Nakamichi-USA collects on this Site is subject to our Privacy Policy.  Please refer to Nakamichi-USA’s Privacy Policy which explains how Nakamichi-USA collects, uses, and discloses information that pertains to your privacy.  By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

All purchases through this Site or other transactions for the sale of goods formed through this Site or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of this Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

The following terms and conditions, together with the Privacy Policy, and applicable laws govern your access to and use of this “Site”, including any content, functionality and services offered on or through this Site, whether as a guest or a registered user.  Please read these Terms of Use carefully before you start to use this Site. By using this Site, you accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access or use this Site.

This Site is offered and available to users who are thirteen (13) years of age or older and reside in the United States or any of its territories or possessions.  By using this Site, you represent and warrant that you are of at least thirteen (13) years of age.  If you are at least 13, but under the age of eighteen (18), you may only use this Site with your parent’s or guardian’s consent and your parent or guardian must provide consent after having read these Terms of Use.  If you are a parent or legal guardian who has consented to the use of this Site by a person between the ages of 13 and 18, you are fully responsible for that person’s use of this Site, including all financial charges and legal liability that that person may incur.  If you do not meet all of these requirements, you must not access or use this Site.

 

Changes to the Terms of Use  

Nakamichi-USA may revise and update these Terms of Use from time to time in our sole discretion. Nakamichi-USA will notify you on this Site before Nakamichi-USA makes changes to these Terms of Use and give you the opportunity to review before continuing to use Nakamichi-USA’s services.  All changes are effective immediately when Nakamichi-USA posts them, and apply to all access to and use of this Site thereafter. You agree that Nakamichi-USA will not be liable to you for any change or discontinuance, in whole or in part, of the Terms of Use or this Site.

Your continued use of this Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site so that you are aware of any changes, as they are binding on you. You further agree to review these Terms of Use periodically and to make yourself aware of these changes.

 

Accessing this Site and Account Security  

Nakamichi-USA reserves the right to withdraw or amend this Site, and any service or material Nakamichi-USA provides on this Site, in our sole discretion without notice. Nakamichi-USA will not be liable if all or any part of this Site is unavailable at any time, or for any time period. From time to time, Nakamichi-USA may restrict access to some parts of this Site, or the entire Site, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to this Site.

Ensuring that all persons who access this Site through your internet connection are aware of these Terms of Use and comply with them.

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on this Site, is governed by these Terms of Use, and you consent to all actions Nakamichi-USA takes with respect to your information consistent with these Terms of Use.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify Nakamichi-USA immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Nakamichi-USA has the right to disable any user name, password or other identifier, whether chosen by you or provided by Nakamichi-USA , at any time in our sole discretion for any or no reason, including if, in Nakamichi-USA ’s sole discretion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights  

This Site and its entire contents, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) (collectively referred to as “Site Content”) are owned by Nakamichi-USA , its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Nakamichi-USA reserves all rights in and to the Site Content.  Except as expressly granted to you under these Terms of Use, Nakamichi-USA does not grant you any right, title or interest in or to any part of the Site Content.

You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Site Content. You will not frame or utilize framing techniques to enclose any Nakamichi-USA trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" utilizing Nakamichi-USA’s name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Site Content. You will not take any action to jeopardize, limit or interfere in any manner with Nakamichi-USA’s rights in and to the Site Content. You agree not to portray Nakamichi-USA, its products or this Site in a false, misleading, derogatory or otherwise offensive manner. Nakamichi-USA reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Site Content. This Site may contain Site Content owned or licensed by third parties.  All restrictions set forth in these Terms of Use equally apply to all Site Content owned or licensed by third parties.

Nakamichi-USA ’s name, the terms, logo, trademarks, and all related names, logos, product and service names, designs and slogans are trademarks of Nakamichi-USA or its affiliates or licensors. You must not use such marks without the prior written permission of Nakamichi-USA.  All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

 

Grant of License

Subject to the restrictions in these Terms of Use, Nakamichi-USA permits you to use this Site for your personal, non-commercial use to review information about Nakamichi-USA and Nakamichi-USA ’s products, and to provide content regarding Nakamichi-USA ’s product where allowed. You will not, or assist or direct any third person to: (i) extract, separate, remove or otherwise copy the Site Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Site Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the Site Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Site Content, in whole or in part; or (v) use the Site Content for any other purpose.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Site in breach of the Terms of Use, your right to use this Site will cease immediately and you must, at Nakamichi-USA ’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by Nakamichi-USA. Any use of this Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Prohibited Uses 

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

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material without Nakamichi-USA ’s prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate Nakamichi-USA, a Nakamichi-USA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by us, may harm Nakamichi-USA or users of this Site or expose them to liability.

Additionally, you agree not to:

Use this Site in any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including their ability to engage in real time activities through this Site.

Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including monitoring or copying any of the material on this Site.

Use any manual process to monitor or copy any of the material on this Site or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of this Site.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, the server on which this Site is stored, or any server, computer or database connected to this Site.

Attack this Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of this Site.

 

User Contributions  

This Site may contain message boards, chat rooms, personal web pages or social media account profiles, forums, bulletin boards and other interactive features (collectively, ”Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, ”post”) content or materials you have created, including but not limited to photographs, your social media handle, videos, and comments (collectively, ”User Contributions”) on or through this Site.  You may be asked to create an account and become a registered user. You agree to promptly update any and all User Contributions and user information. Nakamichi-USA does not pre-screen content that you or other users post to this Site and this Site serves merely as a forum for users to discuss Nakamichi-USA’s products. Nakamichi-USA does not guarantee that the information is true, accurate or current or otherwise false, misleading, inaccurate, fraudulent, deceptive or illegal.  All User Contributions must comply with these Terms of Use. By posting on this Site, you represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Nakamichi-USA and Nakamichi-USA’s affiliates and service providers, and each of their and Nakamichi-USA’s respective licensees, successors and assigns and that the information provided is true, accurate, current and correct information.

You also agree to observe and follow the following posting rules:

Do not impersonate anyone else.

Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, and deceptive or that promotes illegal activity.

Do not post your personal information or solicit any personal information from other users of this Site.

Do not post any content or information in violation of any laws.

Do not insult or flame any other users of this Site. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.

Post only constructive information. Do not speculate or post rumors about Nakamichi-USA, Nakamichi-USA’s products or any other person or entity.

Do not post information that you do not own or control all rights thereto. You are responsible for all content that you post.

 

Any User Contributions you post to this Site will be considered non-confidential and non-proprietary. By providing any User Contributions on this Site, you grant Nakamichi-USA and its affiliates and service providers, and each of their and Nakamichi-USA ’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or information for any purpose/according to your account settings.  By posting any content or information to this Site, you grant Nakamichi-USA a non-exclusive, non-revocable, worldwide right to use your User Contributions in any manner or media, including the right to adapt, modify, create derivative works, sub-license, assign and commercialize without any compensation due to you. Your use of this Site constitutes your consent to allow Nakamichi-USA to store content created by you, including your personal information on Nakamichi-USA’s host computers.

By posting and uploading User Contributions that you have tagged with #Nakamichi, or other Nakamichi-USA brand hashtags, you grant to Nakamichi-USA, its third-party service providers who provide content management services, and its retail partners (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty free, fully paid nonexclusive transferable right to use your Nakamichi-USA tagged User Contributions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by Nakamichi-USA, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. Nakamichi-USA may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Contributions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Contributions. You hereby represent and warrant that (i) you own all rights in and to your User Contributions, (ii) you have permission from all person(s) appearing in your User Contributions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Contributions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Nakamichi-USA, the Licensed Parties, and any person acting on Nakamichi-USA’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Contributions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Nakamichi-USA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Nakamichi-USA does not warrant the accuracy, completeness or usefulness of this information.  Nakamichi-USA cannot/does not undertake to review all material before it is posted on this Site, and cannot ensure prompt removal of objectionable material after it has been posted.  Nakamichi-USA has no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms of Use.

 

Monitoring and Enforcement; Termination  

Nakamichi-USA has the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that Nakamichi-USA deems necessary or appropriate in our sole discretion, including if Nakamichi-USA believes that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Site or the public or could create liability for Nakamichi-USA.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site.

Terminate or suspend your access to all or part of this Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Nakamichi-USA has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Nakamichi-USA to disclose the identity or other information of anyone posting any materials on or through this Site. YOU WAIVE AND HOLD HARMLESS NAKAMICHI-USA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NAKAMICHI-USA /ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER NAKAMICHI-USA /SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Reliance on Information Posted  

The information presented on or through this Site is made available solely for general information purposes.

Nakamichi-USA disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nakamichi-USA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nakamichi-USA. Nakamichi-USA is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to this Site  

Nakamichi-USA may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Site may be out of date at any given time, and Nakamichi-USA is under no obligation to update such material.

 

Linking to this Site and Social Media Features  

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage Nakamichi-USA’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without Nakamichi-USA’s express written consent.

This Site may provide certain social media features that enable you to:

Link from your own or certain third-party Sites to certain content on this Site.

Send e-mails or other communications with certain content, or links to certain content, on this Site.

Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.

You may use these features solely as they are provided by Nakamichi-USA and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Nakamichi-USA provides with respect to such features. Subject to the foregoing, you must not:

Establish a link from any Site that is not owned by you.

Cause this Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Link to any part of this Site other than the homepage.

Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

This Site from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with Nakamichi-USA in causing any unauthorized framing or linking immediately to cease. Nakamichi-USA reserves the right to withdraw linking permission without notice.

Nakamichi-USA may disable all or any social media features and any links at any time without notice in Nakamichi-USA’s discretion.

 

Links from this Site  

If this Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  Nakamichi-USA has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

 

Geographic Restrictions  

Nakamichi-USA provides this Site for use only by persons located in the United States.  Nakamichi-USA makes no claims that this Site or any of its content is accessible or appropriate outside of the United States.  Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Nakamichi-USA’s Usage and Storage of Information

Nakamichi-USA may establish standard practices and limits regarding the use of this Site, including the type of user-posted content permitted on this Site, maximum number of days user-created content is displayed, accessible or retained by Nakamichi-USA or the maximum number of e-mails an account my send or receive e-mails and the maximum disk-space allotted to each end user. Nakamichi-USA will have no liability for the preservation or deletion of any content or personal information maintained by this Site or otherwise provided by you to Nakamichi-USA through use of this Site. Nakamichi-USA reserves the right to modify its usage and storage of content and information from time to time.

 

Disclaimer of Warranties  

You understand that Nakamichi-USA cannot and do not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NAKAMICHI-USA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, NAKAMICHI-USA DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER NAKAMICHI-USA NOR ANY PERSON ASSOCIATED WITH NAKAMICHI-USA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, NEITHER NAKAMICHI-USA NOR ANYONE ASSOCIATED WITH NAKAMICHI-USA REPRESENTS OR WARRANTS THAT THIS SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability  

IN NO EVENT WILL NAKAMICHI-USA , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  HOWEVER, IF NAKAMICHI-USA IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, NAKAMICHI-USA'S LIABILITY WILL NOT EXCEED $100.00 USD.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification  

You agree to defend, indemnify and hold harmless Nakamichi-USA , its parent company, shareholders, affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, 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 Site, including, but not limited to, your User Contributions, any use of this Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this Site. This obligation will survive the termination or modification of these Terms of Use.

 

Governing Law and Jurisdiction  

All matters relating to this Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this Site shall be instituted exclusively in the federal or state courts located in New York, New York, USA, although Nakamichi-USA retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability  

No waiver of by NAKAMICHI-USA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nakamichi-USA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement  

These Terms of Use, Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Nakamichi-USA with respect to this Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Site.

 

Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to this Site, please provide Nakamichi-USA with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on this Site and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

 

Your Comments and Concerns  

This Site is operated by WOW Technologies (Singapore) Pte Ltd, Incorporated. In the event any objectionable content or information appears on this Site, notify Nakamichi-USA in writing of the objectionable content. Nakamichi-USA will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms of Use but Nakamichi-USA does not represent or warrant that Nakamichi-USA will take any action relating thereto.