Non Disclosure Agreement
A user who wishes to access this Website (“User”) may register User’s ID information and access this Website only if such User agrees to the conditions stipulated hereunder.
Article 1 (Application of this Agreement)
This Agreement sets forth matters to be observed by the User relating to the confidentiality of information provided by Shimano Inc. (“Shimano”) on the Website operated by Shimano.
Article 2 (Obligations of Non-Disclosure and Use for Purpose, etc.)
- The User agrees that it shall treat and maintain any confidential information received hereunder from the Website in strictest confidence with the care, caution and attention of a good custodian and shall not disclose or reveal such confidential information to any third party. Such information obtained from the Website shall be for the sole use by the User only for the purpose for which such information was originally disclosed on the Website.
- Upon demand from Shimano, the User shall promptly report to Shimano the confidential information that the User has obtained from the Website.
Article 3 (Attribution of Rights)
The User agrees that all information posted on the Website is owned by Shimano.
Article 4 (Prohibition of Lending and Assignment of ID and Password)
The User shall not disclose, lend or assign to any third party the ID and password provided by Shimano for logging into the Website.
Article 5 (Treatment of Improvements or Results etc.)
In the event that any invention, idea, design, technological improvement, enhancement, or modification (“Result”) is generated by the User in the course of performance of tasks based on the Website, the right and title in and to such Result, as well as the treatment of any intellectual property rights attaching thereto, shall be determined by Shimano.
Article 6 (Injunctive Relief; Damage)
The User recognizes that use or disclosure of the confidential information in violation of this Agreement may cause Shimano irreparable damage, and Shimano shall have the right to claim equitable and injunctive relief to prevent any unauthorized use or disclosure, and to claim any and all damages (including attorneys’ fees) incurred or suffered by Shimano as a result of User’s breach of this Agreement.
Article 7 (Governing Law & Arbitration)
7.1 Governing Law. The validity, construction and performance of this Agreement shall be governed by and interpreted in accordance with the laws of Japan.
7.2 Arbitration. Any and all disputes between Shimano and User in respect of this Agreement or the Website shall be submitted for resolution by arbitration in Osaka, Japan, pursuant to the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The arbitration award shall be final and binding on all parties.
Terms & Conditions of Use
A user who wishes to access this Website (“User”) may access this Website only if such User agrees to the terms and conditions stipulated hereunder.
Article 1 (Application of Terms & Conditions of Use)
- These Terms & Conditions set forth the requirements to be observed by the User when using the Website operated by Shimano Inc. (“Shimano”).
- The provisions set forth in these Terms & Conditions may be revised as necessary without notice. The User shall confirm the latest Terms & Conditions of Use posted on the Website when using the Website.
Article 2 (Issuance and Use of ID and Password)
- The ID and password necessary for logging into the Website shall be issued and assigned to the User by Shimano.
- Only a User to whom an ID and password is issued and who agrees to the Terms & Conditions may use the Website.
- The ID and password issued to a User may be used by such User only. The User shall not assign or lend User’s ID or password to any third party.
- Shimano may suspend use of this Website by any User whom Shimano determines to be unsuitable.
Article 3 (Suspension of Website Operation)
- Shimano may temporarily suspend operation of the Website without notice to or consent of its Users.
- If any User suffers any damage caused by the temporary suspension of operation of the Website in accordance with paragraph 1 above, Shimano shall assume no liability for such damage.
Article 4 (Disclaimer of Warranty & Liabilities)
- The User agrees that the Website shall be used at User’s own risk and liability. Without limiting the generality of the foregoing, Shimano hereby expressly excludes and disclaims liability for any warranty that (1) the Website is free of defects, errors or failures; or (2) the Website is free of any computer virus or other harmful content.
- Shimano may revise the cont ents of the Website or discontinue provision of the Website at any time at its own discretion. Shimano does not guarantee the continuance or preservation of the consistency of the Website.
- Shimano shall not be li able for any damages (including but not limited to mental distress or monetary loss) that may be caused by the use of the Website (including but not limited to provision of any information in connection with use of the Website) or the unavailability of the Website.
- If any unauthorized alteration of the Website, unauthorized access to any data relating to the Website, virus invasion or any other wrongful act is made to the Website, and if any damage is caused to a User by such wrongful act, Shimano shall assume no liability for such damage.
Article 5 (Treatment of User Information)
Shimano may collect access logs (“User Information”) in order to create statistical data with the aim of improving the Website’s convenience for Users or monitor unauthorized access. Shimano shall not provide such User Information to any third party except for the provision of such User Information upon request made in accordance with due legal procedures.
Article 6 (Treatment of Personal Information in Shimano’s Possession)
Shimano shall respect the privacy of Users of the Website and shall take due care in handling and managing the personal information of Users.
Article 7 (Confidentiality)
The User shall observe his/her obligations under a separate Confidentiality Agreement determined by Shimano.
Article 8 (Governing Law & Arbitration)
8.1 Governing Law. The validity, construction and performance of these Terms & Conditions shall be governed by and interpreted in accordance with the laws of Japan.
8.2 Arbitration. Any and all disputes between Shimano and User in respect of this Agreement or the Website shall be submitted for resolution by arbitration in Osaka, Japan, pursuant to the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The arbitration award shall be final and binding on all parties.
