Terms of Use

Please Read the Following Terms of Use Carefully
This Web site (the Web Site) is provided by Nakato subject to the following terms of use, as modified by Nakato (Terms of Use). References to individuals accessing this Web Site (the Users) relates to any person or company that visits or uses the Web Site. Usage of this Web Site implies agreement to the Terms of Use as stated below.

Web Site Content

The Web Site contains trademarks, service marks, copyrighted material and other content owned by Nakato and others (Content). As between Users and Nakato, Nakato is the sole owner of all Content on the Web Site, including all copyrights, trademarks and other intellectual property rights. Users may not download, copy or save any Content or any portion of it, for any purpose, except for the printing of individual screens that appear as part of the Web Site solely for your personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted in these Terms of Use, Users may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content without the prior written permission of Nakato.

Conduct

Users may not transmit materials or communication on or through the Web Site that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another's privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity.

Users also agree to not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements or policies of networks connected to the Web Site; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site; (v) collect or store information about the Users of the Web Site or use such information for any purpose inconsistent with the purpose of the Web Site; or (vi) violate any applicable local, state, national or international law or regulation.

Linked Sites

Nakato may provide links to third party Web sites (Linked Sites). Linked Sites are not necessarily reviewed, controlled or examined by Nakato. Each Linked Site may have its own terms of use and privacy policy, and Users must be familiar and comply with all such terms and policies when using a Linked Site. Nakato is not responsible for the content, availability, policies or practices of any Linked Site, or any additional links contained therein. These links do not imply Nakato’s endorsement of the Linked resources or any company or service.

Privacy Policy

We encourage Users to read our Privacy Policy, which is incorporated by reference into these Terms of Use.

Disclaimer of Warranties

THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Nakato SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEB SITE AND THE CONTENT THEREIN; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL Nakato, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF Nakato OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.

Indemnification

By using the Web Site, Users agree to defend, indemnify and hold Nakato, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees resulting from use of the Web Site or any violation of these Terms of Use.

Copyright Agent

Should User believe that information or any other material has been used on the Web Site in a manner that constitutes copyright infringement, please contact our Copyright Agent (info@nakatospringfield.com) via e-mail or other written notice with the following information:

 
  • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • a description of where the material is located on the Web Site;
  • your address, telephone number, and e-mail address;
  • a statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Applicable Laws/Jurisdiction

Nakato controls and operates this Web Site from our offices in the United States of America. Users who access this Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws. The laws of the State of Missouri, excluding its conflicts-of-law rules, will govern these Terms of Use and use of the Web Site. By using the Web Site, Users agree and consent (i) that any claim or dispute with Nakato or relating in any way to use of the Web Site will be heard exclusively in state or federal courts located in the State of Missouri and closest to Springfield, Missouri; and (ii) to the exercise of personal jurisdiction in the courts of the State of Missouri, in connection with any such dispute.

Changes to Terms of Use

Nakato may change these Terms of Use from time to time in their sole discretion without actual notice. Changes will appear in this section of the Web Site. You are encouraged to check for changes to these Terms of Use with each visit. By using the Web Site following any modifications to these Terms of Use, Users agree to be bound by any such modifications.