Welcome to Nitto Central. Nitto, Inc., Nitto Denko Corporation and its affiliates, wholly-owned subsidiaries and successors (collectively, referred to as "Nitto", "us" or "we') provide you with access to and use of Nitto Central [https://www.NittoCentral.com] (the "Portal" or "site") and to any of its sub- domains and related Nitto sites or Nitto services (our "Services"). These Terms of Use ("Terms", "Terms of Use" or "Agreement" or "Terms of Use Agreement") govern and apply to your use of and reliance on this Portal, as maintained by Nitto, as well as any Service(s) offered through this Portal. Please read these terms carefully. By accessing the site and/or Services, you acknowledge that you have read and understood these Terms of Use and agree to them and to comply with them. If you do not agree to all these Terms, you may not have access to or use of the Portal or Services.

ANY DISPUTE BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (SECTION BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

The information, content and materials provided on this site are for general informational and educational purposes. Certain sections of this Portal are intended for particular audiences including Nitto's customers, members of the Nitto community and the general public. Your access to and use of the information contained on this Portal are subject to this Terms of Use Agreement. By accessing and using this Portal, you accept, without limitation or qualification, the terms of this Agreement.

"Authorized Users": Access to certain features of our sites may be limited to authorized users ("Authorized Users") who have registered with us to create a user account ("User Accounts"). Authorized Users may be subject to additional terms specific to the site or the Services offered.

"Customer" means the person or entity (i) who has subscribed to the Nitto Services with us, and/or with respect to whom Nitto has agreed to provide Services; and (ii) has specifically authorized you as an Authorized User to access Nitto Services.

"Data Controller" means an entity that has the authority over the processing of personal information. This entity controls the use of personal data by determining the purposes for its use and the manner in which the data will be processed. The Customer, Authorized User, or you serve as the Data Controller responsible for decisions regarding content provided by Customer ("Customer Content") stored, processed, or otherwise transmitted on the Site or through the use of Nitto Services.

"Data Processor" means an individual or organization that processes data on behalf of the Data Controller. In connection with the processing of Personal Data, Nitto serves as a Data Processor in furtherance of decisions by the Customer, Authorized User, or you regarding the processing of such data.

"GDPR" means the Global General Data Protection Regulation otherwise known as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

"Personal Information" means any information that identifies, relates to, describes, could be reasonably linked with, or could be used to identify you or your household. Examples include your name, address, date of birth, email address, or other data collected through utilizing our Portal, products or services. It may also include other information that may be associated with your Personal Information, such as your preferences or interests, or Usage Data (defined below).

"Prohibited Content" means content that: (i) is illegal under applicable law; (ii) violates any third party's intellectual property rights, including, without limitation, copyrights, trademarks, patents, and trade secrets; (iii) contains indecent or obscene material; (iv) contains libelous, slanderous, or defamatory material, or material constituting an invasion of privacy or misappropriation of publicity rights; (v) promotes unlawful or illegal goods, services, or activities; (vi) contains false, misleading, or deceptive statements, depictions, or sales practices; (vii) contains elements which will cause harm to, or prevent use of, the Portal, cause harm to Nitto's servers, or any third party devices accessing the site, corrupt, or interfere with use of the site by others, or the like ("Destructive Elements"); or (viii) is otherwise objectionable to Nitto in its sole discretion.

"Services" means the services provided by Nitto under any applicable Contract or Agreement. Such Services are provided by Nitto to the Customer, Authorized User, or you.

"Usage Data" includes information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Portal that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

In order to use the Portal, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence.

You are required to register for an account to use the Portal. You agree that all information you provide will be accurate, current and complete, and you will keep such information up to date. You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities that occur through your User Account. You agree to notify us immediately of any breach of security or unauthorized use of your User Account. We reserve the right to reject or otherwise terminate access for any user at any time. Nitto will not be liable for any loss or damage arising from your failure to comply with this section.

You agree that Nitto may collect and use data that relates to your device, operating system, applications, GEO Location, and IP Address/Location that is gathered periodically to facilitate the distribution of software updates and other communications related to the application (if any). You further agree that Nitto may use this data and information pursuant to Nitto's Privacy Policy for continuous improvement of the application.

You agree that your use of the Portal will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Portal that could adversely affect Nitto or our Users, including engaging in or attempting to engage in the following conduct:

• interrupting the operation of the Portal in any manner whatsoever, including by imposing an unreasonable load on the Portal;

• deleting or revising any material or other information of any other user, Nitto, or any third party;

• harvesting or otherwise collecting information about others, including email addresses, without their consent;

• deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Portal;

• posting advertisements or solicitations of business other than those explicitly approved by Nitto;

• defeating, investigating, or providing information concerning methods of defeating security mechanisms, including by allowing another person to access the Services using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;

• engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Portal, or which, in Nitto’s judgment, exposes Nitto or any of its Users, customers, or suppliers to any liability or detriment of any type;

• engaging in conduct affecting Nitto adversely or reflecting negatively on Nitto, the Portal, Nitto’s goodwill, name or reputation or causing duress, distress or discomfort to Nitto or anyone else, or discouraging any person or entity from doing business with Nitto; or

• taking any other action that could endanger or cause damage to Nitto, other users of the Portal, or other third parties.

Nitto may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your access to the Portal and/or initiation of civil or criminal legal proceedings. Under these circumstances, Nitto may also investigate your use of the Portal and provide information about your use to law enforcement.

You agree to receive all communications, correspondences, and notices that we provide in connection with the Portal, including, but not limited to, marketing and promotional messages related to us or the products or services on the Portal, correspondence regarding our delivery of products and services, and providing you information related to your purchase (“Communications”), via electronic means, including by e-mail, text, or by posting them on or making them otherwise available through the Portal. To the fullest extent permitted under applicable laws, you agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your User Account contact information current. At any time, you can opt out of our email marketing and promotional messages sent to you by directly responding to the email with a request to unsubscribe from marketing and promotional messages or by clicking the unsubscribe link in the email you received. Please note that we will still send transactional email notifications (such as payment confirmation emails and shipment confirmation emails) to you that are related to purchases made through your account, and that these cannot be unsubscribed from.

Nitto will use reasonable efforts to include accurate and up-to-date information on this site but makes no warranties or representations of any kind as to its accuracy, currentness or completeness of the information presented on this Portal. All information presented on this Portal is provided "AS IS". You agree that access to and use of this site and the content thereof is at your own risk. Nitto disclaims all warranties, express or implied, including any and all warranties of merchantability or fitness for a particular purpose. Nitto also disclaims all warranties, express or implied of non-infringement to the full extent permitted by applicable law

Neither Nitto nor any party involved in creating, producing or delivering this Portal and the Services shall be liable for any damages, including without limitation, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this site, or any errors or omissions in the content thereof. This limitation includes damages to your computer equipment or for any malicious software ("malware") such as viruses, worms, Trojans, and other malware that may infect your devices or computer equipment. Cumulative liability to You shall be limited to direct damages, and in all events shall not exceed in the aggregate the amount of fees paid by You to Nitto during the three

(3) month period immediately preceding the event giving rise to the claim for liability.

Any information on this Portal as of any particular date may or may not be accurate as of that date and Nitto disclaims any responsibility to update such information or the accuracy of such information. Nitto shall not be held responsible for any action taken that is based on the information presented on this Portal, and all users of this Portal agree that all access and use of this Portal, and any and all content presented on this Nitto Portal, is at the user's own risk.

You hereby acknowledge that by using this Portal, you might come into the possession of Nitto’s confidential and proprietary information which may include, among other things, pricing terms and other financial information, scientific or technical information, designs, schematics, sale estimates, or electronic storage media (“Confidential Information”). Confidential Information will remain the sole and exclusive property of Nitto and will not be used for any purpose other than your purchase of our products and Services, and discharge of your obligations hereunder. You shall not use Nitto’s Confidential Information after termination of this Agreement or completion of the relevant transaction. Upon the expiration or termination of this Agreement, you shall immediately at your own cost and expense, destroy any documents containing Nitto’s Confidential Information without keeping copies of it, destroy any copies of any analyses, memoranda, report or other documents derived from the Confidential Information, and securely expunge all the Confidential Information from any computer, word processor or other device containing Confidential Information belonging to Nitto.

As a rule, Nitto does not receive any ideas or proposals from you relating to any products, technologies, marketing methods, or other company related activities through this Portal. Furthermore, please note that Nitto will not be obligated to follow any non-disclosure obligations for such ideas that are provided through this Portal, and any information provided in this way will be used without any compensation or limitations of use. Any personal information provided to the Nitto through this Portal will be handled properly according to the rules laid out in Nitto's Privacy Policy.

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on a Portal by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non- confidential and Nitto shall have no obligation of any kind with respect to such information. Nitto shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

This Portal may contain links, hyperlinks, or references to other websites maintained or controlled by third parties over whom Nitto has no control and use of such websites are subject to separate terms of use and privacy policies not controlled by Nitto. Such links are provided merely as a convenience.

Similarly, this Portal may be accessed from third party links over whom Nitto has no control. Nitto makes no warranties or representations of any kind as to the accuracy, currentness, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Nitto. Nitto is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or Services that may be offered at such websites.

All purchases of physical items from the Portal are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For additional information, please see our Terms and Conditions of Sale.

Nitto is the owner, the licensee, or the authorized user of all intellectual property rights in our site and in the content published on it. Except as expressly provided in these Terms of Use, you have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the site or any of its content. You agree that the site and its content are protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Thus, the entire content of this Portal, including any images, photos, pictures, graphics or text, is protected by copyright. All such rights are reserved.

Nitto respects the intellectual property rights of others and prohibits our users from using our Services in a way that would violate those rights. Nitto also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Nitto will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site. Nitto has the right to prevent access to, and remove any posting you make on, our site in our sole discretion. The views expressed by other users on our site do not represent our views or values.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the site or the Services ("submissions"), provided by you to us are not confidential and shall become the sole property of Nitto. Nitto shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of any transmissions or submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We respect copyright law. Under the U.S. Digital Millennium Copyright Act ("DMCA") copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Portal infringe on your copyright, please provide notice to our designated agent at:

Nitto, Inc.

Attention: IP Counsel

400 Frank W. Burr Blvd., 2nd Flr., Ste. 66 Teaneck, NJ 07666

Email copy to: na-marketing@nitto.com and legal@nitto.com

Any DMCA notice filed with our designated agent must contain the following:

1.      Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work's title, author, URL, or other information.

2.      Sufficient information allowing us to identify and locate the allegedly infringing material.

3.      Your contact information, including your address, telephone number, and email address, so that we may contact you.

4.      A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.

5.      A statement, under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.

6.      A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your rights.

The Nitto company name and logos and all product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Nitto, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The reproduction, copying, redistribution, use, or misuse of these trademarks or any other materials, without the written permission or authorization of Nitto, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Nitto actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

The entire contents of this Portal, including any images, photos, pictures, graphics or text are subject to and protected by copyright. The contents of this Portal may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, images, photos, pictures, graphics, text or documents contained in this Portal or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such information, images, photos, pictures, graphics, text or documents, without the express written consent of Nitto. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark, or other intellectual property right of Nitto, or any third party.

Thus, in consideration for your agreement to these terms and conditions, Nitto grants you a very limited personal, non-exclusive, non-transferable license to access and use this Portal. You may download material from this Portal only for personal, non-commercial use, and this Portal may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of Nitto. It is the policy of Nitto to enforce its intellectual property rights to the fullest extent permitted under law. Therefore, the use or misuse of the trademarks, service marks, logos, trade names, trade dress, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

This Portal and its contents are intended to comply with the laws and regulations in the jurisdictions in which Nitto operates. This site may link to other sites produced by Nitto's operating divisions and subsidiaries, and those sites may have information that is appropriate only to that particular originating country. Nitto reserves the right to limit provision of its products or Services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or Services we provide. Any offer for any product or Services made on this Portal is void where prohibited.

Nitto respects the privacy of its Portal users. Our Privacy Policy governs what and how we collect and use your personal information, and is incorporated by reference into these Terms of Use.

As a Data Processor under applicable privacy law, including the GDPR, Nitto is committed to responding to requests regarding the processing of Personal Data. To the extent technically feasible, Nitto will, without undue delay, respond to:

(a) Requests for Information. Nitto will assist with Data Subject requests to Data Controllers or requests sent directly to Nitto to obtain confirmation whether his/her Personal Information is being processed.

(b) Requests for Access to Data. Nitto will assist with identifying and providing a copy of Personal Information undergoing processing. A reasonable administrative fee may apply to the processing of such requests.

(c) Portability. Upon the valid request of a Data Subject, and subject to the other provisions of this Terms of Use, Nitto will assist with a request to transmit Personal Information which is the subject of Nitto processing to another Controller.

(e) Requests for Erasure. If Personal Information processed is no longer necessary for the purpose for which it was collected, or if Data Subject consent to processing is withdrawn, or if an objection is raised to the legitimate interests of a Data Controller (Customer, Authorized User, you) in processing the Personal Information, or if the data is otherwise unlawfully processed, Nitto will respond to requests without undue delay from Data Subjects to have their data erased. If technically not feasible to erase, Nitto will take the Personal Information offline, and/or will restrict access to the data to prevent further use of the data.

Subject to Nitto's Privacy Policy, you acknowledge and agree that by providing Nitto with your Personal Information or proprietary information in any application or transaction request through this Portal, you hereby consent to the transmission of such personal or proprietary information to or by Nitto, and its service providers or marketers, over state and international borders as necessary for handling your application or transaction request in accordance with Nitto's standard business practices.

If you are visiting our Portal from a country other than the United States of America ("U.S."), the various communications will necessarily result in the transfer of information across international boundaries and to the U.S. By visiting our Portal, you consent to the processing and transfer of your data as set out in our Privacy Policy. You also consent to the collection, storage, processing, and transfer of your information in and to the U.S., or other countries and territories, pursuant to the laws of the U.S.

Nitto, or third parties granting rights to Nitto, hold all right, title, and interest in and to the materials on this site. As a user of this site, you are granted a nonexclusive, nontransferable, revocable, limited, personal license to access and use the site in accordance with these Terms of Use. You may not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You may print off one copy and may download extracts of any pages from our site for your personal use only and you may draw the attention of others within your organization to content posted on our site. You must acknowledge the authors of content from this site and may not use any part of the content for commercial purposes without obtaining a license to do so from us or our licensors. We may terminate this license at any time, for any reason. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded or printed materials.

The Portal is provided on an "AS IS" and "WHERE IS" basis, without any warranty. Nitto makes no representations or warranties in connection with the site, including, but not limited to, the quality, suitability, truth, accuracy or completeness of any content, information, product or Services contained on the site, and expressly disclaim all conditions, representations and warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non- infringement of third-party rights. Nitto does not represent or warrant that the site is error free or free of any malware such as viruses or other harmful components, or that defects will be remedied. Nitto does not warrant or represent that the content will be correct, accurate, error-free, timely or otherwise reliable. Nitto does not guarantee that our site, or any content on it, will always be available or be uninterrupted. Nitto may suspend, withdraw, discontinue or change all or any part of our site without notice. Nitto may make improvements and/or changes to features, functionality or content on the site at any time.

Nitto will not be liable to you if for any reason our site is unavailable at any time or for any period. Nitto will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or due to your downloading of any content from it, or on any site linked to it. Nitto disclaims to the fullest extent permitted by law all responsibility for any loss, injury, claim, liability, or damage of any kind whether in contract, tort, breach of statutory duty, or otherwise, including, but not limited to, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including, but not limited to, your use of the site or your inability to use the site, even if we have previously been advised of the possibility of such damages or such damages were foreseeable.

Nitto will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage resulting from your use of the site. In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law.

We take no responsibility and assume no liability for any content provided by you, another user, or third party through our Services. Nitto is not responsible for any content that may be inappropriate, offensive, misleading, illegal, or otherwise objectionable.

You agree to indemnify and hold harmless Nitto, its subsidiaries, affiliates, directors, officers, employees, consultants, suppliers, agents and third party suppliers from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of, resulting from or in connection with any content, any third party content you post or link to or any third party sites you link to on the site, your conduct in connection with the Services or the site or with other users of the Services or the site, or any violation of the Terms of Use or of any law or the rights of any third party, or any violation by you of these Terms of Use.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Portal or its content, or submitting your own content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;  (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information relating to the Services; (l) to attempt, in any manner, to obtain the password, account , or security information of another user; or (m) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet or any other computer network. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses, GEO Location/IP Location and traffic information. You acknowledge that we will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct.

When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

We may also be required to disclose your information in response to a lawful and enforceable request by law enforcement, judicial, or other public authorities, or in connection with an enforceable legal obligation. In such instances, we will disclose your Personal Information upon receipt of an enforceable court order, subpoena, or other lawful process, or where otherwise required by law.

The site and any service provided are intended for use by adults. Any use of or access to the site or service by anyone under eighteen years of age (18) is not permitted and violates our Terms of Use. By using or accessing our site or service, you represent and warrant that you are 18 years of age or older and fully able to enter into and abide by all of our Terms. We may terminate your User Account and delete any profiles, content or date you may have created or posted if we believe, in our sole discretion, that you are less than 18 years old.

If you are a California user, you have certain rights with respect to the collection, use, transfer, and processing of your Personal Information, as defined by the California Consumer Privacy Act ("CCPA") and outlined in the Privacy Policy. To exercise these rights, please contact na-marketing@nitto.com.

This Terms of Use Agreement, including the Privacy Policy, your use of the Portal and any Services and/or products shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action, dispute, arbitration or other proceeding related to this Portal, this Terms of Use Agreement, Services and/or products shall be governed by the exclusive jurisdiction and venue of and brought exclusively in the federal and state courts of Manhattan County, New York, unless jurisdiction and venue are mandated elsewhere by law. Thus, you hereby waive any challenge to personal jurisdiction, venue or forum non conveniens in any such New York courts. You further agree that this Terms of Use Agreement shall be governed by and construed in accordance with the laws of the State of New York and the United States of America, including their conflict laws. Thus, the laws of the State of New York, without regard to its choice of law provisions, shall apply to and control any interpretation, construction, performance or enforcement of this Terms of Use Agreement and any Claim, dispute or legal proceeding between us, whether in an arbitration or a New York court proceeding.

For any dispute you have with Nitto with respect to this Terms of Use Agreement, you agree to first contact us at na-marketing@nitto.com and legal@nitto.com and attempt to resolve the dispute with us informally. In the event that we are not able to resolve your dispute, we each AGREE to resolve any claim, dispute, controversy or legal proceeding arising out of or in connection with or relating to this Terms of Use Agreement, your use of the Portal and any Services and/or products, including any breach or alleged breach thereof (collectively, "Claims"), by binding, individual arbitration under the rules of the American Arbitration Association for consumer-related disputes ("AAA").

In the event of any concern or dispute between You and Nitto that cannot be resolved informally, please send Nitto a written notice to Nitto, Inc., c/o Legal Department, 400 Frank W. Burr Blvd., 2ndFlr., Ste. 66, Teaneck, NJ 07666 via registered mail, certified mail, or other mail with return receipt requested, with an email copy to legal@nitto.com, describing the nature of the dispute and the relief sought. Written notice shall be recognized only have we have received your notice at our above postal address.

If it is not resolved within 60 days, Nitto and You agree that any dispute arising out of or relating to any aspect of the relationship between us will not be decided by a judge or jury, but instead by a single arbitrator in an arbitration administered by the American Arbitration Association ("AAA"). This includes claims arising out of this Agreement, including claims related to statements about our products.

Alternatively, You may opt out of arbitration as described below.

The AAA Consumer Arbitration Rules will apply. We will pay all AAA fees for any arbitration. The arbitration will occur in Manhattan County, New York. To learn more about the Rules and how to begin arbitration, You may call any AAA office or go to www.adr.org.

The arbitrator may only resolve suits between You and Nitto on an individual basis. The arbitrator cannot award relief for anyone who is not a party and may not consolidate claims. In other words, You and Nitto may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

If You prefer, You may instead take your individual dispute to small claims court.

You may opt out within 30 days after consenting to these Terms of Use by e-mailing Nitto at na-marketing@nitto.com stating your name and e-mail address and intent to opt out of the arbitration provision. If You do opt out of the arbitration provision, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Manhattan County, New York.

 

You may not use the Portal if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Portal. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

We reserve the right to change these Terms of Use at any time by updating this posting. Updated versions of these Terms of Use will appear on the site and are effective immediately. We may, but are not required to, notify you of changes to these Terms, so you are responsible for viewing these Terms regularly. Should we significantly change the manner in which we collect, process or share your personal information, we will provide a specific notice to you before such changes are implemented. We will additionally ask for you to acknowledge and accept those changes on the Portal; however, continued use of the site after any such changes constitutes your consent to such changes.

The Terms of Use constitute the entire agreement with respect to access to and use of the site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining portion of these Terms of Use. Nitto specifically reserves the right to change, alter or delete content, information or materials from this Portal at any time at its sole discretion.

Nitto, Inc.

Attention: Marketing

400 Frank W. Burr Blvd., 2nd Flr., Ste. 66 Teaneck, NJ 07666

Product support requests: support.us@nitto.com Other requests: na-marketing@nitto.com