Thank you for visiting Nisshin OilliO America Inc. (“Nisshin OilliO” or “we” or “us”). These Terms of Use govern the use of this website (the “Website”) and related communications or digital interactions (the “Terms” or “Agreement”), as well as the Privacy Policy, GDPR Policy, and Cookie Policy, which are incorporated into the Terms by this reference.
IF YOU DO NOT AGREE WITH THESE TERMS OR DO NOT HAVE THE AUTHORITY TO CONSENT OR BIND AN ENTITY, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE WEBSITE. PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NISSHIN OILLIO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Unless otherwise noted, the Website is the property of Nisshin OilliO and its licensors. By using the Website, you agree to comply with the Terms, our Privacy Policy, and all other applicable terms entered into with Nisshin OilliO. Your continued use of the Website, including following the posting of changes, confirms your agreement to and acceptance of all terms and changes.
Please refer to our Privacy Policy, GDPR Policy, and Cookie Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that transmissions to or through the Website may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Do not send us any sensitive personal information.
Unless otherwise noted, all content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Nisshin OilliO and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in the Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Nisshin OilliO’s express prior written consent.
You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Website or our products and services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with the Terms. Submissions that constitute feedback, comments or suggestions (“Feedback”) will be the sole and exclusive property of Nisshin OilliO and you hereby irrevocably assign to us all of your right, title and interest in and to all such Feedback, and Nisshin OilliO shall have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Feedback in any manner it chooses. With respect to all other Submissions, you hereby grant Nisshin OilliO an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in the Terms.
In connection with your use of the Website, you agree that you will not:
· post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
· violate any local, state, provincial, national, international, or other law or regulation, or any order of a court;
· infringe, misappropriate or violate Nisshin OilliO’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
· interfere with or damage the Website, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial-of-service attacks, forged routing or electronic mail address information or similar methods or technology;
· “scrape,” “crawl,” or automatically collect data or Content any web pages or other services contained on the Website;
· display, mirror or frame the Website, or any individual element within the Website, Nisshin OilliO’s name, any Nisshin OilliO trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
· access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;
· attempt to probe, scan, or test the vulnerability of our systems or network, or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Nisshin OilliO or any of our providers or any other third party (including another user) to protect the Website and its Content;
· attempt to decipher, decompile, disassemble or reverse engineer any Content or any of the software or code used to provide the Website;
· access or use the Website from a sanctioned country or on behalf of a sanctioned party; or
· advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Website is expressly prohibited and could result in adverse action not limited to termination of use or legal action.
We reserve the right, at any time, without notice to: (1) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) change the Website, or any portion of the Website, and any applicable policies or terms; and (3) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We do not consent to the Content on the Website being used, reproduced, or downloaded in any manner or by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), including but not limited to translation services. Users of the Website, including any third parties accessing the Website through automated systems, are prohibited from (a) using any of the Content on the Website for Artificial Intelligence Purposes without first seeking our specific and express permission and (b) sub-licensing or directing others to reproduce and/or otherwise use the Website content in any manner for purposes of training artificial intelligence technologies to generate text, audio, or video without our specific and express permission.
The Website may contain links to other independent third-party websites or social media platforms (collectively, “Linked Sites”). Linked Sites are unaffiliated with us and not under our control, and we are not responsible for the content or privacy practices of such Linked Sites. Third party websites, data uses, and Linked Sites have their own terms of use and privacy policies that we do not control, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.
You agree to indemnify and hold Nisshin OilliO and its subsidiaries, parent corporations and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, insurers, licensees, and suppliers (collectively, the "Nisshin OilliO Parties"), harmless from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) in connection with: (a) your access to or use of our Website, or your conduct or activities in connection with the Website, (b) your Submissions or Feedback; (c) your violation or alleged violation of the Terms; (d) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of our Website or your conduct in connection with our Website; (e) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (f) any misrepresentation made by you. You agree to promptly notify the Nisshin OilliO Parties of any third-party Claims, cooperate with the applicable Nisshin OilliO Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the Nisshin OilliO Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant Nisshin OilliO Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Nisshin OilliO or the other Nisshin OilliO Parties.
THE WEBSITE AND ALL CONTENT OFFERED THROUGH THE WEBSITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
THE NISSHIN OILLIO PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE WEBSITE. NISSHIN OILLIO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, OR THIRD PARTIES SUCH AS OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU ACCESS OR DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE NISSHIN OILLIO PARTIES OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD THE NISSHIN OILLIO PARTIES RESPONSIBLE FOR ANY BREACH OF SECURITY.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE NISSHIN OILLIO PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE NISSHIN OILLIO PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ANY OF THE NISSHIN OILLIO PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS OR YOUR USE OF THE WEBSITE, THE TOTAL AGGREGATE LIABILITY OF THE NISSHIN OILLIO PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, IF ANY, TO USE OUR PRODUCTS OR SERVICES IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
BY USING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
7.1. Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with the Terms and the use of the Website (collectively, “Disputes”), shall be resolved to the fullest extent permitted by law, by final, binding, and (to the extent permitted by law) confidential arbitration conducted before a single arbitrator in accordance with the applicable rules then in effect as set forth below, in the order listed below, with all Disputes resolved in Japan pursuant to Japanese law unless otherwise expressly required (provided that, if such rules conflict with this paragraph in any manner, the terms of this paragraph shall control):
7.1.1. For all Disputes unless otherwise stated in the Terms or prohibited by law, the arbitration shall be administered by the Japan Commercial Arbitration Association (“JCAA”) in accordance with its rules and located in Tokyo, Japan.
7.1.2. For all other Disputes not governed by Japan law, the Dispute shall be resolved by arbitration in the United States of America as administered by the American Arbitration Association (“AAA”) in accordance with its rules and located in Los Angeles, California.
7.1.3. All Disputes must be resolved under Japan or United States law and arbitration. If expressly prohibited and so directed by applicable law, then the Dispute shall be resolved through arbitration administered by a reputable and widely recognized arbitration institution reasonably appropriate for the jurisdiction in which the Dispute arises, applying its then-current arbitration rules.
7.2. Arbitration and Jury Waiver. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of all Claims and to award such relief as would otherwise be permitted by law; and (b) issue a written arbitration decision including the arbitrator’s essential findings and conclusions and a statement of the award. The parties acknowledge that, by agreeing to this arbitration procedure, both parties waive the right to resolve any Claims through a trial by jury or judge or by administrative proceeding. This agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable agencies where such actions are available, or (iii) injunctive relief in court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s). Any awards or orders in such arbitrations may be entered and enforced as judgments in the federal and state courts of any competent jurisdiction.
7.3. No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
7.4. Jurisdiction. To the extent that any arbitration, Dispute, or court proceeding is permitted under the Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the courts located in Tokyo, Japan, and if Japan is prohibited by law, then you agree to submit to the personal and exclusive jurisdiction of the courts located in Los Angeles, California, for the purpose of resolving any and all Disputes or claims.
7.5. Time Limit for Claims. Any claim under the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
7.6. Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution section are held invalid or unenforceable, then this Dispute Resolution section shall survive to the fullest extent permitted by law.
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use. If you choose to access the Website, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
The parties declare that they have required that the Terms and all documents related hereto, either present or future, be drawn up in the English language.
9.1. Violation of The Terms. You agree that Nisshin OilliO may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated the Terms or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of the Terms may cause irreparable harm to Nisshin OilliO for which monetary damages would be inadequate, and you consent to Nisshin OilliO obtaining any injunctive or equitable relief in any court of competent jurisdiction that Nisshin OilliO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nisshin OilliO may have at law or in equity.
9.2. Governing Law. You agree that all matters relating to your access to or use of the Website, including all Claims or Disputes, will be governed by the laws of Los Angeles, California, United States, excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
9.3. Electronic Communications. When you access or use the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve this Agreement in written form by printing it for your records, and you waive any other requirement that the Terms be evidenced by a written document.
9.4. Export Controls. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable domestic or international laws or regulations, including without limitation United States export laws and regulations.
9.5. Severability. All provisions of the Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions.
9.6. Entire Agreement. The Terms, together with our Privacy Policy and any other legal notices published by Nisshin OilliO, constitute the entire agreement between you and Nisshin OilliO with regard to your use of the Website. If you enter into a separate customer agreement with Nisshin OilliO, the Terms shall be read so as to be compatible with such customer agreement. However, to the extent there is an irreconcilable conflict between the Terms and any such terms and conditions in the customer agreement, the provisions set forth in the customer agreement shall control. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the Terms. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO YOU AND SUCH ENTITY.
9.7. Waiver. Nisshin OilliO’s failure to insist on or enforce strict performance of the Terms shall not be deemed a waiver by Nisshin OilliO of any provision or any right it has to enforce the Terms. Any such waiver must be in writing in order to be effective.
9.8. No Third-Party Beneficiaries. The Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
9.9. Relationship of the Parties. No joint venture, partnership, employment, or agency relationship exists between you and Nisshin OilliO as a result of this Agreement or use of the Website.
9.10. Assignment. You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Nisshin OilliO may, in its sole discretion, freely transfer, without further consent or notification, all contractual rights and obligations under this Agreement.
9.11. Notice for California Users. Under United States California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
We may change or revise the Terms without prior notice in accordance with legal compliance and business needs. You are advised to carefully review the latest policies posted on this website.
Please email us at contact@nisshin-oillio-america.com if you have any questions about the Terms.
Last Updated: March 9, 2026