Terms of Service

1. Introduction

Welcome to Nichiballe. These Terms of Service ("Terms") govern your access to and use of the Nichiballe website at nichiballe.com (the "Website") and any services, information, and content provided through the Website (collectively, the "Services").

Please read these Terms carefully before using our Website or Services. By accessing or using our Website or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Website or Services.

2. Use of the Website and Services

2.1 Eligibility

You must be at least 16 years old to use our Website and Services. By using our Website and Services, you represent and warrant that you meet this requirement.

2.2 Account Registration

Some parts of our Website or Services may require you to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.3 Acceptable Use

You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our Website or Services in any way that violates any applicable federal, provincial, local, or international law or regulation
• Use our Website or Services to transmit or send unsolicited commercial communications
• Use our Website or Services to impersonate or attempt to impersonate Nichiballe, a Nichiballe employee, another user, or any other person or entity
• Interfere with or disrupt the operation of our Website or Services or the servers or networks connected to our Website or Services
• Attempt to gain unauthorized access to any portion of our Website or Services, or any other systems or networks connected to our Website or Services
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Website or Services, or which may harm Nichiballe or users of our Website or Services

3. Intellectual Property Rights

3.1 Ownership

Our Website and Services, including all content, features, and functionality, are owned by Nichiballe, its licensors, or other providers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for your personal, non-commercial use.

3.3 Restrictions

You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our Website or Services, except as expressly permitted by these Terms
• Use any illustrations, photographs, video or audio sequences, or any graphics from our Website or Services separately from the accompanying text
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website or Services
• Access or use for any commercial purposes any part of our Website or Services

3.4 Trademarks

The name "Nichiballe" and all related names, logos, product and service names, designs, and slogans are trademarks of Nichiballe or its affiliates or licensors. You may not use such marks without the prior written permission of Nichiballe. All other names, logos, product and service names, designs, and slogans on our Website or Services are the trademarks of their respective owners.

4. User Content

4.1 User Contributions

Our Website or Services may contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials ("User Content").

4.2 License to User Content

By posting User Content, you grant Nichiballe a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content you post and have the right to grant the license above.

4.3 Prohibited Content

You agree not to post User Content that:

• Is false, inaccurate, or misleading
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person
• Violates the legal rights of others or contains any material that could give rise to civil or criminal liability under applicable laws
• Is obscene, indecent, offensive, pornographic, abusive, or otherwise objectionable
• Contains or installs any viruses, worms, malware, trojan horses, or other harmful or destructive content
• Constitutes unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation

4.4 Monitoring and Enforcement

We have the right, but not the obligation, to:

• Remove or refuse to post any User Content for any or no reason
• Take any action with respect to any User Content that we deem necessary or appropriate
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Terminate or suspend your access to all or part of our Website or Services for any or no reason

5. Third-Party Links and Content

Our Website or Services may contain links to third-party websites or resources. These links are provided for your convenience only and do not imply endorsement, sponsorship, or recommendation by Nichiballe. We have no control over the contents of those sites or resources and accept 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 websites linked to our Website or Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. Disclaimer of Warranties

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NICHIBALLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NICHIBALLE DOES NOT WARRANT THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability

IN NO EVENT SHALL NICHIBALLE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES.

IN NO EVENT SHALL NICHIBALLE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, OUR WEBSITE, OR OUR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO NICHIBALLE FOR ACCESS TO OR USE OF OUR WEBSITE OR SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless Nichiballe, its affiliates, and their respective directors, officers, employees, agents, and service providers 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 or your use of our Website or Services.

9. Governing Law and Jurisdiction

These Terms and your use of our Website and Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding arising out of or related to these Terms or our Website or Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

10. Changes to These Terms

We may revise these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Website and Services thereafter. Your continued use of our Website or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

11. Termination

We may terminate or suspend your access to all or part of our Website or Services, without notice, for any or no reason, including without limitation your breach of these Terms. Upon termination, your right to use our Website and Services will immediately cease.

12. Severability

If any provision of these Terms is held 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 these Terms will continue in full force and effect.

13. Entire Agreement

These Terms, our Privacy Policy, and any other agreements or policies referenced herein constitute the entire agreement between you and Nichiballe regarding our Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website and Services.

14. Contact Us

If you have any questions or concerns about these Terms or our Website or Services, please contact us at: