Welcome to the website (the “Site”) of S&B USA (the “Company”, “we” or “us”). Use of the Site, including its content and materials, is governed by the following Terms of Use as well as the Company’s Privacy Policy, both of which may be amended from time to time, and are available at https://www.shikunusa.com/terms-of-use as well as by the instructions the Company has provided on the Site.
Please review these Terms of Use carefully. These Terms of Use are to be read together by you with our Privacy Policy and any other terms, conditions, or disclaimers provided in the pages of our Site. Using the Site constitutes your consent to the Terms of Use without reservation or limitation. The Terms of Use apply to all users of our Site, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content (the “User" or “you”). If you access and use this Site, you accept and agree to be bound by and comply with these Terms of Use and our Privacy Policy. If you do not agree to our Terms of Use or Privacy Policy, you are not authorized to access our Site.
1. General
As set forth in greater detail in Section 6 below, the information on this Site is provided for general information purposes only and is provided ‘As Is, Where Is’ and ‘As Available’ and is without warranty of any kind. While the Company strives to provide only accurate information on this Site, you may discover some inadvertent inaccuracies in the information provided. You may bring any such inaccuracies to our attention by contacting us at the following address: info@shikunusa.com.
2. Non-Offer
The information provided on this website is for general information purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any securities. Nothing herein shall be construed as investment advice or a recommendation or endorsement to purchase or sell Company shares or shares of related companies.
3. Intellectual Property
All content, trademarks, and copyrights contained on the Site are the property of our Company or its licensors. You may not change, edit, copy, publish, distribute, broadcast, present, make available to the public, photocopy, issue a license, create derivative works or rent, sell any part of the information contained on the Site or let or assist a third party to do so without the explicit prior written authorization and consent of the Company. Applications for authorization must be submitted in advance by email to: info@shikunusa.com.
3.1 Copyright
The Site and the content contained herein including, but not limited to, all designs, drawings, diagrams, illustrations, photographs, pictures, maps, videos, audio files, text, code, graphics and other information (the “Information") are protected by the copyright laws of the state of Israel, international treaties and copyright laws in other countries. The Information is the property of the Company or third parties that allowed the Company to publish the Information on the Site. The User acknowledges the existing copyrights in the Information and undertakes not to make any commercial use of the Information or use of the instructions of copyright laws and international treaties or change or alter the Information or any part thereof. User or any third party on its behalf shall not present any part of the Information by way of framing or in any other way, but by placement of a direct link to the relevant complete and original web page on the Site itself. The Company is free to block every link to the Site which, according to Company’s sole and exclusive discretion, does not meet all the aforementioned conditions.
3.2 Registered Trademarks And Brands
The Company's brand, as well as any other registered trademark of the Company or any one of the companies that are part of the group whether the trademark appears or not, are registered trademarks and therefore the Company's property or Company brands and only the Company is entitled to make use of the brands and trademark. No license to use any of the Company’s trademarks or brand is given or implied. Users are not permitted to use these trademarks or brands without the prior written consent of the Company. The use of these trademarks, brands, or other materials, except as permitted herein, is expressly prohibited and may be in violation of federal or other applicable laws.
3.3 Patents
The Company is continually innovating and developing novel technology and products. It is the policy of the Company to seek patent protection in the United States and abroad for our technology and products.
3.4 Third-Party Content
Content published on this Site may contain other proprietary notices or describe products, services, processes, or technologies owned by the Company or other third parties. Third party trademarks, or proprietary brands, referenced on this Site are the property of their respective owners. By publishing this content, the Company is not granting any license under any copyright, trademark, patent or other intellectual property right of the Company or any third party.
4. Links To Other Sites
As a convenience, this Site may contain links to other sites that are not controlled by, or affiliated or associated with the Company. The Company does not make any representations concerning the privacy practices or terms of use of such sites, nor does the Company control or guarantee the accuracy, integrity or quality of the information and materials available on such sites. The inclusion of links to other sites does not attest to support of the content of these sites or any other connection to these sites or their operators. The Company is not responsible for the proper functioning of the links and may, at its own discretion, remove any link from the Site.
5. User's Obligations
The User hereby undertakes to make use of the Site in good faith and in accordance with these Terms of Use and the Company’s Privacy Policy. The User is responsible for complying with the laws of the jurisdiction from which the User is accessing this Site. You agree that you will not access or use the information on this Site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this Site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the internet, we recommend that you not submit information you consider confidential.
The User agrees to enter and access the Site and use our information in accordance with these Terms of Use, our Privacy Policy and all applicable laws and regulations. By accessing the Site, you also acknowledge and adhere to these User obligations:
5.1 Our site is intended for users aged 18 or older. You must be at least 18 years old and have the legal capacity to enter into these Terms of Use and agree to our Privacy Policy. By accessing the Site, you represent and warrant that you meet these eligibility requirements.
5.2 Except as may be permitted on certain pages of the Site, you are not permitted to post any content on the Site. Where you are permitted to post content on the Site, you may not post or link to any content that is false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented, threatening, invasive of a person’s privacy, or that would infringe on any third party’s rights (including copyrights or other intellectual property rights) or content that otherwise violates any applicable law, rules or regulations. We have the right to distribute, copy, adapt, reproduce, and otherwise use any content that you post to the Site. We may, but are not required to moderate, review, edit, or remove any content you post to the Site for any reason. Any information that you post to our Site becomes publicly available and may be viewable by any visitors to our Site. By posting content to our Site, you agree that such posting is subject to these Terms of Use and our Privacy Policy.
5.3 The User agrees not to make commercial use of any information contained on the Site. The right to use the information on the Site is granted to the personal and private use of the User. This Site and the material on this Site may not be modified, copied, distributed, republished, downloaded, uploaded, or commercially exploited in any manner without the Company’s prior written consent, except that you are permitted to download a copy of any of the materials on this Site on a single computer for personal, noncommercial use, provided no copyright, trademark or other proprietary notices are removed. The information should not be used for commercial purposes or making profit and the User is not permitted to allow use to any other third parties whether for consideration or no consideration.
5.4 The User agrees not to upload, retrieve, transmit, distribute or publish information or any other material:
5.5 The User agrees not to make any changes and/or interfere in any manner in the source code of the Site and/or the content and information contained in the Site and not to upload software and/or any other applications that might harm or cause damage to the Company and/or any other third parties.
5.6 As discussed in our Privacy Policy, while the Company implements reasonable measures to protect the security of your information, you acknowledge and agree that no method of transmission over the Internet or method of electronic storage is completely secure. The Company does not and cannot guarantee the absolute security of your data. By using the Site, the User accepts all inherent risks associated with online communications and agrees that the Company shall not be held liable for any unauthorized access, disclosure, alteration, or destruction of your information resulting from such risks. For the avoidance of doubt, you agree that you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. To the fullest extent permitted by law, the Company disclaims all liability for any damages arising from the unauthorized access to or use of your personal information.
5.7 The User agrees not to make use of the Site in a manner that does not comply with any law and/or is not agreed or that constitutes forgery, change or erasure of information.
6. No Warranty And Limitation Of Liability And Indemnification
THE MATERIAL ON THIS SITE IS PROVIDED ‘AS IS, WHERE IS’ AND ‘AS AVAILABLE’ AND IS WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND THE MATERIAL ON THIS SITE. THE COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSSIBLE ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE CONTENTS OF THIS SITE. CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You will indemnify and hold us harmless from and against any and all claims, losses, and damages, including attorneys’ fees, that arise in connection with your use of the Site or your breach of these Terms of Use and/or our Privacy Policy.
7. Privacy And Information Storage
We are committed to protecting your privacy. Please refer to our Privacy Policy for information about how we collect, use, store and disclose your personal data. By accessing our Site, you consent to the collection and use of your data in accordance with the Privacy Policy and these Terms of Use.
8. Termination of Site Activities
The Company is entitled at all times to terminate the operation of the Site whether for a defined period of time or whether permanently without prior notice and without receiving the User's consent to do so.
9. Miscellaneous
9.1 The Company reserves the right to make changes in the access, operation and content of this Site at any time without notice. The User shall have no claim towards the Company due to changes in the information in the Site. The Company reserves the right to refuse to grant access to this Site or any part thereof to any User according to its sole discretion and without prior notice.
9.2 The Company reserves the right to amend, add or alter these Terms of Use and its Privacy Policy from time to time. Every change made in the Terms of Use and/or Privacy Policy will take effect immediately upon its publication on the Site. Your continued use of the Site after the changes takes effect constitutes your acceptance of the updated Terms of Use and Privacy Policy, so please check before each use for changes.
9.3 The Company is entitled to assign its rights in accordance with these Terms of Use and its Privacy Policy to any third party as it sees fit and without obligation on its behalf to publish the act of assignment on the Site.
9.4 The information provided on this Site is provided solely for illustrative and/or informational purposes and User acknowledges and agrees that it does not create any business, contractual or employment relationship.
9.5 These Terms of Use and Privacy Policy shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania without regard to its conflicts of laws rules. Jurisdiction and venue is exclusively limited in any proceeding regarding this Site to any court geographically located in Allegheny County, Pennsylvania. Users hereby waive any objections to the jurisdiction and venue of the courts in or for Allegheny County, Pennsylvania, including any objection to personal jurisdiction, venue, and/or forum non-conveniens, in any proceeding involving the Company, its Site, and/or any rights thereunder.
9.6 In the event that any part of the Terms of Use and/or Privacy Policy is not enforceable or invalid, then the clauses whose effectiveness was invalidated or were determined to be unenforceable shall be deemed to be replaced by enforceable and valid clauses whose content matches, with the utmost level of suitability, the intention of the original clauses, and the remaining clauses of the Terms of Use and/or Privacy Policy shall remain in effect.