Legal / Privacy

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nathaniel Group. The collective work includes works that are licensed to Nathaniel Group. Copyright 2012, Nathaniel Group. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nathaniel Group or purchasing Nathaniel Group products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Nathaniel Group or to purchase Nathaniel Group products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nathaniel Group. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks and trade names of Nathaniel Group used in the site are trademarks or registered trademarks of

Nathaniel Group.


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law,
Nathaniel Group disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nathaniel Group does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Nathaniel Group does not make any warantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability

Nathaniel Group shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if
Nathaniel Group has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors

In the event that a
Nathaniel Group product is mistakenly listed at an incorrect price, Nathaniel Group reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nathaniel Group reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nathaniel Group shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by
Nathaniel Group without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice

Nathaniel Group may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to
Nathaniel Group.


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Vermont, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of
Nathaniel Group products) shall be in the state or federal courts located in Addison County, Vermont. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nathaniel Group products) must be commenced within one (1) year after the claim or cause of action arises. Nathaniel Group's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nathaniel Group may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a
Nathaniel Group or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Nathaniel Group
does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site,
Nathaniel Group is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nathaniel Group reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nathaniel Group in its sole discretion.


Indemnification

You agree to indemnify, defend, and hold harmless
Nathaniel Group, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links

In an attempt to provide increased value to our visitors,
Nathaniel Group may link to sites operated by third parties. However, even if the third party is affiliated with Nathaniel Group, Nathaniel Group has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nathaniel Group. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nathaniel Group seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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Privacy Policy

Introduction
At Ushio America, Inc. and its subsidiaries (collectively, “Ushio”), we respect the privacy of our customers and visitors of our websites. While offering our website users the advantages and convenience of web-based technologies, we also strive to employ practices that ensure information collected about our customers and visitors is used conscientiously and appropriately. This Privacy Policy outlines the use of personally identifiable information (“personal information”) collected on Ushio’s websites. It does not address the use of such information collected offline. For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”) the data controller is Ushio America, Inc., with an office at 5440 Cerritos Avenue, Cypress, CA 90630 U.S.A.
Information We May Request and How the Information May Be Used
We may ask you for personal information or business information to create an online account for online transactions, to enable us to enhance your site visit and your relationship with us, to provide information to you about our products, to acquaint you with marketing or promotional programs we offer from time to time, or for other purposes related to our business. We may also invite you to complete surveys or questionnaires intended to assist us in identifying customer needs, developing marketing programs, and obtaining feedback on specific matters. In connection with online purchases of our products, we may collect contact information such as your name, email address, and phone number, as well as billing information such as credit card number and billing address. Unless personal information is requested to complete online transactions, it is completely a matter of your choice as to whether you submit any requested information to us.
Use of Information You Submit
We will only process your personal information, including sharing it with third parties, where (1) you have provided your consent that can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, provided your interests and fundamental rights do not override those interests. We process your personal information for the following purposes:
  • To register you as a new customer
  • To process and deliver your order including:
    • Manage payments, fees, and charges
    • Collect and recover money owed to us
  • To manage our relationship with you, which will include:
    • Notifying you about changes to our terms or Privacy Policy
    • Asking you to provide feedback or take a survey
  • To enable you to participate in a prize draw, competition, or complete a survey
  • To administer and protect our business and websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)
  • To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
  • To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences
  • To make suggestions and recommendations to you about goods or services that may be of interest to you
If you choose to submit your personal information to us, we will not sell or transfer that information to outside parties, and we will treat that information confidential, with the following exceptions. “Outside parties” do not include website hosting companies and other parties we may use to assist us in operating our websites, conducting our business, or servicing you, so long as those parties agree to terms consistent with this Privacy Policy.  The categories of companies that may receive your personal information include those involved in the following services: website hosting, email archiving, customer relationship management, online store hosting, and expense reimbursement.  In addition, we may disclose your personal information if required by law or law enforcement agencies or as we consider reasonably necessary to protect persons or property from harm.
Online Tracking
Unless you are visiting our online store to make online purchases, you can visit our websites without revealing who you are or any personal information about yourself. Our web servers do collect the domain names of visitors to our website, but we cannot identify you personally from a domain name. We may place a “cookie” on your computer’s hard drive. A “cookie” is a small data file that can be used to track repeat visits and navigation through certain parts of our website. Cookies are useful to us in evaluating the effectiveness of our website and designing and making improvements to our website, but they are not used to identify you personally. You can reject “cookies” by making the appropriate settings to your web browser. We do not collect personal information about your browsing activities over time and across third-party websites or online services. To the best of Ushio’s knowledge, other parties do not conduct online tracking of our customers or visitors while they are on our websites. For more information about our practices, please see our Cookie Policy.
Our Newsletter and Marketing Emails
We use a third party provider, MailChimp, to deliver our email newsletter and marketing emails. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our content. For more information, please see MailChimp’s privacy notice here.
Security of Information
We use reasonable efforts to try to protect the security of any information you may submit to us. However, we cannot give you any absolute assurances as to the security of information you provide to us, and you provide information to us at your own risk. We can assure you that any financial information you provide to us will be directed to a secure server where such information is encrypted and that we will store the information on a secure server for only as long as reasonably necessary to process and complete the specific transaction for which the financial information is furnished. To the extent that we use a third party to assist us in operating our websites, such third party is required to implement and maintain reasonable security procedures and practices appropriate to protect the information collected by our customers and visitors of our websites. In the event we become aware of any breach of security with respect to financial or other sensitive information you have provided to us, we will use our best efforts to notify you of that breach as promptly as possible.
How You Can Review and Correct Your Personal Information
If you want to review and correct your personal information you submitted to us through our websites, please sign in to your account to update or modify your personal information if you are using our online store or contact us at customerservice@ushio.com. if you submitted your personal information through other Ushio websites.
How long we store information
If you want to review and correct your personal information you submitted to us through our websites, please sign in to your account to update or modify your personal information if you are using our online store, or contact us at one of the following email addresses if you submitted your personal information through other Ushio group websites:
  • Ushio America, Inc.: customerservice@ushio.com
  • Necsel Intellectual Property, Inc.: sales@necsel.com
  • Necsel New Jersey (formerly PD-LD, Inc.): sales@necsel.com
  • Ushio Vermont (formerly Nathaniel Group, Inc.): VermontCustSupp@ushio.com
  • Zylight LLC: customerservice@ushio.com
Opting Out
If you do not wish to receive marketing material from us via the internet, let us know that in the manner indicated when you provide information to us, use the opt out procedure we specify in mailings sent to you, or contact us in the manner indicated below.
Your European rights
If you are based in the EU, in certain circumstances, you have rights under the GDPR in relation to your personal information.
  • Request access to your personal information. You may have the right to request access to any personal information we hold about you as well as related information, including the purposes for processing the personal information, the recipients or categories of recipients with whom the personal information has been shared, where possible, the period for which the personal information will be stored, the source of the personal information, and the existence of any automated decision making.
  • Request correction of your personal information. You may have the right to obtain without undue delay the rectification of any inaccurate personal information we hold about you.
  • Request erasure of your personal information. You may have the right to request that personal information held about you is deleted.
  • Request restriction of processing your personal information. You may have the right to prevent or restrict processing of your personal information.
  • Request transfer of your personal information. You may have the right to request transfer of personal information directly to a third party where this is technically feasible.
Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office. You can exercise any of these rights by emailing us at one of the following email addresses:
  • Ushio America, Inc.: customerservice@ushio.com
  • Necsel Intellectual Property, Inc.: sales@necsel.com
  • Necsel New Jersey (formerly PD-LD, Inc.): sales@necsel.com
  • Ushio Vermont (formerly Nathaniel Group, Inc.): VermontCustSupp@ushio.com
  • Zylight LLC: customerservice@ushio.com
Links to Other Sites
For your convenience, we may provide links to other websites we do not operate. However, we are not responsible for the privacy policies of those websites.
Children
This website is not intended for use by children under 13 years of age. We do not knowingly solicit, collect, or store personal information from or about children, and we do not knowingly market our products to children.
Changes to Policy/Effective Date
If we decide to change this Privacy Policy, we will post the changes on this page. Policy changes will be effective immediately upon posting on this website but will apply only to information collected after the date of the changes. We reserve the right to change, update, or add to this Privacy Policy at any time by posting such change, update, or addition on this website and without any other notice to you. Therefore, please review this Privacy Policy from time to time to ensure that you continue to agree with all of its terms. This policy was last updated on May 25, 2018.
Contact Us
If you have any questions or wish to bring anything to our attention regarding this Privacy Policy, you may contact us by email addressed to feedback@ushio.com. Back to top