Terms of service.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE, AS WELL AS OUR PRIVACY NOTICE. IF YOU DO NOT AGREE, DO NOT USE THE SITES.

Swipe Global, LLC d/b/a The Nihon Institute (“TNI,” “we,” “us,” or “our”) offers access to and use of our websites located at www.thenihoninstitute.org and first-party application/portal subdomains such as apply.nihon.institute and portal.nihon.institute (collectively, the “Sites”), subject to and conditional upon your compliance with these Terms of Service (the “Terms”).

By accessing or using the Sites, you accept and agree that your access to and use of the Sites are subject to these Terms, which incorporate by reference our Privacy Notice and any additional terms and conditions that may govern your participation in TNI programs (including the Participation Agreement and payment terms provided at acceptance/checkout).

We may revise and update these Terms from time to time in our sole discretion. Your continued access to or use of the Sites after any changes are posted constitutes your acceptance of the revised Terms.

1. Ownership of the Sites and Content

The Sites and all content, features, and functionality, including without limitation images, displays, information, text, audio, video, software, design, selection, and arrangement (collectively, the “Content”), are owned by TNI, its licensors, or other providers of such Content and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual-property or proprietary-rights laws. No right, title, or interest in or to the Sites or the Content is transferred to you, and all rights not expressly granted are reserved by TNI.

All TNI names, logos, product and service names, designs, and slogans are trademarks of TNI or its affiliates or licensors. You must not use such marks without prior written permission.

2. Permitted Use; Prohibited Conduct

You may use the Sites and Content for your personal, non-commercial use in connection with learning about TNI programs or applying to participate in them. Subject to these Terms, you may (a) temporarily store copies incidental to viewing; (b) store files automatically cached by your browser; and (c) print or download one copy of a reasonable number of webpages for personal, non-commercial use related to your interest in or application to a TNI program, provided that you do not (i) modify such copies; (ii) delete or alter any copyright, trademark, or other proprietary notices; (iii) use any photographs, illustrations, video, or audio sequences separately from accompanying text; or (iv) use any mechanized or other systematic process (including robots, spiders, crawlers, scrapers, and similar tools) to access, harvest, or copy any portion of the Sites or Content.

You must not:

  • use the Sites in any unlawful, infringing, defamatory, obscene, harassing, or otherwise objectionable manner;

  • interfere with or disrupt the Sites’ operation or security, including by introducing viruses, worms, logic bombs, or other malicious code;

  • attempt to gain unauthorized access to the Sites, accounts, systems, or networks;

  • use the Sites to send unsolicited messages or promotions;

  • reverse engineer, decompile, or disassemble any portion of the Sites except to the extent such restriction is prohibited by law; or

  • frame, mirror, or otherwise incorporate any portion of the Sites into any other site or service without our prior written consent.

3. Accounts; Security

If you create an account on the Sites, you are responsible for (a) maintaining the confidentiality of your credentials, (b) restricting access to your device(s), and (c) all activities that occur under your account. Notify us immediately of any unauthorized use or security incident. TNI reserves the right to disable any account at any time if, in our opinion, you have violated these Terms.

4. User-Generated Content

We may permit you or other users to post or submit content to the Sites (collectively, “UGC”). You represent that you own or control all rights in and to your UGC and that your UGC does not violate the rights of any third party.

By submitting UGC, you grant TNI a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensablelicense to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such UGC in any media now known or hereafter developed for any lawful purpose in connection with the Sites and our programs. You acknowledge that TNI has no obligation to monitor UGC but may remove or block UGC at any time in our sole discretion, including content that is abusive, defamatory, obscene; fraudulent, deceptive, or misleading; infringing of intellectual-property rights; or otherwise objectionable.

5. Text Messaging

If you provide a mobile number, you agree that TNI may contact you by text message regarding your inquiry, application, program status, logistics, or related program information. Message and data rates may apply. Message frequency may vary based on program interest or status. You may opt out at any time by replying STOP to a message you receive from us, or by emailing privacy@nihoninstitute.org with your number and “opt out” request. For help, reply HELP to any message.

6. Third-Party Sites and Services

The Sites may contain links to third-party sites or integrate third-party services. These are provided for convenience only. TNI does not control and is not responsible for third-party sites, services, or their privacy/security practices. Access them at your own risk. We welcome feedback about links (legal@nihoninstitute.org), but we are not obligated to review or maintain any link.

You may link to pages within the Sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not suggest any association, approval, or endorsement by TNI without our express written consent. We may withdraw linking permission at any time.

7. DMCA / Copyright Complaints

If you believe content on the Sites infringes your copyright, send a notice to our designated agent at dmca@nihoninstitute.org containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief the disputed use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

8. Changes to the Sites

We may update, suspend, or discontinue any aspect of the Sites at any time without notice. We are not liable if all or any part of the Sites is unavailable at any time or for any period.

9. Warranty Disclaimer

THE SITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TNI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TNI DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TNI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the exclusion of warranties; some exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TNI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES OR THE CONTENT, EVEN IF TNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, TNI’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITES OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations; parts of this section may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless TNI and its officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms, (b) your UGC, or (c) your use or misuse of the Sites.

12. Privacy

Our collection and use of personal data through the Sites are governed by our Privacy Notice, which is incorporated by reference into these Terms. Please review it carefully.

13. Governing Law; Venue

These Terms and your use of the Sites are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules. You agree that jurisdiction and venue for any action arising directly or indirectly out of or relating to these Terms or the Sites shall lie exclusively in the state or federal courts located in Jackson County, Michigan.

Note: Participation in TNI programs is governed by separate program agreements (e.g., the Participation Agreement), which may contain binding arbitration and other provisions that apply to program-related disputes.

14. Termination or Suspension

TNI may revoke any rights granted by these Terms and may terminate or suspend your access to and use of the Sites at any time, with or without notice, for any reason or no reason. Upon termination or suspension, you must immediately cease all use of the Sites and Content. Sections 1, 4, 6–13, and 15–16 survive termination.

15. Assignment

You may not assign or transfer your rights or obligations under these Terms without TNI’s prior written consent. TNI may assign its rights and duties under these Terms to any party at any time without notice to you.

16. Miscellaneous

These Terms constitute the entire agreement between you and TNI regarding your use of the Sites and supersede all prior or contemporaneous understandings on that subject. If any provision of these Terms is found unenforceable, the remainder shall continue in full force and effect, and the unenforceable term shall be modified to the minimum extent necessary to be enforceable. No waiver by TNI of any term shall be deemed a further or continuing waiver of such term or any other term. Headings are for convenience only.