This website (the "Site") located at https://us.nihonkohden.com/ is published and maintained by Nihon Kohden America, Inc. (the "Company"). By accessing, browsing, creating an account, or otherwise using this Site, you agree to be bound and abide by the Terms and Conditions of Use set forth below. If at any time you do not accept all of these Terms and Conditions of Use (the “Terms”), you must immediately cease use of the Site.
CONTENTS & SUMMARY
|
1. |
This Site is protected by copyrights, patents, trade secrets or other proprietary rights.
|
|
|
2. |
You may only use the Site for lawful purposes.
|
|
|
3. |
You represent that you have the legal capacity to enter into the agreement set out in these Terms.
|
|
|
4. |
Health Information is not intended for use in diagnosis or treatment of a medical condition, illness, or disease.
|
|
|
5. |
Digital Millennium Copyright Act ("DMCA") Notice – Copyright Infringement Complaints |
If you believe any materials on the Site infringe a copyright, you should provide written notice to [email protected] following the DMCA claim resolution procedures.
|
|
6. |
All intellectual property on the Site is owned by the Company or its licensors.
|
|
|
7. |
You agree to the terms of our Privacy Policy.
|
|
|
8. |
Internet transmissions are never completely private or secure.
|
|
|
9. |
Your usernames and passwords for this Site are for your use only and you are responsible for their security.
|
|
|
10. |
You may not tamper with the system for this Site or the accounts of others.
|
|
|
11. |
We are not responsible for third parties or their content, advertisements, apps or sites.
|
|
|
12. |
These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.
|
|
|
13. |
You release us from any claims relating to third-parties.
|
|
|
14. |
You will indemnify and hold the Company harmless for material you post.
|
|
|
15. |
We disclaim warranties and provide the Site "As Is."
|
|
|
16. |
Our liability is limited.
|
|
|
17. |
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
|
|
|
18. |
The Company reserves the right to investigate suspected violations of these Terms.
|
|
|
19. |
If any portion of this agreement is deemed unenforceable, the remaining provisions will survive. California law will apply to these Terms. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises.
|
The Site and its entire contents, design, features and functionality, including but not limited to all audio, images, logos, data, software, text, artwork, video clips and other materials (collectively the "Content") are owned or licensed by the Company, and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
There are a number of proprietary logos, service marks, and trademarks found on the Site, all of which are owned by, or licensed to, or otherwise authorized for use by the Company. All rights are reserved. These logos, service marks and trademarks may not be used without prior written consent of the Company. By making them available on the Site, the Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks.
The Site is only for your personal, non-commercial use. You may not distribute, exchange, modify, sell, or transmit any Content you copy from the Site for any business, commercial, or public purpose. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. You may download one (1) copy only of the Content for your personal, non-commercial use, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way.
This Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
As long as you comply with these Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
This site may contain information regarding medical or health-related subjects. Such information is not offered as medical advice and is not intended for use in diagnosis or treatment of a medical condition, illness or disease.
Materials and links to third party web sites may be made available through this Site by third parties not within Company’s control as Company may act as a "services provider" (as defined by DMCA). The Company is under no obligation to, and does not scan content used in connection with the site for the inclusion of illegal or impermissible content. However, the Company respects the copyright interests of others. It is the Company’s policy not to permit materials known by it to infringe another party’s copyright to remain on the site and will follow procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content.
If you believe any materials on the site infringe a copyright, you should provide the Company with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Email: [email protected]
It is the Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Company, or its licensors, owns all intellectual property on the Site, which includes all trademarks, trade names, copyrights and patents. All trademarks and trade names including the Nihon Kohden logo are owned and registered to the Company or its licensor. All Site content including designs, images, graphics, texts, audio, videos, applications, interactive features, arrangements and software are all protected copyrighted works of the Company and/or its licensors. All rights reserved. You shall not use, copy, republish, reproduce, upload, post, transmit, distribute or modify Company intellectual property in any way without the Company’s written consent.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you. E-mail communications to this site (excluding employment information) are not confidential or proprietary. The sender shall be responsible for the contents of such communication, including its truthfulness and accuracy.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). The Company shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that the Company considers insecure, the Company will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
The Site may contain links to other Internet sites on the World Wide Web. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implies, as to the accuracy, legality, reliability, or validity of any content on any other website. The Company is not responsible for the privacy practices of any other website linked to on the Site. The user should review the privacy policies for those other websites that are linked to on the Site.
The Company reserves the right to make changes to the Site and these Terms at any time, without notice. Any changes to these Terms or any additional terms posted on the Site apply as soon as they are posted. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
If you have a dispute with one or more users (including merchants), you release us (and our parent company, affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of your account.
Your use of the Site is at your own risk. The Site (including all content and functions made available on or accessed through the Site) is provided "as is." To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the server that makes the Site available is free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site.
Under no circumstances, including, but not limited to, the Company's negligence, shall the Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from the use of, the inability to use, or errors or omissions in the contents and functions of the Site, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed $100.00.
(a) U.S. Residents: To the fullest extend permissible by law, with the exception of disputes pertaining to the Company's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Company arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial experience in the internet industry and shall follow California substantive law in adjudicating the dispute, except that this Section 17(a) shall be construed as a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and we agree that we intend that this Section 17(a) satisfies the "writing" requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to the Company. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, the Company shall pay the costs and fees of JAMS and the arbitrator. The Company agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
(b) Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 17(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 17(b). Your notice to us must be sent to us at [email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, the Company and you will engage in a dialogue in order to attempt to resolve the Section 17(b) Dispute, though nothing will require either you or the Company to resolve the Section 17(b) Dispute on terms either you or the Company, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
The Company reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to the Site. The Company may seek to gather information from the user who is suspected of violating these Terms, and from any other user. The Company may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If the Company believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
These Terms and Conditions of Use and any additional terms posted on the Site together constitute the entire agreement between the Company and you with respect to your use of the Site. Any alleged claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules.
