Terms of Use

Use of this site is subject to the following terms and conditions (the “Terms”). Nihon Kohden reserves the right to revise these conditions at any time, without notice, by updating this posting. By accessing, browsing, or using this site, you agree to be bound by these Terms, including any updates or revisions.

Site Use

The content of this site is owned or controlled by Nihon Kohden and is protected by copyright law. Use of the site and its contents are permitted for personal, non-commercial purposes only. Modification, reproduction, transmission or distribution of this material is prohibited without prior, written authorization.

Privacy Policy

In addition to these Terms, the Nihon Kohden Privacy Policy governs your access to and use of this site.

Disclaimer of Warranties

THE SITE, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without limiting the foregoing, Nihon Kohden is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the site. As between you and Nihon Kohden, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the site, including, without limitation, postings and materials associated with your use of the site. Nihon Kohden shall not be liable for any direct, incidental, consequential, indirect or punitive damages or injury caused by your reliance on information obtained through the site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.

The information contained on this site may be changed, modified or supplemented at any time without notice.

Indemnification

You agree to indemnify, defend and hold Nihon Kohden and its parent, subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorney’s fees, resulting from or arising out of your access, browsing, or use of the site, content you submit, post, transmit or make available through this site, your violation of these Terms, or your violation of the rights of any other person or entity.

Limitation of Liability

IN NO EVENT SHALL NIHON KOHDEN BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF NIHON KOHDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SITE, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH THIS SITE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF NIHON KOHDEN TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

Health Information

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.

E-mail Confidentiality

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.

Links to Other Sites

As a convenience, links or references to other third-party sites may be provided. Nihon Kohden has no responsibility for the content or use of such other sites and shall not be liable for any damages or injury arising from such sites or their content. Nihon Kohden has not reviewed such sites and does not endorse such sites or their contents. Links to any other site are only provided as a convenience and are accessed at your own risk.

Links to Nihon Kohden Web Site

You may freely add links to the Nihon Kohden web site for profit or non-profit use, except that the following links are prohibited.

  • Links from sites which include material which is slanderous, libelous or defamatory to Nihon Kohden's products or services or damaging to the reputation of Nihon Kohden, as determined by Nihon Kohden in its sole discretion.
  • Links which cause Nihon Kohden's web pages to appear inside other frames, or links which make unclear, by any means, the ownership of the contents of Nihon Kohden's web page, as determined by Nihon Kohden in its sole discretion.

Links to Nihon Kohden's web site must use the URL http://www.nihonkohden.com/

Recommended Environment

The following environment is recommended for satisfactory use of this website.

[Recommended Web Browser]

  • Microsoft Internet Explorer Version 8.0 or 9.0
  • Mozilla Firefox
  • Google Chrome

[Required plug-ins]

  • Adobe® Flash® Player

Please download and install the latest version of Adobe® Flash® Player free of charge.

  • Adobe® Reader®

Please download and install the latest version of the Adobe® Reader® free of charge.

[JavaScript]

Some contents in this website use JavaScript. Before you use the services provided herein, please enable JavaScript in your Web browser.

Choice of Law and Forum

The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of California, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in Irvine, California, U.S.A., and you agree to submit to the personal and exclusive jurisdiction of these courts.

Limitation on Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.