WELCOME TO OUR WEBSITE ( https://us.nihonkohden.com ) (THE “SITE”). BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AN ADULT OF 18 OR MORE YEARS OF AGE, HAVE THE LEGAL CAPACITY TO ENTER A CONTRACT, AND BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THIS SITE AND YOU SHOULD IMMEDIATELY CEASE USING THE SITE.

1. Agreement. This Nihon Kohden America Website Terms of Use agreement (the "Agreement") governs your access to and use of the Site. This Agreement may be modified at any time by Nihon Kohden America, LLC (“NKA” or “us” or “we” or “our”) by posting the modified Agreement to the Site, as determined in NKA’s sole and exclusive discretion. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of this Agreement at any time at https://us.nihonkohden.com under the Terms of Use webpage. Your use of this Site shall constitute and be deemed your unconditional acceptance of this Agreement, including but not limited to any modification or changes to the Agreement.
2. Privacy. Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into this Agreement. Please review our Privacy Policy at https://us.nihonkohden.com/privacy-policy/. NKA reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.
3. Site Content. The Site is provided on an “as is” basis and may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our products and services, we do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Site or any of its features at any time as determined in our sole and absolute discretion.
4. Intellectual Property. All content on this Site including, without limitation, graphics, logos, trademarks, images, and software is, and shall continue to be, the property of NKA or our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. All Site content including designs, images, graphics, texts, audio, videos, applications, interactive features, arrangements and software are all protected copyrighted works of NKA and/or our licensors. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5. Site Use. NKA grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to 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, content from the Site or the Site itself, reverse engineer or hack into the Site, or use materials, products or services in violation of any law. You further agree not to use the Site to impersonate or attempt to impersonate NKA, NKA’s affiliates and subsidiaries, NKA’s and our affiliates’ and subsidiaries’ employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). Your use of this Site is at the sole and absolute discretion of NKA who may terminate your access and use at any time.
6. Links to Other Sites. The Site may provide links to other websites. This Agreement or our Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit.
7. Security of Electronic Transmissions. 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. Sending an e-mail message to NKA does not create any reciprocal obligation or responsibility of NKA 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.
8. Violation of Security Systems. 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, if applicable. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. Furthermore, you agree not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm NKA, our affiliates or subsidiaries or users of the Site, or expose us and them to liability. If you become involved in any violation of system security, NKA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
9. No Medical Advice. 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.
10. Compliance with Laws. You may use the Site only for lawful purposes and in accordance with the terms and conditions of this Agreement. You agree to comply with all applicable laws regarding your use of the Site and will not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. Geographic Restrictions. The owner of the Site is based in the State of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are solely responsible and liable for compliance and noncompliance with local laws.
12. Indemnification. You agree to indemnify, defend and hold NKA and our partners, employees, subsidiaries and  affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
13. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NKA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. 
14. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL NKA, OUR AFFILIATES, OUR SUBSIDIARIES AND OUR AND OUR AFFILIATES’ AND/OR OUR SUBSIDIARIES’ DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, “NKA PARTIES”) BE LIABLE OR RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. IN NO EVENT SHALL NKA PARTIES’ TOTAL LIABILITY IN THE AGGREGATE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) HEREIN EXCEED ONE HUNDERD ($100.00) DOLLARS.
    You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
15. Release. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS (INCLUDING MERCHANTS), YOU RELEASE US (AND OUR PARENT COMPANY, AFFILIATES, 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, WHICH 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.
16. Applicable Law. You agree that the laws of the state of California without regard to any conflicts of laws provision will govern this Agreement and any dispute that may arise between you and NKA or our affiliates/subsidiaries or any NKA Parties. Except as set forth in Section 18 below, the venue shall be the state and federal courts located in Orange County, California.
17. Investigations. NKA reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting, or e-mails you make or send to the Site. NKA may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. NKA may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as NKA deems appropriate and without notice. If NKA believes, in our sole and absolute discretion, that a violation of this Agreement has occurred, we 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 we deems appropriate. NKA will fully cooperate with any law enforcement authorities or court order requesting or directing NKA to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS NKA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NKA DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER NKA OR LAW ENFORCEMENT AUTHORITIES.
18. Binding Arbitration of all Disputes, No Class Relief. 
    1. Mandatory Binding Arbitration. Except for claims for injunctive or equitable relief, any dispute, controversy, or claim arising out of or relating to this Agreement, including, without limitation, its formation, interpretation, breach, termination, validity, or enforceability (collectively, a "Dispute"), shall be submitted to mandatory, final, and binding arbitration in accordance with this Section 18.
    2. Arbitration Procedure. The arbitration shall be administered by the JAMS in accordance with the  JAMS Streamlined Arbitration Rules and Procedure then in effect. The arbitration shall take place before a tribunal of three (3) arbitrators unless the parties mutually agree to a single arbitrator. The language of the arbitration shall be English. The arbitrators shall be bound to adjudicate all Disputes in accordance with the laws of the State of California, and their decision shall be in writing with written findings of fact. The decision of the arbitrator(s) shall be final and binding on the parties.
    3. Costs and Fees. Each party shall bear its own costs and attorney's fees in connection with the arbitration proceedings; provided, however, that if one party is the prevailing party, that party shall be entitled to reimbursement of reasonable attorney's fees and costs actually incurred in connection with the arbitration.
    4. Class Action Waiver.
       1. Waiver of Class, Consolidated, and Representative Actions. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
          1. YOU ARE GIVING UP YOUR RIGHT TO LITIGATE DISPUTES IN COURT BEFORE A JUDGE OR JURY;
          2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST US AND/OR RELATED THIRD PARTIES; AND
          3. YOU ARE GIVING UP YOUR RIGHT TO CONSOLIDATE YOUR CLAIM WITH THE CLAIMS OF OTHER PARTIES.
       2. Individual Basis Only. The parties hereby agree to arbitrate any Dispute solely on an individual basis. Class arbitration (including any presiding or other form of representative class proceeding) and the consolidation of claims made by more than one plaintiff are expressly prohibited. The parties may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
    5. Arbitration Location. You or we shall initiate arbitration in Orange County, California. In the event any other legal proceeding takes place outside of arbitration, the parties agree to be subject to jurisdiction in and hereby choose Orange County, California as the parties’ exclusive venue.
    6. Severability of the terms of this Section 18. If any clause within these terms set forth in this Section 18 (other than the “Class Action Waiver” clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 18, and the remainder of these terms and conditions will be given full force and effect. If the “Class Action Waiver” clause is found to be illegal or unenforceable in its entirety, this entire Section 18 will be unenforceable, and the Dispute will be decided by a court.
    7. Exclusive Remedy. This Section 18 provides the sole recourse for the settlement of any and all Disputes arising in connection with or related to this Agreement, except as otherwise stated herein.
    8. Survivability.  This Section 18 shall survive termination of your access to and use of the Site and the ceasing of the operation of the Site itself.
19. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
20. Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
21. Miscellaneous. This Agreement and any additional terms posted on the Site together constitute the entire agreement between NKA 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. This Agreement is not assignable, transferable, or sub-licensable by you, and any attempt by you to assign, transfer or sub-license this Agreement in violation of the terms and conditions set forth herein shall be null and void. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of the enforcement of such right or provision. Our waiver of any term under this Agreement shall not constitute further or continuing waiver of such term or any other term.  Those terms and conditions set forth herein that by their nature would continue apply after termination of your access to and use of the Site and/or the cessation of the Site itself shall so continue to apply.
22. Contact Information.
    Nihon Kohden North America, Inc.
    15615 Alton Parkway
    Suite 150
    Irvine, CA 92618 
    Legal@nihonkohden.com