Terms & Conditions
These Terms and Conditions of Use are applicable to your use of the NHK Laboratories website (“Site”). By accessing the Site, you are agreeing to be bound by all of the Terms and Conditions of Use herein.
DEFINITIONS
The term “Content” applies to any data, material or information of any type on this Site, as well as data, material and information provided by third parties. Where applicable, the Content on this Site is subject to the following disclaimer: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease.
ACCESS
NHK Laboratories, Inc. (hereinafter, the “Company”) will provide you with access to the Site for the purpose of learning about the Company and its products and services. By providing this access, the Company is acting as an online information provider only. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the Site.
THIS IS A CONTRACT
By acknowledging your acceptance of these Terms and Conditions of Use, a contract will exist between you and the Company. The Company will honor is obligations contained in these Terms and Conditions of Use and in its Privacy Policy, as well as any other terms for providing service which we may place in writing from time to time. Consequently, you acknowledge that you are bound by the Terms and Conditions of Use and that you will honor your promises to the Company under this contract. The Company reserves the right to modify and amend these Terms and Conditions of Use and to post the amended Terms and Conditions of Use on the Site. By your use of this Site, you agree to abide by the applicable Terms and Conditions of Use, as amended from time to time. The Company’s Privacy Policy is incorporated by reference into these Terms and Conditions of Use. Please read the Privacy Policy.
INTELLECTUAL PROPERTY/PERMITTED USE
All information and Content on the Site is protected by copyright, trademark, service mark, patent or other proprietary rights or laws, unless otherwise denoted. Without the Company’s or the appropriate Content provider’s permission, download, copy, modify, reproduce, display, or prepare derivative works based upon the Content of the Site. Any reproduction, except for your personal, non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content from the Site without the express written permission of the Company or the Content provider is expressly prohibited. You may not copy, post, or upload any of the Company’s Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the Site and/or any Content thereon, to any other website or location. You understand and agree that the Content and information available on the Site may contain valuable proprietary rights and that the unauthorized, unlicensed or prohibited disclosure, distribution, copying or use of any kind of this Content and information (“Unauthorized Use”) could result in substantial and irreparable harm to the Company. Any Unauthorized Use by you shall be deemed an infringement of the rights of the Company and shall constitute damage to the Company, including, but not limited to its reputation and good will. You agree to be fully responsible for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including, but not limited to civil liability and/or criminal prosecution. Notwithstanding any and all other remedies, you agree that the Company shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you.
You expressly acknowledge the Company’s proprietary rights, including any and all copyrights and trademarks, in the Site (“Company’s Proprietary Rights”). The Company’s Proprietary Rights include the structure, sequence, organization and look and feel of the Site and/or the Content, as well as the selection, arrangement and display of facts within the Content. You agree not to infringe the applicable copyrights or trademarks, if any, protecting the Company’s Proprietary Rights. You expressly agree to indemnify the Company for any and all costs and expenses (including reasonable attorneys’ fees) related to any legal proceedings brought by or against you with respect to the Company’s Proprietary Rights. All rights not expressly granted herein are reserved.
NO LINKING OR FRAMING PERMITTED
You will not establish or attempt to establish a link between the Site (or any Content on the Site) and any other website, or permit anyone else to establish or attempt to establish a link, either to the home page or to any other page of the Site. You will not frame or attempt to frame any page or portion of the Site.
LINKS TO THIRD PARTIES
The Company may provide links on the Site to Content providers, as well as other third parties. These links are for purely informational purposes only. Via these links you are permitted to leave the Site. The Company has no control over these third party websites and the Company is not responsible in any way for the operation, content, practices or legality of those websites. Consequently, the Company does not endorse and/or approve the privacy policies, terms and conditions of use or information gathering practices of any website you may link to and/or from the Site. Accordingly, the Company’s Privacy Policy and Terms and Conditions of Use do not apply to those linked websites. You hereby waive any claim you might have against the Company with respect to those linked websites. Additionally, third parties may provide links to the Site. These links are for purely informational purposes only and the Company does not approve, endorse or control any linked website’s content, practices and/or policies.
DISCLAIMER OF WARRANTIES
The Company does not warrant or make any representations regarding the operation of the Site, the use, validity, or the results of the use of the information or Content on the Site, the products or services obtained through this Site or any other websites linked to the Site, or any transactions entered into through the Site. You use any and all Content at your own risk. The Company is not responsible for any errors or omissions or for the results obtained from the use of any information and/or Content provided on the Site. The Company does not guarantee that the Site, software, materials, or products will be uninterrupted, timely, secure or free of errors, or that any defects in the Site, software, materials or products will be corrected.
Although it takes reasonable steps to prevent such problems, the Company cannot guarantee or warrant that the Content, information or files available on or for downloading from the Site will be free from infection, corruption, viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of such Content, files or information.
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING THE ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.
Some states do not all the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your state law.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF THE COMPANY HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION AN INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSE AND UNDER ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDNG NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE COMPANY’S SERVICE, USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT OR OTHER GOODS OR SERVICES PROVIDED, LICENSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE LOSS OF ANTICIPATED PROFITS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
TERMINATION/MODIFICATION
The Company may terminate this agreement, with or without cause, at any time, with or without notice, and without penalty.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use shall be governed by and construed under the laws of the State of California without reference to conflict of law principles. These Terms and Conditions of Use are deemed entered into in Los Angeles Country, California. All disputes arising out of or related to these Terms and Conditions of Use, the services or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
ENTIRE AGREEMENT
This is the entire agreement between the parties relating to the subject matter hereof. The waiver or breach of any term hereof shall in no way be construed as a waiver of any other term or breach thereof. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement shall remain in full force and effect.
THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS AND CONDITIONS OF USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS AND CONDITIONS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.
The Terms and Conditions of Use (as changed from time to time as provided herein) shall apply each time you visit the Site.