Terms and conditions for e-commerce
HIOKI USA CORPORATION is the owner of the website https://www.hiokiusastore.com/ (the "Site"). Hiokiusastore.com provides website features and other products and services to you when you visit or shop at hiokiusastore.com, use HIOKI USA products or services, use HIOKI USA applications for mobile, or use software provided by HIOKI USA in connection with any of the foregoing (collectively, "HIOKI USA Services"). HIOKI USA Services subject to the following conditions.
Please review our Privacy Notice (*Appendix A), which also governs your use of HIOKI USA services, to understand our practices.
When you use HIOKI USA Services, or send e-mail, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mail, text, mobile push, or notices and messages from this site or through the other HIOKI USA Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement such as communication be in writing.
All content included in or made available through any HIOKI USA Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of HIOKI USA or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any HIOKI USA Service is the exclusive property of HIOKI USA and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of HIOKI USA trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any HIOKI USA Service are trademarks or trade dress of HIOKI USA in the U.S. and other countries. HIOKI USA's trademarks and trade dress may not be used in connection with any product or service that is not HIOKI USA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HIOKI USA. All other trademarks not owned by HIOKI USA that appear in any HIOKI USA Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HIOKI USA.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, HIOKI USA or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the HIOKI USA Services. This license does not include any resale or commercial use of any HIOKI USA Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any HIOKI USA Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by HIOKI USA or its licensors, suppliers, publishers, rightsholders, or other content providers. No HIOKI USA Service, nor any part of any HIOKI USA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HIOKI USA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HIOKI USA without express written consent. You may not use any meta tags or any other "hidden text" utilizing HIOKI USA's name or trademarks without the express written consent of HIOKI USA. You may not misuse the HIOKI USA Services. You may use the HIOKI USA Services only as permitted by law. The licenses granted by HIOKI USA terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own HIOKI USA account to use certain HIOKI USA Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.hiokiusastore.com to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. HIOKI USA reserves the right to refuse service, terminate accounts, terminate your rights to use HIOKI USA Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HIOKI USA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HIOKI USA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HIOKI USA and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HIOKI USA for all claims resulting from content you supply. HIOKI USA has the right but not the obligation to monitor and edit or remove any activity or content. HIOKI USA takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
HIOKI USA respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement. (*Appendix B)
RISK OF LOSS
All purchases of physical items from HIOKI USA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
HIOKI USA attempts to be as accurate as possible. However, HIOKI USA does not warrant that product descriptions or other content of any HIOKI USA Service is accurate, complete, reliable, current, or error-free. If a product offered by HIOKI USA itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product. We regularly check List Prices against prices recently found on HIOKI USA. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on HIOKI USA.
With respect to items sold by HIOKI USA, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by HIOKI USA is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any HIOKI USA Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using HIOKI USA Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including HIOKI USA Software), technology, and services.
Parties other than HIOKI USA operate stores, provide services or software, or sell product lines through the HIOKI USA Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from HIOKI USA. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). HIOKI USA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HIOKI USA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIOKI USA SERVICES ARE PROVIDED BY HIOKI USA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HIOKI USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HIOKI USA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIOKI USA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HIOKI USA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, HIOKI USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIOKI USA DOES NOT WARRANT THAT THE HIOKI USA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HIOKI USA SERVICES, HIOKI USA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HIOKI USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HIOKI USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HIOKI USA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HIOKI USA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any HIOKI USA Service, or to any products or services sold or distributed by HIOKI USA or through hiokiusastore.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our company address, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, HIOKI USA will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any HIOKI USA Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HIOKI USA.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of HIOKI USA Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HIOKI USA CORPORATION
6600 Chase Oaks Blvd., STE 150
Plano, TX 75023
ADDITIONAL HIOKI USA SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with HIOKI USA Services (the "HIOKI USA Software").
- Use of the HIOKI USA Software. You may use HIOKI USA Software solely for purposes of enabling you to use the HIOKI USA Services as provided by HIOKI USA, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the HIOKI USA Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the HIOKI USA Software in whole or in part. All software used in any HIOKI USA Service is the property of HIOKI USA or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the HIOKI USA Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the HIOKI USA Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the HIOKI USA Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the HIOKI USA Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other HIOKI USA or third-party terms applicable to any portion of HIOKI USA Software, such as open-source license terms, such other terms will control as to that portion of the HIOKI USA Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Please review our Notice and Procedure for Making Claims of Copyright Infringement.