Sokkia reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Sokkia Site and to suspend and/or deny access to the Sokkia Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Sokkia does not undertake any obligation or responsibility to update or amend any such information. Sokkia may discontinue or change any product or Sokkia Service described in or offered on the Sokkia Site at any time. Sokkia further reserves the right to block or otherwise discontinue your access and use of the Sokkia Site at any time and for any reason.
Sokkia's License to You
Your License to Sokkia
Any communications or material of any kind that you e-mail, post or otherwise transmit through the Sokkia Site or any Sokkia Service, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Sokkia to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Sokkia Site or elsewhere with no liability or obligation to you. Sokkia is free to use any ideas, concepts, know-how, or techniques contained in your Communications without compensation and for any purpose including, but not limited to, developing and marketing products using such information.
Restrictions on Use
The following requirements apply to your use of the Sokkia Site or any Sokkia Service:
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not use any Sokkia Service or the Sokkia Site to collect or store personal data about other users of the Sokkia Site or other Sokkia members or subscribers.
- You will not use the Sokkia Site for any commercial purpose not expressly approved by Sokkia in writing.
- You will not use any Sokkia Service or the Sokkia Site to upload or transmit any advertising or promotional materials, including without limitation, “spam,” or any other form of solicitation or unauthorized communication.
- You will not use any Sokkia Service or the Sokkia Site to upload or transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not use any Sokkia Service or the Sokkia Site for any purpose that is unlawful, tortious, abusive, harassing, libelous, defamatory, obscene or hateful.
Some of the Sokkia Services, and certain pages of the Sokkia Site, are available only to authorized members or subscribers. Such authorization requires completion and acceptance by Sokkia of your application for subscription or membership and such access may require a valid User ID and password.
Unauthorized use of the Sokkia Site and our systems, including, but not limited to, unauthorized entry into Sokkia's systems, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not attempt to gain unauthorized access to the Sokkia Site or Sokkia Service, computer systems or networks connected to any Sokkia Site or Sokkia Service, through hacking, password mining or any other means. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are solely responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account.
Intellectual Property Rights
All right, title and interest in the Sokkia Site and any content contained herein is the exclusive property of Sokkia and its licensors, except as otherwise stated.
The Sokkia name, the Sokkia logo, and the product and Sokkia Service names are trademarks of Sokkia and no right or license is granted to use them. Product and company names mentioned herein or on the Sokkia Site may be trademarks of their respective owners.
Use of Links and Third Party Content
Disclaimer of Warranty
THE INFORMATION PROVIDED THROUGH THE Sokkia SITE AND ANY SOKKIA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SOKKIA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, LINKS OR OTHER ITEMS CONTAINED ON THE SOKKIA SITE OR ON ANY SOKKIA SERVICE. SOKKIA PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SOKKIA EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED ON THE SOKKIA SITE OR ANY SOKKIA SERVICE.
SOKKIA MAKES NO WARRANTIES REGARDING THE SOKKIA SERVICES OR THE SOKKIA SITE. SOKKIA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL SOKKIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF SOKKIA SERVICES OR THE SOKKIA SITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY SOKKIA, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO ACCESS OR USE THE SOKKIA SITE OR ANY SOKKIA SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SOKKIA SITE OR ANY SOKKIA SERVICE THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION (REGARDLESS OF CAUSE) IN THE CONTENT, REGARDLESS OF THE FORM OF ACTION, INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF SOKKIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SOKKIA OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM (i) THE USE, UNAUTHORIZED USE OR THE INABILITY TO USE ANY SOKKIA SERVICE OR THE SOKKIA SITE; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SOKKIA SITE OR ANY SOKKIA SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last Updated: December 1, 2014