TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM IT.

1. General.

A. These terms of use (“Terms of Use”) apply to your access and use of Polk.com (the “Website”). This Website is owned and operated by R. L. Polk Japan KK ("Polk"). Polk has the right at any time to change, alter, add and/or remove portions of the Terms of Use by updating the contents of this page. You are advised to periodically visit this page and review the current revisions to our Terms of Use. Polk, at its sole and exclusive discretion, reserves the right to alter or discontinue any aspect or feature of this Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of this Website, without prior notice.

B. This Website can be accessed from countries around the world and it may contain references to products, services and programs that are not available in your country. These references do not imply that Polk intends to announce such products, services or programs in your country. Polk controls this Website from its offices within Japan. Polk makes no representation that materials in this Website are appropriate or available for use in other locations where their content is illegal or prohibited. If you access this Website from a location outside Japan, you are responsible for compliance with all local laws. You may not use or export the materials from this Website in violation of Japanese export laws or regulation.


2. Restrictions on Use.

A. All materials on this Website are protected by Japan copyright laws and other applicable laws and treaty provisions of countries throughout the world, and are owned by Polk, any of its affiliates (collectively, the “Polk Companies”), or other third parties. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Polk or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

B. The foregoing provisions of Section 2 are for the benefit of Polk, the Polk Companies, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


3. Disclaimer of Warranty; Limitation of Liability.

A. You expressly agree that use of this Website is at your sole risk. Neither Polk, the Polk Companies, nor any of their respective employees, agents, third party content providers, or licensors warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Website, or as to the accuracy or reliability of any information, service, or merchandise provided through this Website.

B. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that Polk is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

D. IN NO EVENT WILL POLK, THE POLK COMPANIES, THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS EVEN IF POLK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICE AVAILABLE THROUGH THIS WEBSITE THAT IS DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ACCORDINGLY, THE LIMITATION AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL POLK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.


4. Indemnification.

You agree to defend, indemnify, and hold harmless Polk, the Polk Companies, and their respective directors, officers, employees, and agents from and against all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) made by any third party due to and arising out of your use of this Website, your connection to this Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.


5. Trademarks.

The trademark “POLK” and any Polk product names used, quoted and/or referenced with this Website are trademarks or registered trademarks of Polk or any one of the Polk Companies and are to the extent applicable protected under state, federal, and international trademark laws and treaties. All rights reserved. All other company names, trademarks or product names appearing on this Website are the property of their respective owners.


6. Third Party Content and Links.

A. This Website may provide links to other websites and access to content, products and services from third parties, including information providers and users. You expressly agree that Polk is not responsible for the availability of, and content provided on third party websites. YOU AGREE THAT POLK IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT THAT YOU MAY INCUR FROM DEALING WITH A THIRD PARTY. All third party websites linked to or from this Website are independently operated and maintained.

B. Nothing contained in this Website shall be interpreted as a recommendation and/or endorsement by Polk of the contents of any linked sites and any products and/or services appearing on and/or provided thru such linked sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the linked sites and Polk.


7. Transmitted Materials.

A. Any materials, information or ideas that you transmit to or post to this Website (“Transmitted Materials”) is deemed non-confidential and non-proprietary, and Polk and the Polk Companies have no obligations to you with respect to such Transmitted Materials. Polk shall not be obligated to examine, evaluate or adopt the Transmitted Materials.

B. By sending Polk any Transmitted Materials, you agree that Polk is free to use any ideas, concepts, know-how or techniques that you send Polk for any purpose. Therefore, Polk shall not be responsible for any loss, expense or damage, including but not limited to, payment of compensation in connection with Polk’s adoption of information or materials similar to or identical to the Transmitted Materials.


8. Miscellaneous.

These Terms of Use and any other rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between you and Polk with respect to your use of this Website. You agree that the statutes and laws of Japan, without regard to its conflict of laws rules, shall govern all matters relating to your access to, or use of, this Website. You agree to submit to the exclusive personal jurisdiction of Japan, and agree that venue is proper in any court located in Tokyo, Japan. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible as to effect the intent of the parties as reflected by that provisions, and the remainder of the Terms of Use shall remain in full force and effect. Any failure by Polk to enforce or exercise any provisions of these Terms of Use or related right shall not constitute a waiver of that right or provision. The section headings used herein are for convenience only and shall not be given any legal import.