THIS
IS IMPORTANT -- PLEASE READ
THIS
WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING
YOU ACCESS.
READING
AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE
PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED
CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT,
READ OR INTERACT WITH IT.
ALL
PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND
ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY
VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE
OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON
IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF
USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE.
IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO
VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS
IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO
ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY
ACT (COPA) OF 1998.
THIS
WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR
VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY,
WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS
ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE
PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE
TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS
HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR
PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED
OF CHANGES.
PARTIES
TO THE TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or customers,
collectively referred to herein as "Visitors," are
parties to this agreement. The website and its owners and/or
operators are parties to this agreement, herein referred to
as "Website."
USE
OF INFORMATION FROM THIS WEBSITE
Unless
you have entered into an express written contract with this
website to the contrary, visitors, viewers, subscribers, members,
affiliates, or customers have no right to use this information
in a commercial or public setting; they have no right to broadcast
it, copy it, save it, print it, sell it, or publish any portions
of the content of this website. By viewing the contents of
this website you agree this condition of viewing and you acknowledge
that any unauthorized use is unlawful and may subject you
to civil or criminal penalties. Again, Visitor has no rights
whatsoever to use the content of, or portions thereof, including
its databases, invisible pages, linked pages, underlying code,
or other intellectual property the site may contain, for any
reason for any use whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$100,000 in addition
to costs and actual damages for breach of this provision.
Visitor warrants that he or she understands that accepting
this provision is a condition of viewing and that viewing
constitutes acceptance.
OWNERSHIP
OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS
WEBSITE
The
website and its contents are owned or licensed by the website.
Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the
site content. Use of website content for any reason is unlawful
unless it is done with express contract or permission of the
website.
HYPERLINKING
TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING
SITE PROHIBITED
Unless
expressly authorized by website, no one may hyperlink this
site, or portions thereof, (including, but not limited to,
logotypes, trademarks, branding or copyrighted material) to
theirs for any reason. Further, you are not allowed to reference
the url (website address) of this website in any commercial
or non-commercial media without express permission, nor are
you allowed to 'frame' the site. You specifically agree to
cooperate with the Website to remove or de-activate any such
activities and be liable for all damages. You hereby agree
to liquidated damages of US$100,000.00 plus costs and actual
damages for violating this provision.
DISCLAIMER
FOR CONTENTS OF SITE
The
website disclaims any responsibility for the accuracy of the
content of this website. Visitors assume the all risk of viewing,
reading, using, or relying upon this information. Unless you
have otherwise formed an express contract to the contrary
with the website, you have no right to rely on any information
contained herein as accurate. The website makes no such warranty.
DISCLAIMER
FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING
WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK
OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The
website assumes no responsibility for damage to computers
or software of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is inadvertently
passed to the visitor's computer. Again, visitor views and
interacts with this site, or banners or pop-ups or advertising
displayed thereon, at his own risk.
DISCLAIMER
FOR HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this own risk. Website
makes no warranty that downloads are free of corrupting computer
codes, including, but not limited to, viruses and worms. LIMITATION
OF LIABILITY
By
viewing, using, or interacting in any manner with this site,
including banners, advertising, or pop-ups, downloads, and
as a condition of the website to allow his lawful viewing,
Visitor forever waives all right to claims of damage of any
and all description based on any causal factor resulting in
any possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether
personal or business in nature.
INDEMNIFICATION
Visitor
agrees that in the event he causes damage, which the Website
is required to pay for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all. SUBMISSIONS
Visitor
agrees as a condition of viewing, that any communication between
Visitor and Website is deemed a submission. All submissions,
including portions thereof, graphics contained thereon, or
any of the content of the submission, shall become the exclusive
property of the Website and may be used, without further permission,
for commercial use without additional consideration of any
kind. Visitor agrees to only communicate that information
to the Website, which it wishes to forever allow the Website
to use in any manner as it sees fit. "Submissions"
is also a provision of the Privacy Policy.
NOTICE
No
additional notice of any kind for any reason is due Visitor
and Visitor expressly warrants an understanding that the right
to notice is waived as a condition for permission to view
or interact with the website.
DISPUTES
As
part of the consideration that the Website requires for viewing,
using or interacting with this website, Visitor agrees to
use binding arbitration for any claim, dispute, or controversy
("CLAIM") of any kind (whether in contract, tort
or otherwise) arising out of or relating to this purchase,
this product, including solicitation issues, privacy issues,
and terms of use issues.
In
no case shall the viewer, visitor, member, subscriber or customer
have the right to go to court or have a jury trial. Viewer,
visitor, member, subscriber or customer will not have the
right to engage in pre-trial discovery except as provided
in the rules; you will not have the right to participate as
a representative or member of any class of claimants pertaining
to any claim subject to arbitration; the arbitrator's decision
will be final and binding with limited rights of appeal.
The
prevailing party shall be reimbursed by the other party for
any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees,
travel expenses.
JURISDICTION
AND VENUE
If
any matter concerning this purchase shall be brought before
a court of law, pre- or post-arbitration, Viewer, visitor,
member, subscriber or customer agrees to that the sole and
proper jurisdiction to be the state and city declared in the
contact information of the web owner unless otherwise here
specified, Middletown, California, USA. In the event that
litigation is in a federal court, the proper court shall be
the closest federal court to the Seller's address.
APPLICABLE
LAW
Viewer,
visitor, member, subscriber or customer agrees that the applicable
law to be applied shall, in all cases, be that of the state
of the Seller.
CONTACT
INFORMATION
Bushindo Inc.
P.O. Box 296
Middletown, CA 95461
info@ninjutsu.com