TERMS AND CONDITIONS

for the use of and access to this site ("Site")

 

1. License (This is a contract between you and the author.)

The use of (including access to) this Site, and the terms and conditions for usage of the contents therein, is governed by the Terms and Conditions set forth below. BY USING (including accessing) THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS INCLUDING DISCLAIMERS AND CAVEATS CONTAINED IN THIS SITE, AND THAT YOU ACCEPT AND WILL BE BOUND BY THE TERMS AND CONDITIONS.

 

2. Nature of the Contents

(This is not professional service but a scholarly work.)

2.1 This Site contains certain forms or documents (e.g., samples or models of standard contracts). Please be advised that such forms or documents published through this Site should be treated as a starting point of scholarly discussions and materials only for research or studies and should not substitute for professional legal analysis. This service is published and each form and document is licensed with the understanding and agreement that the author is not engaged in rendering any legal or other professional service. Should you require legal or other expert assistance, the services of a competent professional should be sought. You assume all responsibilities and obligations with respect to any decision or advice made or given as a result of the use of any form or document and for the selections of forms or documents contained or referred to in this Site in order to achieve your intended results.

2.2 Also this Site might contain certain excerpts or citations; however, please be advised that such excerpts or citations are solely for the purpose of scholarly work or critics which use is protected by the fair use doctrine, public policy to limit copyright owners' exclusive rights, and all the other equivalent legal principles under any and all applicable laws and trans-national treaties.

 

3. License (Only a limited right to use is granted.)

3.1 You are granted hereby a limited non-exclusive license only for your own personal use except for scholarly use accompanied with the name and identity of the author as a credit. No part of any form or document may be reproduced in any form or incorporated into any information retrieval system or database, electronic or mechanical, other than for your personal use or the purpose of research or study (but not for resale or redistribution for charge, commercial promotion, or any commercial purpose).
 

3.2 Citation of the author's Site or information contained therein for the scholarly work, analysis or studies by the governmental agencies, academic papers, news report, or for similar purposes are welcome.

 

4. Non-Transferability

(The right you are granted here shall not be transferred.)

Your right to use this Site or information therein shall not be transferable and be subject to any and all limitations set forth herein.

 

5. Copyright and IP

Copyright (c) 1999-2004 by Susumu Hirano. All rights reserved. Also, all and each information, including editorial copyright, contained in this Site, except for certain portions to which third parties hold titles, is protected by applicable copyrights, trademarks, and other proprietary or intellectual property rights. You are not acquire ownership rights to any content or document obtained by or through the use of (including access to) this Site.

 

6. Disclaimer and Limitation of All Liabilities

6.1 Your right to use this Site or any information or service contained therein or linked from there is granted on the basis of "AS IS," "AS AVAILABLE," or "WITH ALL FAULTS." Thus, the author DISCLAIM AND IS NOT LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, TRANSACTION COSTS FOR RETAINING ATTORNEYS, LITIGATION COSTS, OR ANY AND ALL SIMILAR MATTERS), WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY (INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF ADVISED OR FORESEEABLE OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 All or any other Internet sites linked or referred from this Site are not endorsed by the author, and no information in such sites has been endorsed or approved by the author.

6.3 The author makes no representation and not guarantee that any material on this Site is appropriate in any location other than the territory of Japan; therefore, accessing it from any territory where the contents in this Site are illegal is expressly prohibited. Those who choose to access to this Site from any other location do so on their own initiative and at their own risk and responsible for compliance with their local law and rules.

6.4 This Site or any information or service contained therein or linked from there might contain bugs, errors, problems, or other limitations. The author and University of this Site assume no liability or responsibility for any error or omission in the content contained in or linked or referred from this Site. All responsibilities or liabilities for any damages or alleged damages caused or allegedly caused by viruses contained or allegedly contained within the electronic files, this Site, or anywhere linked or referred from the Site are hereby disclaimed.

6.5 The limitations of damages and all liabilities set forth above are fundamental elements of the basis of the bargain between the author and you. The right to use (including the one to access) information contained in this Site or linked or referred from there would not be granted to you without such limitations. While some countries' or states' statutes might apply to the limitations of liability, the principle of severability (i.e., all terms and conditions valid or enforceable in a contract should be treated as such) set forth below shall apply to the Terms and Conditions set forth herein.

6.6 The author's and University's sole and entire maximum liability for and your sole and exclusive remedy for any claim, suit, litigation, or allegation based upon any theory or cause of action whatsoever with respect in any way to this Site or information contained therein or linked or referred from there shall be limited to the amount paid by you for the portion of the information or service.

 

7. Limitation of the Period within Which You May Bring a Valid Claim

Any cause of action, claim, suit, litigation, or allegation related in any way to this Site against the author or University based upon any theory whatsoever must be instituted within ninety (90) days after the first use of or access to this Site or be waived and barred forever.

 

8. Severability

No portion of these Terms and Conditions which is prohibited, unenforceable, or invalid in any jurisdiction shall be interpreted to prohibit, un-enforce, or invalidate the other portions of these Terms and Conditions in every jurisdiction.

 

9. Governing Law

This Site (except for third parties' sites to which this Site links) is controlled by the author and University from its campus at Tama, Tokyo, Japan. Because this Site is, due to the inherent nature of the world wide web, accessible from any jurisdiction in the world where each jurisdiction has her own different law or rules respectively, by using or accessing this Site you and the author agree hereby that the laws of Japan, except for the principles of conflict of laws thereof, shall apply to all matters (including, but not limited to, the effectiveness of this contract) relating any way to this Site.

 

11. Venue and Forum

By using or accessing this Site, you and the author also agree hereby that you shall be subject to the exclusive personal jurisdiction and venue of the District Court of Tokyo, Japan, with respect to all such matters as set forth above.

 

12. Dispute Resolution

Any and all disputes shall be resolved amicably by mutual discussions. In case such an amicable solution cannot be achieved, you and the author hereby agree that all of such disputes related in any way to this Site shall be resolved exclusively and solely by the litigation at the District Court of Tokyo, Japan.

Back to Home Page of the Author.