·
Privacy
Your use of www.ginzabe.com is subject to GINZABE ‘s
Privacy Policy. Please review our Privacy Policy, which also governs the Site
and informs users of our data collection practices
·
Electronic
Communications
Visiting www.ginzabe.com. or sending emails to GINZABE
constitutes electronic communications.
You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically, via email and on the Site, satisfy any legal requirement
that such communications be in writing.
·
Your
Account
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that GINZABE is not responsible for
third party access to your account that results from theft or misappropriation
of your account. GINZABE and its
associates reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content in our sole discretion.
·
Children
Under Thirteen
GINZABE does
not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.ginzabe.com. only
with permission of a parent or guardian.
·
Links
to Third Party Sites/Third Party Services
www.ginzabe.com. may contain links to
other websites (“Linked Sites”). The Linked Sites are not under the
control of GINZABE and GINZABE is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. GINZABE is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by GINZABE
of the site or any association with its
operators.
Certain services made available via www.ginzabe.com. are
delivered by third party sites and organizations. By using any product, service
or functionality originating from the www.ginzabe.com domain, you hereby
acknowledge and consent that GINZABE may
share such information and data with any third party with whom GINZABE has a contractual relationship to provide the
requested product, service or functionality on behalf of www.ginzabe.com users
and customers.
·
No
Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable,
revocable license to access and use www.ginzabe.com strictly in accordance with
these terms of use. As a condition of your use of the Site, you warrant to GINZABE
that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party’s use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as
text, graphics, logos, images, as well as the compilation thereof, and any
software used on the Site, is the property of GINZABE or its suppliers and protected by copyright
and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse
engineer, participate in the transfer or sale, create derivative works, or in
any way exploit any of the content, in whole or in part, found on the Site. GINZABE
content is not for resale. Your use of
the Site does not entitle you to make any unauthorized use of any protected
content, and in particular you will not delete or alter any proprietary rights
or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the
express written permission of GINZABE and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you
any licenses, express or implied, to the intellectual property of GINZABE or our licensors except as expressly
authorized by these Terms.
·
International
Users
The Service is controlled, operated and administered
by GINZABE from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the GINZABE
Content accessed through www.ginzabe.com
in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.
·
Indemnification
You agree to indemnify, defend and hold harmless GINZABE
, its officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney’s fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. GINZABE reserves the right, at its own cost, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with GINZABE in asserting any available defenses.
·
Arbitration
In the event the parties are not able to resolve any
dispute between them arising out of or concerning these Terms and Conditions,
or any provisions hereof, whether in contract, tort, or otherwise at law or in
equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the prevailing
party shall be entitled to recover its costs and reasonable attorney’s fees.
The parties agree to arbitrate all disputes and claims in regards to these
Terms and Conditions or any disputes arising as a result of these Terms and
Conditions, whether directly or indirectly, including Tort claims that are a
result of these Terms and Conditions. The parties agree that the Federal
Arbitration Act governs the interpretation and enforcement of this provision.
The entire dispute, including the scope and enforceability of this arbitration
provision shall be determined by the Arbitrator. This arbitration provision
shall survive the termination of these Terms and Conditions.
·
Class
Action Waiver
Any arbitration under these Terms and Conditions will
take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GINZABE
agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding.
·
Liability
Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
AGILE1TECH CORP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE SITE AT ANY TIME.
AGILE1TECH CORP AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION
OF ANY KIND. AGILE1TECH CORP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL AGILE1TECH CORP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGILE1TECH CORP OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
·
Termination/Access
Restriction
GINZABE reserves
the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the
Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction
and venue of courts in Virginia in all disputes arising out of or relating to
the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and GINZABE as a result of this agreement or use of the
Site. GINZABE ‘s performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of GINZABE
‘s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or
gathered by GINZABE with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and GINZABE with respect to the Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and GINZABE with respect to the Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related
documents be written in English.
·
Changes
to Terms
GINZABE reserves the right, in its sole discretion, to
change the Terms under which www.ginzabe.com is offered. The most
current version of the Terms will supersede all previous versions. GINZABE encourages you to periodically review the
Terms to stay informed of our updates.