 |
 |
|
|
|
|
1. ACCEPTANCE OF TERMS OF USE
Welcome to Kiso-Jiban.com. Kiso-Jiban.com provides its Website to you, subject to the following Terms of Website Use Agreement ("TOU"), which may be updated by us from time to time without notice to you. In addition, when using particular Kiso-Jiban.com Websites, you and Kiso-Jiban.com shall be subject to any posted guidelines or rules applicable to such Websites which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
2. DESCRIPTION OF WEBSITE
Kiso-Jiban.com currently provides Website Visitors with access to an organized collection of international engineering on-line resources, including corporate information, project development summaries, career opportunities, related links and access to corporate individuals for further contact. Unless explicitly stated otherwise, any new features that augment or enhance the current Website, including the release of new Kiso-Jiban.com information or project development, consulting or career opportunities, shall be subject to this TOU. The Website Visitor understands and agrees that the Website is provided "AS-IS" and that Kiso-Jiban.com assumes no responsibility for the content. However, Kiso-jiban.com makes every effort possible to provide interesting, timely, relevant and reliable information available to the general public.
3. KISO-JIBAN.COM PRIVACY POLICY
The Kiso-Jiban website does not require registration to utilize or to view the site, utilize it's features, to forward resumes and professional qualifications for employment consideration or to contact corporate individuals for further information. LIkewise, the Kiso-Jiban site does not use "cookies" or any other type of specific visitor tracking or email sniffing software, and therefore, we do not know who you are unless you indicate to us who you are, including contact information, etc. in a separate emailing or postal mailing. Whatever information about the Website visiitor is provided, is also then subject to our Privacy Policy. For more information, please see our full privacy policy at the Kiso-Jiban Privacy Policy section of this website.
The Website Visitor understands that the administrative review, technical processing and transmission of the Website, including your provided information, may involve (a) transmissions over various networks; facsimile machines, throughout Kiso-Jiban's Corporate Offices, postal mailings and regional contacts for the review of professional qualifications for employment purposes, or review of technical project information for possible company development or consulting interest. O information is made available to the "general public" unless requested to do so.
4. PUBLIC INFORMATION POSTED / ADVERTISED ON KISO-JIBAN.COM
(a) For purposes of the TOU, "publicly accessible areas of the Website" are those accessible by the general public. (b) With respect to information the Website Visitor / Advertiser elects to post for inclusion in publicly accessible areas of Kiso-Jiban.com Project Development or that consists of photos or other graphics the Website Visitor / Advertiser elects to post to any other publicly accessible area of the Website, the Website Visitor / Advertiser grants Kiso-Jiban.com the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Information on the Website solely for the purpose of displaying, distributing and promoting the specific Kiso-Jiban.com area to which such Information was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Website. This license exists only for as long as you elect to continue to include such Information on the Website and shall be terminated at the time that you request the deletion of such Information from the Website.
(b) With respect to all other Information / documantation that the Website Visitor / Advertiser elects to request to post to other publicly accessible areas of the Website, the Visitor / Advertiser grants Kiso-Jiban.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Information (in whole or part) worldwide and / or to incorporate it in other works in any form, media, or technology now known or later developed.
5. INDEMNITY
The Website Visitor agrees to indemnify and hold Kiso-Jiban.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of another.
6. NO RESALE OF WEBSITE
The Website Visitor agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.
7. MODIFICATIONS TO WEBSITE
Kiso-Jiban.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Kiso-Jiban.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
8. TERMINATION
The Website Visitor agrees that Kiso-Jiban.com, in its sole discretion, may terminate your password,account (or any part thereof) or use of the Website, and remove and discard any Information within the Website, for any reason, including, without limitation, for lack of use or if Kiso-Jiban.com believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Kiso-Jiban.com may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOWA may be effected without prior notice, and acknowledge and agree that Kiso-Jiban.com may immediately deactivate related information and files of the Website. Further, you agree that Kiso-Jiban.com shall not be liable to you or any third-party for any termination of your access to the Website.
9. EXTERNAL THIRD-PARTY LINKS
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kiso-Jiban.com has no control over such sites and resources, the Website Visitor acknowledges and agrees that Kiso-Jiban.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Information, technical data, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kiso-Jiban.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Information, goods or Websites available on or through any such site or resource.
10. KISO-JIBAN.COM'S PROPRIETARY RIGHTS
The Website Visitor acknowledges and agrees that the Website and any necessary software used in connection with the Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Website Visitor further acknowledges and agrees that Information contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, Website marks, patents or other proprietary rights and laws. Except as expressly authorized by Kiso-Jiban.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
Kiso-Jiban.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The Website Visitor agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the public internet / world wide web hosted website interface that is provided by Kiso-Jiban.com for use in accessing the Website.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. | YOUR USE OF THE WEBSITE IS AT YOUR "SOLE RISK". THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KISO-JIBAN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| b. | KISO-JIBAN.COM MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, WEBSITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
| c. | ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR "OWN DISCRETION AND RISK" AND THAT YOU WILL BE "SOLELY RESPONSIBLE" FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| d. | NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KISO-JIBAN.COM OR THROUGH OR FROM THE WEBSITE OR RELATED THIRD-PARTY LINKS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE "TOWA". |
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KISO-JIBAN.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, PROFESSIONAL REPUTATION, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KISO-JIBAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEBSITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEBSITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
14. NOTICE
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Website.
15. TRADEMARK INFORMATION
The ony trademark information content of teh kiso-jiban.com site would be the corporate logo, which is fully own by the Kiso-JIban Group of Companies.
16. INTELLECTUAL PROPERTY, COPYRIGHTS and COPYRIGHT AGENTS
Kiso-Jiban.com respects the intellectual property of others, and we ask our users to do the same. Kiso-jiban.com does not intentially provide information that might be in violation of copyright laws for any reason. If such does occur, it is merely an oversight and can be quickly remediated, if brought to our attention immediately. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kiso-Jiban.com's Copyright Agent the following information:
The TOU constitute the entire agreement between you and Kiso-Jiban.com and govern your use of the Website, superceding any prior agreements between you and Kiso-Jiban.com or the Kiso-Jiban Group of Companies. You also may be subject to additional terms and conditions that may apply when you use affiliate Websites, third-party Information or third-party software. The TOWA and the relationship between you and Kiso-Jiban.com shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Kiso-Jiban.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Larimer, in the State of Colorado USA. The failure of Kiso-Jiban.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOU must be filed within one (1) month after such claim or cause of action arose or be forever barred.
18. VIOLATIONS
Please report any violations of the TOU to our WebMaster at webmaster@kiso-jiban.com
19. POLICY FORMAT & CONTENT
The chosen format of this Privacy Policy was created accroding to generally accepted Internet / World Wide Web - Terms of Use Policy formatting and content with the section titles in the TOU exist for convenience only, and provide ease in reading and understanding and have no legal or contractual effect or meaning.
20) COMMENTS or QUESTIONS
If you have any comments or questions regarding this Terms of Use Policy, please forward them to our WebMaster at webmaster@kiso-jiban.com.
