LEGAL STATEMENT
KAMAKURA CORPORATION
Terms Of
Use
Last revised: January 9, 2003
PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE
USING THIS WEBSITE.
General. Kamakura Corporation ("we", "our", "us") provides this
website and all related content and services (collectively, the "Site")
to Site visitors and users (including without limitation any registered
users or subscribers) ("you"), subject to your compliance with the terms
and conditions set forth in this Agreement ("Terms"). By accessing,
downloading content from, submitting materials to, purchasing products
or services through or from, browsing or otherwise using the Site
("Use"), you agree to be bound by these Terms. If you do not agree to
these Terms, please do not use the Site. You must also be at least 18
years old to use the Site. If you are not at least 18 years old please
do not access or use the Site.
We reserve the right at any time to:
Add to, modify or otherwise change the Terms;
Add to, modify or otherwise change the Site, including without
limitation eliminating or discontinuing any content or service provided
on, or feature of, the Site; or
Charge for, or change the amount(s) of any fees or charges for, products
or services offered for sale or otherwise made available on the Site.
Any changes we make will be effective immediately upon notice, which
we may provide by posting on the Site or via electronic mail. Your use
of the Site after such notice will be deemed acceptance of such changes.
Be sure to review this Agreement periodically to ensure familiarity with
the most current version of the Terms. Upon our request, you agree to
sign a non-electronic version of this Agreement.
Except for any information, text, diagrams, charts, data, surveys,
reports, results, analytics and other materials, products or services
("Content") provided or made available through applications services,
risk transfer advisory services or other services provided pursuant to a
written agreement separately executed by you (such Content to be
referred to as "Service Content"), all other Content (including without
limitation any Third Party Content) provided on or made available on or
through the Site is for general informational purposes only and is not
intended to address any user's particular requirements or business. In
particular, except for any Service Content provided pursuant to a
written agreement with you, none of the Content is intended as
financial, tax, accounting, legal or other professional advice or
recommendation, whether with respect to risk management strategy,
decisions or otherwise. We cannot and do not assess or guarantee the
suitability, accuracy, reliability, potential value or profitability of
any informational source or of such Content (or any part thereof). You
bear the sole risk and responsibility for your Use of the Site and any
Content, and for any decisions or third party arrangements you make or
refrain from making as a result thereof.
Third Party Content; Additional Terms.
This Site may contain or
provide third party content, products or services ("Third Party
Content"), and your Use of such Third Party Content may be subject to
third party agreements. You should ensure that you comply with any such
third party agreements before Using any Third Party Content. In
addition, your Use of certain services provided on the Site (whether by
us or third parties) may be governed by additional terms. By Using such
services, you agree that you have reviewed all such additional terms and
will be bound by them. In particular, in the event that you access full
text stories in the Daily or Weekly News area(s) of the Site, you agree
to be bound by the terms and conditions of the applicable third party
user agreement as if you were a signatory thereto. Click here to review
such third party user agreement(s).
Privacy. Our policy with respect to the collection and use of your
personal information (including without limitation any personal
information you provide for registration or purchasing purposes) is set
forth in our Privacy Policy, which you may view by visiting:
Kamakura Corporation
Privacy Statement.
Code of Conduct. While Using the Site you agree not to:
Restrict, inhibit or otherwise interfere with the Use by any other
visitor or user of the Site (including without limitation any
interference by means of "hacking" or defacing any portion of the Site);
Use the Site for any unlawful purpose;
Express or imply that any Content or Materials (as defined below) you
make, submit or post are endorsed by us;
Upload, submit or transmit (a) any Content or Materials that is
unlawful, fraudulent, threatening, abusive, libelous, defamatory,
obscene or otherwise objectionable, or that infringes our or any third
party's intellectual property or other rights; (b) any material,
non-public information about companies without the express authorization
to do so; (c) any trade secret or proprietary information of any third
party; or (d) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
Engage in "spamming" or "flooding";
Transmit any software or other materials that contain any virus, worm,
time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, lease, reverse engineer,
decompile or disassemble any portion of the Site (or offer to do any of
the above);
Remove any copyright, trademark, or other proprietary rights notices
contained in the Site;
"Frame" or "mirror" any part of the Site without our prior written
authorization;
Use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data mine,"
or in any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content; or
Harvest, collect or use information about visitors to or users of the
Site without their express consent.
While Using the Site you agree to comply with all applicable laws,
rules and regulations.
User Information & Registration.
Some areas of the Site require you to be or become a registered user
of the Site. When and if you become a registered user, you agree to (a)
provide accurate, current, and complete information about yourself as
prompted by our registration form, and (b) to maintain and update your
information to keep it accurate, current, and complete. You acknowledge
that, if any information provided by you is untrue, inaccurate, not
current or incomplete, we reserve the right to terminate this Agreement
and your Use of the Site.
As part of the registration process, you will be asked to select a
username and password. We may refuse to grant you a username and/or
password that impersonates someone else, is or may be illegal, is or may
be protected by trademark or other proprietary rights law, is vulgar or
otherwise offensive, may cause confusion, or for any other reason as
determined by us in our sole discretion. You are responsible for
ensuring the confidentiality of your username and password, and you
agree not to transfer or resell your Use of or access to the Site to any
third party. If you have reason to believe that your account is no
longer secure, you may request a new password by
webmaster@kamakuraco.com.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING, AND FOR TAKING ALL NECESSARY
MEASURES TO MAINTAIN, THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD
AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING
WITHOUT LIMITATION PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Ownership and Restrictions on Use.
The Site is owned and operated by us in conjunction with others
pursuant to contractual arrangements. Except for any Service Content
otherwise provided for in a written agreement separately executed
between you and us, all Content thereon and all Results (as defined
below) are our sole and exclusive property or the sole and exclusive
property of our affiliates, licensors or providers (including without
limitation all intellectual property rights therein). You may only
access and use the Content and Results, solely for your personal or
internal business use. You may not reproduce, modify, republish, upload,
post, transmit or distribute any Content or Results, in whole or in
part, in any way (including without limitation to any other website)
without our prior written permission. Modification or use of any Content
or Results for purposes other than those expressly permitted herein is a
violation of our copyright and other proprietary rights, and is strictly
prohibited.
If you download any software from the Site, such software, including
without limitation any files or data therein, or images incorporated in
or generated by the software (collectively, the "Software"), is licensed
on a limited basis to you by us or the owner of such Software. Title to
the Software is not transferred to you. You own the medium on which the
Software is recorded, but we or our licensors retain all right, title,
and interest in and to the Software, and all intellectual property
rights therein. You may not re-sell, rent, transmit, transfer or
distribute the Software, or attempt to decompile, reverse engineer,
disassemble or otherwise reduce the Software to a human-perceivable
form.
"Kamakura Corporation," and our corporate symbols and logos are
trademarks and/or service marks of Kamakura Corporation, or our
affiliates, and any use of any such trademark or service mark without
our express written consent is strictly prohibited. All other
trademarks, service marks, trade names and logos displayed or used on
the Site are the trademarks, service marks, trade names or logos of
their respective owners.
Making Purchases. Certain products or services may be offered for
license or sale by third party merchants or service providers whose
services or websites are accessible through links included on the Site.
Such transactions (including without limitation any payment arrangements
or credit card transactions) are governed by agreements between you and
such third party, and not by this Agreement or us. We cannot and are not
responsible or liable for any purchase or other transaction you may
enter into with third parties, including any third party to whose
website or services you may be linked to or directed from our Site.
Descriptions, images or listings of, or links or references to,
products or services on the Site do not imply our endorsement of such
products or services. We reserve the right, without prior notification,
to change such descriptions, images, listings, links or references
(including without limitation any information as to prices or available
quantities).
Submissions and Postings. In relation to your Use of any features of
or services on the Site, you may send, transmit or provide to us ideas,
notes, concepts, technical, financial or other data, company or industry
information, financial models, calculations, projections, or any other
information or materials (collectively, "Materials"), or post or upload
such Materials to any area of the Site (including without limitation
transmissions, messages or postings of any Materials on or to our
Discussion Forums, Job Postings and other interactive communities
("Postings")), and we therefore need to obtain certain rights in those
Materials. You therefore grant us and our designees a worldwide,
non-exclusive, sub-licensable (through multiple tiers), assignable,
royalty-free, perpetual, irrevocable right to use, reproduce, distribute
(through multiple tiers), create derivative works of, publicly perform,
publicly display, digitally perform, edit, make, have made, sell, offer
for sale and import such Materials, and any results, reports, models or
other information developed, created or obtained using such Materials,
in any media now known or hereafter developed, for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the Materials. None of the Materials shall be subject to any
obligation, whether of confidentiality, attribution, or otherwise, on
our part and we shall not be liable for any use or disclosure of any
Materials; except only for those Materials submitted, transmitted or
provided by you in relation to any surveys, reports, analysis, results,
charts, diagrams, data, models, forecasts or any other information or
materials created, customized or produced by us or our agents arising
from your Use of the Site or any specific service thereon ("Results"),
with respect to which Materials we have expressly agreed with you to
keep confidential, pursuant to a separate agreement executed prior to
their submission, transmission or provision to us. Discussion Forums;
Monitoring. Discussion Forums are intended to serve as a discussion center
for users of the Site. Postings in Discussion Forums may be provided by our
staff, or by contributors or users not connected with us, some of whom may
use anonymous screen names. Users may Post messages or statements in
Discussion Forums that are inaccurate, misleading or deceptive, whether
intentionally or unintentionally. Opinions expressed in the Discussion
Forums are solely the opinions of the participants thereon, and may not
reflect the opinions of our company or our affiliates.
We neither endorse nor are responsible for any opinion, advice,
information, or statement Posted on or to Discussion Forums by any
person, nor are we responsible for any errors or omissions in any
Postings, or for hyperlinks embedded in Postings. Under no circumstances
will we, our affiliates, suppliers, or agents be liable for any loss or
damage caused by your reliance on information obtained in or through
Discussion Forums.
We have the right, but no obligation, to monitor Discussion Forums or
any other Materials that you or other third parties submit to, transmit
to or through, or Post on any part of the Site. Without limiting the
foregoing, we have the right, in our sole discretion, to edit, alter or
remove any such Materials (including without limitation any Posting to a
Discussion Forum), and to disclose such Materials and the circumstances
surrounding their transmission or Posting to any third party in order to
operate the Site properly, to protect ourselves, our sponsors, our users
and visitors, and to comply with legal obligations or governmental
requests.
Claims of Copyright Infringement. The Digital Millennium Copyright
Act of 1998 (the "DMCA") provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights
under U.S. copyright law. If you believe in good faith that materials
hosted by us on this Site infringe your copyright (for example,
Materials Posted to a Discussion Forum), you (or your agent) may send us
a notice requesting that the material be removed, or access to it
blocked. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to
send us a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright/
for details. Such notices and counter-notices with respect to the Site
should be sent to
info@kamakuraco.com We suggest that you consult
your legal advisor before filing any notice or counter-notice. You
should also be aware that there can be penalties for false claims under
the DMCA.
Jurisdictional Issues.
We make no representation that the Site or its Content are
appropriate or available for use in locations other than the United
States. Those who choose to access the Site from locations other than
from within the United States do so on their own initiative and at their
own risk, and are responsible for compliance with local laws, if and to
the extent applicable. We reserve the right to limit the availability of
the Site and/or the provision of any service, information or product
thereon to any person, geographic area, or jurisdiction we so desire, at
any time and in our sole discretion, and to limit the quantities of any
such service, information or product that we provide.
Termination.
This Agreement shall remain effective until terminated in accordance
with its terms. Either party may terminate this Agreement immediately
upon notice to the other party. In addition, we reserve the right to
immediately terminate this Agreement, and/or terminate or suspend your
access to and Use of the Site or any portion thereof, at any time and
for any reason, with or without cause. Upon termination of this
Agreement by either party, your right to use the Site shall immediately
cease, and you shall destroy all information and materials obtained from
the Site and all copies thereof, whether made under the terms of this
Agreement or otherwise.
Links to Other Websites.
The Site may contain links to other websites or resources. We neither
control nor endorse such other websites or resources, nor have we
reviewed any content that appears on such other websites. You
acknowledge and agree that we shall not be held responsible for the
legality, accuracy, or otherwise for the nature of any content,
advertising, products, services, or information located on or through
any other websites, nor for any loss or damages caused or alleged to
have been caused by the use of or reliance on any such content,
advertising, products, services or information.
Disclaimers.
Except for any warranties expressly provided in a
written agreement separately executed with you, the Site, the Content,
and any product or service obtained on or through the site are provided
"as is", "as available", and without warranties of any kind, either
express or implied. To the fullest extent permissible under applicable
law, we, our affiliates, providers, advertisers, and agents disclaim all
warranties, express, implied or statutory, including, but not limited
to, implied warranties of title, non-infringement, Year 2000 compliance,
merchantability, and fitness for a particular purpose. Applicable law
may not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. Without limiting the foregoing, we, our
affiliates, providers, advertisers and agents do not warrant that your
use of the Site will be uninterrupted, error-free, or secure, that any
information obtained thereon is accurate, reliable or complete, that
defects will be corrected, or that any Software, the Site or the server(s) on which it is hosted are free of viruses or other harmful
components. No representation or warranty is made as to any opinion,
advice, or statement of ours or our affiliates, providers, advertisers,
agents, users, or visitors, whether made on the Site or otherwise. You
acknowledge that you are responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed to access and
use the Site, and all charges related thereto. You assume total
responsibility and risk for your use of the Site and your reliance
thereon. Your use of the Site and any information or materials provided
on or through the site are entirely at your own risk. A possibility
exists that the Site could include inaccuracies or errors, or materials that
violate these Terms (such as the Code of Conduct above). A possibility also
exists that unauthorized alterations could be made by third parties to the
Site. Although we attempt to ensure the integrity of the Site, we cannot and
do not guarantee the Site's completeness or correctness. In the event that
you detect any such inaccuracies, errors or incomplete content, please
contact us at mailto:webmaster@kamakuraco.com with (if possible) a
description of the material to be checked, its location on the Site, as well
as information sufficient to enable us to contact you. We will try to
address your concerns as soon as reasonably practicable. For copyright
infringement claims, see the section on "Claims of Copyright Infringement"
above.
Limitation of Liability.
This paragraph shall apply to all damages, losses, causes of action
or claims arising out of or relating in any way to the Site or the
Content, except where express provision is made otherwise in a separate
written agreement with you. Neither we nor our suppliers, advertisers,
affiliates, agents or sponsors are responsible or liable for any
indirect, incidental, consequential, special, exemplary, punitive or
other damages under any contract, negligence, strict liability or other
legal theory arising out of or relating in any way to the Site and/or
Content, or any information, product or service purchased or obtained
through the Site. Your sole remedy for dissatisfaction with the Site, or
any such Content, information, product or service is to stop using the
Site. Our maximum liability for all damages, losses, causes of action
and claims shall be the total amount paid by you, if any, to access the
Site.
Indemnification.
You agree to indemnify, defend and hold us, our
officers, directors, employees, affiliates, agents and representatives
harmless from and against any and all claims, damages, losses, costs
(including reasonable attorneys' fees), or other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement,
including without limitation any violation of the Code of Conduct above;
(b) any allegation that any Materials you provide infringe or otherwise
violate the copyright, trademark, patent, trade secret or other
intellectual property or other rights of any third party; and/or (c)
your activities in connection with the Site.
Miscellaneous.
This Agreement shall be governed by and construed in accordance with
the laws of the State of Hawaii, United States of America, without
regard to its principles of conflicts of law. You agree to personal
jurisdiction by the federal and state courts located in the County of
Honolulu, located in Honolulu, Hawaii, United States of America, and
waive any jurisdictional, venue, or inconvenient forum objections to
such courts. If any provision of this Agreement is found to be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions. This Agreement is not
assignable, transferable or sub-licensable by you except with our prior
written consent. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained in
this Agreement is inserted only as a matter of convenience and in no way
defines or explains any section or provision hereof. Except for any
written agreement separately executed between us and relating to Service
Content, this is the entire Agreement between us relating to the subject
matter herein and supersedes and any all prior or contemporaneous
written or oral representations, communications or agreements between
us.
Legal Notices.
Under California Civil Code Section 1789.3, California
residents are entitled to the following specific consumer rights
information:
Pricing Information: Current rates for our products and services may be
obtained by contacting our Sales Department at mailto:sales@kamakuraco.com.
We reserve the right to change fees or surcharges or to institute new
fees at any time as provided in this Agreement.
Complaints:
The Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs may be contacted in writing at 400 R
Street, Suite 1080, Sacramento, California 95814, or by telephone at
(916) 445-1254 or (800) 952-5210.
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