Content, Message Boards, and Ownership
Your access to, and use of, the Subscription Services may give you access to information that is confidential to Mina Japanese Center, its wholly owned subsidiaries or its affiliates, or the respective companies’ information represented within the Content (“Confidential Information”). Confidential Information includes any information that is clearly identified as confidential, and any written or oral information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. Such Confidential Information includes, but is not limited to, product proposals, technological processes, product forecasts, trade secrets, pre-publication patent applications, product designs, pricing information, software designs, hardware or system designs, technology specifications, source code, object code, graphic designs, report templates, proprietary financial information, systems architecture, and systems functionalities. Confidential Information also includes all copies, summaries and extracts of any Confidential Information. Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession prior to the disclosure and had not been obtained by you either directly or indirectly from the Mina Japanese Center; (iii) is rightfully disclosed to you by a third party without restriction on disclosure; (iv) is independently developed by you without use of or reference to Mina Japanese Center’s Confidential Information. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your user name and password.
You agree to use commercially reasonable care (but in no case less care than it uses to protect its own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that you first have given sufficient and prompt written notice to Mina Japanese Center of the receipt of any subpoena or other request for such disclosure; and shall have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
Limitations on Liability
MINA JAPANESE CENTER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MINA JAPANESE CENTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Disclaimer of Warranties
Your access to and use of the Subscription Services is at your own risk. Mina Japanese Center will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Subscription Services. Mina Japanese Center does not guarantee the accuracy or validity of any Content. Mina Japanese Center is not responsible for any Content disseminated through the message boards. THE SUBSCRIPTION SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MINA JAPANESE CENTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
MINA JAPANESE CENTER MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, CONTENT OR ANY PAY-PER-CLICK WEBSITE OR INTERFACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MINA JAPANESE CENTER MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SUBSCRIPTION SERVICES.
YOU UNDERSTAND AND AGREE THAT MINA JAPANESE CENTER IS NOT RESPONSIBLE FOR THE FUNCTIONALITY OF SEARCH ENGINE PAY-PER-CLICK WEB SITES OR INTERFACES AND THAT, WHILE MINA JAPANESE CENTER SEARCH ENGINE MANAGEMENT SERVICES WILL SUBMIT CHANGES TO CERTAIN SEARCH ENGINES ON YOUR BEHALF, MINA JAPANESE CENTER CANNOT GUARANTEE THAT A SEARCH ENGINE WILL MAKE THOSE SUBMITTED CHANGES IN A TIMELY MANNER, OR AT ALL.
Controlling Law and Jurisdiction