Terms + Conditions

Legal Disclaimers

No Legal AdvicE

The materials on the Site are general in nature and are intended only as background materials for informational purposes. They do not constitute legal advice. They may not apply to your specific situation or may be incomplete. Although we may update certain information on the Site, some of the information may be outdated. You should not act or rely on any information on the Site. You are not authorized to treat the Site as a source of legal advice. Before acting or delaying action, you should first seek the advice of an attorney qualified in the applicable subject matter and jurisdiction.

Sensitive Communications

Should you choose to contact Hubashisan electronically, you should be aware that information transmitted electronically cannot be guaranteed to be securely transmitted. Hubashisan assumes no responsibility for the loss of confidentiality for any information you transmit through the internet.

No Attorney-Client Relationship

Your access to or use of the Site does not create an attorney-client relationship between you and Hubashisan or any professional at Hubashisan. If you are not a current client of Hubashisan and you communicate with us through a Site, we are under no obligation to keep confidential your communication nor will the communication invoke the attorney client privilege. Thus, unless you have a pre-existing, documented relationship with a professional at Hubashisan, you should not communicate confidential information to Hubashisan.

Advertising Notice

Hubashisan does not seek to be retained by anyone who approaches Hubashisan as a result of the Site and who is from a state where the Site fails to comply with laws and ethical rules of that state. Under the Rules of Professional Conduct adopted in various jurisdictions in the United States, the content of the Site includes information that may be considered lawyer advertising. Prior results do not guarantee similar outcome. Each representation has unique facts and circumstances that may impact results.

Terms of Use of the Site

Intellectual Property Rights

All text, names, logos, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Site (the “Content”) are protected intellectual property of, or used with permission or under license by, Hubashisan. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Site, related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.

Restrictions and Prohibitions on Use

While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other user’s use of the Site. In addition, we expect users of the Site to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate these Terms + Conditions:

•      Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;

•      Reproduce, duplicate or copy any portion of the Site, except as authorized by these Terms + Conditions;

•      Sell, resell or otherwise exploit for any commercial purposes any portion of, the use or access to a Site without the prior written consent of Hubashisan;

•      Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

•      Remove any copyright, trademark or other proprietary rights notice from a Site or materials originating from a Site;

•      Violate or attempt to violate the security of a Site;

•      Disseminate on a Site any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;

•      Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from the Site or any other user of the Site; or

•      Assist or permit any persons in violating these Terms + Conditions or applicable statutes, orders, regulations, rules, and other laws governing the use of the Site.

Changes to the Site

We may make improvements and/or changes to the Site, add new features, or terminate the Site at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the Site, at any time and from time to time with any notice or liability to you or any other person; and (b) do not warrant that information the Site is accurate, complete, reliable, current or error-free. Some jurisdictions ma not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Third-Party Content

Any information, statements, opinions or other Content provided by third parties and made available on our Site are those of the respective author(s) and not Hubashisan. We not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any information, statement, opinion or other Content on our Site other than from an authorized Hubashisan representative acting in his or her official capacity. Under no circumstance will we be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content. 

Links to Third-Party Websites

We may provide on the Site, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Hubashisan is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Hubashisan.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Other Policies and TermS

These Terms + Conditions apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Hubashisan. Additional policies and terms may apply to use of all or portions of the Site are incorporated by reference into these Terms + Conditions. Please refer to and review all addition specific terms and conditions as applicable.

Termination

The Site and these Terms + Conditions are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit or terminate all or a portion of your access to the Site or any of its features at any time with or without notice and with or without cause, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms + Conditions. The provisions of these Terms + Conditions concerning intellectual property rights, permitted and unauthorized uses, disclaimer of warranty, limitation of liability, and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Site is terminated pursuant to these Terms + Conditions, you will not attempt to use the Site under any name, real or assumed. You further agree that if you violate this restriction after your use of a Site is terminated, you will indemnify and hold harmless Hubashisan from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Disclaimer of WarrantY

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USABILITY, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

HUBASHISAN AND EACH OF ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES” WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE’S CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATING TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, OR LINE FAILURES. RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity

You agree to indemnify and hold harmless Hubashisan and its officers, employees, agents and contractors from any and all claims, damages losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of these Terms + Conditions; (b) your activities in connection with the Site; or (c) unsolicited information you provide to us through the Site.

Limited License; Permitted Uses

We grant you a limited license to access and use the Site and its Content for personal informational and non-commercial purposes only. You may download or print specific Content made available for your downloading or printing for your personal, informational, non-commercial use, subject to your compliance with these Terms + Conditions and solely for as long as you continue to be permitted to access the Site, provided that you: (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of Hubashisan.

User-Submitted Information

You are responsible for any information, text, images, videos or other materials or content that you post on the Site or transmit through our Site (“User Content”). You agree, represent and warrant that any User Content you post on the Site or transmit through our Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through the Site any User Content protected by copyright, trademark or o proprietary right of any third party without the express written permission of the owner such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

We do not want you to, and you should not, send any confidential or proprietary User Content to us on or through the Site unless specifically requested by us. Please note that any unsolicited User Content sent to us will be deemed not to be confidential or proprietary.

By submitting User Content, other than personally identifiable information, you grant to us (or warrant that the owner of such User Content has expressly granted to us) a royal free, perpetual, irrevocable and unrestricted right and license (a) to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide and/or incorporate it in other works in any form, media or technology now known or hereafter developed; (b) to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such User Content; and (c) to use your name, likeness and/or other biographical information in any and all media and/or communications. You also agree that we are free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.

Interactive Features

We may host message boards, blogs, and other interactive forums or services (each, a “Forum”) on the Site. Forums are intended to serve as discussion centers. Any user failing to comply with these Terms + Conditions may be expelled from and refused continued access to Forums in the future. You understand that our staff, our outside contributors, or other users connected with Hubashisan may participate in Forums or other aspects of the Site may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. We are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

You acknowledge and agree that we reserve the right (but have no obligation) to do one all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on the Site or any Forum; (b) monitor User Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate a Site; to protect Hubashisan and the Site’s users and visitors to comply with legal obligations or governmental requests; to enforce these Terms + Conditions; for any other reason or purpose.

Social Media Pages

We may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn and Twitter (collectively, “Social Media Pages”), to provide a place for the public to learn more about Hubashisan and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of Hubashisan. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. We review some but not all postings to Social Media Pages, and may remove postings that we determine are inappropriate or offensive.

Notice of Copyright Infringement

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent, identified below, with the following information:

1.      A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;

2.      The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;

3.      Your name, mailing address, telephone number and email address;

4.      The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

5.      A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.      A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Designated Copyright Agent: William Bandon Address: 2 Maxwell Drive, Suite 524, Sleepy Hollow, NY 10591-7824 USA Phone: +1-203-550-8250 Email: bandon@hubashisan.com

If any user of a Site is deemed to be a repeat copyright infringer, we will terminate such user’s license to use the Site.

Knowingly misrepresenting in a notification that material is infringing can subject you damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.

Children

If you are under the age of majority in your home jurisdiction, please do not use or access the Site. It is not our intention to collect or use personal information from anyone under the age of majority, and we will not knowingly do so. If we are made aware that we have collected any personal information from minors, and are asked to delete such information from our databases, we will promptly do so.

Consent to Communication

When you use the Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications which relate to your use of the Site. We may communicate with you by email or by posting notices on a Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications are in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting information to us, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our authorized agents may contact you at that address or number.

Effect of Invalidity

In the event a court having jurisdiction finds any portion of these Terms + Conditions unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.

Waivers

No waiver, express or implied, by either party of any breach of or default under these Terms + Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

International Users

The Site is controlled, operated and administered by us (or our licensees or agents) from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.

Governing Law

You agree that any dispute in connection with the Site, or these Terms + Conditions, will be governed by the laws of the State of New York and the United States of America. You also consent to the adjudication of any disputes arising in connection with the Site in the courts located in White Plains, New York.

Contact

If you have questions about these Terms + Conditions, or if you have technical questions about the operation of the Site, please contact us at bandon@hubashisan.com.