User Agreement
READ CAREFULLY BEFORE USING THIS SITE
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Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site. In this Agreement, "you" or "your" means any person or entity using services provided at this site ("Users"). Unless otherwise stated, "Matsu-kaze.net," "Matsu-kaze Japanese Guide" or "Matsu-kaze Nihongo Annai" will refer collectively to Matsu-kaze.net and its creator Scott Lyons.

1. OWNERSHIP.
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This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Matsu-kaze Japanese Guide, also known as Matsu-kaze Nihongo Annai ("Matsu-kaze.net") and/or its various third party advertising partners. Some of the content found on this site is owned by third party service providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Matsu-kaze.net, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Matsu-kaze.net, or such other party that may own the Trademarks.

2. USE OF SITE.
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Matsu-kaze.net grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site for purposes of studying the Japanese language. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Matsu-kaze.net, and/or its third party advertising partners, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Matsu-kaze.net. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Matsu-kaze.net deems in its sole discretion to be unreasonable or disproportionate to the benefits Matsu-kaze.net obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

3. RESPONSIBILITY.
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If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are financially responsible for all uses of this site by you and those using your login information.

4. PRIVACY.
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You have read the Matsu-kaze.net Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Matsu-kaze.net in accordance with the terms of and for the purposes set forth in the Matsu-kaze.net Privacy Policy.

5. REVIEW OF TRANSMISSIONS.
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Matsu-kaze.net may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Matsu-kaze.net deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Matsu-kaze.net a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Matsu-kaze.net takes no responsibility and assumes no liability for any content posted or submitted by you.

6. EXCLUSION OF WARRANTY.
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MATSU-KAZE.NET AND ANY THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. MATSU-KAZE.NET AND ANY THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER MATSU-KAZE.NET NOR ANY THIRD PARTY SERVICE PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM MATSU-KAZE.NET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, WHICH VARY FROM STATE TO STATE.

7. LIMITATION OF LIABILITY.
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MATSU-KAZE.NET ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL MATSU-KAZE.NET OR ANY THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY OF HOSTING SERVERS, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY MATSU-KAZE.NET OR ANY THIRD PARTY SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

If, notwithstanding the foregoing, Matsu-kaze.net or any third party service provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Matsu-kaze.net and the third party service providers shall in no event exceed, in the aggregate, the greater of (a) the registration fee and/or service charge for accessing any component of this site, or (b) US$10.00. In its sole discretion, in addition to any other rights or remedies available to Matsu-kaze.net and without any liability whatsoever, Matsu-kaze.net at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.

8. INDEMNIFICATION.
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You shall defend and indemnify Matsu-kaze.net and any third party service providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.

9. LINKS.
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This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by Matsu-kaze.net or its third party service providers of the contents of such other Web sites. None of Matsu-kaze.net or its third party service providers shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

10. RELATIONSHIP.
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The relationship between Matsu-kaze.net and you will be that of independent service provider, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

11. GOVERNING LAW.
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These Terms will be governed by and construed in accordance with the laws of the State of Maine, United States of America, without giving effect to any principles of conflicts of laws. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Portland, Maine, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Maine. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Matsu-kaze.net shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Maine, U.S.A. or any other court of competent jurisdiction.

12. ATTORNEY'S FEES.
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If Matsu-kaze.net or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

13. INJUNCTIVE RELIEF.
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You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Matsu-kaze.net as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Matsu-kaze.net shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Matsu-kaze.net in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

14. TERMINATION.
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Matsu-kaze.net may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which Matsu-kaze.net and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Matsu-kaze.net and its third party service providers, as applicable.

15. ASSIGNMENT.
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You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

16. MODIFICATION.
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Matsu-kaze.net may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

17. ADDITIONAL TERMS.
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Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

18. SEVERABILITY.
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These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

19. HEADINGS.
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The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

20. ENTIRE AGREEMENT.
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This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.