Terms of Use

SEISEIDOU AMERICA, INC.

LAST UPDATED: JANUARY 07, 2020

WELCOME TO THE SEISEIDOU COMMUNITY!

SEISEIDOU AMERICA, INC. and its respective PARENT, affiliate, AND subsidiarY COMPANies, divisions, or designees (“us,” “we,” or “SEISEIDOU”), is pleased to provide you with access to OUR website, LOCATED AT https://simfort.co, mobile AND tablet websites, products available and accessible via our websites, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, CONTESTS, and any other materials or any other online activities or platform we own or controL (collectively, the “SEISEIDOU Site”).

PLEASE READ THE FOLLOWING TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THE SEISEIDOU SITE. The Terms of Use are a binding legal contract between you and Seiseidou. All users of the Seiseidou Site agree that access to and use of the Seiseidou Site are subject to the following terms and conditions and other applicable law.

We may amend or revise these Terms of Use from time to time by posting an updated version. Your continued use of the Seiseidou Site after we post any changes will constitute your acceptance of such changes. By accessing and using the Seiseidou Site, you acknowledge that you have read and reviewed these Terms of Use in their entirety, you agree to these Terms of Use AND Seiseidou’s Privacy Policy, and these Terms of Use constitute binding and enforceable obligations on you. By using the Seiseidou Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Seiseidou Site.

1. BINDING EFFECT. This is a binding agreement between you and Seiseidou. By using the Seiseidou Site, you agree to abide by these Terms of Use, as they may be amended by Seiseidou from time to time in its sole discretion. Seiseidou will post a notice on the Seiseidou Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and, if at any time you find these Terms of Use unacceptable, you must immediately leave the Seiseidou Site and cease all use of the Seiseidou Site. By using the Seiseidou Site, you represent that you are at least 18 years old and that you are legally able to enter into this binding agreement. If you are accessing and using the Seiseidou Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use. In that case, “you” and “your” will refer to that company or other legal entity. We recommend that you save a copy of these Terms of Use your records.
2. ELECTRONIC COMMUNICATION. The communications between you and Seiseidou are electronic. You consent to receive communications from Seiseidou in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
3. PRIVACY POLICY. Seiseidou respects your privacy and permits you to control the treatment of your personal information. A complete statement of Seiseidou’s current Privacy Policy can be found by clicking here. Seiseidou’s Privacy Policy is expressly incorporated into these Terms of Use by this reference. By using the Seiseidou Site, you acknowledge that you have reviewed and understand Seiseidou’s Privacy Policy and consent to the practices described in that policy.
4. ELIGIBILITY; REPRESENTATIONS AND WARRANTIES. By accessing, using, or making a purchase through the Seiseidou Site, or registering and creating an account on the Seiseidou Site, you represent and warrant that: (A) You are at least 18 years old and can form a binding contract with Seiseidou; (B) You will keep your account information current, complete, and accurate and you will promptly update all information to keep your account and billing information complete and accurate upon any change (e.g., change of billing address, credit card number, or expiration date) (if you created a user account); and (C) You will comply with these Terms of Use and all applicable federal, state, and local laws, rules, regulations, and ordinances.
5. REGISTRATION; ESTABLISHING AN ACCOUNT; YOUR ACCOUNT. You do not have to be a registered user to visit the Seiseidou Site. But, if you want to use certain features of the Seiseidou Site, or if you would like to purchase products through the Seiseidou Site, you will have to create an account. You can do this via the Seiseidou Site. Registration requires you to (A) indicate agreement to these Terms of Use and the Privacy Policy; (B) provide contact information and identification details; and (C) submit any other form of information, authentication, or agreement required as part of the registration process, in Seiseidou’s sole discretion. It is important that you provide us with accurate, complete, and up to date information for your account. You agree to update such information, as necessary, to keep it accurate, complete, and up to date. If you do not, we may have to suspend or terminate your account. You may also be asked to provide a username (i.e., your email address) and password. You are entirely responsible for maintaining the confidentiality of your password and for restricting access to your account. You may not use the account, username, or password of someone else at any time. You agree to notify Seiseidou immediately of any unauthorized use of your account, username, or password. Seiseidou shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Seiseidou, its officers, managers, members, employees, consultants, agents, affiliates, and representatives, due to someone else’s use of your password or account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
6. PRODUCTS ACCESSIBLE VIA SEISEIDOU SITE. The following terms shall apply if you decide to purchase products from Seiseidou through the Seiseidou Site:
7. Payment Information. You understand all payments must be made to Seiseidou through Stripe, our third party payment processor, with a valid credit card or debit card. When you provide any information to Seiseidou for any reason, such as to register for the purchase of products, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment information to us, you represent that such payment information is correct and belongs to you or you have the authority to use such payment card. In the case of email, you must provide an accurate email address that is registered in your name. You are responsible for promptly updating your information with any changes, including the requirement to keep billing information current. You must promptly notify Seiseidou if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent interruption, you acknowledge Seiseidou may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order via the Seiseidou Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Seiseidou. All prices are displayed in United States Dollars unless expressly indicated otherwise.
8. Order Processing. Seiseidou reserves the right to refuse or cancel any order prior to delivery. Orders may also be cancelled due to typographical errors, system failures, inaccuracies in product/subscription pricing information or availability, or problems identified by Seiseidou’s, or its payment processors’, credit or fraud departments. Seiseidou also may require additional verification or information before accepting an order. Seiseidou will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after Seiseidou processed your payment but prior to delivery, Seiseidou will refund your payment. As applicable, all purchases are also subject to shipping and handling charges and sales and/or other taxes, which will be applied to your order total. Taxes will be calculated based on the billing address provided.
9. Monthly Subscription Based Program. Seiseidou offers certain products on a monthly subscription basis so you can enjoy the benefits of such products on a continuous basis. Our subscription service automatically delivers your products right to your door on a recurring basis (i.e.., every 1 or 3 months). You can join the monthly subscription program by selecting this option on the product page and checking out.

BY SIGNING UP FOR THE MONTHLY SUBSCRIPTION WITH A RECURRING SHIPMENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR ORDER WILL BE AUTOMATICALLY PROCESSED AND SHIPPED ON A RECURRING BASIS AS SELECTED BY YOU UNTIL YOU END YOUR SUBSCRIPTION OR CANCEL YOUR RECURRING ORDER. Your payment method will automatically be charged for each successive shipment at the then-current price until you provide prior notice that you wish to cancel your subscription, as described below. Notwithstanding anything to the contrary contained herein, prices are subject to change at any time during the term of your subscription. Monthly charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons.

1. Cancellations. You may cancel your monthly subscription based program at any time by cancelling online at: https://store.simfort.co/, or emailing us to support@simfort.co. Any cancellation of your subscription must be received by Seiseidou at least forty-eight (48) hours prior to the next scheduled payment date in order to take effect for that period. If you cancel less than forty-eight (48) hours prior to the monthly renewal of your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following month.
2. No Refunds. Generally, all charges for product purchases are nonrefundable. If you received a product that is defective or damaged, you can request an exchange or replacement product. Please contact Customer Service by email at support@simfort.co with your order number and brief description of the issue with the product. If you are not satisfied with the product, please contact support@simfort.co.
3. Credit Card Chargeback Policy. We protect the business and credit card companies, banks, and other institutions providing related services to us from fraudulent credit card chargebacks. A chargeback is fraudulent if the credit card holder disputes a legitimate charge for products the holder has purchased from a merchant. You hereby understand and agree that in the event you attempt to create a fraudulent chargeback, Seiseidou will work with the relevant credit card company, bank, or other institution and law enforcement authorities to investigate the matter.
4. Reservation of Rights. Seiseidou reserves the right to suspend or terminate your interaction with the Seiseidou Site for any or no reason, in its sole and absolute discretion, including your access, use, or purchase of any products, goods, or services that Seiseidou provides.
5. Other Terms and Conditions. Seiseidou reserves the right to not process or cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Seiseidou deems appropriate in its sole discretion. Seiseidou also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Seiseidou will either not charge you or refund the charges for orders that we do not process or cancel. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. In the event that a refund is issued, it can only be issued to the original form of payment.
6. Title; Risk of Loss. All items purchased from the Seiseidou Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States; we do not ship outside of the United States.
7. Product and Service Availability. We are always striving to improve the Seiseidou Site, including our products and electronic services. Therefore, we may revise or discontinue products or services at any time without notice or any liability. Prices and promotions are subject to change without notice. We do not warrant that information available via our Seiseidou Site is accurate, complete, reliable, current, or error-free. The Seiseidou Site may contain information regarding the availability of merchandise or services. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Seiseidou cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product offering may be in stock when a customer places the order, and sold out by the time Seiseidou attempts to process the order.
8. Mobile Networks; Texting. When you contact us via your mobile phone, where available, or you access any Seiseidou Site through a mobile network, your network or roaming provider's messaging, data, and other rates and fees may apply. Seiseidou does not warrant that the Seiseidou Site will be compatible with your mobile device – not all features of the Seiseidou Site may work with your network provider or device.
9. OWNERSHIP OF THE Seiseidou SITE. The Seiseidou Site is owned and operated by Seiseidou. You acknowledge and agree that all content and materials contained at the Seiseidou Site, including content, materials, information, visual interfaces, graphics, design, compilation, computer code, software, products, services, and all other elements of the Seiseidou Site, are protected by United States copyright, patent, trademark, and trade dress laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws, and are proprietary and constitute valuable intellectual property owned by Seiseidou or others who have licensed use of such content and materials to us. Except as provided herein, the Seiseidou Site (including past, present, and future versions) and all such content and materials that are included in, on, or that are otherwise a part of the Seiseidou Site (collectively, the “Seiseidou Content”) are owned, controlled, or licensed by Seiseidou. Except as expressly authorized by Seiseidou under these Terms of Use, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Seiseidou Content.
10. YOUR ACCESS TO AND USE OF THE Seiseidou SITE. Subject to your compliance with these Terms of Use, we grant you a limited, personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to view, copy, and print Seiseidou Content retrieved from the Seiseidou Site for the sole purpose of using or placing an order via the Seiseidou Site, provided that you do not remove or obscure the copyright notice or other notices displayed on the Seiseidou Content. Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use or on the Seiseidou Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Seiseidou’s or a third party’s intellectual property rights. Any rights not expressly granted herein are reserved. Further, you are expressly prohibited from: (A) any resale or commercial use of the Seiseidou Site, the Seiseidou Content, and/or any of the other contents or materials found thereon; (B) any collection and use of any information posted on the Seiseidou Site for any purpose other than your own personal use and entertainment, including, without limitation, any purpose competitive to Seiseidou or any commercial purpose, including marketing; (C) any downloading or copying of Seiseidou Site or account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (D) deep-linking to any portion of the Seiseidou Site; (E) framing or utilizing framing techniques to enclose any portion of the Seiseidou Site without express written consent; (F) using the Seiseidou Site to access or collect any personal information, including account names, e-mail addresses, or other such information for any purpose, including, without limitation, commercial purposes; (G) attempting to gain access to secured portions of the Seiseidou Site to which you do not possess access rights; (H) using the Seiseidou Site to generate unsolicited e-mail advertisements or spam; or (I) using any automatic or manual process to search or harvest information from the Seiseidou Site, or interfering in any way with the proper functioning of the Seiseidou Site.

Any unauthorized use of the Seiseidou Site, Seiseidou Content, and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms of Use. Except as provided herein, nothing contained on the Seiseidou Site should be understood as granting you a license to use any of the copyright, trademarks, service marks, or logos owned by Seiseidou or by any third party.

10. USE OF SOFTWARE. Seiseidou may make certain software available to you from the Seiseidou Site. If you use software from the Seiseidou Site, access or use the Seiseidou Site, or use any of the content available within the Seiseidou Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Seiseidou, for your personal, noncommercial use only. Seiseidou grants you a limited, personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access the Seiseidou Site, to use the Software, and to access the content within the Seiseidou Site according to these Terms of Use. Seiseidou does not transfer the title or the intellectual property rights to the Software, and Seiseidou retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
11. USER CONTENT; LICENSE TO USE USER CONTENT. For purposes of these Terms of Use, “content” means text, data, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Seiseidou Site; and “User Content” means any content that users (including you) post, upload, display, or otherwise provide to be made publicly available through or on the Seiseidou Site, including any content you authorize us access to from your social media accounts.

The Seiseidou Site allows the submission of User Content by you and other Seiseidou Site users, and the hosting, sharing, and/or publishing of such User Content with Seiseidou and other users. Seiseidou may offer you the opportunity to publicly post User Content on the Seiseidou Site via reviews, testimonials, comments, questions, photos, audio, video, and other methods.

You hereby agree that any User Content that you publicly place or that you authorize us to publicly place on the Seiseidou Site may be viewed by other users and may be viewed by any other person visiting the Seiseidou Site. Although we reserve the right to review and remove any User Content that violates these Terms of Use, such User Content is the sole responsibility of the user who posts it, and Seiseidou cannot guarantee that all User Content will comply with these Terms of Use. If you see User Content on the Seiseidou Site that violates these Terms of Use, please report it to support@simfort.co.

Seiseidou does not claim ownership to your User Content; however, if you do post User Content to the Seiseidou Site, and unless we indicate otherwise, you grant Seiseidou a universal, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, host, store, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such User Content and the name submitted in connection with your User Content, throughout the world in any and all media now known or hereafter conceived. Seiseidou and its affiliates are free to use any ideas, concepts or know-how contained in your User Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing products using such information. We are not, however, obligated to use your User Content.

You will not be compensated for any User Content. You agree that Seiseidou may publish or otherwise disclose your user name in connection with your User Content. By posting User Content on the Seiseidou Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. Notwithstanding, our license to your User Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Seiseidou Site.

You are solely responsible for all your User Content and the consequences of posting or publishing your User Content. Seiseidou assumes no responsibility whatsoever in connection with or arising from User Content. You represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Seiseidou on or through the Seiseidou Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that the User Content is accurate, that use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify Seiseidou, its officers, managers, members, employees, consultants, agents, affiliates, and representatives, for all demands, loss, liability, claims, or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content. Seiseidou reserves the right but not the obligation to monitor and edit or remove any activity or content, including the User Content. Seiseidou takes no responsibility and assumes no liability for any User Content posted by you or any third party.

You may remove your User Content by specifically deleting it or contacting Seiseidou. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Seiseidou Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

You understand that you may publish User Content to portions of the Seiseidou Site, which is a public forum. We ask that you protect your private and confidential information and that of your family by not posting or publishing any User Content that you do not want in the public domain. You may restrict the audience for all or part of your profile or for certain content or information about you by adjusting the settings on your account.

12. INAPPROPRIATE CONTENT. You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (A) violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right; (B) is libelous, defamatory, abusive, threatening, bullying, intimidating, harassing, or otherwise injurious to third parties; (C) is fraudulent, false, misleading, or deceptive; (D) is hate speech or promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (E) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (E) promotes illegal or harmful activities or substances; (F) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (G) advertises or otherwise solicits funds or is a solicitation for goods or services; or (H) contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Seiseidou reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions, testimonials, advice, ratings, discussions, comments, and/or other User Content of any kind made by you or any user of the Seiseidou Site are those of the respective author(s) or distributor(s) and not of Seiseidou. Seiseidou reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Seiseidou Site, and, if applicable, to delete any such material from its servers. Seiseidou intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
13. COMPLAINTS; ALLEGED VIOLATIONS. Seiseidou reserves the right to terminate your use of the Seiseidou Site. To ensure that Seiseidou provides a high quality experience for you and for other users of the Seiseidou Site, you agree that Seiseidou or its representatives may access your account, if applicable, and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Seiseidou Site. Seiseidou does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Seiseidou reserves the right to terminate your account, if applicable, or your access to the Seiseidou Site immediately, with or without notice to you, and without liability to you, if Seiseidou believes that you have violated any of the Terms of Use, furnished Seiseidou with false or misleading information, or interfered with use of the Seiseidou Site by others.
14. PROHIBITED USES. Seiseidou imposes certain restrictions on your permissible use of the Seiseidou Site. You are prohibited from violating or attempting to violate any security features of the Seiseidou Site, including, without limitation, (A) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, or impersonating any person or entity or posting any images of another person without his or her permission; (B) attempting to probe, scan, or test the vulnerability of the Seiseidou Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (C) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Seiseidou Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (D) using the Seiseidou Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (E) forging any TCP/IP (i.e., Transmission Control Protocol/Internet Protocol) packet header or any part of the header information in any e-mail or in any posting using the Seiseidou Site; (F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Seiseidou in providing the Seiseidou Site; (G) soliciting passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminating another person’s personal information without his or her permission; (H) creating another user account if we have already terminated your account, unless you have our written permission to do so; (I) using the Seiseidou Site for any harmful or nefarious purpose; (J) using the Seiseidou Site to damage Seiseidou; or (K) using the Seiseidou Site for any purpose that is illegal or prohibited by these Terms of Use. Any violation of system or network security may subject you to civil and/or criminal liability.
15. Either you or we may terminate your access to the Seiseidou Site and to your account, if applicable, at any time, with or without cause, and with or without prior notice. If you want to terminate your legal agreement with Seiseidou, you may do so by: (A) notifying Seiseidou at support@simfort.co or (B) closing your accounts for all of the Seiseidou Site services and products that you use. Without limiting the foregoing, we may terminate your access to the Seiseidou Site if you violate these Terms of Use. Upon termination for any reason, your right to access and/or use our Seiseidou Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account, including, without limitation, any User Content. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Seiseidou Site and to your account and/or as a result of the deletion of any information, files, or materials in or related to your account.

Upon any termination, discontinuation, or cancellation of your account or products that you purchase through the Seiseidou Site, all provisions of these Terms of Use that by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions. Upon any termination of your account by you or us, you will continue to be obligated to pay all amounts owing under these Terms of Use, which are due and payable prior to such termination and related to any products that you purchased through the Seiseidou Site.

Seiseidou reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated these Terms of Use, misused the Seiseidou Site, or acted in a way that Seiseidou regards as inappropriate or unlawful, including actions or communications that occur on or off the Seiseidou Site.

16. AFFILIATED AND THIRD PARTY SITES, THIRD PARTY SERVICES, AND THIRD PARTY CONTENT. Seiseidou has no control over, and no liability for any third party websites, applications, or materials. Seiseidou works with a number of third party partners and affiliates, whose Internet sites may be linked with the Seiseidou Site. Because neither Seiseidou nor the Seiseidou Site has control over the content and performance of these third party partner and affiliate sites, Seiseidou makes no guarantees about the accuracy, currency, content, policies, promotions, products, services, or quality of the information provided by such third party sites, and Seiseidou assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Seiseidou Site, you may have access to content items (including, but not limited to websites or “social media“ sites such as Instagram, Facebook, Google+, YouTube, Twitter, etc.) that are owned by third parties. You acknowledge and agree that Seiseidou makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, policies, promotions, products, services, failures, actions, damages, losses, problems, or quality of this third party content. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites, applications, or materials.

Further, certain portions of the Seiseidou Site may be integrated into, or be provided in connection with third party websites, services, content, and/or materials (“Third Party Services”). We do not review or control any Third Party Services. We additionally make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of Third Party Services accessible from the Seiseidou Site. There is no implied connection, endorsement, or adoption by Seiseidou of these Third Party Services and we shall not be responsible for any content provided on or through these Third Party Services. Certain opinions, claims, advice, representations, statements, or other information or materials may be made available by third parties through or in connection with the Seiseidou Site (“Third Party Content”). This Third Party Content belongs to the respective authors or providers of the applicable Third Party Content and these authors and providers are solely responsible for the Third Party Content they provide in relation to the Seiseidou Site.

 

Seiseidou DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT REGARDING ANY PORTION OF THE Seiseidou SITE; OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, CLAIM, ADVICE, REPRESENTATION, OR STATEMENT MADE BY A THIRD PARTY as part of any Third Party Content. UNDER NO CIRCUMSTANCES WILL Seiseidou BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THird Party CONTENT POSTED ON THE Seiseidou SITE OR TRANSMITTED TO OR BY ANY THIRD PARTY in connection with the Seiseidou SITE, INCLUDING ITS PRODUCTS AND SERVICES.

 

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE Seiseidou SITE AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. Seiseidou ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

17. Third Party Access to Your Information. Although you are entering into an agreement to disclose your information to us pursuant to these Terms of Use, we do use third party individuals and organizations to assist us, including contractors, web hosts, app developers, and others. Throughout the course of our provision of the Seiseidou Site to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under these Terms of Use. For this reason, you hereby agree that every authorization that you grant to us under these Terms of Use, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the Seiseidou Site or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
18. NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THE Seiseidou SITE, INCLUDING WITHOUT LIMITATION, ANY websites, mobile or tablet websites, products available and accessible via our websiteS, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, CONTESTS, and any other materials or any other online activities or platform we own or control, ARE PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. 

Seiseidou AND OUR officers, managers, members, employees, consultants, agents, AFFILIATES, and representatives, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. Seiseidou IS MAKING THE Seiseidou SITE AVAILABLE “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE Seiseidou SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Seiseidou EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE Seiseidou SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Seiseidou DOES NOT WARRANT THAT THE Seiseidou SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Seiseidou SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Seiseidou SITE IS AT YOUR SOLE RISK.

CERTAIN APPLICABLE STATE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, and representatives, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

19. LIMITED LIABILITY. Seiseidou’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Seiseidou OR ANY OF OUR officers, managers, members, employees, consultants, agents, affiliates, or representatives (COLLECTIVELY, THE “Seiseidou PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE Seiseidou SITE OR ANY OTHER CONTENT, PRODUCTS, GOODS, OR SERVICES PROVIDED TO YOU BY Seiseidou; YOUR INABILITY TO ACCESS OR USE THE SEISEIDOU SITE; THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SEISEIDOU SITE; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER CONTENT, EVEN IF SEISEIDOU HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, or any other legal theory or form of action EVEN IF Seiseidou PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT Seiseidou PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SEISEIDOU DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SEISEIDOU SITE. SEISEIDOU TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SEISEIDOU SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SEISEIDOU SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

YOU WILL NOT HOLD Seiseidou OR ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE Seiseidou SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE Seiseidou SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE Seiseidou SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD PARTY CONTENT OR THIRD PARTY SERVICES MADE AVAILABLE BY THIRD PARTIES THROUGH THE Seiseidou SITE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE Seiseidou SITE IS TO STOP USING THE Seiseidou SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF Seiseidou PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU OR ONE HUNDRED DOLLARS ($100.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Seiseidou, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Seiseidou AND YOU.

CERTAIN APPLICABLE STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

20. You agree to indemnify Seiseidou for certain of your acts and omissions. In consideration for your use of the Seiseidou Site AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH YOU, HEREBY AGREE TO INDEMNIFY, DEFEND, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE Seiseidou PARTIES, FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, JUDGMENTS, DAMAGES, LIABILITIES, SETTLEMENTS, LOSSES, COSTS, EXPENSES, AND RECOVERIES FOR ANY AMOUNTS CLAIMED DUE, OF ANY KIND OR NATURE WHATSOEVER arising out of or in connection with your ACCESS TO OR use of the Seiseidou Site, YOUR USER CONTENT, OR YOUR BREACH OF THESE TERMS OF USE, which YOU MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, INCLUDING PENALTIES, INTEREST, AND REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, INCLUDING BUT NOT LIMITED TO ANY DEATH, INJURY, LOSS OF ENJOYMENT, PROPERTY DAMAGE, OR OTHER HARM OR LOSS OF ANY KIND OR NATURE, ANY CLAIMS BASED ON PUBLICITY RIGHTS, INVASION OF PRIVACY, DEFAMATION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY RELATED CAUSES OF ACTION, OR YOUR USE OR MISUSE OF THE Seiseidou SITE, OR YOUR OTHER ACTS OR OMISSIONS IN CONNECTION THEREWITH.

Seiseidou will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. This defense and indemnification obligation will survive the termination of these Terms of Use and your use of the Seiseidou Site.

21. To the fullest extent permitted by applicable law, you hereby release and forever discharge Seiseidou and the Seiseidou Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (A) any interactions with, or act or omission of, or User Content provided by, other Seiseidou Site users or (B) any third-party site, products, services, and links included on or accessed through the Seiseidou Site.

Seiseidou reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other Seiseidou Site users or customers. To the extent the law permits, you release us from any claims or liability related to any content and/or User Content posted on the Seiseidou Site and from any claims related to the conduct of any other users or customers of ours. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

22. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Seiseidou Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Seiseidou Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit. The burden of proving that any content does not violate any laws or third party rights rests solely with you. You further agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Seiseidou Site or Seiseidou Content.
23. COPYRIGHT INFRINGEMENT. We respect the intellectual property of others, and we ask you to do the same. Seiseidou has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Seiseidou Site. If you are a copyright owner or an owner's agent and find any content on the Seiseidou Site that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). Seiseidou has adopted a policy that provides for the immediate suspension and/or termination of any Seiseidou Site user who is found to have infringed on the rights of Seiseidou or of a third party, or otherwise violated any intellectual property laws or regulations. Seiseidou’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Seiseidou to delete, edit, or disable the material in question, you must provide Seiseidou with all of the following information in writing: (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (B) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (C) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Seiseidou to locate the material; (D) information reasonably sufficient to permit Seiseidou to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (E) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (F) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Seiseidou’s designated agent at:

Seiseidou America, Inc.
Attn: Website Administrator
10880 Wilshire Blvd. Suite 1101
Los Angeles, California 90024, U.S.A.

24. All Seiseidou Content included in or made available through the Seiseidou Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of Seiseidou or its content suppliers and protected by United States and international copyright laws. The compilation of all Seiseidou Content included in or made available through the Seiseidou Site is also the exclusive property of Seiseidou and protected by United States and international copyright laws. Without limitation, Seiseidou owns a copyright in the selection, coordination, arrangement, and enhancement of the Seiseidou Content on the Seiseidou Site. All Seiseidou Content of the Seiseidou Site is: Copyright © 2019 Seiseidou. All rights reserved.
25. All trademarks, service marks, trade names, and trade dress, whether registered or unregistered, of Seiseidou used on the Seiseidou Site are trademarks or registered trademarks of Seiseidou. Seiseidou's trademarks and trade dress may not be used in connection with any product or service that is not Seiseidou's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Seiseidou. Without Seiseidou’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Seiseidou or its respective owners. The Seiseidou Content may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Seiseidou, unless and except as is expressly provided in these Terms of Use. Any unauthorized use of the Seiseidou Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Seiseidou Site.
26. TRADE SANCTION LAWS AND REGULATIONS. You understand and acknowledge that Seiseidou is required to follow applicable trade sanctions laws and regulations in all jurisdictions where it conducts business, including the general prohibition on engaging with certain governments, entities, groups, or individuals, often referred to as Specially Designated Nationals (“SDNs”), blocked persons, and/or denied party(ies), that are suspected to, or have, engaged in, or otherwise supported, terrorism, narcotics trafficking, or other identified nefarious activities. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
27. DISPUTE RESOLUTION; GOVERNING LAW. You hereby agree that any dispute or claim between you and Seiseidou arising out of, relating in any way to, or in connection with these Terms of Use, the Seiseidou Site, or any products, goods, services, or other content or materials offered or distributed through the Seiseidou Site (“Dispute(s)”) shall be resolved in accordance with the provisions set forth herein.
    1. Informal Resolution. Before taking any formal action as described herein, you agree that if you have any Dispute with Seiseidou, you will first contact us directly at support@simfort.co, provide a brief, written description of the Dispute and your contact information (including your email address associated with your user account, if any) and allow sixty (60) days to pass, during which time Seiseidou will attempt to reach an amicable and informal resolution of any issue with you.
    2. Applicable Law. You agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Disputes. Such body of law will apply regardless of your residence or the location of where you use the Seiseidou Site.
    3. Binding Arbitration. If informal resolution is not achieved within sixty (60) days, and except as specifically stated herein, any Dispute shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Arbitration Agreement (defined below), you and Seiseidou are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this subsection (A) or subsection (D). The provisions of this section shall constitute your and Seiseidou’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement shall be in writing and signed by you and Seiseidou. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling (800) 778.7879. The arbitrator will apply and be bound by these Terms of Use, apply applicable law and the facts, and issue a reasoned award.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Seiseidou will reimburse those fees for Disputes totaling less than $5,000 unless the arbitrator determines the Dispute is frivolous. Likewise, Seiseidou will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

Contact information for Seiseidou’s registered agent for Disputes/Arbitration is as follows:

Agent for Service of Process
Attn: Potente, A Professional Law Corporation

4320 La Jolla Village Drive Suite, 170
San Diego, California 92122

1. No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
2. Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Los Angeles County, California; (ii) you and Seiseidou irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Seiseidou agree to waive any right to a trial by jury.
3. Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 12 (Inappropriate Conduct) or Section 14 (Prohibited Uses) of the Terms of Use.
4. Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred
5. Opt-Out. You may choose to opt-out of arbitration and reject the Arbitration Agreement by emailing Seiseidou at support@simfort.co with your notice to opt-out (“Notice to Opt-Out”). Your Notice to Opt-Out must include your full name, street address, city, state, zip code, email address, and an unaltered digital image of your valid driver’s license. The Notice to Opt-Out must be received by Seiseidou no later than thirty (30) days after the date you accept these Terms of Use for the first time. There are no exceptions to these opt-out procedures. If you opt-out of the Arbitration Agreement ALL other parts of these Terms of Use will remain in effect and continue to apply to you.

WHETHER TO AGREE TO THE ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS, INCLUDING BUT NOT LIMITED TO AN ATTORNEY, REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

28. Jury Trial and Class Action Waiver. To the fullest extent permitted by law, you waive the right to a trial by jury with respect to any dispute arising out of or relating to these Terms of Use or your ACCESS and use of the Seiseidou Site. You further agree that any and all disputes or controversies between you and Seiseidou shall be resolved on an individual basis without resort to any form of class action and shall not be consolidated with the claims of any other parties. Your waiver of the right to bring any dispute as a class action shall not be deemed unenforceable even if the governing state law would otherwise permit the action to be filed and prosecuted as a class action.
29. SEVERABILITY; WAIVER. If any provision of these Terms of Use, or the application thereof to any person, place, or circumstance, will be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms of Use, and, provided that the fundamental terms and conditions of these Terms of Use remain legal and enforceable, the remainder of these Terms of Use and such provisions as applied to other persons, places, and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
30. CALIFORNIA USE ONLY. The Seiseidou Site is controlled and operated by Seiseidou from its offices in the State of California. Seiseidou makes no representation that any of the content or the electronic services to which you have been given access are available or appropriate for use in other locations. Your access to or use of the Seiseidou Site should not be construed as Seiseidou’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
31. INTERNATIONAL USE. The Seiseidou Site is intended only for users based in the United States. We control and operate the Seiseidou Site from our offices in the State of California, United States of America, and all information is processed within the United States. We do not represent that content on the Seiseidou Site is appropriate or available for use in other locations or is legal in all jurisdictions. Those who choose to access or use the Seiseidou Site from outside the United States do so voluntarily and at their own risk, and are responsible for compliance with their local laws.
32. CALIFORNIA USERS – CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Seiseidou Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at Seiseidou, LLC, Attn: Website Administrator, 10880 Wilshire Blvd. Suite 1101, Los Angeles, California 90024, U.S.A.; or, by email at support@simfort.co.

33. Seiseidou may, in its sole discretion and without prior notice, (A) revise these Terms of Use; (B) modify the Seiseidou Site; or (C) discontinue the Seiseidou Site at any time. Seiseidou shall post any revision to these Terms of Use to the Seiseidou Site, and the revision shall be effective immediately on such posting. We will also revise the “Last Updated” date found at the beginning of this Terms of Use when we post changes to it. You agree to review these Terms of Use and other online policies posted on the Seiseidou Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Seiseidou Site following notice of any revision, you shall abide by any such revision. These Terms of Use were last modified as of the date “Last Updated”, above.

 

34. ENTIRE AGREEMENT. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable, or sublicenseable by you except with our prior written consent. Any heading, caption, or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms of Use, please contact us at: support@simfort.co.

 

35. Language. It is the express intent of the parties that these Terms of Use and all related documents have been written in English.

 

36. We welcome feedback, comments, and suggestions for improvements to the Seiseidou Site (“Feedback”). You can submit Feedback by emailing us at support@simfort.co. If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of, and otherwise exploit the Feedback for any purpose.

 

37. BY ACCESSING THE Seiseidou SITE, INCLUDING BY USING ANY ELECTRONIC SERVICES OR ORDERING ANY PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.