In the event of a conflict between the terms of this Agreement and the terms of a specific, active EULA between you and Nanban or one if its affiliates, the terms of the EULA shall control.
Only authorized users may use the Services. By using the Services, you acknowledge and agree that you have the appropriate authorization to use the Services. Users of the Services must either have an active EULA with Nanban or one if its authorized providers, or be authorized by a party that has an active EULA.
No Offer of Securities Under no circumstances should any material at this Mobile App be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities. The material on this Mobile App does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.
No offer of Products or Services
Nothing on this Mobile App should be considered an offer of any products or services in any jurisdiction where registration or licenses are required to make such offer lawful. The information contained on this Mobile App is not investment advice. Material to be Consulted in its Entirety All materials at this Mobile App are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
The text and images on the Mobile App and Services are for the personal, noncommercial use of the public. All content, data, logos and trademarks, including without limitation the names NANBANGK STRATEGIES, GKBOT, and NANBAN FOUNDATION and all other intellectual property used on this Mobile and the Services are subject to the copyright and/or trademark laws of the United States and, except where noted otherwise, are the exclusive property of Nanban or our affiliates.
Requests to use the Mobile App or Services content for any purpose other than as permitted in this agreement should be submitted to email@example.com.
Nanban respects the intellectual property of others. If you believe that our Mobile App or Services infringes your intellectual property, please contact us at: firstname.lastname@example.org.
Additionally, you agree not to:
Your Privacy Rights
Warranty & Disclaimer
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE MOBILE APP
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE SATISFACTORY QUALITY AND NON-INFRINGEMENT. NANBAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MOBILE APP IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NANBAN DOES NOT WARRANT THAT ANY PART OF THE MOBILE APP WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE MOBILE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE MOBILE APP AND ACCESS TO THE MOBILE APP WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. IN NO EVENT SHALL NANBAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR RELATED ENTITIES, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS MOBILE APP OR ANY LINKED MOBILE APP.
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE DATA THAT YOU ENTER IN THE SERVICES. NANBAN AND ITS CONTRACTORS MAY USE VARIOUS WAYS OF VERIFYING INFORMATION THAT ACCOUNTS HAVE PROVIDED. HOWEVER, NONE OF THOSE WAYS IS ERROR-FREE, AND YOU AGREE THAT NANBAN AND ITS CONTRACTORS WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY FALSE OR INCORRECTLY VERIFIED INFORMATION.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Indemnification and Limitation of Liability
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Links to Other Sites
Nanban is not responsible for the contents of any linked website that may be contained on our Mobile App, any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by Nanban of that website and is provided only for informational purposes.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
This Mobile App is controlled by Nanban, which is headquartered in the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Mobile App both you and Nanban agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Mobile App or the information contained herein. With respect to any disputes or claims not subject to arbitration, you and Nanban also agree and hereby submit to the exclusive, personal jurisdiction and venue of state and federal courts residing in Texas, and waive any jurisdictional or venue defenses otherwise available. Nanban makes no representation that materials on the Mobile App are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Mobile App from other locations do so on their own initiative and are responsible for compliance with local laws. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed and stored in the United States.
Forum Selection and Choice of Law
By using the Mobile App in any way, you unconditionally consent and agree that:
(1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Nanban and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Nanban Entities”) arising out of, relating to, or connected in any way with the Mobile App or the determination of the scope or applicability of this agreement will be governed by the laws of the State of Texas;
(2) the state and federal courts within Collin County, Texas shall be the exclusive venue to resolve any such claim, dispute or controversy; and
(3) you consent to personal jurisdiction in the state and federal courts in Collin County, Texas. Term and Termination This Agreement will become effective upon your acceptance of the Agreement by your use the Mobile App or the Services and will remain in effect unless and until terminated hereunder. You may terminate this Agreement at any time upon written notice to Nanban, provided that you do not access the Mobile App or Services thereafter. Except as otherwise set forth in an applicable EULA, Nanban may terminate this Agreement at any time and may do so immediately without notice, and accordingly may deny you access to the Mobile App or the Services, if in Nanban’s sole discretion you fail to comply with any term or provision of this Agreement or any applicable EULA. Upon any termination of this Agreement by either you or Nanban, you agree to promptly destroy all materials downloaded or otherwise obtained from the Mobile App or the Services, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise, and to refrain from further accessing the Mobile App and the Services.
Please contact email@example.com contact email or the account representative listed in your EULA with questions or problems with the Mobile App or the Services.