NANBAN FOUNDATION™ WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE OR THE SERVICES. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE FORUM SELECTION CLAUSE AND CHOICE OF LAW PROVISIONS DESCRIBED IN THE SECTION TITLED “FORUM SELECTION AND CHOICE OF LAW” BELOW.

Welcome to Nanban Foundation (“Nanban” or “we”) website. The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of https://nanbanfoundation.org/ including any content, functionality and services therein (the “Site”) and the software portal (the “Services”).

Your use of this Site or the Services confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Site or the Services.

This Site and the Services are offered and available to users in the United States who are 13 years of age or older. By using this Site and the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site or the Services.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may beout of date at any given time, and we are under no obligation to update such material.

Services

When you register for the Services you will be presented with an end user license agreement (“EULA”), which, along with these Terms of Use and our Privacy Policy, will govern your use of some of the Services. Please review the EULA carefully before signing up for the Services. The EULA has additional terms that will apply to your use of some of the Services.

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 site 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 Site 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 Site 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 Site is not investment advice.

Material to be Consulted in its Entirety.

All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, 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.

Intellectual Property

The text and images on the Site and Services are for the personal, noncommercial use of the public. All content, data, logos, and trademarks, including without limitation the names NANBAN, GK STRATEGIES, NANBAN FOUNDATION and all other intellectual property used on this Site 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.

The Site and the Services are intended solely for personal use by the authorized users of the Services and may not be used except as permitted in these Terms of Use and an applicable EULA. No right, title or interest in any downloaded materials or software is transferred to you because of any downloading, copying, or posting. Except as noted herein or in an applicable EULA, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, reverse engineer, decompile, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Site or the Services without the prior written consent of Nanban or the owner of such material. Unless authorized in an applicable EULA, nothing contained in the Site or the Services grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrights, patents, or other proprietary material displayed on the Services without the prior written consent of Nanban or the owner of such material. All rights not expressly granted herein by Nanban to you are reserved by Nanban and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or  registered trademarks of their respective owners.

Requests to use the Site or Services content for any purpose other than as permitted in this agreement should be submitted to howdy@nanbanfoundation.org.

Nanban respects the intellectual property of others. If you believe that our Site or Services infringes your intellectual property, please contact us at: howdy@nanbanfoundation.org .

Prohibited Uses

You may use the Site and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
2. For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
4. To impersonate or attempt to impersonate Nanban, a Nanban employee or representative, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Site or users of the Site, or expose them to liability.

Additionally, you agree not to:

1. Use a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access.
2. Disclose a password or permit a third party to use a password or failing to notify us if a password is compromised.
3. Use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
4. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
5. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
6. Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts
of the Site, the server on which the Site is stored, or any server, computer or
database connected to the Site.
8. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

Your Privacy Rights

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Warranty & Disclaimer

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE 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 SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NANBAN DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE 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 SITE OR ANY LINKED SITE.

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

You shall indemnify, defend, and hold harmless Nanban and its affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, from and against any and all damages, claims and actions resulting from your use of the Site in violation of these Terms of Use or the infringement by you of any intellectual property rights or other proprietary rights of any person or entity.

IN NO EVENT WILL NANBAN BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION PROVIDED ON THIS SITE OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Modifications to Terms of Use

Nanban, in its sole discretion, reserves the right to update, revise, supplement or otherwise modify these Terms of Use, and, from time to time, to impose new or additional terms and conditions on your use of the Site. Such updates, revisions, supplements, modifications, and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of all such Additional Terms.

Links to Other Sites

Nanban is not responsible for the contents of any linked website that may be contained on our Site, 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.

Waiver

Nanban’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Nanban’s right to subsequently enforce such a provision or any other provision of this Agreement, and no delay or omission on the part of Nanban to exercise or take advantage of any right or remedy that Nanban has or may have hereunder will operate as a waiver of any right or remedy.

Severability

If 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 affect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Jurisdiction

This Site 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 Site 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 Site 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 Site 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 Site 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 Site 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 Site 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 Site 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 if you do not access the Site 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 Site 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 Site 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 Site and the Services.

Customer Support

Please contact howdy@nanbanfoundation.org or the account representative listed in
your EULA with questions or problems with the Site or the Services.

Last Updated:  Feb 2021