Jione Co., LTD. (“we” or “us”) owns and operates the website at www.jioneauto.com (the “Site”), where you can find information about our products and service. The following terms of service (“TOS”) describe our rights and the obligations of a user or visitor of this Site (“user”, “visitor” or “you”).
1) Acceptance of Terms
We provide our Service (as defined below) to you, subject to the following TOS, which may be updated by us from time to time without notice to you. By using this Site, you agree to these TOS. If you do not agree to these TOS, please do not use this Site. You can review the most current version of the TOS at any time by accessing the link provided on the Site. In addition, your usage of our Site and Services shall be subject to any posted guidelines or rules applicable to such Services which may be posted and or updated from time to time at our discretion.
Failure on the part of visitor to our Site or user of our Services to not read or properly understand the TOS here shall in no way absolve you of your responsibility to act in compliance with the TOS stated here. We may also offer other services that are governed by different Terms of Service agreements.
2) Description of Service
Our Site provides access to a listing of vehicles (“Product”) available for sale at our location(s), and may include communications tools for you to contact us regarding any vehicles of interest to you (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
We may make changes to any Products or Services offered on the Site, or Product pricing at any time without notice, at the sole discretion of us. Any information and materials on the Site regarding the Products may be out of date, and we have no obligation to update the information or materials on the Site.
Your purchase of the Product shall be subject to the terms and conditions for sales of the Product, which we separately provide you before we sell the product to you.
3) Submission of Personal Information
4) Prohibited Use
As a condition of your use of the Service or the Site, you may not do any of the following while accessing or using the Service or the Site: (a) to use the Service or the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices; (b) to use the Service or the Site in any manner which could damage, disable, overburden, or impair the Service or the Site; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to upload or transmit viruses or any other type of malicious code; or (f) to attempt to gain unauthorized access to any portion or feature of the Service or the Site, or any other computer systems or networks connected to the Site or our server, through hacking, password mining or any other means.
5) Right to Discontinue or Refuse Service
We are a privately operated service and we reserve the right, in our sole discretion, to refuse to provide any Service to you, terminate your access to the Site or discontinue any Service, at any time for any reason without notice. This denial of service to users may include but not necessarily be limited to IP address blocking or cookie tracking methods. We are not liable for any losses incurred by any individual should we refuse to provide or discontinue Service to them.
6) Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. These linked sites are provided solely as a convenience to our visitors. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8) Proprietary Rights
You acknowledge and agree that the Service, the Site and any necessary software used in connection with the Service or the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you on or through the Service or the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, copy, reproduce, recompile, decompile, or create derivative works based on the Service, the Site or the Software or any materials on the Site, in whole or in part.
You agree not to access the Service by any means other than through the interface that is provided to you for use in accessing the Service.
We do not guarantee, represent and warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You understand and agree that the features and Services on the Site are provided on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
10) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMGES, OR ANY LOSS OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO, USE OF, OR INABLITIY TO ACCESS OR USE, THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY INFORMATION OBTAINED FROM OUR SERVICE; OR (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to indemnify, defend and hold harmless us, our officer, directors, shareholders, employees, agents, affiliates and partners from any claims, loss, liability or expenses (including reasonable attorneys’ fees), made by any third party due to or arising out of or in connection with your use of the Service or the Site.
12) Force Majeure
Without limiting the generality of the foregoing, under no circumstances shall we held liable for an delay or failure or disruption of the content or Services delivered resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.
14) Governing Law; Dispute Resolution
These TOS shall be governed by the laws of JAPAN without regard to its conflict. If the dispute/conflict arising out of or in connection with these TOS can not be solved through amicable discussion, Osaka District Court holds original, exclusive jurisdiction over the dispute/conflict.
15) Changes to Terms of Service
We reserve the right, at our sole discretion, to update, change or replace any part of these TOS by posting updates and changes to our Site. Your continued use of or access to our Site or the Service following the posting of any changes to these TOS constitutes acceptance of those changes.