Representations and Warranties. You represent and warrant that you are at least 21 years of age, have the right and authority to agree to the Terms, are fully able and competent to satisfy the Terms, and your use of this Site will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the Terms.
Disclaimers. Your use of this Site is at your own risk. Except when expressly provided, the information, materials and services provided on or through this Site are provided “as is” without any warranties of any kind including warranties of merchantability or fitness for a particular purpose. The information, materials and services provided on or through this Site may be out of date, and neither Hitoki, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials
or services. No advice or information, whether oral or written, obtained from Hitoki or through this Site will create any warranty not expressly made.
Ownership. Hitoki, its subsidiaries, affiliated companies, distributors, vendors, contractors, and/or licensors (collectively, the “Hitoki Parties”) are the owners or licensees of all content and materials on this Site (“Site Content”) and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights, and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio- visual elements, and downloadable materials on this Site, as well as the look-and-feel, design, layout, organization, presentation, user interface, navigation, and stylistic conventions of this Site.
Unsolicited Products or Ideas. Hitoki does not accept unsolicited products or ideas, and it is not responsible for the similarity of any of its products or ideas to products or ideas transmitted to Hitoki. Should you submit any unsolicited products or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Hitoki and its affiliates regarding the use of such products and ideas, even if a product or an idea is used that is substantially similar to the product or idea you submitted.
Indemnification. You agree to defend, indemnify, and hold Hitoki and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including actual attorney’s fees, related to or in connection with (i) the use of this Site or your placement or transmission of any user submission or other content, message or information on this Site by you or your authorized users; (ii) your violation of the Terms; (iii) your violation of any third party rights; (iv) your violation of any law, rule or regulation of the United States or any other country including, but not limited to, illegal use of or purchase of the products on this Site; (v) any claims that arise as a result of any materials that you provide to Hitoki, including without limitation, any claim arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of this Site with your username, password, or other appropriate security code.
Release. In the event that you have a dispute with one or more other users of this Site, you release Hitoki (and our members, agents, and employees) from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Choice of Law. Any claims relating to, and the use of, this Site and the materials contained herein will be governed exclusively by and construed under the laws of the State of Georgia. You hereby consent and waive all objections to the exclusive personal jurisdiction, and venue in, the Superior Court of Fulton County, Georgia for the purposes of all cases and controversies arising out of the use of this Site and the Terms.
Rights Reserved. Hitoki’s failure to act with respect to a breach by you or others does not waiver our right to act with respect to such breach or any subsequent or similar breach. You agree that Hitoki may assign its rights under the Terms in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Entire Agreement. The Terms set forth the entire understanding and agreement between you and Elevated.
Severability. If any of the provisions, terms or clauses of the Terms are declared illegal, unenforceable or ineffective by an authority of competent jurisdiction, those provisions, terms and clauses shall be deemed severable, such that all other provisions, terms and clauses of the Terms shall remain valid and binding.