TERMS OF USE

Clause 1 (Purpose)

Shift-One, Inc. ("Company") provides all services ("Service") inrelation to this website ("Website") subject to your compliance with the terms and conditions set forth in this agreement ("Agreement"). This Agreement governs the relationship between Company and you with respect to your use of the Service.

Clause 2 (Application and Change of Terms and Conditions of Agreement)

  1. The Agreement shall be applicable to the Company and youwith respect to your use of the Service. Your use of the Service shall be deemed to have read and agreed to the terms and conditions set forth in the Agreement.
  2. The Company reserves the right at any time to change theterms and conditions of the Agreement without your approval. Any change on the terms and conditions of the Agreement the Company makes shall be effective immediately upon announcement. Your continued use of the Service after such announcement shall be deemed acceptance of such change.

Clause 3 (Individual Agreement)

  1. The Company reserves the right at any time to provide youwith the terms of use ("Individual Agreement") for respective Service without your approval.
  2. Your continued use of the Service after such provision shallbe deemed to agree to the Individual Agreement.
  3. The Individual Agreement shall constitute a part of theAgreement and if there is contradiction between the Agreement and the Individual Agreement, the Individual Agreement shall prevail.

Clause 4 (Prohibited Matters)

While using the Service, you agree not to:

  1. impersonate another person and use the Service;
  2. conduct any act that could cause aninfringement of intellectual property right, including copyright and trademark right, of Company or any other
  3. conduct any act that could cause aninfringement of property or an invasion of privacy of another person;
  4. disclose your personal information or anyother person's personal information (e.g., name, e-mail address, telephone number, age, residence address, etc. The same shall apply hereinafter.).
  5. collect another person's personal information;
  6. conduct any act that could cause an infringement ofproperty of the Company, a damage to credit of the Company or be disadvantageous to the Company;
  7. conduct any business activity or use the Service for any commercial purpose;
  8. inhibit any other person from using the Service;
  9. obstruct the Company’s business;
  10. access any facility, equipment and/or server used in connection with the Service;
  11. sell, lease, copy, reproduce, publish,distribute, disclose, publicly display, upload or post any of the content or information contained in the Service except as expressly authorized by the Company;
  12. upload, post, transmit, distribute or publicly display any program the Company considers harmful to it;
  13. conduct any act that violates an announcement, notice and others to be provided by the Company;
  14. conduct any act against public order and morals; or
  15. conduct any act that violates any applicable law, rule and/or regulation, or the Agreement.

Clause 5 (Restrictions on Use)

  1. If the Company determines that your breach of the Agreementoccurs, the Company may take any of the following actions at its sole discretion.
    1. Giving a caution or warning;
    2. Suspension of the Service;
    3. Cancellation of your member registration; or
    4. Termination of providing you with the Service.
  2. The Company shall not be liable for any damage, loss and/or disadvantage incurred by you in connection with actions set forth in the preceding paragraph to be conducted by the Company.

Clause 6 (Interruption etc. of the Service)

  1. The Company reserves the right to limit, suspend, interruptor terminate the availability of the Service, in whole or in part, to you and any other person at any time and in its sole discretion.
  2. If the Company limits, suspends, interrupts or terminatesthe availability of the Service in accordance with the preceding paragraph, the Company shall notify you of those actions in advance.
  3. The Company hereby disclaims all liabilities with respect toall limitations, suspensions, interruptions or terminations of the Service to be done in accordance with the first paragraph.

Clause 7 (Personal Information)

Your personal information will be used pursuant to the terms and conditions of the Agreement and the Company’s Privacy Policy.

Clause 8 (Disclaimers)

The Company shall not warrant any of the followings nor be liable for any damage, loss and/or disadvantage incurred by you in connection with it:

  1. No defect on the Service;
  2. No limitation, suspension or interruption on the Service; or
  3. No delay of the Service.

Clause 9 (Limitation of Liability)

The Company or any of its parent companies, subsidiaries, affiliates, or the Company’s or its directors, officers or employees shall be only responsible or liable for direct and ordinary loss that is actually incurred by you in connection with the Service. Neither the Company nor any of its parent companies, subsidiaries, affiliates, nor the Company’s or its directors, officers or employees, are responsible or liable for indirect, incidental, consequential, special or punitive damages of any kind (including but not limited to loss of business, loss of data, loss of goodwill or lost profit).

Clause 10 (Notice)

  1. Any notice to you by the Company shall be given by displayon the Website, transmitting of e-mail or other methods the Company considers appropriate.
  2. You shall check the notice given by the Company inaccordance with the preceding paragraph from time to time and the Company shall not be liable and responsible for any damage, loss and/or disadvantage incurred by you due to the fact that you do not check the notice.

Clause 11 (Language)

In the event of any conflict or discrepancy between the Japaneseversion and any other languages’ version, the Japanese version shall prevail.

Clause 12 (Governing Law and Jurisdiction)

  1. The Agreement shall be governed by the laws of Japan.
  2. The Tokyo District Court has exclusive jurisdiction tosettle any dispute arising out of or in connection with the Agreement..