Hakatai WebsiteTerms and Conditions of Use

Welcome to the Hakatai.com website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.

These terms and conditions of use apply to and govern your use of the Hakatai Website. For purposes of these terms and conditions of use, the words “you” and “your” shall refer to any visitor to the Site. The name Hakatai refers to Hakatai Enterprises, Inc., an Oregon corporation. The term Site shall refer to www.Hakatai.com. Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site.

License to Use the Site

Hakatai grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. Except as expressly provided herein or otherwise allowed by Hakatai, you may not use the Site for any commercial purpose concurrent to Hakatai.

Changes to Terms and Conditions of Use

Hakatai reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

Ownership; Restrictions

Hakatai owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Hakatai, and/or its third party providers, are the owners of the copyright in the entire Site. Hakatai owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, mirror, or in any way exploit the Site or any portion thereof for any public or commercial use, other than as expressly provided by these terms and conditions of use, without the express written permission of Hakatai. You may download copies of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in or on such Content, including without limitation trademarks and service marks of Hakatai and its affiliates or the copyright holder identified in the individual Content’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

The name Hakatai is a registered trademark of Hakatai Enterprises, Inc. Use of the Hakatai name without Hakatai’s written permission is strictly prohibited.

Change to Site or Content

Hakatai shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to content, features, or hours of availability. Hakatai may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability.

Acceptable Use Policy

As a condition of your use of this Site, you warrant to Hakatai that you:
 Will only use this Site for lawful purposes in accordance with these terms and conditions of use;  Agree not to infringe the proprietary rights, intellectual property rights, rights of publicity or privacy rights of Hakatai or third parties in connection with your use of the Site; Will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Site.

Disclaimer

Hakatai does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Hakatai reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Indemnification

You shall indemnify, defend and hold harmless Hakatai, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Hakatai reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hakatai.

Links to Other Websites

The Site may contain links and pointers to other World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from our Site do not constitute an endorsement by Hakatai or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that Hakatai or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Hakatai or any of its affiliates. Hakatai is not responsible for content on or services provided by other Web sites that are linked to or from the Hakatai site, including without limitation Hakatai’s partners’ Web sites and services. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, CUSTOMERS, AND ANY OTHER THIRD PARTY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HAKATAI NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. HAKATAI AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HAKATAI’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL HAKATAI, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Hakatai’s Rights to Materials Provided by Users

Any or all material and information provided by you to the Site, if any, may be included in a database owned by Hakatai and its subsidiaries, partners and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.

By uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Site, you grant to Hakatai a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

You waive all rights to any claim against Hakatai for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Hakatai is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that by submitting Communications to the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Hakatai or any Hakatai affiliate or subsidiary other than pursuant to these terms and conditions of use. Hakatai shall not be responsible for the payment of any monies to any party in connection with Hakatai’s use of Communications submitted by you to the Site.

No Resale / Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose without the express written permission of Hakatai.

Termination

Hakatai may, in its sole discretion and at any time, discontinue the Site, or limit or restrict any user’s access to the Site, for any reason.

General Provisions

If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Hakatai with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Hakatai of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Applicable Law

These terms and conditions of use shall be governed in all respects by the laws of the State of Oregon, excluding its rules governing conflict of laws. You agree that any claim or dispute relating to your use of the Hakatai website must be resolved by a court located in Jackson County, Oregon, and you hereby submit to the personal jurisdiction of the courts located within Jackson County, Oregon for the purpose of resolving all such disputes.