The Site, ukiyopm.com, is an original work belonging to Ukiyo Property Management Inc. (“Company,” “we,” “us,” or “our”), protected by copyright law. Certain features of the Site may be subject to additional rules, terms, or guidelines, which will be posted in connection with the applicable features. These additional guidelines, terms, and rules are incorporated by reference into these Terms.
These Terms require that any disputes be resolved through individual arbitration (Section 10.2) instead of class actions or jury trials and limit the remedies available to you in case of a dispute.
1. Account Creation
In order to access certain features of the Site, you must first register for an Account by providing certain information about yourself as requested on the account registration form. You warrant and represent that: (a) all registration information you provide is true and accurate; and (b) you will maintain the accuracy of such information. If you wish to terminate your Account, you may do so at any time for any reason by following the instructions on the Site. We reserve the right to suspend or terminate your Account as described in Section 8.
2. Account Responsibilities
You are solely responsible for maintaining the confidentiality of your Account login information and all activities under your Account. You agree to immediately notify us of any suspected or unauthorized use of your Account or any other security breach. We will not be responsible for any loss or damage arising from your failure to comply with these requirements.
Access to the Site
Company gives you a limited license that is non-exclusive, non-transferable, revocable, and restricted to your personal, non-commercial use to access and use the Site subject to these Terms.
2. Certain Restrictions
The license granted to you by Company is subject to some limitations: (a) you are prohibited from commercially exploiting the Site or any content on the Site by licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or any other means; (b) you shall not reverse engineer, disassemble, modify, create derivative works of, or attempt to access the Site’s source code; (c) you shall not use the Site to develop any competitive product, website or service; and (d) you shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Site without the express written consent of Company, except as expressly permitted in these Terms. Any future updates or releases to the Site will also be subject to these Terms. You must retain all copyright and other proprietary notices on the Site or any content displayed.
Company reserves the right to modify, suspend, or discontinue the Site (in whole or part) with or without notice to you at any time. You agree that Company will not be liable for any modification, suspension, or discontinuation of the Site or any part thereof.
4. No Support or Maintenance
Company is not obligated to provide any maintenance or support in connection with the Site.
Except for any User Content you provide (as defined below), you acknowledge that Company or its suppliers own all intellectual property rights in the Site and its content, including copyrights, patents, trademarks, and trade secrets. Your access to the Site under these Terms does not transfer any rights, title, or interest in or to such intellectual property rights to you or any third party, except for the limited access rights expressly stated in Section 2.1. All rights not granted to you under these Terms are reserved by Company and its suppliers. These Terms do not grant any implied licenses.
1. User Content
“User Content” refers to any information and material that a user submits or employs with the Site (such as the content on the user’s profile or postings). The responsibility for User Content rests solely with you. You take all risks with using your User Content, including any dependence on its accuracy, completeness, or usefulness by others or any revelation of your User Content that identifies you or any third party. You confirm and ensure that your User Content does not infringe on our Acceptable Use Policy (defined in Section 3.3). You may not indicate or suggest to others that your User Content is provided, sponsored, or endorsed by Company in any way. Since you are entirely responsible for your User Content, you could face legal action if, for example, your User Content violates the Acceptable Use Policy. Company is not bound to back up any User Content, and your User Content could be deleted without prior notice. You are solely responsible if you wish to create and maintain backup copies of your User Content.
You grant Company an irrevocable, non-exclusive, royalty-free, and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You guarantee you have the right to grant such a license to Company. You also irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
3. Acceptable Use Policy
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; is illegal, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, deliberately misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; is harmful to minors in any way; or violates any law, regulation, or obligations or restrictions imposed by any third party.
(b) Moreover, you consent not to:
- Transfer, disseminate, or disseminate to or via the Website any computer viruses, worms, or any software designed to harm or change a computer system or data;
- Transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of repetitive or unsolicited messages, whether commercial or otherwise, through the Website;
- Use the Website to accumulate, collect, gather, or assemble information or data about other users, including email addresses, without their consent;
- Disrupt, disturb, or put an undue load on servers or networks connected to the Site or break the regulations, rules, or procedures of such networks;
- Attempt to obtain unauthorized access to the Site (or to other computer systems or networks connected to or used in conjunction with the Site), whether through password mining or any other means;
- Torment or interfere with any other user’s use and pleasure of the Site; or
- Use software or automated agents or scripts to create multiple accounts on the Site or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we provisionally grant search engine operators revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indexes of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
We maintain the right (but not the obligation) to examine any User Content and investigate and/or take suitable action against you at our sole discretion if you infringe on the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other individual. Such action may involve removing or altering your User Content, ending your Account according to Section 8, and/or reporting you to law enforcement authorities.
If you offer Company any feedback or suggestions regarding the Site (“Feedback”), you hereby transfer all rights in such Feedback to Company and agree that Company may use and fully exploit such Feedback and related information in any manner it sees fit. Company will consider any Feedback you offer to Company as non-confidential and non-proprietary. You consent not to give Company any information or ideas you regard as confidential or proprietary.
Links to Third-Party Sites & Ads; Other Users
1. Third-Party Links & Ads
The Site may contain links to third-party websites and services and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply suitable caution and discretion. When you click on any Third-Party Links & Ads, the relevant third party’s terms and policies apply, including the third party’s privacy and data-gathering practices. You should make any investigation necessary or appropriate before proceeding with any transaction concerning Third-Party Links & Ads.
2. ACH Payment Partner
3. Credit Transfers
4. Other Users
Each Site user is solely responsible for all User Content provided by them or others, as we do not have control over it. Therefore, you acknowledge and agree that we are not responsible for any User Content, and we make no guarantees as to its accuracy, currency, suitability, or quality. Your interactions with other users of the Site are solely between you and those users, and Company will not be responsible for any loss or damage incurred due to those interactions. In case of any dispute between you and any other Site user, we are not obligated to become involved.
You hereby release and forever discharge Company (and its officers, employees, agents, successors, and assigns) from any past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site, including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads. If you are a resident of California, you waive California Civil Code Section 1542 in connection with the foregoing, which states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or she must have materially affected his or her settlement with the debtor.”
The site is provided on an “as-is” and “as-available” basis, and Company (and our suppliers) explicitly disclaim any and all warranties and conditions of any nature, whether expressed, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, peaceful enjoyment, accuracy, or non-infringement. We (and our suppliers) make no guarantee that the site will meet your requirements, will be accessible on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some regions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
7. Limitation on Liability
To the Maximum Extent Permitted by Law, in No Event Shall Company (or Our Suppliers) Be Liable to You or Any Third Party for Any Lost Profits, Lost Data, Costs of Procurement of Substitute Products, or Any Indirect, Consequential, Exemplary, Incidental, Special or Punitive Damages Arising from or Relating to These Terms or Your Use of, or Inability to Use, the Site, Even If Company Has Been Advised of the Possibility of Such Damages. Access to, and Use of, the Site Is at Your Discretion and Risk, and You Will Be Solely Responsible for Any Damage to Your Device or Computer System or Loss of Data Resulting Therefrom.
To the Maximum Extent Permitted by Law, Notwithstanding Anything to the Contrary Contained Herein, Our Liability to You for Any Damages Arising from or Related to This Agreement (for Any Cause Whatsoever and Regardless of the Form of the Action) Will at All times Be Limited to a Maximum of Fifty Us Dollars (U.S. $50). The Existence of More than One Claim Will Not Enlarge This Limit. You Agree That Our Suppliers Will Have No Liability of Any Kind Arising from or Relating to This Agreement.
Some Jurisdictions Do Not Allow the Limitation or Exclusion of Liability for Incidental or Consequential Damages, so the above Limitation or Exclusion May Not Apply to You.
8. Duration and Termination
Notwithstanding anything contrary to these Terms, your use of the Site will continue to be in full force and effect until you stop using it. We reserve the right to suspend or terminate your access to the Site, including your account, at any time and for any reason, at our sole discretion. This includes any violation of these Terms. If we terminate your account, your right to use the Site will end immediately. You acknowledge that your account termination may result in deleting any user-generated content associated with your account from our live databases. We will not be liable to you in any way for any termination of your rights under these Terms, including termination of your account or deletion of your user-generated content. However, the following sections will remain in effect even after your rights under these Terms have terminated: Sections 2.2 through 2.5, Section 3, and Sections 4 through 10.
9. Copyright Policy
We respect the intellectual property rights of others, and we expect our Site’s users to do the same. As part of our Site, we have adopted and implemented a copyright policy that enables us to remove any infringing content and to terminate the accounts of any online Site users who repeatedly violate intellectual property rights, including copyrights. If you believe that one of our Site users is infringing on your copyrighted work using our Site, please send a written notification (in compliance with 17 U.S.C. § 512(c)) to our Designated Copyright Agent containing the following information:
- Your physical or electronic signature
- Identification of the copyrighted work(s) you claim has been infringed
- Identification of the allegedly infringing material on our services and your request for us to remove it
- Enough information to allow us to locate the material
- Your address, telephone number, and e-mail address
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the copyright or authorized to act on behalf of the copyright owner
Please be aware that making a false statement or misrepresenting material in a written notification pursuant to 17 U.S.C. § 512(f) subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the notification and allegation of copyright infringement.
These Terms may be revised periodically, and in the event of significant alterations, we may apprise you by sending an email to your latest email address on record with us, if any, and/or by prominently publishing notification of the changes on our website. It is your responsibility to keep us informed of your most up-to-date email address. If the email address you previously provided is invalid or cannot deliver the notification described above for any reason, our transmission of the email containing such notice will nonetheless constitute proper notification of the changes outlined in the notification. Any amendments to these Terms will become effective either thirty (30) calendar days after we send an email notification to you (if applicable), or thirty (30) calendar days after we post notification of the changes on our website. These changes will be effective immediately for new users of our website. Your continued use of our website following notification of such changes signifies your recognition of such changes and your consent to abide by the terms and conditions of such changes.
2. Conflict Resolution
Please read this Arbitration Agreement carefully, as it is an integral part of your agreement with the Company and will affect your legal rights. It includes protocols for BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All conflicts and disputes (excluding requests for injunctive or other equitable relief, as set forth below) related to the Terms or the usage of any products or services supplied by the Company that cannot be resolved informally or in small claims court shall be resolved through binding arbitration on an individual basis pursuant to the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, and all authorized or unauthorized users or beneficiaries of services or goods supplied under the Terms.
(b) Notice Requirement and Informal Conflict Resolution. Before either party initiates arbitration, that party must send the other a written Notice of Conflict (“Notice”) outlining the nature and basis of the claim or dispute and the requested remedy. A Notice to the Company should be sent to the contact specified in clause 10.8. After receiving the Notice, you and the Company may attempt to informally resolve the claim or dispute. If you and the Company cannot resolve the claim or dispute within thirty (30) days after receipt of the Notice, either party may initiate an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Rules for Arbitration. Arbitration shall be initiated using the services of the American Arbitration Association (“AAA”), an established provider of alternative dispute resolution (“ADR”) that provides arbitration as outlined in this section. In the event that the AAA is not available to arbitrate, the parties will agree to select another ADR provider. The ADR provider’s rules will govern all aspects of the arbitration, such as initiating and/or demanding arbitration, subject to any conflicts with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”), which govern the arbitration, are accessible online at www.adr.org or by calling the AAA at 1-800-778-7879. An impartial arbitrator will conduct the arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held within 100 miles of your residence unless you live outside the United States and the parties have agreed to a different location. If you reside outside the U.S., the arbitrator will give the parties reasonable notice of any oral hearing’s date, time, and place. If the arbitrator grants you an award greater than the last settlement offer that the Company made to you before the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party will bear its expenses (including legal fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Regulations for Non-Appearance Based Arbitration. In the event that non-appearance-based arbitration is chosen, the arbitration will be conducted by telephone, online, and/or based exclusively on written submissions. The party initiating the arbitration will select the specific mode. Unless the parties have agreed otherwise, the arbitration will not involve any personal appearance by the parties or witnesses.
(e) Time Limits. If you or the Company elects to pursue arbitration, the arbitration action must be commenced and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and any deadline imposed under the AAA Rules for the relevant claim.
(f) Authority of Arbitrator. The arbitrator will decide the rights and obligations of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator can grant motions that dispose of all or some portion of a claim. The arbitrator has the power to award monetary damages and to grant any non-monetary remedy or relief that an individual is entitled to under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision that sets forth the essential findings and conclusions upon which the award is based, including any damages awarded. The arbitrator has the same authority to grant relief to an individual as a judge in a court of law. The arbitrator’s decision is final and binding on you and the Company.
(g) Jury Trial Waiver. Both parties forgo their legal right to a court trial before a judge or jury and instead agree to settle all claims and disputes through arbitration as outlined in this agreement. Arbitration methods are typically more restricted, streamlined, and cheaper than those employed in court and are open to only limited review by the court. In the event of litigation in any state or federal court between you and the company to enforce or vacate an arbitration award, the parties waive their right to a jury trial and agree to have the dispute resolved by a judge.
(h) Class and Consolidated Actions Waiver. All claims and disputes related to this arbitration agreement must be handled individually and not as part of a group, and disputes involving multiple customers or users cannot be resolved jointly or consolidated with those of any other customer or user.
(i) Confidentiality. The entire arbitration process, including the arbitrator’s decision and compliance, is strictly confidential, and the parties agree to keep it confidential unless otherwise required by law. This paragraph does not preclude either party from submitting any necessary information to a court of law to enforce this agreement, an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part of this Arbitration Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such a specific part or parts will be null and void and separated, while the remaining portion of the Agreement will remain in full force and effect.
(k) Right to Forgo. The party against whom a claim is made has the right to forgo any or all of the rights and limitations stated in this Arbitration Agreement. Such a decision will not waive or affect any other part of this Arbitration Agreement.
(l) Continuation of Agreement. This Arbitration Agreement will remain in effect even after you terminate your relationship with the Company.
(m) Small Claims Court. Notwithstanding the above, you or the Company may initiate an individual action in small claims court.
(n) Emergency Equitable Relief. Despite the preceding statements, either party may request equitable emergency relief from a state or federal court to maintain the status quo while awaiting arbitration. Seeking interim measures will not be interpreted as waiving any other rights or obligations specified in this Arbitration Agreement.
(o) Claims Not Covered by Arbitration. Regardless of the previous statement, claims of defamation, infringement, or misappropriation of the other party’s patent, copyright, trademark, or trade secrets and violation of the Computer Fraud and Abuse Act will not be subject to this Arbitration Agreement.
(p) Courts. If this Arbitration Agreement permits the parties to bring a lawsuit, the parties agree to submit to the personal jurisdiction of the courts located in Alameda County, California, for that purpose.
The Site may be subject to United States export control laws and may also be subject to export or import regulations in other nations. You agree not to violate the United States export laws or regulations by exporting, re-exporting, or transferring any U.S. technical data obtained from Company, or any products utilizing such data, directly or indirectly.
The address of Company is given in Section 10.8. If you are a resident of California, you can make a complaint to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814, or by phone at (800) 952-5210.
5. Electronic Communications
Electronic means are used for the communications between you and Company, whether you use the Site, send us emails, or receive notices from Company on the Site or via email. For contractual purposes, you (a) consent to receive electronic communications from Company; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically will satisfy any legal requirement that such communications would satisfy if they were in writing on paper. This does not affect your non-waivable rights.
6. Entire Terms
Using the Site is governed by these Terms, representing the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms will not be deemed as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The term “including” means “including without limitation.” If any provision of these Terms is held invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions will not be affected, and the invalid or unenforceable provision will be modified to be valid and enforceable to the fullest extent permitted by law. Your relationship with Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms and your rights and obligations under them may not be assigned, subcontracted, delegated, or transferred by you without Company’s prior written consent, and any attempt to do so in violation of these Terms will be null and void. Company may freely assign these Terms. The terms and conditions in these Terms will be binding upon assignees.
7. Intellectual Property Information
Copyright © 2023 Ukiyo Property Management Inc. All rights reserved. All trademarks, symbols, and service marks (“Marks”) shown on the Site are our or other third parties’ property. You are not authorized to use these Marks without our prior written consent or the consent of the relevant third party that owns the Marks.