8. Limitation of Liability and Disclaimers
Any and all content appearing on the YAMAZEN Website is provided for informational purposes only. The YAMAZEN Website, its content and its links are provided on an “As Is”, “As Available” basis and are used only at your sole risk, to the fullest extent permissible by law. YAMAZEN, its parent, and affiliated companies disclaim all warranties, express or implied, of any kind, regarding the YAMAZEN Website (including its content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. YAMAZEN, its parent, and its affiliated companies will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with use of the Internet, the YAMAZEN Website, its content or its links.
9. Indemnification
You will defend, indemnify and hold harmless YAMAZEN, its parent, and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of the YAMAZEN Website, online conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of the YAMAZEN Website.
10. Termination/Access Restriction
YAMAZEN reserves the right, in its sole discretion, to terminate your access to the YAMAZEN Website and the related services or any portion thereof at any time, without notice. Use of the YAMAZEN Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and YAMAZEN as a result of these terms of use or use of the YAMAZEN Website. YAMAZEN performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of YAMAZEN right to comply with governmental, court and law enforcement requests or requirements relating to your use of the YAMAZEN Website or information provided to or gathered by YAMAZEN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and YAMAZEN with respect to the YAMAZEN Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and YAMAZEN with respect to the YAMAZEN Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
11 Applicable Law and Forum
The YAMAZEN Website, these Terms of Use, and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. The state and federal courts located in Chicago, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising in connection with the YAMAZEN Website or these Terms of Use. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Chicago, Illinois.
Miscellaneous Provisions
You represent and warrant that you are authorized to enter into these Terms of Use on behalf of any entity which you represent. These Terms of Use constitute the entire agreement between the parties with respect to this subject matter and supersede any prior agreement or communication. These Terms of Use may only be modified by YAMAZEN, at its sole discretion. Your obligations pursuant to these Terms of Use shall survive termination of the YAMAZEN Website, any use by you of the YAMAZEN Website and of its content or these Terms of Use.