Scope and Acceptance of Terms
Welcome to Explore Hakone. Explore Hakone website (our “Website”) is a service offered by Yamaboushi ©., Ltd. Please read these Terms of Use carefully before obtaining any content, products or services through our Website. By accessing, using or obtaining any content, products or services through our Website, you agree to be bound by these terms and the terms of our privacy policy, which can be found here. You also agree to use our Website in compliance with all applicable laws, rules and regulations. We have the right to update these terms at any time without notice to you by posting an updated Terms of Use on our Website.
Additional Terms
Additional terms, including our Terms and Conditions for travel bookings, may apply when you book products or services with us. Independent suppliers that we use, such as airlines, hotels and transportation companies have their own policies and agreements.
Minors
Our website is not directed to children under 13 (“Minors”), and we do not offer products or services for use by children without their guardians. Minors are specifically prohibited from booking, purchasing and using any products or services available on our Website and from participating in any contests or other sweepstakes.
Intellectual Property
All information, text, logos, images, graphics, software and other content that make up our Website are the property of Explore Hakone or its licensors and are protected by copyright, trademark, patent, trade secrets, unfair competition, and other Japanese and international laws, through the application of local laws or other treaties. Any unauthorized use, reproduction or modification of this Website may violate such laws.
Use of Our Website
Unless we grant you permission in advance and in writing, you may use our Website only for your personal and non-commercial use, and you may not use the Website to provide services to a third party. You may download, display or print one (1) copy of any portion of our Website for your informational, personal and non-commercial use, provided that you retain all intellectual property (whether ours or one of our provider’s), including copyright and trademark, and other proprietary notices. Our copyright notice must be reproduced as follows: © 2015-2020 Explore Hakone – All Rights Reserved. Modification of the content on our Website or use for any other purpose is a violation of our intellectual property and other proprietary rights. Unauthorized use of our trademarks, service marks or logos may be a violation of domestic and international intellectual property and other laws. Journalists and search engines may cite or refer to our Website URL’s without limitation.
Jurisdiction
We make no representation that the information on our Website is suitable or available for use in all locations. Access to our website from a territory where the content of our Website does not comply with the all laws of that territory is prohibited. Persons who choose to access our Website do so on their own initiative and are responsible for compliance with applicable local laws.
Links to Our Website
We welcome third party links to our Website. Unless we agree in writing with you otherwise, you agree to comply with our linking policy as follows: (a) any link to our Website must be in plain text and clearly marked “Explore Hakone Website,” (b) the link’s attributes may not present Explore Hakone in a false or negative light, or provide misleading or false information about our company, its Website or services, (c) the link’s attributes may not create the false appearance that your organization or entity is sponsored or endorsed by, affiliated with, or associated with Explore Hakone, (d) the content of our Website may not be replicated, framed or mirrored, (e) the copyright or other notices on this site may not be removed or obscured, (f) none of our trademarks may be used, and (g) we reserve the right to require you to remove the links to our Website at any time and in our sole discretion.
Links to Third Party Websites
For your convenience, our website contains links to third-party websites, including public forums (e.g., chat rooms, forums, message boards and/or news groups), that are not owned by or affiliated with us. These links do not constitute an endorsement of the linked websites or the products and/or services offered on those websites. We have no control over and are not responsible for the privacy practices or the content of such sites. These websites may or may not have a privacy policy. We encourage our users to contact those sites directly about their policies and privacy practices.
Disclaimer
All content on our website is provided on an “AS IS” and “AS AVAILABLE” basis, and Explore Hakone disclaims all warranties, express or implied (unless such warranties are incapable of exclusion under applicable law), including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any of the content made available through our Website is accurate, complete, current, or reliable. You are responsible for verifying any information before relying on it. Although we make reasonable attempts to exclude viruses from our Website, we do not warrant that the information or material accessible through our Website is free of viruses, Trojan horses or other harmful contents or components.
Limitation of Liability
Your use of this Website and its content is at your sole risk, subject to applicable law. Services and products made available on our Website are subject to conditions imposed by our independent suppliers, including but not limited to tariffs, conditions or carriage, international conventions and arrangements, and federal government regulations. Any independent suppliers who furnish products or services through our Website are independent contractors, and not agents or employees of Explore Hakone. You agree to assume any and all liability for use of the information and other material on our Website. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXPLORE HAKONE AND/OR ITS INDEPENDENT SUPPLIERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS OR USE OF OUR WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF EXPLORE HAKONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES.
Indemnification
You agreed to defend, hold harmless and indemnify Explore Hakone and any independent supplier, and either of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including reasonable legal and accounting fees, in any action filed or commenced by a third party against Explore Hakone arising out of or related to (1) your breach of these Terms of Use or the documents made part of these Terms by reference, (2) your violation of any law or rights of a third party, including intellectual property rights, or (3) your use of our Website.
Violations
Explore Hakone reserves the right to seek all remedies available at law and in equity for violation of this agreement, including the right to block access from a particular Internet address to our Website.
Binding Arbitration
You agree that any dispute concerning, relating, or referring to our Website shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Hakone, Kanagawa Prefecture, JAPAN, in accordance with the rules of the Japanese Arbitration Association. Such proceedings will be governed by substantive (but not procedural) The Prefecture of Kanagawa and the Japanese law. The arbitrator and not any national, prefectural or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
Severability
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
