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TERMS OF USE/LEGAL NOTICE/AGREEMENT

Hoshino USA, Inc. ("Hoshino USA" or "us" or "we" or "our") owns and operates the ibanez.com/usa site ("Site"). The following Terms of Use/Legal Notice/Agreement ("TOU") govern your use of the Site. Other sites or content owned or controlled by Hoshino USA may have their own terms of use and should be reviewed.

By using the Site, including but not limited to, setting up a Site account, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and Hoshino USA and govern your access to and use of the Site together with any services offered on or through the Site. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.

Hoshino USA may also offer promotions, sweepstakes, contests, services, or features that have their own terms, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.

The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.

In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Qustodio, Net Nanny and Kaspersky Safe Kids. Please note that Hoshino USA in no way endorses or is responsible for these services.

Before using this Website(https://wwwibanez.com/usa/, hereinafter “this Website”) managed and operated by Hoshino Gakki Co., Ltd. (hereinafter “Hoshino Gakki”), you must read and agree to the following terms and conditions.

  • Browsers for Viewing This Website

    The content published on this Website is designed to display and function correctly in the following web browsers unless specifically stated otherwise.
    Windows:
    Windows 7
    Google Chrome (latest version), and Firefox (latest version)
    Windows 10
    Internet Explorer 11, Google Chrome (latest version), and Firefox (latest version)
    Macintosh:
    Mac OS X (latest version)
    Safari (latest version) and Google Chrome (latest version)
    Note: When using the aforementioned browsers and operating systems, you should have JavaScript and CSS enabled.
    Compatible smartphone and tablet devices:
    iOS 11 and later: Default installed browser
    Android 5.1 and later: Default installed browser

    Additionally, some content might require specific software plugins.

    The utmost care has been taken to verify how the content created for this Website displays and functions. In the event that you experience any problems, please contact us using the Contact page.

  • U.S. Geographic Limitation

    Hoshino USA operates the Site from its headquarters in the United States, and the Site is intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in, and stored in the United States.

    The Site contains products for sale only for within the United States and these products may not be available in your own country.

  • The ibanez.com/usa Site

    The purpose of the Site is to provide users with information on Ibanez guitars, basses, acoustics amplifiers, effects pedals, and related accessories such as cases, tuners and strings. The Site also provides consumers with information on artists who use Ibanez instruments and electronics, as well as information on Ibanez-affiliated clinics and events.

    The Site is for the use of authorized Hoshino USA retail dealerships only. Hoshino USA does not sell Ibanez guitars, basses, acoustics or accessories factory direct to anyone other than authorized Ibanez dealers. For the availability of Ibanez guitars, basses, acoustics or accessories, please contact your local authorized Ibanez dealer. To locate the nearest authorized Ibanez dealer in your area, please use the Ibanez Dealer Locator on the Site.

    Information contained on the Site is provided for educational and informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Hoshino USA.

    By using the Site, you may need to interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Hoshino USA is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.

    Any and all Site products or services are subject to availability. Please note that Hoshino USA has no direct control over any user generated content which might be supplied by Site users, and therefore Hoshino USA is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any user generated content. While Hoshino USA will try its best to make the content on the Site useful, Hoshino USA does not warrant that any Site content will be useful or reliable or will result in a safe experience.

  • License

    Responsibility for administering and managing the content of websites not belonging to Hoshino Gakki that are linked to from this Website is up to each respective website’s corporate or individual owner. Such content is not under the control of Hoshino Gakki.

    Hoshino Gakki accepts absolutely no responsibility for any damages that may result from the content on linked websites or the use of linked websites by customers. It is the visitor’s own responsibility to use linked websites in accordance with the terms and conditions stipulated by those websites.

    Additionally, such links shall not be taken to imply that any special relationship, such as a partnership or collaboration, necessarily exists between Hoshino Gakki and the companies or individuals that administer and manage the linked websites.

  • TOU Changes

    Hoshino USA reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s). Hoshino USA will highlight any change to these TOU for 30 days after such change(s) is/are made.

    Hoshino USA may, at its discretion, modify these TOU by posting notice of such modification on a page of the Site entitled "Legal Notices" before the modification takes effect.

    Hoshino USA also reserves the right to modify its products, services, pricing, or any portion of this Site at its sole discretion, at any time without notice.

    Hoshino USA does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.

  • User Generated Content

    The Site may allow you to upload or post your own user generated content ( "UGC") in certain areas.

    Any UGC you upload or post on or through the Site is done on a non-proprietary and non-confidential basis, and you agree that Hoshino USA has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Site or any related services offered through the Site. This license includes any right of publicity rights that may be present in the UGC.

    Hoshino USA is not required to treat any UGC as confidential.

    You further agree that you will not upload or post to the Site any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload or post.

    You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Site or you have been granted the right by the respective owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.

    Hoshino USA reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold harmless Hoshino USA from any claims resulting from any action taken by Hoshino USA during or as a result of Hoshino USA's investigation and/or from any actions taken as a consequence of investigations by either Hoshino USA or law enforcement.

    Hoshino USA reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that Hoshino USA determines is inappropriate or disruptive to the Site or to any other user of the Site.

    Hoshino USA is under no duty to, and does not represent that it will, monitor, edit, and/or remove any UGC.

    Hoshino USA does not accept unsolicited content or ideas you may attempt to transmit to Hoshino USA directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Hoshino USA unsolicited content or ideas, you agree that Hoshino USA may use such content and ideas in any way Hoshino USA wishes without any compensation to you.

  • Intellectual and Other Property

    Other than the exceptions referenced in these TOU or noted elsewhere, the major exception being UGC uploaded/posted by Site users which remains the property of the users, all other content and materials on the Site are the property of Hoshino USA including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as "Hoshino USA Content").

    Certain elements of the Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are protected by United States and international copyright and trademark laws. Unauthorized use is not permitted. Any Hoshino USA Content protected by intellectual property laws may not be reprinted, reproduced, copied, republished, posted, uploaded, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without the express written permission of Hoshino USA, except that you may print out one copy of each Site page solely for non-commercial personal or educational use. No right, title, or interest in any Hoshino USA Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of Hoshino USA Content must display the appropriate copyright, trademark, and other proprietary notices.

    You acknowledge that you have no right, title, or interest in or to the Site and/or Hoshino USA Content.

    IBANEZ and HOSHINO are marks of Hoshino USA or Hoshino Gakki Co. Ltd. All other trademarks, service marks, names, and logos used on the Site are the trademarks, service marks, names and logos of their respective owners.

    There may be other content located on the Site not owned by Hoshino USA, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Hoshino USA.

  • Copyright Infringement Notification

    If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Hoshino USA's designated agent for notice of claims of copyright infringement:

    (i). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    (ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
    (iii). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Hoshino USA to locate the material.
    (iv). Information reasonably sufficient to permit Hoshino USA to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    (v). A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    (vi). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Hoshino USA's Designated Agent is:

    Jay Perkins / Hoshino USA
    1726 Winchester Road
    Bensalem, PA 19020
    Phone: 215-638-8670
    Fax: 215-245-8583
    Email: customerservice@hoshinousa.com

    Hoshino USA takes copyright and other intellectual property issues seriously, and will terminate any Site accounts and/or users that are connected to valid and repeat copyright infringement complaints.

    If you believe that any content on the Site violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to customerservice@hoshinousa.com. detailing your allegation. Hoshino USA takes infringement of intellectual property rights seriously and will investigate the matter.

  • Links to Third Party Sites And Other Site Interaction

    The Site contains links to external sites not controlled and/or affiliated with Hoshino USA. If you use these links, you will leave the Site. Hoshino USA provides these links to you only as a convenience. Hoshino USA is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.

    The display of links are not meant to imply that Hoshino USA guarantees, approves, recommends, or endorses the linked sites or any information, content, products and/or services available on those linked sites. The links are not meant to indicate any association with Hoshino USA. Hoshino USA is not responsible or liable for any linked site nor does Hoshino USA warrant that the linked sites or any goods, services, or information on the sites are current, accurate, or error-free. If you access the linked sites, you will be subject to the terms of use, privacy, and other policies applicable to those sites.

    Hoshino USA may also allow interaction between the Site and other third party sites such as Twitter and other social media sites. This may include "Like" buttons or other interactions through third party buttons or plugins on the Site that when used, may allow you to share content from the Site or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing. Hoshino USA has no control over these third party sites and you use these interaction functions at your own risk. Hoshino USA is in no way liable for any harm to you as a result of using one of these interaction functions.

  • Other Prohibited Conduct

    In connection with your access to and/or use of the Site or any Site-related services, you agree not to: - Violate any federal, state or local laws or regulations.
    - Upload or post anything that imposes an unreasonable or disproportionately large strain on Hoshino USA's network or computer infrastructure.
    - Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or Hoshino USA's computers, servers or networks, and/or any computers or systems used by other users of the Site.
    - Upload or post anything that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Hoshino USA or other users.
    - Make unauthorized attempts to modify any information stored on the Site.
    - Make attempts to defeat or circumvent security features, or to utilize the Site for any purpose other than its intended purposes.
    - Discuss, incite, or promote illegal activity.
    - Upload or post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
    - Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
    - Provide false or misleading information when signing up for a Site account or otherwise upload or post any false or misleading information or content through the Site.

    The previous list of prohibitions is not exclusive. Hoshino USA reserves the right to terminate your access to the Site or any Site-related services for any reason.

    By accepting these TOU, you waive and hold harmless Hoshino USA from any claims resulting from any action taken by Hoshino USA during or as a result of Hoshino USA's investigation and/or from any actions taken as a consequence of investigations by either Hoshino USA or law enforcement which is related to your use of the Site.

  • Indemnity

    You agree to indemnify, defend and hold harmless Hoshino USA, including its officers, directors, employees, affiliates, sponsors, agents, licensors, representatives, attorneys, and business partners ("Indemnified Parties"), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Hoshino USA or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any Site-related goods or services, your breach of these TOU, the use of the Site by any person using your user name and password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.

  • Password/Username Protection

    In order to perform certain actions on the Site, you will need to set up an account with a user name and password. You are responsible for maintaining the confidentiality of your password and user name, and agree to notify Hoshino USA if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your Site account. You may only set up one Site account, and must do so in your own name. You agree to immediately notify Hoshino USA at customerservice@hoshinousa.com of any unauthorized use of your Site account or any other breach of security in relation to the Site known to you. If Hoshino USA suspends or terminates your Site account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you. You may cancel your Site account at any time by contacting customerservice@hoshinousa.com.

  • Disclaimer of Warranties / Limitation of Liability

    YOUR USE OF THE SITE IS AT YOUR OWN RISK.

    TO THE EXTENT PERMITTED BY LAW, HOSHINO USA AND/OR ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE.

    TO THE EXTENT PERMITTED BY LAW, HOSHINO USA AND/OR ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.

    TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. HOSHINO USA AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE.

    ALTHOUGH HOSHINO USA ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITE, TO THE EXTENT PERMITTED BY LAW, HOSHINO USA AND/OR ITS AFFILIATES DO NOT WARRANT, AND MAKE NO GUARANTEES WHATSOEVER, AS TO THE CORRECTNESS, ACCURACY OR COMPLETENESS OF THE SITE. TO THE EXTENT PERMITTED BY LAW, HOSHINO USA AND/OR ITS AFFILIATES DO NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS POSSIBLE THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM HOSHINO USA SO THAT IT CAN BE CORRECTED.

    TO THE EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

    TO THE EXTENT PERMITTED BY LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SITE-RELATED SERVICES, AS WELL AS THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE-RELATED SERVICES. TO THE EXTENT PERMITTED BY LAW, HOSHINO USA AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.

    TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOSHINO USA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SPONSORS, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HOSHINO USA AND/OR ANY OF THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE-RELATED GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE, ANY SITE-RELATED SERVICES, AND/OR ANY CONTENT, INFORMATION OR LINKS CONTAINED WITHIN THE SITE.

    TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HOSHINO USA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SPONSORS, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND/OR BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE, TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO HOSHINO USA AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

    TO THE EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THESE TERMS, THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

    IF YOU ARE DISSATISFIED WITH ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

    ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.

  • Comments & Feedback

    In compliance with your rights under California Civil Code § 1789.3, you have the right to contact Hoshino USA with any complaints or to seek additional information. You may email Hoshino USA at customerservice@hoshinousa.com. You may also call 215-245-4226. For any physical documents, you may send mail to Hoshino USA Sales and Service, 1726 Winchester Road, Bensalem, PA 19020.

    If California users have any questions or complaints about Hoshino USA they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.

  • Site Privacy Policy

    Your use of the Site is governed by the Site Privacy Policy located at http://www2.ibanez.com/privacy. The Site Privacy Policy is incorporated by reference into these TOU.

  • Miscellaneous

    You acknowledge that the opinions and recommendations contained on the Site are not necessarily those of Hoshino USA nor endorsed by Hoshino USA. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.

    Hoshino USA is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to Hoshino USA's computer or network systems, including any Hoshino USA hardware or devices, that may or may not result in the disclosure of personal information that you provided to us.

    YOU AGREE THAT any and all matters and disputes relating to these TOU, the access to or use of the Site, and/or any goods or services offered or promoted on or through the Site, are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws provisions.

    You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the Court of Common Pleas of Bucks County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for any disputes or litigation arising out of or relating to these TOU or the use of the Site.

    YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO waive any jurisdictional, venue, or inconvenient forum objections to any such litigation in Commonwealth of Pennsylvania courts.

    In the event that any of the provisions of these TOU are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TOU shall otherwise remain in full force and effect.

    These TOU constitute the entire agreement between the parties with respect to the Site, and any and all written or oral agreements heretofore existing between the parties are expressly canceled.

    If you violate any portion of these TOU, Hoshino USA reserves the right, without an obligation to do so, to deny you access to the Site and/or remove any content you may have uploaded or posted on or through the Site. If Hoshino USA terminates your access to the Site, Hoshino USA may also delete your Site account. Hoshino USA has the right to terminate any password-restricted account for any reason.

    Hoshino USA's failure to enforce any portion of these TOU is not a waiver of such portion.

    The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TOU.

    Hoshino USA reserves the right, without notice or reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. You agree that Hoshino USA is not liable to you or any other third party for this action.

    Hoshino USA does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.

    You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. Hoshino USA may revoke this linking permission at any time and for any reason.

    Certain software elements of the Site and Site-related services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

    If you need to contact Hoshino USA for any reason not already specified in these TOU, please use the following contact information:

    Hoshino USA Sales and Service
    1726 Winchester Road
    Bensalem, PA 19020
    215-245-4226
    customerservice@hoshinousa.com