Terms & Conditions
© 1999-2016 Hondata, Inc. All Rights Reserved. The content, documentation,software and other materials on this Site is the property of Hondata andis protected by U.S. and international copyright laws. By using the Site,you agree that you are only authorized to visit, view and to retain a copyof the pages of this Site for your own personal, non-commercial use, andthat you shall not duplicate, download, publish, modify or otherwisedistribute the material on this Site for any purpose other than as setforth herein.
Software, videos, documentation and this website are all copyright and must not be copied and hosted on alternate web servers.
Hondata is a registered trademarks of Hondata.
Microsoft, Windows, Windows 95, Windows 98, Windows ME, Windows 2000, Windows NT, Windows XP and Windows 7 are trademarks of Microsoft Corporation.
All other trademarks are the property of their respective owners.
License to use the Hondata Logo
PURSUANT TO THE TERMS SET FORTH HEREIN, HONDATA, INC. (“Hondata”) ALLOWS YOU TO USE OUR LOGO ON YOUR WEBSITE OR ADVERTISING MATERIAL SUBJECT TO THE FOLLOWING AGREEMENT.
License Grant. We hereby grant to you a nonexclusive, non-assignable, non-sublicenseable, royalty-free license to use, reproduce, distribute and publicly display the Hondata Logo on your website, in the form as displayed on the Hondata website, for the purpose of advertising, marketing or related activities. You may not use the Hondata Logo in any way that tarnishes, blurs or dilutes the quality of our mark or any associated goodwill. The Hondata Logo shall be surrounded by a reasonable amount of empty space, and you may not use the Hondata Logo in conjunction with other logos or marks in a way that would create a combination mark.
Association. You may not use the Hondata Logo in a way that suggests any endorsement or sponsorship of your site by us. The Hondata Logo shall not be larger or more prominent than your company or product name or logo.
Proprietary Rights. You acknowledge our sole and exclusive ownership of the Hondata Logo, and you shall not take any action inconsistent with our ownership of the Hondata Logo, such as adopting, using, registering, or attempting to register any logo or trademark confusingly similar to the Hondata Logo. All use or goodwill associated with the Hondata Logo shall inure to our benefit.
Termination. We may terminate the license by emailing you at any time for any reason or no reason. Your license automatically terminates if you breach any provision of this agreement.
General. Some states do not allow the exclusion of implied warranties or limitation of liability, so the above may not apply to you. This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Both parties submit to jurisdiction in California and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Los Angeles County, California. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. This Agreement contains the entire agreement between you and us with respect to its subject matter, and except as provided, the Agreement may be modified only in a written agreement signed by both parties. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
IMPORTANT: This License Agreement is a legal agreement between You and Hondata. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.
Definitions. "Hondata" means Hondata, Inc. "You"/"Your" means you and/or your company. "Software" means the product provided to You, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation.
Ownership. The Software is owned and copyrighted by Hondata and/or its licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. THE SOFTWARE IS LICENSED, NOT SOLD. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. You agree that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Hondata. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Hondata. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Hondata.
Disclaimer of Warranty. The Software is provided on an "AS IS" basis, without warranty of any kind, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non- infringement. The entire risk as to the quality and performance of the Software is borne by You. Should the Software prove defective, You, not Hondata or its licensors, assume the entire cost of any service and repair. If the Software is intended to link to, extract content from or otherwise integrate with a third party service, Hondata makes no representation or warranty that Your particular use of the Software is or will continue to be authorized by law in Your jurisdiction or that the third party service will continue to be available to You. In no event shall Hondata's or its suppliers' liability to You, whether in contract, tort (including negligence), or otherwise, exceed the price paid by You. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Limitation of liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HONDATA OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR ECONOMIC LOSSES. IN NO EVENT WILL HONDATA OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID TO LICENSE THE SOFTWARE, EVEN IF YOU OR ANY OTHER PARTY SHALL HAVE INFORMED HONDATA OR ITS LICENSORS OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM. NO CLAIM, REGARDLESS OF FORM, MAY BE MADE OR ACTION BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE BASIS FOR THE CLAIM BECOMES KNOWN TO THE PARTY ASSERTING IT. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL HONDATA OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF HONDATA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Grant of License. Hondata grants You a non-exclusive and non-transferable license to use the Software in object code form on a single central processing unit owned or leased by You. You may make one (1) archival copy of the Software provided You affix to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
Restricted use. You agree to use reasonable efforts to prevent unauthorized copying of the Software. You may not disable any licensing or control features of the Software or allow the Software to be used with such features disabled. You may not share, rent, or lease Your right to use the Software. You may not modify, sublicense, copy, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement. You may not reverse engineer, decompile, translate, create derivative works, decipher, decrypt, disassemble, or otherwise convert the Software to a more human-readable form for any reason. You will return or destroy all copies of the Software and generated content (if applicable) if and when Your right to use it ends. You may not use the Software for any purpose that is unlawful.
Reverse Engineering. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, YOU SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Applicable Software. The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Hondata does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
Termination. This License is effective until terminated. You may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Hondata if You fails to comply with any provision of this License. Upon termination, You must destroy all copies of Software.
Export Regulation. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
Applicable Law. This License shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.
Governing Language. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
Entire Agreement. This license constitutes the entire agreement between the parties relating to the Software and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this license. Any conflict between the terms of this License Agreement and any Purchase Order, invoice, or representation shall be resolved in favor of the terms of this License Agreement. In the event that any clause or portion of any such clause is declared invalid for any reason, such finding shall not affect the enforceability of the remaining portions of this License and the unenforceable clause shall be severed from this license. Any amendment to this agreement must be in writing and signed by both parties.
Additional Software. This license applies to updates, upgrades, plug-ins and any other additions to the original Software provided by Hondata, unless Hondata provides other terms along with the additional software.
By using and placing an order for products on the Hondata, Inc. website "hondata.com" (the “Site” or “website”), you are agreeing to be bound to the terms and conditions as set forth below (the “Terms and Conditions”). These Terms and Conditions govern your use of the Site and the products we offer for sale on the Site, whether the orders are placed through the website, by telephone or otherwise.
Before you may place orders to purchase with Hondata.com, you must read and accept all of the terms in the User Agreement. We strongly encourage you to print a copy for future reference.
BY USING THE SITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE SITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU.
YOU AGREE THAT IF YOU CONTINUE TO USE THE SITE AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.
This User Agreement is effective on January 1, 2015, for all users of the Site.
Please direct any legal question to:
Attn: Legal Department
2840 Columbia St
Torrance, California, 90503
Purchase & Order Policies and Procedures
You may make purchases and order from Hondata.com only in accordance with these Terms and Conditions and accompanying policies and procedures.
You acknowledge that by placing an order to purchase with Hondata.com, you have entered into a legally binding enforceable agreement. Prices and availability are subject to change, without notice.
When placing an order on the Site, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Your credit card information is required to guarantee all paper check and bank wire orders. For orders placed and for which payment will be made by bank wire, your payment must be received within one (1) business day in order to reserve your guaranteed price. For orders placed and for which payment will be made by check, all check orders must be postmarked for delivery within one (1) business day and payment received, in its entirety, within ten (10) calendar days of the original order.
A received payment is denoted by the receipt of funds in our bank account (wire transfer payment), or by the deposit of payment (check). Subject to our sole discretion, orders may be denied if payment is received after the aforementioned time frame. If we do choose to accept late payment, a $35 late payment fee will be assessed, in addition to any Market Losses between the order date and time of late-payment.
If any order is in error, due to Hondata’s fault or otherwise, we reserve the right to cancel the order. Without limiting any other legal or equitable rights and remedies that may be available to Hondata.com, in the event of any failure by you to comply with these Terms and Conditions, Hondata.com may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in these Terms and Conditions.
Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Site.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our sole discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order, if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
Payment to Hondata.com must be completed using a credit/debit card. Depending upon the amount of an order, Hondata.com reserves the right to request additional documentation or information to process certain credit card orders. By choosing to pay with a credit or debit card, you expressly authorize Hondata.com to authorize and capture your credit card payment prior to shipment.
Hondata.com expressly reserves the right to refuse or cancel any order, for any reason, in its sole discretion, regardless of payment method and price confirmation.
Once you have placed an order with Hondata you have entered into a binding legal agreement, and cannot cancel the confirmed order without incurring a $35.00 administrative fee and being charged for the corresponding Market Losses.
After Hondata has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us and you will be charged a $35.00 administrative fee, a standard 10% restocking fee and you will be required to pay for shipping, customs and duty costs.
Hondata reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders we deem questionable or suspicious, for orders Hondata deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Hondata does not receive payment within the allotted time frame.
We are not responsible for pricing or typographical errors and expressly reserve the right, in our sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a cancelled order Hondata will contact you directly with notification of the cancellation.
Our refund, return and exchange policy is limited to three (3) business days from the date that you receive the item. You must notify our Customer Service Department via telephone at 310-782-8278 within three (3) business days from the date that you receive the item and follow the instructions provided to you, at that time. Shipping and handling charges are non-refundable. You are fully responsible for all taxes, as well as return shipping and handling costs. Hondata may reject any returned or exchanged item that does not reasonably conform to these terms. In the case of a request for an exchange, Hondata expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Please note, that a 10% restocking fee applies to any returned or exchanged items that were purchased via credit/debit card. Any and all market gains on refunds, returns, and exchanges shall belong solely to Hondata.
Although we endeavor to ship all orders within three (3) business days, shipments may take up to thirty (30) days from completed payment, depending upon the manner of delivery. Note that this thirty (30) day period is IN ADDITION to all payment clearing times and any product-specific delays. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Packages may or may not require a signature upon delivery.
Hondata fully insures all of its shipments. Should anything happen while your package is in transit to you it will be covered by our insurance policy. However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to leave your package with a third party.
When we ship to you, if products are lost or damaged in transit, Hondata assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion.
Please note that Hondata will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address as per carrier tracking and/or confirmation. Any issues or problems with a shipment MUST be reported within three (3) business days, else Hondata may have to refute any claims.
Each product that Hondata sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.
Either you or Hondata may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions shall not affect the rights and the obligations of Hondata or you with respect to the period prior to the date of termination.
Disclaimer of Warranties
HONDATA PROVIDES THE SITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS USE, OR ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. HONDATA MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT
Disclaimer of Forward Looking Statements
THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF OUR CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HONDATA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
HONDATA SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE HONDATA ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE HONDATA ONLINE ORDER ENTRY SYSTEM, THE SITE, AND/OR RELATED PRODUCTS/SERVICES. HONDATA SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, HONDATA SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND OUR REASONABLE CONTROL. HONDATA SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE HONDATA ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnity and Release
You agree to defend, indemnify and hold Hondata and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Site or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of these Terms and Conditions, (e) your violation of any rights of another, (f) your breach of any representation or warranty me by you to Hondata, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Hondata may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without our consent.
You are hereby agreeing to release the Hondata and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
The sole relationship between you and Hondata is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
Upon your failure to comply with your duties and obligations to Hondata, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Hondata in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by Hondata of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy. In the event that you fail to comply with these Terms and Conditions, you expressly authorize and grant to Hondata the right to charge your credit card for any and all Market Losses incurred by Hondata, including, without limitation, administrative fees for accepting your orders to either buy from or sell to Hondata as a result of price and market fluctuations for which you did not fulfill.
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of Hondata. Such consent may be granted or withheld by Hondata at its sole and absolute discretion. These Terms and Conditions shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and Hondata.
You acknowledge and understand that if Hondata and/or the Site are unable to provide the products and/or services as a result of a force majeure event, Hondata and/or the Site will not be in breach of any of its obligations towards you under these Terms and Conditions. A force majeure event means any event beyond the control of Hondata and/or the Site. HONDATA SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Website Use and Restrictions
Except as expressly provided below, the purchase and/or sale of related products/services may only be consummated by, and is expressly limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from utilizing the Site and/or related services.
You must comply with all of the terms set forth in these Terms and Conditions, the policies referred to herein, and all applicable laws, rules and regulations when you use the Site.
Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use the content and materials on the Site in the normal course of your use of the Site. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Site will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, except as expressly set forth in these Terms and Conditions. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of the Site and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Site or any websites linked to the Site; (iii) interfere with or damage the Site or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Site or create or use a false identity; (v) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Site or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Hondata name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Site; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Site or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
To the extent permitted by applicable law, you hereby expressly waive your right to a trial by jury in any proceeding or litigation brought against Hondata, its parent, successors or assigns with respect to these Terms and Conditions and/or the Site. All disputes arising out of or relating to these Terms & Conditions (including formation, performance or alleged breach) or your use of the Site will be exclusively resolved under confidential binding arbitration held in Torrance, California in accordance with the Rules of the American Arbitration Association. You hereby consent to personal jurisdiction for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Hondata will have the right to seek injunctive or other equitable relief in state or federal court located in Torrance, California to enforce these Terms & Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, you hereby irrevocably submit to the personal jurisdiction of such court and waive all objections to the jurisdiction.
These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of California, without regard to conflict of laws principles. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS AND CONDITIONS MUST BE ASSERTED INDIVIDUALLY. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. In the event that Hondata takes any action against you, arising out of and/or to enforce your obligations under these Terms and Conditions, you expressly agree to pay all of the associated costs and the expenses incurred by Hondata, including, without limitation, reasonable attorneys’ fees, in connection with such action. You expressly agree to execute and deliver any/all documents and take such other actions as may be reasonably requested by Hondata to carry out these Terms and Conditions.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
This Agreement constitutes the entire agreement between you and Hondata and governs your use of the Site, superseding any prior agreements.
Statute of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.