Terms and Conditions of Use
WELCOME TO THE EKAIZENUS.COM WEBSITE (THE “SITE”), OWNED AND OPERATED BY EKAIZEN LLC, A VIRGINIA LIMITED LIABILITY COMPANY. THESE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF THIS SITE. THIS WEBSITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE.
1. Use of the Site
EKaizen LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for informational purposes only, subject to these Terms. You may not use the Site for any illegal, unauthorized, or prohibited purposes, or engage in any conduct that could harm EKaizen LLC or its affiliates.
2. Intellectual Property
All materials on the Site, including but not limited to text, graphics, logos, images, designs, software, and other intellectual property (collectively, “Content”), are the property of EKaizen LLC or its licensors and are protected by intellectual property laws. Unauthorized use, reproduction, distribution, or creation of derivative works from the Content is strictly prohibited.
See Copyright Claim Provision in Addendum One hereto.
3. Trademarks and Service Marks
All trademarks, service marks, logos, and trade names displayed on the Site are the exclusive property of EKaizen LLC or its licensors. You are prohibited from using any of these marks without the prior written consent of EKaizen LLC. Unauthorized use may violate trademark laws and result in legal consequences.
4. Open Source and Third-Party Software
Some software components used on this Site may be licensed under open-source licenses. Your use of such components is subject to the terms and conditions of the applicable open-source licenses. EKaizen LLC disclaims any responsibility for issues that arise from the use of open-source or third-party software.
5. Intellectual Property Infringement; Unlawful Content; Monitor Site
EKaizen LLC respects the intellectual property rights of others and expects users to do the same. If you believe any Content on the Site infringes your intellectual property rights or violates the law, please contact us with details of the infringement. EKaizen LLC reserves the right to remove any unlawful or infringing material and to do so unilaterally and without prior notice.
As a condition of your use of this Site, you warrant to EKaizen LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by EKaizen LLC.
EKaizen LLC is under no obligation to monitor the material residing on or transmitted to this website (or any server used in connection with this website). However, anyone using this Site agrees that EKaizen LLC may monitor the Site (and any server used in connection with this Site) to (1) comply with any necessary laws, regulations, or other governmental requests; and (2) to operate the server properly or to protect EKaizen LLC and its Site users. EKaizen LLC reserves the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions.
Posts or user accounts may not: (1) contain names that are associated with EKaizen LLC or its affiliates or employees; (2) contain swear words or derogatory remarks in any language; (3) infringe on the rights of or defame any living or dead person or entity; (4) contain names of celebrities or media personalities; (5) violate third party’s trademarks, publicity rights or other proprietary rights; (6) be associated with any religion, religious practice or deity; (7) be related to alcohol, illegal substances, sex or any criminal activity; (8) be a partial or complete sentence; or (9) utilize a misspelling or other tool or method to circumvent the naming restrictions herein.
6. Liability and Warranties
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
E-Kaizen LLC AND ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES.
7. Disclaimer and Assumption of Risk
To the fullest extent permitted by law, Ekaizen LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Ekaizen LLC does not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or harmful components. By using the Site, you assume all risks associated with its use.
8. Limitation of Liability
In no event shall Ekaizen LLC, its affiliates, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, loss of data, or business interruption, arising from your use of the Site or its Content, even if Ekaizen LLC has been advised of the possibility of such damages. Ekaizen LLC’s total liability shall not exceed the amount you paid, if any, to access the Site.
9. Indemnification
You agree to indemnify, defend, and hold harmless Ekaizen LLC, its affiliates, officers, employees, and agents from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your violation of these Terms or your use of the Site.
10. Third-Party Links
EKaizen LLC makes no representations whatsoever about any other website that you may access though this Site. When you access a non-EKaizen LLC website, please understand that it is independent from EKaizen LLC and that EKaizen LLC has no control over the content on that website. In addition, a hyperlink to a non-EKaizen LLC website does not mean that EKaizen LLC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. Use of third-party websites is at your own risk.
11. Privacy
Ekaizen LLC’s collection and use of your personal information is governed by the Privacy Policy available on this Site. By using the Site, you agree to the terms of the Privacy Policy.
EKaizen LLC does not knowingly collect personal information about children under the age of 13. IF EKaizen LLC determines that it has inadvertently collected information about a child under the age of 13 years, EKaizen LLC will promptly delete all the personal information from our records. Federal laws protect personal information and privacy of children and EKaizen LLC abides by all such laws.
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12. Our Remedies
In the event of a violation of these Terms, Ekaizen LLC reserves the right to pursue any legal or equitable remedy available. Ekaizen LLC may terminate or suspend your access to the Site without notice if you violate these Terms or engage in unauthorized or illegal activity.
13. Entire Agreement; Amendments
These Terms constitute the entire agreement between EKaizen LLC and you pertaining to the subject matter of this Agreement. In its sole discretion, EKaizen LLC may modify these Terms by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.
Ekaizen LLC reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the amended Terms.
14. Enforceability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severable from these Terms, and the remaining provisions shall remain in full force and effect.
15. No Implied Waiver
The failure of Ekaizen LLC to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any right or provision will only be effective if it is in writing and signed by an authorized representative of Ekaizen LLC.
16. Limitation Period
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.
17. Governing Law and Jurisdiction
These Terms are entered into in the Commonwealth of Virginia and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, exclusive of its choice of law rules. Each user of this Site agrees to submit to the exclusive jurisdiction of the U.S. District Court for the Eastern District of Virginia, Richmond Division, and the state courts of Henrico County, Virginia and waives any jurisdictional, venue, or inconvenient forum objections to those courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and reasonable attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
18. International Use
EKaizen LLC makes no representation that the Content on this Site is appropriate or available for use in locations outside of the United States. If you access the Site from outside the U.S., you are responsible for complying with all local laws and regulations.
19. Confidential and Proprietary Information
EKaizen LLC does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to EKaizen LLC through the Site will be deemed NOT to be confidential. By sending EKaizen LLC any information or material, you grant EKaizen LLC an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that EKaizen LLC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
20. Contact Information
If you have any questions or concerns about these Terms or the use of the Site, please contact us at:
EKaizen LLC
Address: [3901 Dominion Town Cir, Richmond, VA 23223]
Email: [email protected]
Addendum One: Copyright Claim
Notice and Procedure for Making Claims of Copyright Infringement:
To file a notice of infringement with us, please provide the following information to our designated copyright agent listed below:
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- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of the material that you claim infringes the copyrighted work listed in item #1.
- An address, telephone number, and an email address where the alleged infringing party can contact you.
- The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your electronic or physical signature.
To file a counter notification with us, please provide the following information to our designated copyright agent below:
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- A description of the material that we have removed or to which we have disabled access.
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the U.S. District Court of Virginia, Richmond Division, and state courts for Henrico County, Virginia if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your electronic or physical signature.
We have registered a designated agent with the United States Copyright Office pursuant to 17 U.S.C. 512(c).
Please send notifications of infringement and counter notifications to our designated copyright agent at: 3901 Dominion Town Cir, Richmond, VA 23223