Terms and Conditions
Introduction:
This website is maintained by Kihon Media for your personal information, entertainment and viewing pleasure. You are subject to the following terms, conditions, and notices (Terms) as well as all applicable laws. By accessing this website, you accept the Terms without limitation or qualifications. These Terms may be revised and/or updated at any time. You are bound by such revisions and should therefore visit this area to review the current Terms. Kihon Media reserves the right, without notice and for any reason, to remove any content on this website, and to deny access of any user or users to all or any part of this website.
Downloading:
You may download any material displayed on the Sensible Driver website for personal, non-commercial purposes only. You may not distribute, modify, transmit, use, or reuse any content for any public or commercial purposes without the written consent of Kihon Media. All information and images is licensed to you by Kihon Media for your personal, non-commercial use. Kihon Media owns this website and its contents. By using this site, you agree not to create any kind of hyperlink to or from any other website to or from this website unless you first obtain Kihon Media's written permission.
Copyrights, Other Rights:
You should assume everything on the Sensible Driver website is copyrighted unless otherwise noted and may not be used except as provided in the Terms or with the express written consent of Kihon Media or any third party Kihon Media deems necessary. Kihon Media neither warrants nor represents that your use of the material displayed on the Sensible Driver website will not infringe rights of third parties. Images of people or places displayed on the Sensible Driver website are either the property of, or used with permission by, Kihon Media. Use of these images by you or other third parties is prohibited unless expressly permitted in the Terms or elsewhere on the Sensible Driver website. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Trademarks:
The trademarks, logos, and service marks (the "Trademarks") displayed on the Sensible Driver website are the property of Kihon Media. Nothing contained on the Sensible Driver website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sensible Driver website without the written permission of Kihon Media or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Sensible Driver website is prohibited. Kihon Media reserves the right to enforce its intellectual property rights through civil and criminal proceedings
Submissions:
Apart from your personal information, any and all communications or materials you send to the Sensible Driver website, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and non-proprietary. Anything you send to the Sensible Driver website may be used by Kihon Media for any purpose including but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to sensibledriver.com, you irrevocably transfer and assign to Kihon Media, and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. Sensible Driver website is free to use, without obligation of any kind. By using this site, you may submit, or Kihon Media may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, Kihon Media is free to use such information for any purpose it deems appropriate.
No Warranties:
There is no warranty that any information or service provided or referenced by this site is either merchantable or accurate, that such information or service will fulfill any of your particular purposes or needs, or that such information or service does not infringe on any third party rights. Except for any express warranties stated on this site, if any, the information and services provided or referenced on this site are provided "as is" and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user.
While Kihon Media uses reasonable efforts to include accurate and up-to-date information on the Sensible Driver website, Kihon Media makes no warranties or representations as to its accuracy. Kihon Media may periodically add, change, or improve any of the information, products, services, programs, and technology described on the Sensible Driver website without notice. Kihon Media assumes no liability or responsibility for any errors or omissions in the content of the Sensible Driver website.
Your use of the Sensible Driver website is at your own risk. Neither Kihon Media nor any other party involved in creating, producing, or delivering the Sensible Driver website is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the Sensible Driver website.
No Liability:
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. KIHON MEDIA MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SENSIBLE DRIVER WEBSITE AT ANY TIME. KIHON MEDIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE.
IN NO EVENT SHALL KIHON MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SENSIBLE DRIVER WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE SENSIBLE DRIVER WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SENSIBLE DRIVER WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF KIHON MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Miscellaneous:
The Terms will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions. Each party to the Sensible Driver website hereby submits to the exclusive jurisdiction and venue of the courts within the City and County of Sacramento, State of California, U.S.A. and waives any jurisdictional venue or inconvenient forum objections to such courts. Use of the Sensible Driver website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Any failure by Kihon Media to enforce any of its rights under the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you, Kihon Media, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms provisions shall retain their full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kihon Media as a result of this agreement or use of the Sensible Driver website. Kihon Media's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kihon Media's right to comply with law enforcement requests or requirements relating to your use of the Sensible Driver website or information provided to or gathered by Kihon Media 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. This agreement constitutes the entire agreement between the user and Kihon Media with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kihon Media with respect to this 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. Any rights not expressly granted herein are reserved.