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Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services and MountRec's website ("Service"), and any information, text, photos, GPS Log or other materials uploaded, downloaded or appearing on the Service ("Content"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

Basic
You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Service only if you can form a binding contract with MountRec and are not a person barred from receiving services under the laws of Japan or other applicable jurisdiction. You may use the Service only in compliance with these Terms and all applicable laws, rules and regulations.

The Service that MountRec provides are always evolving and the form and nature of the Service that MountRec provides may change from time to time without prior notice to you. In addition, MountRec may stop providing the Service to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by MountRec on the Service are subject to change. In consideration for MountRec granting you access to and use of the Service, you agree that MountRec and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

Privacy
Any information that you provide to MountRec is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to Japan and/or other countries for storage, processing and use by MountRec. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your MountRec account, which you may not be able to opt-out from receiving.

Passwords
You are responsible to gard the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords with your account. MountRec cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Service
All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.

MountRec reserves the right, without any notice to you or other users, to remove, screen, edit, delete, disable access to or refuse any User Content posted on the Web Sites for any reason whatsoever or for no reason.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will MountRec be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

Your Rights
You retain your rights to any Content you submit, post or display on or through the Service.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

MountRec Rights
All right, title, and interest in and to the Service are and will remain the exclusive property of MountRec. The Service are protected by copyright, trademark, and other laws of both Japan and foreign countries. Nothing in the Terms gives you a right to use the MountRec name or any of the MountRec trademarks, logos, domain names, and other distinctive brand features.

Restrictions
We reserve the right at all times to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MountRec, its users and the public.

You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, MountRec's computer systems, or the technical delivery systems of MountRec's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by MountRec, unless you have been specifically allowed to do so in a separate agreement with MountRec. (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

Links
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MountRec of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability
MountRec WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MountRec HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Controlling Law and Jurisdiction
These Terms of Service are governed by the laws of Japan, without regard to any conflict of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to the Site or the Service shall be filed only in the courts located in Tokyo, Japan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.

Entire Agreement
These Terms, the MountRec Rules and our Privacy Policy are the entire and exclusive agreement between MountRec and you regarding the Service, and these Terms supersede and replace any prior agreements between MountRec and you regarding the Service.

We may revise these Terms from time to time, the most current version will always be this page. If the revision, in our sole discretion, is material we will notify you via MountRec website update or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

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Kazumine Matoba
350 Sharon Park Drive,
Menlo Park, CA 94025
email: [email protected]
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