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Terms Of Service

OVERVIEW

Welcome to senkou! The terms "we," "us," and "our" refer to senkou. senkou operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services").

The following terms and conditions, including any policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or control.

In order to use the Services, including visiting or browsing our storefronts or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account information and for all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS

We strive to provide the most accurate descriptions of our products and services in our online stores. However, please note that the colors and appearance of the product may vary slightly from how they appear on your screen. This is due to the type of device you use to access the store and the settings and configuration of your device.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the image or description in our online store.

All product descriptions are subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. senkou reserves the right to accept or decline your order at its sole discretion for any reason. Your order is only accepted once senkou confirms it. We must receive and process your payment before accepting your order.

Please review your order carefully before submitting it. senkou may not honor a cancellation request after your order has been accepted. In the event we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided during the checkout process.

You can only return or exchange purchases in accordance with our refund policy. You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time you place your order, as stated in the order confirmation email you receive after your order. Unless otherwise stated, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import taxes.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, when they change so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you supply is true, correct and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay all charges you incur according to the prices displayed, including shipping, handling and any applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we deliver the products to the carrier, ownership and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are the property of senkou, its affiliates or licensors, and are protected by patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written permission.

The senkou names, logos, product names, service names, design elements, and slogans are trademarks of senkou or its affiliates or licensors. You may not use such trademarks without senkou's prior written permission.

SECTION 7 - OPTIONAL TOOLS

You may have access to customer tools provided by third parties as part of the Services. We do not monitor and have no control over or input into these tools.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever for any harm arising from or relating to your use of optional third-party tools.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites hosted or controlled by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites to which you choose to access.

We are not liable for any damages or injuries related to your visit to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party website. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read the applicable Privacy Policy.

SECTION 10 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with your submission of any Feedback; and (iii) your Feedback complies with these Terms.

We may, but have no obligation to, monitor, edit or remove any Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, abusive, pornographic, obscene or otherwise unacceptable or violates any party's intellectual property rights or these Terms of Service.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information provided on or in the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information.

SECTION 12 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for any illegal or harmful activity; (b) to violate any international, national, federal, or provincial law, regulation, ordinance, or local ordinance; (c) to infringe upon our or others' intellectual property rights; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or other persons; (e) to transmit false or misleading information.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; and (e) interfere with or circumvent the security features of the Services.

SECTION 13 - TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and all other provisions which by their nature should survive termination.

SECTION 14 - DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is solely at your own risk.

EXCEPT AS EXPRESSLY STATED BY senkou, THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

SECTION 15 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL senkou, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, COSTS OF REPLACEMENT OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless senkou and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs and expenses relating to any loss, damage, liability, or claim, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

SECTION 17 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.

SECTION 18 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service.

SECTION 19 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement, or your rights or obligations under these Terms, without our prior written consent. Any attempt to do so shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements pursuant to which we provide you our Services shall be governed by and construed in accordance with the jurisdiction of the federal, state, or provincial courts located in senkou's principal place of business.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued access to or use of the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be directed to us at support@aeoliancms.com.