Last Updated: October 17, 2022
DESCRIPTION OF SERVICE
The Terms of Service and Condition of Use set forth the terms between Hawk (“Hawk“, “we“, “us“, “our“) and “Users” or “User” of any services or features of the applications provided by Hawk.
By continuing to use or access the Service, you agree you have read, understood, and agree to be bound by the terms and conditions of these Terms of Service and Condition of Use (“Terms of Service”), which constitute a binding agreement between us. These Terms of Service apply to all visitors, users and others who access the Service. Users represent that you are over the age of 18. Hawk does not permit those under 18 to use the Service. Hawk may revise these Terms and Conditions as needed.
1. Service
We may, without prior notice, change the Service; stop providing the Service (temporarily or permanently) or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
2. OUR PROPRIETY RIGHTS
The Service and all materials therein or transferred thereby, including, all intellectual property rights related thereto, are the exclusive property of Hawk.
3. restricted matters
Users must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Service, including but not limited to:
3.1. Users understand that each User represents and warrants that the User is of the legal age of majority in the jurisdiction in which the User resides.
3.2. Users will not intentionally interfere with or cause damage to the operation of Hawk app or the Service or any User’s enjoyment of them, by any means.
3.3. Users will not attempt to gain unauthorized access to Hawk app or the Service, or any part of it, other accounts, computer systems or networks connected to Hawk app or the Service, any part of it, through hacking, password mining or any other means or interfere with the proper working of Hawk app or the Service, or any activities conducted on Hawk app or the Service.
3.4. Users will not infringe any intellectual property or other proprietary rights of any party.
3.5. Users will not upload, post, email, transmit or otherwise publish any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3.6. Users will not interfere with or disrupt Hawk app, the Service or servers or networks connected to Hawk app, or disobey any requirements, procedures, policies or regulations of networks connected to Hawk app or the Service.
3.7. Users will not violate any applicable local, state, national or international law, or any regulations having the force of law.
3.8. Users will not publish, copy, modify, adapt, translate, create a derivative work of Hawk app or the Service, decompile, dissemble all or a portion of Hawk app or the Service, or reverse engineer, reverse assemble or otherwise attempt to discover any source code, lease, rent, sell, assign, sublicense, or otherwise transfer any right in the software of Hawk app or the Service.
4. no warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOCOMPANYD OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOCOMPANYD AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
5. limitation of liability
5.1. Hawk does not expressly or impliedly guarantee that the Service (including the Program) are free from any de facto or de jure defects (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for particular purposes, security-related faults, errors, bugs, or infringements of rights). Hawk shall not be responsible for providing the Service to Users without such defects.
5.2. Hawk shall not be liable for any damages incurred by Users in relation to the use of the Service, including, but not limited to, any measures taken by Hawk in accordance with Terms of Service.
5.3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL HAWK BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY.
5.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAWK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
5.5. The User must indemnify and keep indemnified Hawk and its officers, employees and agents (“those indemnified”), from and against all actions, proceedings, claims, demands, costs, losses, damages and expenses (including reasonable legal costs and expenses), which may be brought against, Hawk upon, or suffered or incurred by any of those indemnified arising directly or indirectly as a result of or in connection with any infringement or alleged infringement of any intellectual property rights (including Moral Rights) by the User or any of its officers, employees, agents and/or sub-contractors in connection with the provision, supply or use of the Content provided to Hawk.
IN NO EVENT SHALL HAWK BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE APPLICATION, APPLE OR GOOGLE TECHNICAL RELATED ISSUES, SERVER ISSUES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF HAWK. IN NO EVENT WILL HAWK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR MARKETING FEE OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HAWK HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
5.6 HAWK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HAWK MAKES NO WARRANTY THAT ANY OF THE APIs WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE APIs WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; NOR DOES HAWK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APIs OR THAT ANY DEFECTS IN THE APIs WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAWK OR THROUGH THE APIs SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. Financial advice
Hawk exists for providing financial information only and Hawk is not an investment advisory service nor an investment advisor, nor does Hawk provide personalized financial advice or act as a financial advisor. Users should always check with their licensed financial advisor, legal counsel, and/or tax advisor to determine the suitability of any investment or financial plan.
The nature of the materials presented on Hawk are for general informational purposes only. No information on any part of the site is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the site should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or information source. Your use of this site indicates your agreement that you are able to make your own decisions about financial matters and that you bear sole responsibility for your own investment research and decisions and will not hold Hawk liable for any damages relating to your personal finances or investments.
All Users are encouraged to fully investigate any security and consult with their financial professional before making any investment. Examine all advice regardless of its source critically. You understand and agree that Hawk does not offer or provide tax, legal or investment advice to individuals. You understand and agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition and liquidity needs. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN ACTIONS.
No opinions or recommendations contained herein shall be construed as investment advice. You cannot assume that any recommendations, insights, philosophies, or other information will ensure or lead to profitable investment.
HAWK IS HERE SOLELY TO PROVIDE FINANCIAL INFORMATION, AND YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR DECISIONS AND ACTIONS IN RESPONSE TO ANY INFORMATION CONTAINED HEREIN. ALWAYS SEEK COMPETENT LEGAL AND FINANCIAL COUNSEL BEFORE MAKING ANY FINANCIAL DECISION. HAWK IS NOT A REGISTERED FINANCIAL ADVISOR.
7. LINKS to OTher websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Hawk. Hawk has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Users further acknowledge and agree that the Hawk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. Hawk strongly advise Users to read the terms and conditions and privacy policies of any third-party web sites or services that Users visit.
8. Severability
Where any provision of this Terms of Service is invalid or not enforceable in accordance with its terms, other provisions of the Terms of Service which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.
9. DISPUTE RESOLUTION
These Terms and Conditions will be governed by the laws of Japan. Any conflicts between Users and Hawk that arise from or in connection with the Service shall be resolved under the exclusive jurisdiction of the Tokyo Distinct court of first instance.
PLEASE NOTE THAT BY USING THE APP AND/OR THE SERVICES YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR APP AND/OR SERVICES AND EXIT IMMEDIATELY. IF you have any questions about our terms of service, please feel free to email us.
Hawk
develop.emag@gmail.com
