BIZIT M&A Referral Program - Terms of Use

These Terms of Service provide for the conditions for participating in referral program related to the BIZIT M&A (the “BIZIT M&A” or the “System”) (the “BIZIT M&A Referral Program” or the “Program”), provided by BIZIT Inc. (“Our Company”). Each and every participant of the Program (a “Program Participant”) shall, prior to participating in the Program, read carefully these Terms of Service and the privacy policy as separately provided for by Our Company (the “Privacy Policy”), and if a Program Participant participates in the Program, such Program Participant shall be deemed to have accepted all the contents of these Terms of Service. If a Program Participant does not accept these Terms of Service, such Program Participant may not participate in the Program and shall immediately discontinue its participation in the Program and using the System. In addition, these Terms of Service shall apply not only to the Program Participants but also to the Program Participating Applicants (as defined in Article 5 of these Terms of Service) and a Program Participating Applicant shall be deemed to have accepted all the contents of these Terms of Service upon applying for Program Participant registration.

Article 1. (Scope of Terms of Service)

1. These Terms of Service apply to the browsing of Our Company’s website related to the Program and the System (the “Company Website”) and Our Company’s information provision to the Program Participants related to the Program and the System through an e-mail or other means as well as the participation in the Program and the use of the System in general.
2. If there is an individual agreement (the “Individual Agreement”) between Our Company and each Program Participant other than these Terms of Service, the provisions of such Individual Agreement shall prevail over these Terms of Service.

Article 2. (Contents of the System)

1. The BIZIT M&A Referral Program is a program under which Our Company pays referral fees when a Program Participant introduces a BIZIT M&A member applicant to Our Company using a URL for referral posted in the Company Website which the Program Participant accesses through the Internet with electronic devices such as personal computers, smartphones or mobile terminal devices, and the conditions as separately provided for by Our Company are met. In order to participate in the Program, you shall be registered as a participant of the Program pursuant to Article 5 of these Terms of Service.
2. When introducing a BIZIT M&A member applicant using the URL for referral, you shall use the URL for referral as posted exactly in the Company Website. If the URL is edited or modified, it shall not be deemed as a referral.
3. The payment conditions for the referral fees shall be decided at Our Company’s discretion and be notified to Program Participants on the Company Website.
4. If a Program Participant commits, or is suspected of committing, a fraud, or if Our Company decides that investigation is necessary, Our Company may suspend the payment of referral fees to the Program Participant until necessary investigation has been completed. In such case, Our Company shall not bear to the Program Participant or any other third parties any liability including without limitation any liability for damages.
5. Our Company makes the final decision on whether it pays referral fees on actions by Program Participants or not, the amount of the payment or any other payment of referral fees, and Program Participants shall agree to be bound by such final decision.

Article 3. (Rank Etc.)

Our Company may rank Program Participants according to the criteria determined at Our Company’s discretion in order to give to Program Participants benefit corresponding to their respective referral results, and each Program Participant shall agree on this. Our Company shall not be obliged to disclose the criteria of the rank.

Article 4. (Payment of Referral Fees)

1. Our Company shall pay the amount of referral fees accrued by the end of each month according to the notified conditions pursuant to Paragraph 3 of Article 2 of these Terms of Service, after deducting bank charges and withholding taxes, etc. (if any), to the account designated by the Program Participant by the end of the following month, in such currency as selected by the Program Participant at the time of registration of its account information; provided that Our Company may carry over the payment of the referral fees if the amount of the referral fees is less than 1,000 USD (when USD is selected) or 100,000 JPY (when JPY is selected), and the same shall apply thereafter. In addition, if the Program Participant does not register its account information or the registered information is imperfect, the payment of the referral fees shall be suspended until the account information or the Program Participant information is properly registered. The account a Program Participant may designate shall be in the name of the Program Participant (if the Program Participant is a sole proprietor, the name of account may include his or her trade name.) and Our Company may suspend the payment of the referral fees until the information of the account in such name is properly registered.
2. If Our Company may not process payment due to the imperfect account information registered by a Program Participant, the Program Participant shall bear charges for returning money or any other charges imposed by financial institutions.
3. If Our Company cancels the Program Participant registration of a Program Participant pursuant to Article 10 of these Terms of Service, or if a Program Participant withdraws from the Program pursuant to Article 11 of these Terms of Service, the Program Participant shall lose its claims for unpaid referral fees.
4. Program Participants shall not assign or create a pledge on their right for referral fees to a third party.
5. If the Program is terminated pursuant to Article 14 of these Terms of Service, Program Participants lose their claims for unpaid referral fees regardless the cause of termination.
6. If Our Company receives the funds in a currency other than the currency selected by the Program Participant, Our Company pays referral fees by calculating the referral fee amount in the original currency, converting such amount into the currency selected by the Program Participant at the TTS rate of a major Japanese bank on the day of the payment, and deducting from such amount the bank charges and withholding taxes, etc. (if any).

Article 5. (Program Participant Registration)

1. Any person who desires to participate in the Program (a “Program Participating Applicant”, who shall become a Program Participant upon completing Program Participant registration under this Article) is required to apply for Program Participant registration by entering necessary information, through a method prescribed by Our Company, on the Company Website for the Program.
2. Persons eligible to become a Program Participant are: a juridical person, a partnership, an administrative agency or other entity (a “Legal Entity”) or a sole proprietor who has networks to introduce the BIZIT M&A to a person who is suitable for a BIZIT M&A member.
3. In applying for Program Participant registration, a Program Participating Applicant shall confirm and agree to each of the following items:
   1. The Program Participant shall at its own cost and responsibility construct a communication environment under which it may use the Program and the System;
   2. Our Company shall have no responsibility for the use of the Program and the System and the result of the use, and the Program Participant shall at its own responsibility and cost settle any disputes among other Program Participants, the BIZIT M&A members or any other third party;
   3. The Program Participant shall be fully responsible for the truthfulness, accuracy and timeliness of its own registered information;
   4. If the Program Participant is a Legal Entity, and the individual who is registered as Program user (the “User”) for the Program Participant has committed any of prohibited acts set forth in Article 9 of these Terms of Service or Our Company has a reasonable ground to believe so, Our Company may without any prior notice suspend the use of the Program by such User and therefor the Program Participant may not be able to use the Program until and unless the Program Participant takes appropriate action satisfactory to Our Company, such as appointing a new individual as User;
   5. Our Company shall not guarantee that e-mails to be sent to the Program Participants by Our Company do not contain a computer virus or any other harmful item;
   6. To improve the quality of the customer support’s responses, Our Company may record, voice-record and keep the contents of the inquiries made to Our Company, etc.;
   7. The Program Participant shall confirm and consent to these Terms of Service and the Privacy Policy;
   8. Any and all documents submitted to Our Company shall be true originals or true and accurate copies thereof, and any and all information to be submitted to Our Company shall be true and accurate;
   9. The Program Participant or Program Participating Applicant, as the case may be, shall not conduct the prohibited acts as provided in Article 9 of these Terms of Service;
   10. If the Program Participating Applicant is a sole proprietor, he or she is not a minor;
   11. The Program Participant or Program Participating Applicant, as the case may be, shall be liable for compensating for any and all damages (including those suffered by Our Company) incurred by a breach of these Terms of Service by the Program Participant or Program Participating Applicant;
   12. If any dispute arises between the Program Participant and the BIZIT M&A member applicant introduced by the Program Participant, Our Company shall have no responsibility for the dispute and the Program Participant shall at its own responsibility and cost settle the dispute;
   13. The Program Participant shall, before introducing a BIZIT M&A member applicant to Our Company, explain to the BIZIT M&A member applicant that the Program Participant may be able to roughly know the timing and the amount of the transfer price or intermediary fees, etc. of the transaction the BIZIT M&A member applicant would conduct through the BIZIT M&A by receiving the referral fees from Our Company, and obtain consent about the foregoing from the BIZIT M&A member applicant;
   14. Even though the Program Participant introduces a BIZIT M&A member applicant to Our Company, the Program Participant shall not receive the referral fees if (i) Our Company has already started contacting the BIZIT M&A member applicant, or (ii) the BIZIT M&A member applicant has already been introduced to Our Company by a third party (it being understood that even though the Program Participant introduces a Legal Entity to Our Company, if another director, officer, shareholder or equity interest holder of the Legal Entity has already been introduced to Our Company by a third party, it shall be deemed that the Legal Entity “has already been introduced to Our Company by a third party”.); and
   15. When the Program Participant withdraws from the Program or Our Company cancels the registration of the Program Participant, the Program Participant shall not make any claim whatsoever to Our Company, including without limitation any claim for unpaid referral fees.
4. Even when applying or after applying for a Program Participant registration, a Program Participating Applicant shall, upon Our Company’s request, submit or present to Our Company the identification documents separately designated by Our Company through a method separately designated by Our Company.
5. If a Program Participating Applicant is a sole proprietor, the Program Participating Applicant shall, upon Our Company’s request, submit or present the documents evidencing that its business is related to the Program through a method separately designated by Our Company.
6. A Program Participant registration shall be completed upon Our Company’s notice of completion by an e-mail to the Program Participating Applicant.
7. If any of the following events occurs, Our Company may reject the application for Program Participant registration by a Program Participating Applicant, and even if Program Participant registration has been completed with respect to the Program Participating Applicant, Our Company may cancel such Program Participant registration:
   1. If the Program Participating Applicant does not actually exist;
   2. If the Program Participating Applicant makes a false statement, or there are errors or omissions in its statement upon the Program Participant registration;
   3. If the registration of the Program Participating Applicant has been cancelled by Our Company in the past;
   4. If there is a dispute pending between the Program Participating Applicant and Our Company;
   5. If the bank account, credit card or other payment service specified by the Program Participating Applicant does not exist or the use thereof is suspended;
   6. If the Program Participating Applicant has failed to pay any amount in the past;
   7. If the Program Participating Applicant is an adult ward (seinen hi koukennin), a person under curatorship (hi hosanin) or a person under assistance (hi hojonin);
   8. If the Program Participating Applicant is a minor;
   9. If the Program Participating Applicant is a sole proprietary whose business is not related to the Program;
   10. If it is known or Our Company recognizes the possibility, that the Program Participating Applicant, or any officer or employee, shareholder, equity interest holder or any other person who belongs to the Program Participating Applicant (if the Program Participating Applicant is a Legal Entity) is an organized crime group (boryokudan), an organized crime group member (boryokudan in), a quasi-member of an organized crime group (boryokudan junkouseiin), a company related to an organized crime group/organization (boryokudan kanren kigyou), corporate racketeers (sokaiya), a criminal operator in the name of social activity/political activity (shakaiundou/seijikatsudou hyoubou-goro), a crime syndicate with special intelligence (tokushu chinou boryoku shudan) or other anti-social forces;
   11. If the Program Participating Applicant files, or if any third party files with respect to the Program Participating Applicant, for the commencement of proceedings for an attachment, provisional attachment, provisional injunction, public auction, bankruptcy, civil rehabilitation, special liquidation or corporate reorganization, or if the Program Participating Applicant is subject to a delinquent tax collection procedure (sozei taino shobun);
   12. If the Program Participating Applicant is subject to a penalty due to dishonoring promissory notes or checks according to the clearinghouse rules, or if the Program Participating Applicant is insolvent;
   13. If the Program Participating Applicant interferes, or is suspected of interfering, with the operation of the Program or the System;
   14. If the Program Participating Applicant commits, or is suspected of committing, a fraud such as fraudulent solicitation; or
   15. If Our Company otherwise determines that the Program Participating Applicant is not appropriate to be a Program Participant.
8. A Program Participating Applicant may participate in the Program as a Program Participant from the date (the Program Participant registration date) on which the Program Participating Applicant receives the notice of completion by an e-mail as provided in Paragraph 6 of this Article.
9. The e-mail address and password used for a Program Participant registration and other information necessary for the login (the “Password and Other Information”) shall be safely kept by the Program Participant. If the Password and Other Information entered upon login are identical with the registered Password and Other Information, then Our Company shall be entitled to deem that any and all activities made through the Program are conducted by the Program Participant itself.
10. A Program Participant shall change its password periodically on the Company Website. In addition, a Program Participant shall logout whenever the Program Participant completes its browsing of the Company Website after its login.
11. A Program Participant shall not allow any third party to use or share the Password and Other Information, and a Program Participant shall not transfer, lease or otherwise permit to have an interest in the Password and Other Information to any third party.
12. If a Program Participant forgets its Password and Other Information or suspects an improper use thereof by a third party, then the Program Participant shall promptly notify thereof to Our Company and follow Our Company’s instructions. In addition, the Program Participant shall be liable for compensating for any and all damage suffered by Our Company due to the delay of such notice, etc.

Article 6. (Amendment, etc. to Registered Information)

1. If a Program Participant’s own registered information is changed (including in cases where the identification documents submitted to Our Company are amended or updated), then the Program Participant shall implement the procedures for amending the registered information, without delay, through a method prescribed by Our Company, and shall submit the amended or updated identification documents through a method separately designated by Our Company.
2. If a Program Participant delays implementing amendment procedures pursuant to this Article and as a result it interferes with the Program Participant’s use of the Program or the System or cause the Program Participant to suffer any damage, etc. therefrom, Our Company shall not be responsible therefor.

Article 7. (Availability Participation Period of the Program)

A Program Participant may participate in the Program during the period from the date of commencement of participation in the Program until the Withdrawal Date (as defined in Article 11 of these Terms of Service) or termination of the Program pursuant to Article 14 of these Terms of Service, whichever comes earlier.

Article 8. (Confidentiality Obligations)

A Program Participant shall not disclose any non-public information obtained through the System (including without limitation, information regarding a transaction conducted by a BIZIT M&A member through the BIZIT M&A) to any third party unless it obtains the prior written consent of Our Company.

Article 9. (Prohibited Activities)

1. In using the System, a Program Participant shall not perform any of the activities prescribed below:
   1. To transfer the right to use the System to a third party;
   2. To transfer, lease or otherwise permit to have an interest in the Password and Other Information to a third party, or allow a third party to use or share the Password and Other Information with another third party;
   3. To infringe the business, honor, credit, copyright, patent right, utility model right, design right, trademark right, portrait right or privacy of Our Company, other Program Participants (including Program Participating Applicants; the same shall apply hereinafter in this Paragraph), the BIZIT M&A members or any other third parties;
   4. To conduct any activity that is illegal or against public policy;
   5. To interfere with the operation of the Program and the System;
   6. To solicit or encourage other Program Participants, BIZIT M&A members, employees of Our Company or other third parties to conduct illegal activities;
   7. To conduct any activity that causes other Program Participants, BIZIT M&A members, employees of Our Company or other third parties to suffer economic or mental damage or losses;
   8. To conduct any criminal activity or activity leading to a criminal activity;
   9. To look into any information related to the privacy or trade secrets of other Program Participants, BIZIT M&A members, employees of Our Company or other third parties which is not disclosed on the Company Website;
   10. To solicit other Program Participants, BIZIT M&A members, employees of Our Company or other third parties to join a religious group, political organization, multilevel marketing system, etc., or to conduct election campaign activities aiming at any of them;
   11. To solicit other Program Participants, BIZIT M&A members, employees of Our Company or other third parties to work at a service or enterprise which may compete with Our Company;
   12. To solicit other Program Participants, BIZIT M&A members, other third parties or Our Company to obtain personal benefits, or to conduct any activity which may harm their rights or credit;
   13. To submit false statements in relation to the Program or post on the System any false statements;
   14. To use a security vulnerability or a bug, make an illegally access, make an artificially heavily loaded access, falsify or delete information in the System and/or on the Company Website, or to make an unauthorized access to another company’s facilities, or the System or the facilities of the Company Website, or any activity which interferes with the use or operation of such facility;
   15. To send, or enable third parties to receive, a computer virus or any other malware;
   16. To make posts that do or may slander other Program Participants, BIZIT M&A members, other third parties, Our Company or the business assets posted on the System without any justifiable reasons;
   17. To make posts, etc. that are false, untrue or do not have concrete factual backgrounds;
   18. To conduct any activity that is, or may be, in violation of any laws or regulations;
   19. To make a statement offensive to or threatening Our Company’s customer support personnel, or to hinder the process of our customer support activities;
   20. To offer any services based on all or part of the Program or the System;
   21. To conduct any activity that is in violation of the confidentiality obligation set forth in Article 8 of these Terms of Service;
   22. To use information concerning personal privacy of a natural person who is a third party obtained through the use of the Program or the System, or provide such information to another third party, without obtaining the consent of such natural person;
   23. To encourage a Legal Entity that is already a BIZIT M&A member to register itself as a new Legal Entity;
   24. To commit any action that is violative of Paragraph 3 of Article 5 of these Terms of Service (including without limitation, failure to give a BIZIT M&A member applicant the explanation required in Item 13 of the Paragraph and failure to obtain necessary consent of the BIZIT M&A member applicant); and
   25. To conduct any other activity that Our Company determines inappropriate.
2. If Our Company or any third party suffers any damage arising from any activity which is in violation of the preceding Paragraph, the Program Participant shall, even after cancellation of its Program Participant registration or its withdrawal from the Program, assume all legal responsibilities, indemnify Our Company for any damages arising therefrom and exonerate Our Company from bearing any such responsibilities.

Article 10. (Disciplinary Action)

1. If any of the following events occurs, Our Company may, without giving any advance notice, suspend the Program Participant’s use of the Program or the System or cancel the registration of the Program Participant, and Our Company shall not bear any and all responsibilities to the Program Participant for taking such actions and not be liable to disclose reasons of these actions:
   1. If any of the events as provided in Paragraph 7 of Article 5 of these Terms of Service occurs;
   2. If the Program Participant conducts any of the prohibited acts as provided in Article 9 of these Terms of Service;
   3. If the Program Participant violates any of the provisions of these Terms of Service;
   4. If the Program Participant fails to make payment to Our Company when due;
   5. If the Program Participant fails to follow any instructions, etc. provided by Our Company upon using the Program or the System;
   6. If the Program Participant harms or may harm the credit of Our Company;
   7. If the Program Participant files, or if any third party files with respect to the Program Participant, for the commencement of proceedings for any of attachment, provisional attachment, provisional injunction, public auction, bankruptcy, civil rehabilitation, special liquidation or corporate reorganization, or if the Program Participant is subject to the delinquent tax collection procedure (sozei taino shobun);
   8. If the Program Participant is subject to a penalty due to dishonoring promissory notes or checks according to the clearinghouse rules, or if the Program Participant is insolvent;
   9. If the Program Participant abolishes its business or commences its liquidation procedure, or when such abolishment or liquidation is likely to occur;
   10. If the Program Participant assigns all or a material part of its business to a third party;
   11. If the Program Participant’s business environment is substantially changed due to a merger or any similar event;
   12. If Our Company cannot reach the Program Participant, even though Our Company tries to contact the Program Participant at the contact address registered by the Program Participant for a certain period of time in a manner deemed reasonable;
   13. If it is known or Our Company recognizes the possibility, that the Program Participant, or any officer or employee, shareholder, equity interest holder or any other person who belongs to the Program Participant (if the Program Participant is a Legal Entity) is an organized crime group (boryokudan), organized crime group member (boryokudan in), a quasi-member of an organized crime group (boryokudan junkouseiin), company related to an organized crime group/organization (boryokudan kanren kigyou), corporate racketeers (sokaiya), a criminal operator in the name of social campaign/political activity (shakaiundou/seijikatsudou hyoubou-goro), a crime syndicate with special intelligence (tokushu chinou boryoku shudan) or other anti-social forces;
   14. If the Program Participant, or any officer or employee, shareholder, equity interest holder or any other person who belongs to the Program Participant (if the Program Participant is a Legal Entity) engages in, by itself or through a third party, a violent activity, deception, threatening activity, business obstruction or any other illegal activities, or any activities that are likely to constitute such activities; or
   15. If Our Company otherwise determines that the Program Participant’s use of the Program or the System is inappropriate.
2. If Our Company cancels the registration of a Program Participant pursuant to Paragraph 1 above, the date of such cancellation shall be deemed to be the Withdrawal Date (as defined in Paragraph 1 of Article 11 of these Terms of Service) of the Program Participant.

Article 11. (Withdrawal)

1. Withdrawal means a suspension of a Program Participant’s participation of the Program and termination of its status as Program Participant. A Program Participant shall be disqualified from the date on which the withdrawal procedure is completed pursuant to Paragraph 3 of this Article (the “Withdrawal Date”). From the date immediately following the Withdrawal Date, the Program Participant shall lose any and all rights concerning the participation in the Program and may not make any claims whatsoever to Our Company.
2. When a Program Participant desires to withdraw from the Program, the Program Participant shall apply for such withdrawal in a method prescribed by Our Company.
3. The withdrawal procedure by a Program Participant shall be completed at the time Our Company confirms the application for withdrawal by the Program Participant pursuant to the preceding Paragraph and notifies the Program Participant by an e-mail, etc. to the effect that the procedure has been completed. In principle, such withdrawal procedure shall be completed on the following business day of the date which the application for withdrawal is made pursuant to the preceding Paragraph.
4. Unless otherwise requested from the Program Participant, Our Company shall delete the registered information of the Program Participant after a certain period prescribed by Our Company after the withdrawal of such Program Participant. For avoidance of any doubt, Our Company shall not return any documents or electronic data, etc. that it has received from the Program Participant.
5. If any damage is incurred by Our Company or a third party due to the acts, etc. of the Program Participant, then the Program Participant shall, even after the withdrawal, bear all legal responsibilities and shall hold Our Company indemnified in any event.

Article 12. (Notice)

1. Any notices to be made by Our Company to the Program Participant shall be made by posting such notice on the Company Website or by sending such notice by an e-mail to the e-mail address included in the registered information of the Program Participant (the “Designated E-mail Address”), and the notice shall be deemed completed at the time such notice is posted on the Company Website (in case of posting on the Company Website) or at the time such e-mail is dispatched (in case of sending an e-mail), as the case may be.
2. The Program Participant shall configure the various settings concerning the Designated E-mail Address so that it may receive e-mails from Our Company (domain name: mail.biz-it.co).
3. When Our Company sends material information concerning the Program or the System by an e-mail, such notice shall be deemed completed at the time such e-mail is dispatched even if the Program Participant has configured his or her e-mail address to reject all e-mails from Our Company.
4. If an e-mail from Our Company does not reach the Program Participant due to any deficiencies or errors in the Designated E-mail Address or the Program Participant’s failure to change the e-mail receipt settings, Our Company shall not bear any responsibility for such non-delivery of notices. The Program Participant shall bear all legal responsibilities arising from such non-delivery of notices (including, but not limited to, liabilities for payment of damages, etc.), and shall exonerate Our Company from such responsibilities in any event.

Article 13. (Handling of Registered Information)

1. Our Company shall treat all registered information of the Program Participant as personal information, and use such information only for the purposes prescribed in the Privacy Policy.
2. Except as otherwise prescribed in the Privacy Policy, Our Company shall not disclose the registered information of a Program Participant to a third party without prior consent thereto by the Program Participant.

Article 14. (Change, Suspension and Termination of the Program or the System)

1. Our Company may change the contents of the Program and the specifications of the System based on Our Company’s discretionary judgment without giving any notice. Even if Our Company changes them, accrued referral fees shall be dealt with pursuant to the Program before the change, except for the case in which Our Company may not pay the referral fees due to the legal amendment or the change of legal interpretation.
2. Our Company may suspend or terminate the System by posting on the Company Website or giving notices by an e-mail to the Program Participants in advance, regardless of whether the reason for such suspension or termination is the maintenance of the System, change in specifications of the System or otherwise. Furthermore, when it is difficult to provide the System due to a communication failure, domestic or international political situation or natural disaster, etc., failure of the platform server, etc., or failure at the provider, or for any other unavoidable reasons, the System may be suspended without prior notice, and Our Company shall not assume any responsibility therefor.
3. In the case Our Company maintains the System or changes the contents of the System, the continuation of the Program becomes difficult to maintain due to the legal amendment or the change of legal interpretation or any other unavoidable matter arises, Our Company may suspend or terminate the Program at its own discretion, and Our Company shall not assume any responsibility therefor.

Article 15. (Liability for Damages)

1. If the Program Participant violates any of these Terms of Service, Our Company may claim the Program Participant to compensate for all damages and losses directly and/or indirectly incurred as a result of such violation.
2. The maximum amount of damages to be paid by Our Company to the Program Participant due to any deficiencies or defects, etc. of the System shall not, in any event, exceed the amount of the service fees paid by the Program Participant.

Article 16. (Copyright and Ownership Right, Etc.)

1. All copyrights or any other intellectual property rights and ownership rights regarding trademarks, logo marks, descriptions, program or other data, etc. concerning the Program or the System shall belong to Our Company. The Program Participant shall not use such trademarks, etc. or reprint them in magazines or other websites without the prior consent of Our Company.
2. The Program Participant shall guarantee that the copyrighted work provided by the Program Participant to Our Company does not infringe upon any intellectual property rights, portrait rights, rights to privacy or any other rights of a third party and that the Program Participant has the authority to give permission to Our Company to use the copyrighted work.
3. If the Program Participant violates any of Paragraphs 1 and 2 of this Article, Our Company may take the relevant measures under the Copyright Act or the Trademark Act, etc. (e.g., warning, complaint, claim for damages, claim for injunction, claim for measures to restore honor, etc.), or may claim compensation for the damages that Our Company incurred due to claims from a third party.

Article 17. (Disclaimer)

The Program Participants agree in advance that Our Company shall not bear any liability for damages arising from or in connection with each of the following items:

1. Any issues arising between the Program Participants (including the Program Participating Applicants; the same shall apply hereinafter in this Article), BIZIT M&A members (including BIZIT M&A member applicants; the same shall apply hereinafter in this Article) or any other third parties;
2. Any issues with a third party concerning the information provided by the Program Participant to Our Company on the Program or the matters that the Program Participant describes on the System;
3. The use of the Program or the System by a person competing with the Program Participant;
4. The fact that the information disclosed by the Program Participant is untrue or inaccurate;
5. A delay in payment of referral fees due to defects or issues, etc. with respect to the services provided by each bank or due to the imperfect account information registered by the Program Participant;
6. A third party’s unauthorized access to or unauthorized modification of data of a Program Participant or any other acts by a third party;
7. When the Program or the System cannot be used due to defects of the communication devices of the Program Participant, such as defects and issues, etc. of the services provided by a business partner of Our Company;
8. When the Program or the System cannot be used due to excessive access, a failure of communication lines or any other unexpected factors;
9. When the Program or the System cannot be used due to a cause not attributable to the willfulness or gross negligence of Our Company;
10. When any damage is incurred due to a virus infection originating from files, etc. that the Program Participant received or opened at its own responsibility;
11. When the use of the System is interrupted, delayed or cancelled, etc. due to the failure of a communication line or communication device, etc.;
12. When the Program or the System cannot be used due to the loss of or inability to use the Password and Other Information;
13. The completeness, accuracy, timeliness or safety, etc. of all information, links, etc. to be provided on the Company Website;
14. The content and use, etc. of a website operated by a third party other than Our Company, which links from or on the Company Website;
15. Any issues arising from the Program Participant’s personal information released on the System;
16. When the Program or the System is not satisfactorily used; or
17. Any and all taxes imposed by tax authorities on a Program Participant.

Article 18. (Display of Date and Time of the System)

All dates and times used in the System shall be based on Japan Standard Time (GMT+9:00).

Article 19. (Amendment to Terms of Service)

Our Company may amend these Terms of Service without giving any notice to the Program Participant. The amended Terms of Service shall be notified to the Program Participants by posting them on the Company Website or through an application program and an e-mail provided by Our Company. The amended Terms of Service shall be effective and applied from the time such notice is given, and the Program Participant shall agree to the foregoing in advance. Referral fees accrued prior to the effective date shall be dealt with under these Terms of Service before the change, except for the case in which Our Company may not pay the referral fees due to the legal amendment or the change of legal interpretation.

Article 20. (Governing Law and Exclusive Agreed Court of Jurisdiction)

These Terms of Service shall be construed in accordance with the laws of Japan. In addition, with respect to resolution of disputes arising between Our Company and the Program Participant from or in connection with the Program, the System or these Terms of Service, the Tokyo District Court shall be the exclusive agreed court of jurisdiction in the first instance.