Terms of Use (“Terms of Use”) for SAN Consulting Co. Ltd. web site and services. These Terms of Use describe the terms and conditions under which persons seeking employment opportunities or any other individuals or entities accessing this web site (“you” or “User”) may access and use this web site or any of its services. Please read these Terms of Use carefully. If you do not accept these Terms of Use, do not use this web site or any of its services. By using this web site or any of its services, you are indicating your acceptance of these Terms of Use.

SAN Consulting Co. Ltd. may revise these Terms of Use at any time by posting the amended terms and/or conditions on this web site. Any such amended terms and/or conditions shall automatically be effective when they are posted on this web site. You should review these Terms of Use periodically because they are binding on you when you are accessing or using this web site or any of its services.

USE OF MATERIAL

SAN Consulting Co. Ltd. authorizes the User to view and temporarily download a single copy of the materials (including but not limited to documents, text, logos, HTML code, graphics, button icons, sounds, audio clips, images, software and other items) that are made available by SAN Consulting Co. Ltd. on this site (the “Materials”) solely for your personal, non-commercial use.

All Materials included on this site are the property of SAN Consulting Co. Ltd. and protected by Japanese and international treaty provisions and copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Materials on this site and all software used on this site is the property of SAN Consulting Co. Ltd. and protected by Japanese and international treaty provisions and copyright laws. Other than temporary downloads as necessary to access this site (which will only be stored as long as is necessary for such access), the Materials on this site may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed or otherwise used without the express written permission of SAN Consulting Co. Ltd. The use of the Materials on any other web site or in a networked computer environment is prohibited.

In addition to violating these Terms of Use, unauthorized use of the Materials may violate copyright, trademark, patent and other laws.

PERMITTED USE OF WEB SITE

This web site and the Materials included on this site (collectively, the “Site”) may be used only for lawful purposes by individuals, such as the User, seeking employment information. You represent, warrant, and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use. It is the User’s responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior, express written permission from SAN Consulting Co. Ltd. for any uses not permitted or not expressly specified in these Terms of Use.

PROHIBITED USES OF WEB SITE

In connection with your use of the Site, you will not:

(a) Impersonate any person or entity, including without limitation an SAN Consulting Co. Ltd. employee or agent, an authorized user of the Site, a job applicant, or an employer, or otherwise misrepresent your affiliation with any person or entity.

(b) Post any incomplete, false, or inaccurate information or information that is not your own for use in seeking employment on a full-time or part-time basis on your own behalf.

(c) Register an e-mail address which you do not own or do not have the express permission of the owner to register.

(d) Violate or attempt to violate the security or integrity of the Site, including, without limitation:

(1) accessing data not intended for the User or logging into a server or account which the User is not authorized to access;

(2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(3) attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, “flooding”, “spamming”, “mail bombing” or “crashing”;

(4) disclosing or sharing your password to/with any third parties or using your password for any unauthorized purpose;

(5) attempting to decipher, decompile, disassemble or reverse engineer any of the content or software comprising or in any way making up a part of the Site;

(6) sending unsolicited advertising, promotional materials, e-mail, “junk mail”, “chain letters”, or any other form of solicitation; or

(7) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of Site, system or network security may result in civil or criminal liability. SAN Consulting Co. Ltd. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

USER INFORMATION

When you register on the Site, SAN Consulting Co. Ltd. collects some personal information. Information that may be collected includes name, address, e-mail address, and telephone number. In addition to the terms and conditions of any privacy policy on this Site, you understand and agree that SAN Consulting Co. Ltd. and its affiliates may access, use, and store this information indefinitely and may collect and process the information in one or more databases maintained directly or indirectly by SAN Consulting Co. Ltd. SAN Consulting Co. Ltd. uses its best efforts to protect your personal information. However, you understand and agree that SAN Consulting Co. Ltd. has no control over anything that occurs on servers not controlled by SAN Consulting Co. Ltd. Further, to the extent that you include your personal information (including e-mail address) when you register on the Site, SAN Consulting Co. Ltd. cannot control the use of such information by third-party clients of SAN Consulting Co. Ltd. that obtain your information from SAN Consulting Co. Ltd. Please see the Privacy Statement on this Site for further details regarding your information.

USER COMMUNICATIONS

You understand and agree that in the event you communicate any information, feedback, data, questions, comments, suggestions or other items to SAN Consulting Co. Ltd. regarding SAN Consulting Co. Ltd., the Site, or the services offered on the Site, any such communication shall be deemed not to be confidential and shall become the property of SAN Consulting Co. Ltd., and SAN Consulting Co. Ltd. shall be free to reproduce, use, disclose and distribute such communication to others, without limitation.

USER SUBMISSIONS

You understand and agree that by submitting information to SAN Consulting Co. Ltd. in the form of audio, video, or photographs, whether submitted via the Site or otherwise, such information may be published or distributed by SAN Consulting Co. Ltd. to third-party clients and will be searchable and viewable by such third-party clients of SAN Consulting Co. Ltd. SAN Consulting Co. Ltd. uses its best efforts to grant access to this information only to such clients. However, you understand and agree that SAN Consulting Co. Ltd. is not responsible or liable if some other third party evades security measures and gains access to such information. SAN Consulting Co. Ltd. will cease publishing, distributing, or making available your information to third-party clients upon receipt of a written request from you. You understand and agree, however, that SAN Consulting Co. Ltd.’s clients who have access to such information may have retained a copy of the information in their own files or databases. SAN Consulting Co. Ltd. is not responsible for the retention, use, or privacy of your information in such instances.

ELIGIBILITY FORM SUBMISSIONS

You understand and agree that you are solely responsible for the form, content, and accuracy of any information submitted by you on the Site. You further understand and agree that by doing so, your information will be searchable and viewable by and may be forwarded, transmitted, or ported to third-party clients of SAN Consulting Co. Ltd. (which may include recruiters and placement consultants). SAN Consulting Co. Ltd. uses its best efforts to grant access to your information only to such clients. However, you understand and agree that SAN Consulting Co. Ltd. is not responsible or liable if some other third party evades security measures and gains access to your information. You may remove or request the removal of your information from SAN Consulting Co. Ltd.’s database or request that your information not be forwarded at any time. You understand and agree, however, that SAN Consulting Co. Ltd.’s clients who have access to the database or received your information may have retained a copy of your information in their own files or databases. SAN Consulting Co. Ltd. is not responsible for the retention, use, or privacy of information in such instances.

NO LIABILITY

The Site and the Materials may contain inaccuracies or typographical errors. SAN Consulting Co. Ltd. makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Materials, and use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time by SAN Consulting Co. Ltd.

SAN Consulting Co. Ltd. is not to be considered an employer with respect to your use of the Site and SAN Consulting Co. Ltd. shall not be responsible for any employment decisions made, for whatever reason, by any entity offering employment opportunities through the Site. In addition, nothing in these Terms of Use shall be construed to guarantee employment for any user for any particular period of time. Further, User acknowledges and agrees that no joint venture, partnership, employment or agency relationship exists between User and SAN Consulting Co. Ltd. as a result of these Terms of Use or your use of the Site.

EMPLOYMENT EXCHANGES

This Site includes a service whereby SAN Consulting Co. Ltd.’s third-party clients can, through SAN Consulting Co. Ltd., offer a Tentative offer of employment (pending their submission of the appropriate documents; Visa copy etc.) to certain candidates. In addition to the other terms and conditions of these Terms of Use, to the extent that you participate as a candidate in such an exchange, User acknowledges and agrees to the following:

(a) SAN Consulting Co. Ltd. does not assume any responsibility or liability for the existence and availability of any employment opportunities with the offering entities, or any such entity’s ability and willingness to hire you.

(b) While we will be in contact with both you and your employer regularly to ensure everything is going smoothly, SAN Consulting Co. Ltd. does not assume any responsibility or liability for you. During your time off, you will be liable for yourself (which is why Travel Insurance, or Japanese Health Insurance is compulsory for all participants). During your work hours, you will be covered directly by your employer, under the Japanese “Rousai” Work Insurance scheme.

(c) User hereby releases SAN Consulting Co. Ltd., its content suppliers and service providers, its and their officers, directors, employees, agents, and affiliates, from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with positions of employment offered or actually accepted.

DISCLAIMER AND LIMITATION OF LIABILITY

You assume all responsibility and risk for your use of this site and the internet generally. This site and the information provided on it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by SAN Consulting Co. Ltd., its affiliates or their respective employees shall modify the foregoing or create any warranty. SAN Consulting Co. Ltd. and its content suppliers and service providers expressly disclaim any warranty that the information on this system or on the internet generally will be uninterruptible or error free or that any information, software or other materials accessible from the system is free of viruses or other harmful components. SAN Consulting Co. Ltd. makes no warranties whatsoever that you will obtain any employment via this site, nor any warranties about (and takes no responsibility for) any employment you may obtain.

In no event shall SAN Consulting Co. Ltd. and its content suppliers and service providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use it, or for any information or services obtained through this site, or otherwise arising out of the use of this site, the internet generally or on any other basis (whether based on contract, tort, strict liability or otherwise).

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then SAN Consulting Co. Ltd.’s maximum liability to you for any type of damages for all claims arising from the use of the site or the materials shall be limited to 10,000 Japanese Yen.

TERMINATION

SAN Consulting Co. Ltd. reserves the right, at its sole discretion, to pursue all of its legal remedies, including without limitation, immediate termination of your registration with the Site and/or any other service provided to you by SAN Consulting Co. Ltd., upon any breach by you of these Terms of Use.

In addition, SAN Consulting Co. Ltd. reserves the right to cancel confirmations of positions to applicants where circumstances necessitate such action. Similarly, employers (hotels/resorts) reserve the right to cancel agreements in the event that unforeseeable circumstances necessitate a reduction in the number of part-time, casual and seasonal staff. This includes, but is not limited to, the weather, medical emergencies and the economic situation.

INDEMNITY

User agrees to defend, indemnify, and hold harmless SAN Consulting Co. Ltd., its content suppliers and service providers, and its and their officers, directors, employees, agents, and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Materials or your breach of these Terms of Use. SAN Consulting Co. Ltd. shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL

SAN Consulting Co. Ltd. and its content suppliers and service providers make no representation that the Site or the Materials are appropriate or available for use in other jurisdictions, and access to them from jurisdictions where its contents are illegal or prohibited. Those who choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of Japanese export laws and regulations. Any claim relating to the Site or the Materials shall be governed by the substantive laws of the State of Hyogo, Japan, and international treaty provisions without giving effect to any principles of conflicts of laws, and without reference to the 1980 United Nations Convention On The International Sale Of Goods. User and SAN Consulting Co. Ltd. hereby consent to the exclusive jurisdiction and venue for any action or dispute arising under these Terms Of Use in the state or federal courts located in Kobe, Hyogo, Japan and international treaty provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice,” software license, or additional terms of use on particular pages or services on the Site or linked to the site, to which you agree to be bound, these Terms of Use constitute the entire agreement between you and SAN Consulting Co. Ltd. with respect to the use of the Site. No changes to these Terms of Use shall be made except by a revised posting on this page. Except as expressly provided herein, nothing in the Materials or on this Site confers or is to be construed as conferring, whether by implication, or otherwise, any license or right under any patent, copyright, trademark or other right of SAN Consulting Co. Ltd. or any third party. Any and all rights not expressly granted herein are reserved by SAN Consulting Co. Ltd.