TERMS AND CONDITIONS

Terms & Conditions

These Terms of Service (the "Agreement") set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Senshi Hawaii LLC ("Senshi Hawaii") and located at senshihawaii.com (the "Site") including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to participate in motorcycle club activities, events, and membership benefits (the "Services"). This Agreement is legally binding between you, the person using this Site, and Senshi Hawaii. Terms such as "we," "our," and "us" refer to Senshi Hawaii.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO SENSHI HAWAII'S PRIVACY POLICY LOCATED AT [INSERT PRIVACY POLICY URL] (THE "PRIVACY POLICY"), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) SIGNING UP FOR MEMBERSHIP OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services. The provisions of this Agreement that relate to terms for the payment of fees specified in any subscription to Services apply only to paid memberships, and are not applicable to free memberships. All other terms apply.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding, and do not modify this Agreement in any way.

Senshi Hawaii may update or modify this Agreement or the Privacy Policy at any time, and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

Your Profile Information and Account

Fees

Intellectual Property Rights

Confidential Information

Disclaimer of Warranties

Web Content Accessibility Guidelines Compliance Disclaimer ("WCAG Disclaimer")

Support

License Holders

Inactive License

Limitation of Liability / Exclusion of Consequential and Related Damages

Indemnity

Automatic Renewal

Cancellation and Termination

Refund Policy

Discount Policy

Agreement to Governing Law and Jurisdiction

Severability

Legal Remedies

Surviving Provisions

Manner of Giving Notice

Miscellaneous

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Senshi Hawaii, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access and participate in the Services, you may be required to provide information about yourself (such as name, contact details, motorcycle details, etc.) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create login credentials (username and password). You agree to provide true, accurate, current, and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or login credentials. Accordingly, you agree that you will be solely responsible to Senshi Hawaii for all activities that occur under your account. If you become aware of any unauthorized use of your account or any breach of security, you agree to notify Senshi Hawaii immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your login credentials to any third party. You are solely responsible for all activities that occur under your account or using your login credentials. If you become aware of any unauthorized use of your account or any breach of security, you are responsible for notifying Senshi Hawaii immediately.

By providing us with your email address, you agree to receive all required notices electronically to that email address. It is your responsibility to update or change that email address, as appropriate.

By providing us with your phone number, you agree to allow Senshi Hawaii to contact you via that telephone number regarding any membership-related notices and inquiries. It is your responsibility to update or change that phone number, as appropriate.

Fees

You shall pay all fees specified in any subscription to Services or use of the Site ("Subscription"). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days (as described in the section below entitled Cancellation and Termination and in the Senshi Hawaii Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services.

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer discounted pricing for membership. Once the terms of any discount program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions, or limitations we impose in connection with any discount program.

You agree to pay all charges incurred by users of your payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.

All prices listed, fees, charges, and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

Intellectual Property Rights

All right, title, and interest in and to the Site, Senshi Hawaii trademarks, and all content available on the Site, including but not limited to text, graphics, images, logos, buttons, icons, and the arrangement and compilation thereof, are the property of Senshi Hawaii or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

Subject to the terms and conditions of this Agreement, Senshi Hawaii grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.

You acknowledge and agree that any ideas, suggestions, concepts, or feedback that you provide to Senshi Hawaii related to the Services or the Site ("Feedback") shall become Senshi Hawaii's property without any compensation or other consideration payable to you by Senshi Hawaii, and you do so of your own free will and volition. Senshi Hawaii may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Senshi Hawaii may decide into the Site, its services, documentation, business, or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights, title, and interest in and to the Feedback to Senshi Hawaii on a worldwide basis in perpetuity and waive any moral rights.

The Senshi Hawaii name, logo, and any other trademarks or service marks are the registered trademarks or service marks of Senshi Hawaii. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, or the name of Senshi Hawaii.

Confidential Information

You agree to safeguard, keep confidential, and not disclose to any third party any Confidential Information acquired, learned, or provided by Senshi Hawaii during the term of this Agreement or following the expiration or termination of this Agreement. "Confidential Information" means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas, programming code, know-how, and processes, computer programs, and inventions, discoveries, and improvements of any kinds.

Support

Support for Senshi Hawaii Services is provided in accordance with the applicable support terms and policies provided by Senshi Hawaii. Senshi Hawaii reserves the right to modify or discontinue support for its Services at any time.

Inactive Membership

If your membership becomes inactive and is otherwise no longer valid, (a) Senshi Hawaii will no longer be obligated to provide you the Services, (b) your account will no longer be accessible by you to use the Services, and (c) all licenses and other rights granted to you under the Agreement will immediately cease. Senshi Hawaii will not be liable to you or any third party for termination of this Agreement or any termination or suspension of your use of the Services.

YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE DELETED FROM YOUR ACCOUNT UPON YOUR MEMBERSHIP BECOMING INACTIVE. THIS CONTENT CANNOT BE RECOVERED ONCE DELETED. IF YOUR MEMBERSHIP IS NOT ACTIVE, SENSHI HAWAII WILL NOT STORE CONTENT ON YOUR BEHALF.

Limitation of Liability / Exclusion of Consequential and Related Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENSHI HAWAII AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SENSHI HAWAII 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.

Indemnity

You agree to defend, indemnify, and hold harmless Senshi Hawaii and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of this Agreement; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your use of the Services caused damage to a third party.

Automatic Renewal

By subscribing to our Services, you acknowledge and agree that your subscription will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You authorize Senshi Hawaii to charge the applicable subscription fees to your chosen payment method on file with us. The renewal charge will be the same amount as the original subscription price unless we notify you otherwise in advance. You acknowledge and agree that the authorization to automatically renew your subscription is provided in consideration of the opportunity to continue using the Services without interruption and that the cancellation policy applies to automatic renewals.

Cancellation and Termination

You may cancel your subscription at any time by following the cancellation procedures provided by Senshi Hawaii. If you cancel your subscription, your account will remain active until the end of the current billing period, and no further charges will be incurred.

Senshi Hawaii reserves the right to terminate or suspend your account and access to the Services, in whole or in part, without prior notice and without liability if we determine, in our sole discretion, that you have violated this Agreement or if your use of the Services poses a risk to Senshi Hawaii or any third party or violates any applicable law or regulation.

Refund Policy

Refunds will be provided in accordance with Senshi Hawaii's Refund Policy, which can be found at [insert URL for Refund Policy]. Please review the Refund Policy carefully as it sets forth your rights and obligations with respect to refunds.

Discount Policy

Senshi Hawaii may offer promotional discounts or pricing on its Services from time to time. The terms and conditions of any discount offer or promotion will be set forth on the Site or in the applicable promotion materials. You agree to comply with any additional terms, restrictions, or limitations we impose in connection with any discount offer or promotion.

Agreement to Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of Hawaii, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Hawaii, United States, to resolve any dispute or claim arising out of or in connection with this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between you and Senshi Hawaii regarding the Services and supersedes all prior or contemporaneous understandings or agreements, whether oral or written, between you and Senshi Hawaii regarding the Services.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law, and the court shall endeavor to give effect to the parties' intentions as reflected in the provision.

Waiver

The failure of Senshi Hawaii to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

Contact Information

If you have any questions about this Agreement, please contact Senshi Hawaii at 808-374-0050 or admin@senshihawaii.com .