Terms of service.

1. WEBSITE OWNERSHIP

The Website is owned by Takagi P.C. All materials contained or distributed on the Website (the “Materials”) are either owned by, permitted, or licensed to Takagi P.C. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Materials must not be used in any unauthorized manner.

Notices and Attribution. Text, photo, graphic, audio and/or video material of this website shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium without permissions of those owners including Takagi P.C. Neither these materials nor any portion thereof may be stored in a computer. These materials will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in those materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

2. DESCRIPTION OF SERVICE

Takagi P.C. provides users with access to Services, products, and information, including financial accounting advisory, financial analysis, financial data analysis, financial reporting services, management consulting, management advisory, tax preparation and filing services, payroll accounting and payroll tax filing services, financial statement audit and review services, other attest, compilation, and marketing consulting services, Enterprise Resource Planning, marketing and employment information, news, press releases, non-public information and programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Takagi P.C. to provide the Service. You also understand and agree that the Service may include certain communications from Takagi P.C., such as press releases, Service announcements, administrative messages and other communications tools, and that these communications are considered part of Takagi P.C. client relationship and investor relationship and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Takagi P.C. Service, shall be subject to the Terms of Service. You understand and agree that the Service is provided “AS-IS” and that Takagi P.C. assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of accounting documentation, data, and information, tax filings, audit and attestation reports and documentation, financial reporting, and advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. LANGUAGE OF THE TERMS

Where Takagi P.C. has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Takagi P.C.

If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. PROVISION OF THE SERVICES BY TAKAGI P.C.

Takagi P.C. has and will have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Service to you on behalf of Takagi P.C. itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.

Takagi P.C. is constantly innovating in order to provide the best possible services and experience for its clients. You acknowledge and agree that the form and nature of the Services which Takagi P.C. provides may change from time to time without prior notice to you or subject to engagement letters, contracts and agreements with Clients.

As part of this continuing innovation, you acknowledge and agree that Takagi P.C. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to clients generally subject to engagement letters, contracts, and agreements with Clients.

5. PRIVACY AND YOUR PERSONAL INFORMATION

For information about Takagi P.C.’s data protection practices, please read Takagi P.C.’s privacy policy at this website. This policy explains how Takagi P.C. treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with Takagi P.C.’s privacy policies.

6. CONTENT IN THE SERVICES

You understand that all information (such as all service information, products, non-public information, data files, written text, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

You should be aware that Content presented to you as part of the Services, including but not limited to accounting and financial data and documentation, business and tax-related information, advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the suppliers, vendors, sponsors or advertisers who provide that Content to Takagi P.C. (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Takagi P.C. or by the owners of that Content, in a separate agreement.

Takagi P.C. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that Takagi P.C. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Takagi P.C. may suffer) by doing so.


7. PROPRIETARY RIGHTS

You acknowledge and agree that Takagi P.C. (or Takagi P.C.’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Takagi P.C. and that you shall not disclose such information without Takagi P.C.’s prior written consent.

Unless you have agreed otherwise in writing with Takagi P.C., nothing in the Terms gives you a right to use any of Takagi P.C.’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

If you have been given an explicit right to use any of these brand features in a separate written agreement with Takagi P.C., then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.

Other than the limited license set forth in Content license from you, Takagi P.C. acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Takagi P.C., you agree that you are responsible for protecting and enforcing those rights and that Takagi P.C. has no obligation to do so on your behalf.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by Takagi P.C., you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8. LICENSE FROM TAKAGI P.C.

You must not (and you may not permit anyone else to) copy, modify, create Services, packages, products, any non-public and public information, decompile or otherwise attempt to extract Services, products, any non-public and public information or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Takagi P.C., in writing.

Unless Takagi P.C. has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services and any information of this website, grant a security interest in or over your rights to use the Services and any information of this website, or otherwise transfer any part of your rights to use the Services, products, any non-public and public information of this website.

9. CONTENT LICENSE FROM YOU

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Takagi P.C. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Takagi P.C. to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

You agree that this license includes a right for Takagi P.C. to make such Content available to other companies, organizations or individuals with whom Takagi P.C. has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that Takagi P.C., in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Takagi P.C. to take these actions.

You confirm and warrant to Takagi P.C. that you have all the rights, power and authority necessary to grant the above license.

10. TERMINATION

Takagi P.C. may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, Services, non-public information, products, database, or content. Takagi P.C. may also impose limits on certain features and information on the Website or restrict your access to parts or the entire Website without notice or liability at any time in Takagi P.C.’s exclusive discretion, without prejudice to any legal or equitable remedies available to Takagi P.C., for any reason or purpose, including, but not limited to, conduct that Takagi P.C. believes violates this Agreement or other policies or guidelines posted on the Website or conduct which Takagi P.C. believes is harmful to other customers, to Takagi P.C.’s business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Takagi P.C. in its sole discretion. In addition and without prejudice to any other remedy available to Takagi P.C., Takagi P.C. may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Takagi P.C.

11. DISCLAIMER OF WARRANTIES

Use of the website, the Services, products, non-public information, and any other information are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.

Except for any warranties that may be expressly provided by the applicable vendor, the website and all materials contained or distributed therein, including, but not limited to all Services, products, non-public information, and any other information are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to any warranties of title or warranties of title or warranties of merchantability or fitness for a particular purpose.

Takagi P.C. does not warrant that : (1) The website, any non-public information, or the Services will be uninterrupted or error free; (2) defects or errors in the website, Services,  or any non-public information will be corrected; (3) The website, the Services,  or any non-public information will be free from viruses or other harmful components; or (4) any information contained in the website, the Services,  or any non-public information will be accurate or reliable

12. LIMITATION OF LIABILITY

You expressly understand and agree that Takagi P.C., its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(A) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit, (Whether incurred directly or indirectly), any loss of good will or any loss of business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(B) Any loss of damage which may be incurred by you, including but not limited to loss or damage as a result of :

(I) Any reliance placed by you on the completeness, accuracy or existence of any Services, or as a result of any relationship or transaction between you and any vendors or suppliers whose projects appears on the Services;

(II) Any changes which Takagi P.C. may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

(III) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

(IV) Your failure to provide Takagi P.C. with accurate account information.

The limitations on Takagi P.C.’s liability to you shall apply whether or not Takagi P.C. has been advised of or should have been aware of the possibility of any such losses arising.

13. COPYRIGHT AND TRADE MARK POLICIES

It is Takagi P.C.’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to take legal action against repeat infringers.

Takagi P.C. operates a trade mark complaints procedure in respect of Takagi P.C.’s business.

14. CHOICE OF LAW: JURISDICTION; ATTORNEY’s FEES

This Agreement will be governed by the laws of the State of Washington applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Washington State, Washington will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Takagi P.C. will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.



15. ACCEPTANCE OF TERMS OF SERVICE

By using the website, you signify your agreement to the terms of this agreement. If you do not agree to the terms in this Agreement, you must not use the Website. Takagi P.C. may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.


LAST UPDATED: May 16, 2024