Terms & Conditions
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Derek Rake LLC, acceptance is expressly limited to these terms.
To contact us for further clarification, click here for our Support page.
Use of our Services requires a ShogunMethod.net account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your ShogunMethod.net Account and Website. If you create an account at ShogunMethod.net (by purchasing a product or through other means), you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Derek Rake LLC of any unauthorized uses of your account, or any other breaches of security. Derek Rake LLC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post a comment or any material to ShogunMethod.net, post links on ShogunMethod.net, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using ShogunMethod.net, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Derek Rake LLC for inclusion on your website, you grant Derek Rake LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. This license allows Derek Rake LLC to make publicly-posted content available to third parties selected by Derek Rake LLC so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other ShogunMethod.net users permission to share your Content on other ShogunMethod.net websites and add their own Content to it, so long as they use only a portion of your post and they give you credit as the original author. If you delete Content, Derek Rake LLC will use reasonable efforts to remove it from ShogunMethod.net, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Derek Rake LLC has the right (though not the obligation) to, in Derek Rake LLC’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Derek Rake LLC’s reasonable opinion, violates any Derek Rake LLC policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of ShogunMethod.net to any individual or entity for any reason. Derek Rake LLC will have no obligation to provide a refund of any amounts previously paid.
- General Terms. Charges for each program is one-off. This means that buyers will only be charged once, and there are no recurring charges whatsoever.
- Refund Policy. Purchases made on ShogunMethod.net can be canceled and refunded during the 90-day refund period. Buyers will be refunded to the same payment method used for the purchase.
Responsibility of Visitors
Derek Rake LLC has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Derek Rake LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Derek Rake LLC disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ShogunMethod.net links, and that link to ShogunMethod.net. Derek Rake LLC does not have any control over those non-ShogunMethod.net websites, and is not responsible for their contents or their use. By linking to a non-ShogunMethod.net website, Derek Rake LLC does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Derek Rake LLC disclaims any responsibility for any harm resulting from your use of non-ShogunMethod.net websites and webpages.
Copyright Infringement and DMCA Policy
As Derek Rake LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ShogunMethod.net violates your copyright, you are encouraged to notify Derek Rake LLC using our Support page. Derek Rake LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Derek Rake LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Derek Rake LLC or others. In the case of such termination, Derek Rake LLC will have no obligation to provide a refund of any amounts previously paid to Derek Rake LLC.
This Agreement does not transfer from Derek Rake LLC to you any Derek Rake LLC or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Derek Rake LLC. Derek Rake LLC, DerekRakeHQ, ShogunMethod.net, the ShogunMethod.net logo, and all other trademarks, service marks, graphics and logos used in connection with ShogunMethod.net or our Services, are trademarks or registered trademarks of Derek Rake LLC or Derek Rake LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Derek Rake LLC or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Derek Rake LLC may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ShogunMethod.net account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Derek Rake LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Derek Rake LLC nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability
In no event will Derek Rake LLC, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Derek Rake LLC under this agreement during the twelve (12) month period prior to the cause of action. Derek Rake LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Derek Rake LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Derek Rake LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Derek Rake LLC, or by the posting by Derek Rake LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of British Virgin Islands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the British Virgin Islands. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Derek Rake LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.