Terms of Service

1. General Uses and Restrictions

By accessing and using the Service, you agree on your behalf, and on behalf of any entity or person on whose behalf you are accessing the Service, to abide by the Terms. We permit you to use and access the Service for lawful purposes only and only in a manner consistent with these Terms. If you do not agree with the Terms, you may not access the Service and must exit immediately.

By accessing the Service, you represent that you are at least 18 years of age, have the authority to agree to these Terms on your own behalf and on behalf of any organization or entity on whose behalf you are using or accessing the Service, and that all information provided by you is accurate.

2. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable law;
• Send unsolicited marketing materials, including junk email, spam, or chain letters;
• Post, transmit, or otherwise make available material that is threatening, harassing, degrading, hateful, defamatory, fraudulent, obscene, pornographic, objectionable, or infringes third-party rights;
• Post, insert, transmit, or otherwise make available malicious or harmful software;
• Harvest or collect information about users of the Service;
• Interfere with or disrupt the operation of the Service;
• Reproduce, copy, modify, adapt, translate, create derivative works of, sell, resell, license, sublicense, rent, lease, loan, distribute, or otherwise exploit any portion of the Service except as expressly authorized by us;
• Reverse engineer, decompile, or disassemble any portion of the Service;
• Remove any copyright, trademark, or other proprietary notices from the Service;
• Frame or mirror any portion of the Service or otherwise incorporate any portion of the Service into any product or service;
• Systematically download and store Service content; or
• Use any robot, spider, application, or other device to retrieve, index, scrape, mine, or otherwise gather Service content.

3. Third-Party Links and Content

This Service may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through this Service, you do so at your own risk. We do not investigate, monitor, or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading, or unlawful content that may reside thereon or therein.

4. Ownership

As between you and us, we own the intellectual property rights to the Service’s contents, including but not limited to the text, graphics, and images on this Service.

The contents of the Service may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Service or any of its contents.

5. Infringement

If you believe your copyrighted work is being used on the Service in a manner that constitutes copyright infringement, please contact our designated agent at contact-usa@jinushi-jp.com.

6. Privacy Policy

We collect and use certain personal information from individuals who visit the Service. For more information about our use of personal information, please see our Privacy Policy.

7. Disclaimer

THE SERVICE AND ALL INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS.” JINUSHI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SERVICE.

8. Indemnification

You agree to defend, indemnify, and hold harmless JINUSHI, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from your use of the Service, your violation of the Terms, your violation of any third-party rights, or your violation of any law or regulation.

9. Limitation of Liability

JINUSHI AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF JINUSHI FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOUR USE OF THE SERVICE WILL BE $500.

10. Dispute Resolution

General

In the interest of resolving disputes in the most expedient and cost-effective manner, you and JINUSHI agree that any dispute arising out of or related to these Terms, your relationship with JINUSHI, or any goods or services offered or provided by JINUSHI will be resolved by binding arbitration. You and JINUSHI each waive the right to a trial by jury, and these Terms will be subject to and governed by the California Arbitration Act.

Exceptions

Nothing in these Terms limits the right of either party to bring an individual action in small claims court, seek injunctive relief from a court of competent jurisdiction, or file suit to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and JINUSHI will be governed by the California Arbitration Act and the JAMS Comprehensive Arbitration Rules & Procedures and administered by JAMS. More information is available at www.jamsadr.com or by calling JAMS at 1-800-352-5267.

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. If the parties do not reach an agreement within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding.

Fees

Each party shall pay its pro rata share of JAMS fees and expenses as set forth in the JAMS fee schedule, unless the parties agree on a different allocation. If the action qualifies as a consumer arbitration, the JAMS Policy on Consumer Arbitrations shall apply.

Conduct of Arbitration

Any arbitration hearing will take place at a JAMS office in Los Angeles County, California. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as necessary to enforce or permit limited judicial review of the award.

No Class Actions

YOU AND JINUSHI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any action against JINUSHI that is not subject to mandatory arbitration shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

12. General Provisions

• Entire Agreement. These Terms constitute the entire agreement between you and JINUSHI relating to the Service.
• Severability. If any provision is found to be invalid by a court of competent jurisdiction, the provision shall be stricken and all other terms will remain in full force and effect.
• Waiver. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver.

13. Contact Us