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JAPANESE FOOD CULTURE ASSOCIATION,
a California nonprofit mutual benefit corporation
TERMS OF USE
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Date of Last Revision: November 1, 2011
PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEB SITE (THIS “SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
These Terms apply solely to your access to, and use of, this Site operated by Japanese Food Culture Association, a California nonprofit mutual benefit corporation (“JFCA”), located at www.japanesefoodculture.org. These Terms do not alter in any way the terms or conditions of any other agreement you may have with JFCA or affiliates, for products, services or otherwise. If you are using this Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and JFCA for violations of these Terms. |
| 2. Product Sales |
2.1 Purchase of Products.
You may purchase a product or products to those certain events organized by JFCA, including but not limited to Japan Premium Foods web site product, at http://www.japanpremiumfoods.com pursuant to the terms and conditions set forth in these Terms.
2.2 Account.
When you buy any ticket at http://www.japanpremiumfoods.com, an account may be created for you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account.
2.3 Payment Terms.
You may purchase any ticket at http://www.japanpremiumfoods.com through the PayPal services. A payment through the PayPal services will be governed by the terms and conditions set forth in their website (www.paypal.com). JFCA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of the PayPal services accessible by hyperlink from this Site.
2.4 Shipping and Handling:
Shipping and handling (costs vary by volume of order and shipping destination)
*Shipping and handling fees are subject to change without notice.
2.5 Order Discrepancy:
In the unlikely event that your order is incorrect or inaccurate, please contact us via email or phone within 5 days after you receive it. We will not be able to provide a refund or replacement product if you do not notify us within the time required.
2.6 Return Policy:
Unopened products may be returned within 21 days of the original
shipment date. Shipping/handling charges are not refundable.
Contact
our Customer Service by Email or telephone before returning the
product. Or you can request a return merchandise authorization (RMA)
using this page, All returned products must be shipped with
transportation costs prepaid.
We will not accept any returns if the
return transportation costs are not prepaid.
Return Address:
Japanese Food Culture Association
9 Via Veneta, Rancho Palos Verdes, CA 90275-5375
The refund amount will be credited to your account within 2 weeks once the returned product is received. |
| 3. Copyright and Limited License |
3.1 Ownership
Unless otherwise indicated in this Site, this Site and all content and other materials on this Site, including, without limitation, the JFCA logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of JFCA or its licensors or users and are protected by U.S. and international copyright laws.
3.2 Limited License.
You are granted a limited, non-sublicensable license to access and use this Site and electronically copy (except where prohibited without a license) and print hard copy portions of this Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of this Site or this Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of this Site and this Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Site, this Site Materials or any information contained therein, except as expressly permitted on this Site; or (g) any use of this Site or this Site Materials other than for its intended purpose. Any use of this Site or this Site Materials other than as specifically authorized herein, without the prior written permission of JFCA, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
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| 4. Copyright Complaints. |
f you believe that anything on this Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Japanese Food Culture Association
9 Via Veneta, Rancho Palos Verdes, CA 90275-5375
Phone: 310-947-9442
Fax: 310-375-4102
Email: info@jfcausa.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We may give notice of a claim of copyright infringement to our users by means of a general notice on this Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. |
| 4. Copyright Complaints. |
If you believe that anything on this Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Japanese Food Culture Association
9 Via Veneta, Rancho Palos Verdes, CA 90275-5375
Phone: 310-947-9442
Fax: 310-375-4102
Email: info@jfcausa.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We may give notice of a claim of copyright infringement to our users by means of a general notice on this Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. |
| 5. Trademarks |
5.1 Ownership.
“Japanese Food Culture Association,” “JFCA,” the JFCA logos and any other product or service name or slogan contained in this Site are trademarks of JFCA and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of JFCA or the applicable trademark holder.
5.2 Prohibition.
You may not use any metatags or any other “hidden text” utilizing “Japanese Food Culture Assocation” or any other name, trademark or product or service name of JFCA without our prior written permission. In addition, the look and feel of this Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of JFCA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and JFCA names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. |
| 6. Hyperlinks |
6.1 Limited License.
You are granted a limited, non-exclusive right to create a text hyperlink to this Site for noncommercial purposes, provided such link does not portray JFCA or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a JFCA logo or other proprietary graphic of JFCA to link to this Site without the express written permission of JFCA. Further, you may not use, frame or utilize framing techniques to enclose any JFCA trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page on this Site without JFCA’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of JFCA or any third party.
6.2 Disclaimer.
JFCA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from this Site, or Web sites linking to this Site. Such sites are not under the control of JFCA and JFCA is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. JFCA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by JFCA of any site or any information contained therein. When you leave this Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site. |
| 7. Third Party Content |
| JFCA may provide third party content on this Site and may provide links to Web pages and content of third parties (collectively, the “Third Party Content”) as a service to those interested in this information. JFCA does not monitor or have any control over any Third Party Content or third party Web sites. JFCA does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. JFCA does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. |
| 8. Advertisements and Promotions; Third-Party Products and Services |
| JFCA may run advertisements and promotions from third parties on this Site or may otherwise provide information about or links to third-party products or services on this Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. JFCA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- JFCA advertisers or third party information on this Site. |
| 9. Submissions |
| You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this Site, JFCA or JFCA’s products or services (collectively, “Submissions”) that are provided by you in the form of email or otherwise are non-confidential and shall become the sole property of JFCA. JFCA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. |
| 10. Registration Data; Account Security |
| In order to access certain areas of this Site, you must create an account and you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this Site (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to JFCA, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to JFCA. |
| 11. Indemnification |
| You agree to defend, indemnify and hold harmless JFCA, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of this Site, (b) any Submissions you provide, (c) your violation of these Terms or any other terms, policies or guidelines of JFCA, (d) your violation of any rights of another, or (e) your conduct in connection with this Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. |
| 12. Disclaimer |
12.1 Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY JFCA, THIS SITE, THIS SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JFCA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THIS SITE. JFCA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. JFCA DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JFCA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE JFCA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THIS SITE AND THE SERVICES SAFE, JFCA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
12.2 Reservation of Right.
JFCA reserves the right to change any and all content contained in this Site and any products or services offered through this Site at anytime from time to time without any notice or consent in its sole and absolute discretion. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by JFCA.
12.3 Exception.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. |
| 13. Limitation of Liability |
| IN NO EVENT SHALL JFCA, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM JFCA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JFCA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JFCA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JFCA FOR ACCESS TO OR USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. |
| 14. Indemnification |
| You shall defend, indemnify and hold harmless JFCA, and each of its current, former and future affiliates, officers, directors, shareholders, employees, creditors, fiduciaries, agents, employees, partners, attorneys, representatives, promoters, heirs, predecessors, successors and assigns from any and all claims, demands, costs, expenses, obligations, damages or causes of action of any nature, including reasonable attorneys' fees and costs, arising directly or indirectly from: (a) your breach of any term or condition set forth in these Terms; (b) your violation of any federal, state or local law in connection with this Site; and/or (c) damages to any third party caused by your negligent or intentional acts or omissions in connection with this Site. |
| 15. Modification of this Site |
| JFCA reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of this Site, at anytime from time to time without any notice or consent in its sole and absolute discretion. Any changes or modifications will be effective immediately upon posting the revisions on this Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of this Site. If you do not agree to the amended terms, you must stop using this Site. If you have any questions regarding the use of this Site, please contact us by emailing info@jfcausa.org. |
| 16. Applicable Law |
| These Terms and you use of this Site shall be governed by and construed in accordance with the laws of the State of California. |
| 17. Arbitration |
| It is important that you read this section carefully. In the unlikely event that any complaint or problem you have concerning JFCA is not resolved through communications with JFCA, you and JFCA each agree to resolve disputes through binding arbitration. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any controversy or claim arising out of or relating to these Terms shall be resolved by final and binding arbitration in accordance with the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), but the parties do not necessarily intend for the AAA to administer the arbitration. Any such arbitration may be conducted using telephonic, online or in-person procedures of the AAA, for which additional charges may apply. Any in-person arbitration will be conducted in the state where the product or service is provided. The allocation of costs and fees for such arbitration shall be determined in accordance with the AAA rules. The arbitration shall be conducted by a single, neutral arbitrator engaged in the practice of law who is mutually agreed upon by the parties. Judgment on the arbitration award may be entered in any court having competent jurisdiction. |
| 18. Termination |
| Notwithstanding any of these Terms, JFCA reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future your access to and use of this Site. |
| 19. Severability |
| If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. |
| 20. Entire Agreement |
| These Terms (a) constitute the final, complete and exclusive understanding and agreement between you and JFCA with respect to the subject matter of these Terms; and (b) supersedes all prior and contemporaneous understandings or agreements between you and JFCA, whether written or oral, with respect to the subject matter of these Terms. You have not been induced to enter into these Terms by, nor are you relying on, any representation or warranty outside those expressly set forth in these Terms. |
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