Please read this page carefully. This page states the Terms of Service under which you, the website visitor who are of legal drinking age (hereinafter “you” or “visitor”) may access and use our services and website (“Takara Sake USA” and “Takara Sake USA Online Store”), the content of which is owned by or licensed to Takara Sake USA, Inc. (“Takara Sake USA”), and is operated and administered by Takara Sake USA. By using our services and website, you agree to be bound by all of the Terms of Service set forth below. If you do not accept these Terms of Service, please do not use our services and website. Takara Sake USA may, in its sole discretion, revise these Terms of Service at any time; therefore, you should visit this page periodically to review these Terms of Service.
YOU MUST BE OF LEGAL DRINKING AGE TO USE THIS WEBSITE. IF YOU ARE NOT OF LEGAL DRINKING AGE, DO NOT AGREE TO THESE TERMS OF SERVICE, OR IF YOU LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE.
This website seeks to provide information about our company, products and services for your convenience only. Although Takara Sake USA strives for timeliness and accuracy in all of the materials on the website, it makes no representations, warranties, or assurances as to the availability, accuracy, timeliness, or completeness of this website or its contents. Takara Sake USA shall not be liable for any damages or injury resulting from your access to, inability to access, or use of our services and website, including, without limitation, any damages or injury arising from any links to other sites contained within or referred to in this website.
Use of Takara Sake USA, Inc. and/or registration for Takara Sake USA, Inc. is void where prohibited. You may use Takara Sake USA, Inc. only if you are of legal drinking age and can form a binding contract with Takara Sake USA and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use Takara Sake USA, Inc. only in compliance with these Terms of Service and all applicable, local, state, federal, and international laws, rules and regulations.
These Terms of Service, and any posted revision to these Terms of Service, shall remain in full force and effect while you use Takara Sake USA, Inc. or are a registered user. You may terminate your account at any time, for any reason. Takara Sake USA may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Takara Sake USA reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of Takara Sake USA, Inc. at any time, for any or no reason, with or without prior notice or explanation, and without liability. Takara Sake USA expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of Takara Sake USA, Inc. if Takara Sake USA determines, in its sole discretion, that you have violated these Terms of Service or pose a threat to Takara Sake USA, its employees, business partners, users or the public. Even after your registration is terminated, these Terms of Service will remain in effect.
You are responsible for safeguarding the password that you use to access Takara Sake USA, Inc. and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another user at any time or to disclose your password to any third party. You agree to notify Takara Sake USA immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Takara Sake USA cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Takara Sake USA welcomes your comments on its website and content. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Information”), the Information shall be deemed, and shall remain, Takara Sake USA’s property. By submitting any Information to the website, you assign such Information to Takara Sake USA and we shall exclusively own all now known or hereafter existing rights to such Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you.
As a user of this website, you are responsible for your own communications and the consequences of submitting them. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
TAKARA SAKE USA CONTENT
Takara Sake USA, Inc. contains Content of Takara Sake USA (“Takara Sake USA Content”). Takara Sake USA Content is protected by copyright, trademark, patent, trade secret and other laws of both United States and foreign laws, and Takara Sake USA and its licensors own and retain all right, title and interest in and to the Takara Sake USA Content and Takara Sake USA, Inc. Takara Sake USA hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Takara Sake USA Content (excluding any software code) solely for your personal use in connection with viewing our website and using Takara Sake USA, Inc. You may not sell or modify Takara Sake USA Content or reproduce, display, distribute, or otherwise use Takara Sake USA Content in any way for any public or commercial purpose. Use of Takara Sake USA Content on any other site or in a networked environment is prohibited.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
Takara Sake USA respects the intellectual property rights of others and expects users of Takara Sake USA, Inc. to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. Accordingly, Takara Sake USA, Inc. complies with the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.): If you believe that any content on our website constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged DMCA and other copyright infringements appearing on Takara Sake USA, Inc. is: Takara Sake USA, Inc., 708 Addison Street, Berkeley, CA 94710. Email: firstname.lastname@example.org
Takara Sake USA, Inc. contains links to sites owned by third parties. These links are posted on the Takara Sake USA website with the consent of such third parties. These links are provided solely as a convenience to you and are not an endorsement by Takara Sake USA of the contents of those other sites. Takara Sake USA is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this site, you do so at your own risk.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
PRICING AND CONTENT INFORMATION
While Takara Sake USA strives to provide accurate pricing information, pricing or typographical errors may occur. Takara Sake USA cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Takara Sake USA shall have the right, at Takara Sake USA’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Takara Sake USA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Takara Sake USA attempts to be accurate in its product descriptions. However, Takara Sake USA does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return
it in unused condition.
QUANTITY LIMITS AND DEALER SALES
Takara Sake USA reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Takara Sake USA also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Service, reselling shall be defined as purchasing or intending to purchase any product(s) from Takara Sake USA for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Takara Sake USA has made significant efforts to accurately display the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Takara Sake USA does not represent or warrant that Takara Sake USA, Inc. will operate error-free or that our website or our server is free of computer viruses or other harmful material. If your use of Takara Sake USA, Inc. or Takara Sake USA, Inc.’s material results in the need for servicing or replacing of equipment or data, Takara Sake USA shall not be responsible for those costs. Takara Sake USA, Inc. and its material are provided on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties of any kind. TAKARA SAKE USA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, TAKARA SAKE USA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR PRODUCT OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, TAKARA SAKE USA DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TAKARA SAKE USA OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTIES MENTIONED IN THE WEBSITE CONTENT, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF TAKARA SAKE USA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TAKARA SAKE USA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify and hold Takara Sake USA, its subsidiaries, and affiliates, subcontractors and other partners, and their respective stockholders, members, directors, managers, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of Takara Sake USA, Inc. in violation of these Terms of Service or arising from your breach of these Terms of Service or any breach of your representations and warranties set forth in these Terms of Service or any Content that you submit or post on, through or in connection with Takara Sake USA, Inc.
GOVERNING LAW AND JURISDICTION
Takara Sake USA, Inc. originates from California. Takara Sake USA does not claim that the Content on Takara Sake USA, Inc. is appropriate or may be used outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access and use Takara Sake USA, Inc. from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We may change these Terms of Service from time to time. Unless stated otherwise, our current Terms of Service apply to your use of Takara Sake USA, Inc. If we make changes to these Terms of Service that, in our sole discretion, are material, we will provide you with notice as appropriate under the circumstances. By continuing to access or use Takara Sake USA after any changes to the Terms of Service become effective, you agree to be bound by the revised Terms of Service.
If you have any questions or inquiries about these Terms of Service, you may contact Takara Sake USA, Inc. with the information below
Takara Sake USA Inc. Headquarters
708 Addison Street
Berkeley, CA 94710
Phone: (510) 540-8250