Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY.
By i) using the Website (as defined in our Privacy Policy), ii) purchasing any products or services from Prosper Japan or Ribbon Hill G.K. (together, the “Company,” “we” or “us”) or iii) utilizing any of the products or services from the Company through the Website, you are deemed to have agreed to these Terms of Service. We reserve the right to modify them at any time. You should check these Terms of Service periodically for changes. By using the Website after we post any changes to these Terms of Service, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from the Company, the version of these Terms of Service that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms of Service, do not use the Website.
Date of last update: November 10, 2023
Limitation of Liability
These Terms of Service apply to your use of the Website, as well as to products and services purchased or utilized from the Website or the Company (the “Products” and the “Services,” respectively).
These Terms and Conditions apply only to this Website, and not to the sites of any other companies or organizations, including those to which this Website may link. We are not responsible for the availability of any other site to which this Website links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Website only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may send an email to connect (at) prosperjapan.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Website, at our discretion at any time.
THE SERVICES, PRODUCTS, AND MATERIALS ON OR FROM THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN OR VIA THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS, AND MATERIALS WITH SUCH SERVICES, PRODUCTS, AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS, AND MATERIALS.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, COUNTRY, OR OTHER JURISDICTION, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO OR VIA THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE WEBSITE.
We do not endorse, warrant or guarantee any products or services offered on the Website. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
No Personal Advice
The information contained in or made available through this Website (including but not limited to information contained on message boards, in blog posts, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, spiritual, financial, medical, business or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. And, you should consult a licensed financial advisor for all matters pertaining to your personal or business finances. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website (including but not limited to any product or service purchased, utilized or otherwise obtained from this Website). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Restrictions on Use
The contents of the Website are protected by intellectual property laws and are the property of their owners. All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, scripts, software, Company and brand names, and service names is the property of the Company or its content suppliers and protected by Japanese and international intellectual property laws, including but not limited to copyright, trademark, and trade dress laws. The compilation of all content on the Website is the exclusive property of the the Company and protected by Japanese and international intellectual property laws, including but not limited to copyright, trademark, and trade dress laws.
You may access the materials located within the Website only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Website.
You must abide by all additional copyright notices or other restrictions contained in any of the Website.
You agree not to do any of the following while using the Website:
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, fraudulent, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Website;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
- transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation.
User Public Forum Submission/Participation Policy and Terms
As a service to our users, this Website may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).
Prohibited Content
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with the Company that requires you to maintain the confidentiality of certain material or information of the Company. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which the Company has required you to preserve as confidential.
You are prohibited from posting or transmitting through the Website or our services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Grant of Rights
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of the Company or other information you are required to preserve as confidential by the Company, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted the Company, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that the Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns without notice or consent.
No Obligation to Monitor or Remove
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. The Company has no responsibility for such content and is merely providing access to such content as a service to you.
The Company does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the Company’s sole discretion.
The Company is not obligated to remove any content from the Website which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (email), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that the Company shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with the Company with differing terms or the Company has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING FORUMS.
No Endorsement
The Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
Company’s Right to Act
If the Company discovers communications which allegedly do not conform to any terms and conditions of this Website, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Website are available only through the Website and others are available both through the Website and other sources, such as Usenet, over which the Company has absolutely no control.
Parental Permission; Minimum Age Requirement
This Website is not directed to persons under the age of 13. The sale of any of the Website’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS’ PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Website to be at least 13 years of age, and and we hereby require all purchasers of the Company’s products and services to be at least 18 years of age or the legal age of majority in the user’s jurisdiction, whichever is higher. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Website. If you are accessing the Website, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of the Company, you represent that you are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is higher.
Orders
An order is not binding upon the Company until it is accepted. We reserve the right to refuse service to anyone for any reason at any time. The products and services are not available in jurisdictions where they are prohibited by law.
The Company must receive payment in full before it will accept an order. Payment is due prior to shipment of products ordered or provision of services. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
We reserve the right to cancel an order at any time prior to dispatch or rendering of Services, in the event of any unforeseen circumstances.
We accept the following methods of payment: Visa, MasterCard, American Express, PayPal, and Wise. Certain payment methods may be unavailable depending on your residential or shipping address, financial institution, credit status, or nationality.
All prices are subject to change without notice and are exclusive of any applicable taxes/VAT, customs duties, shipping fees, and other handling charges.
Processing & Shipping TIme
Products shipped by the Company may be shipped by EMS, Kuroneko, Japan Post, or by any other method in the sole and absolute discretion of the Company. A shipping charge may be imposed.
All orders require at least 48-72 business hours’ processing time after clearance of payment in full and before shipping. The Company does not process orders during weekends. No deliveries will be made on Saturday or Sunday. The Company does not guarantee same day shipping.
Products are typically delivered within seven to twenty business days after shipment, but the precise shipping and handling time will depend on the shipping destination, payment method, time of year, and other factors that are out of our control. Exact delivery times to any location cannot be guaranteed. We shall not be liable to the customer for any damages whatsoever that arise out of any shipping delays, payment disruptions, telecommunications or power outages, or any other manmade or natural disruptions.
Sales Taxes and VAT
All physical orders shipped within Japan will be charged consumption tax of 10%.
Customs Taxes
It is your responsibility to calculate the amount of customs charges, taxes, and duties that will be applied to your purchase by the customs authorities in your jurisdiction. The Company will not be liable to you for any such charges, taxes, or duties assessed on your order. You should direct any inquires or disputes over the applicability and calculation of such amounts to the relevant authorities.
All Sales Are Final
Customers may cancel their order within 24 hours of placing it, provided that the order has not yet been dispatched and we have not yet placed any third-party orders or incurred costs in connection with the order. To cancel an order, customers must send an email to concierge@prosperjapan.com with the order number and name. We reserve the right to refuse any cancellation request that lacks any of the required information and we shall not be liable to the customer for any damages of any kind for any such refusal or any failure to alert the customer of any incomplete cancellation request.
Product Listings
The Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product-related information contained herein or referenced on our website. Due to human error and other factors, we cannot guarantee that such information listed is entirely accurate, complete, or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, the Company shall at in its sole and absolute discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from the Company are provided as resources to customers looking for additional information and/or professional opinion. The Company does not assume responsibility for the claims and/or representations made on these or any other websites.
Product Revisions
The Company is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases the Company acts as a distributor for others. In the interest of our customers, the Company puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying factors which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, the Company relies on the manufacturer of a product to communicate these differences. Presently, we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, the Company will not be held responsible for product revision changes.
Title; Risk of Loss
The Company will arrange for shipment of ordered product(s) to you, Free On Board (F.O.B.) shipping point, meaning title to the product(s)—except software—and risk of loss passes to you upon delivery to the carrier. The Company reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow the Company to sign appropriate documents on your behalf to permit the Company to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. The Company will advise you of estimated shipping dates, but the Company will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from the Company, viewing such products, or otherwise using such products or services, you agree to be bound by the terms and conditions listed below. You and the Company agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the Company. Any attempt to alter, supplement, modify or amend these terms and conditions by you will be considered a material alteration of this agreement and, therefore, is null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from the Company.
WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”
THE COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES EXCEPT THOSE STATED IN THIS DOCUMENT. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCTS OR SERVICES, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS AND SERVICES SOLD THROUGH OR BY THE COMPANY ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Safety Information and Instructions for Use
All products must be used in accordance with the provided instructions and guidelines. Failure to do so can result in damage to person or property.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES, THE COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. THE COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE, OR EXEMPLARY DAMAGES, WHETHER OR NOT THE COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE
You acknowledge that the products and services sold by the Company are the confidential and proprietary information and property of the Company. You hereby agree to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the Company, you agree that you will not, nor will you allow others to, directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. These Terms of Service apply to you if you receive or have received any products or services of the Company, even if for free, or if you have communicated with the Company about the products or services of the Company.
You agree that no one may use these products and/or services in any manner without the written approval of the Company. You agree that your use is limited to your own personal use. In the event you disagree with these terms, you must immediately discontinue using the products purchased from the Company. Anyone viewing or otherwise utilizing the products of the Company by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with these Terms of Service. In the event that the Company discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by the Company remains information that you have an obligation to protect and maintain as confidential.
You represent and warrant that you are at least 18 years old. In the event that you are under 18 years old, you will immediately discontinue using the products and services purchased from the Company.
Authorization of Purchase
If you order anything via the Website, you are additionally agreeing to pay the amounts set forth therein or in any communication from the Company with respect of the same. You also agree that the Company may charge your credit card for such amounts, and you agree to the terms set forth on the relevant webpage and/or communication in addition to these Terms of Service.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms of Service or the sales transaction between the Company and yourself shall be governed by the laws of Japan, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. The Company and you consent to the exclusive jurisdiction and the exclusive venue of the Japanese district court with jurisdiction over the Company’s registered address to resolve any dispute related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such court. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the Company that is more than one year after the date of the applicable invoice.
Severability
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions hereof, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Japanese law.
Waiver
The failure of either party to require performance by the other party of any provision of these Terms of Service shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These Terms of Service (along with the incorporated Privacy Policy) are the complete and exclusive agreement between the the Company and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Company and you relating to the subject products. The Terms of Service may not be explained or supplemented by any prior course of dealings or trade by custom or usage.