TERMS OF SERVICE

 

Welcome to the ICHIBANYAUSA.COM (the "Site").  ICHIBANYAUSA provides its information and services to you subject to the following conditions.  Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service ("TOS") and the linked Privacy Policy.  We strongly recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS.  This TOS is effective upon acceptance.  Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site.   If you do not agree to be bound by this TOS and the Privacy Policy, you shall not use the Site in any way.

 

1.  Description of Services. 
In the Site, ICHIBANYAUSA provides users with access to information and sales of various items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges).  In addition, you must provide and are responsible for all equipment necessary to access the Site.

 

2.  License and Site Access. 
ICHIBANYAUSA grants you a limited license to access and make personal use of the Site and the Service.  This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in ICHIBANYAUSA's sole discretion) an unreasonable or disproportionately large load on ICHIBANYAUSA's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.  You may not bypass any measures used by ICHIBANYAUSA to prevent or restrict access to the Site.    

Furthermore, this license are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  Any unauthorized use by you shall terminate the permission or license granted to you by ICHIBANYAUSA.

 

3.  User Eligibility. 
ICHIBANYAUSA’s Service is not available to minors under the age of 18 or to any users suspended or removed from the system by ICHIBANYAUSA for any reason.  If you do not qualify, you may not use the ICHIBANYAUSA.COM Service or the Site.

 

4.  Your Account. 
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify ICHIBANYAUSA immediately of any unauthorized use of your account or any other breach of security. ICHIBANYAUSA reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

 

5.  Disclaimer of Warranty.
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

ICHIBANYAUSA does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than ICHIBANYAUSA, (b) any content provided on linked sites, or (c) the capabilities or reliability of any product or service obtained from a linked site.

Other than as required under applicable consumer protection law, under no circumstance will ICHIBANYAUSA be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site.  It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

 

6.  Limitation of Liability. 
You expressly understand and agree that ICHIBANYAUSA and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ICHIBANYAUSA has been advised of the possibility of such damages), resulting from use of the site, content or any related services.

 

7.  Indemnity. 
You agree to indemnify and hold ICHIBANYAUSA (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.

 

8.  Electronic Communication. 
When you use the Site or send emails to ICHIBANYAUSA, you are communicating with ICHIBANYAUSA electronically. You consent to receive communications electronically from ICHIBANYAUSA.  ICHIBANYAUSA will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

 

9.  Links. 
The Site or third parties may provide links to other World Wide Web sites or resources (the “Links”). Because ICHIBANYAUSA has no control over such sites and resources, you acknowledge and agree that ICHIBANYAUSA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ICHIBANYAUSA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.  You use all Links at your own risk, and should use caution and discretion in doing so. When you click on any of the Links, be sure to read and acknowledge the terms and policies of the Links, including their privacy and data gathering practices.

 

10.  Access To Password Protected/Secure Areas. 
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.  Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 

11.  Modification and Notification of Changes.
 
ICHIBANYAUSA reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If ICHIBANYAUSA makes a material modification to this TOS, it will notify you by: (i) sending an email to the address associated with your account. ICHIBANYAUSA is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add ICHIBANYAUSA.COM to the list of domains approved to send you email (commonly known as your "whitelist"); and/or (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and/or (ii) being deemed sufficient notification, of such changes.  After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the historical modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site.  If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

 

12.  Trademarks. 
ICHIBANYAUSA is a trade name and registered trademark of ICHIBANYA USA, INC., a California corporation, and the trademarks, logos and service marks displayed on the Site (collectively called  "Marks") are the property of ICHIBANYA USA, INC. and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of ICHIBANYA USA, INC. or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

 

13.  Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

 

14.  General.
IIf any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time, ICHIBANYAUSA may offer special promotional offers which may or may not apply to your ICHIBANYAUSA account.  You agree to be bound by any additional terms and conditions for these special offers which can be found in the Site. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and ICHIBANYAUSA will be governed by the laws of the State of California without regard to its conflict of law provisions. You and ICHIBANYAUSA agree to submit to the personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with this TOS. The failure of ICHIBANYAUSA to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. ICHIBANYAUSA does not guarantee it will take action against all breaches of this TOS.  Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and ICHIBANYAUSA and governs your use of the Site, superseding any prior agreements between you and ICHIBANYAUSA with respect to the Site.

 

Copyright © 2018. ICHIBANYA USA, INC.

All Rights Reserved.

EFFECTIVE AS OF AUGUST 1, 2018