Terms of Use

Terms of Use

 

TERMS OF USE

Reins International (USA) Co., Ltd.

DBA GYU-KAKU

LAST UPDATED: JUNE 21, 2017

Reins International (USA) Co., Ltd. DBA GYU-KAKU and its respective PARENT, affiliate, AND subsidiarY COMPANies, divisions, or designees (“us,” “we,” or “GYU-KAKU”) is pleased to provide you with access to OUR websites, mobile or tablet websites, mobile or tablet applications, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, services, products, goods, equipment, and any other materials or any other online activities or platform we own or control (collectively, the “GYU-KAKU Site”).

PLEASE READ THE FOLLOWING TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THE GYU-KAKU SITE. The Terms of Use are a binding legal contract between you and Gyu-Kaku. All users of the Gyu-Kaku Site agree that access to and use of the Gyu-Kaku Site are subject to the following terms and conditions and other applicable law. If you do not agree to these Terms of Use, please do not use the Gyu-Kaku Site.

We may amend or revise these Terms of Use from time to time by posting an updated version. Your continued use of the Gyu-Kaku Site after we post any changes will constitute your acceptance of such changes. By accessing and using the Gyu-Kaku Site, you acknowledge that you have read and reviewed these Terms of Use in their entirety, you agree to these Terms of Use and Gyu-Kaku’s privacy policy, and these Terms of Use constitute binding and enforceable obligations on you.

  1. BINDING EFFECT. This is a binding agreement between you and Gyu-Kaku. By using the Gyu-Kaku Site, you agree to abide by these Terms of Use, as they may be amended by Gyu-Kaku from time to time in its sole discretion. Gyu-Kaku will post a notice on the Gyu-Kaku Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Gyu-Kaku Site and cease all use of the Gyu-Kaku Site. YOU AGREE THAT BY USING THE GYU-KAKU SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

IF YOU ARE BETWEEN THE AGES OF 13 TO 17 YEARS, YOU MUST ACCESS AND/OR USE THE GYU-KAKU SITE ONLY WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

  1. ELECTRONIC COMMUNICATION. The communications between you and Gyu-Kaku are electronic. You consent to receive communications from Gyu-Kaku in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
  2. PRIVACY POLICY. Gyu-Kaku respects your privacy and permits you to control the treatment of your personal information. A complete statement of Gyu-Kaku’s current privacy policy can be found by clicking here. Gyu-Kaku’s privacy policy is expressly incorporated into these Terms of Use by this reference. By using the Gyu-Kaku Site, you acknowledge that you have reviewed and understand Gyu-Kaku’s privacy policy and consent to the practices described in that policy.
  3. THIRD PARTY MOBILE DEVICE PROVIDERS. If you access the Gyu-Kaku Site using an iPhone or Android or any other third party device, you acknowledge that each of those third party mobile device providers (each, a "Mobile Device Provider") will not be responsible for any damages arising out of the failure of a Gyu-Kaku Site to operate as intended. Except as otherwise stated herein, when accessing any Gyu-Kaku Site by or through a Mobile Device Provider, you acknowledge and agree that: (A) these Terms of Use are between you and Gyu-Kaku, and not with the Mobile Device Provider; (B) Gyu-Kaku is solely responsible for the Gyu-Kaku Site, and not the Mobile Device Provider; (C) the Mobile Device Provider has no obligation to furnish any maintenance or support services related to any Gyu-Kaku Site; (D) in the event of any failure of the Gyu-Kaku Site to conform to any applicable warranty, you may (i) notify the Mobile Device Provider and the Mobile Device Provider will refund the applicable purchase price for the Gyu-Kaku Site to you; and (ii) to the maximum extent permitted by applicable law, the Mobile Device Provider will have no other warranty obligation whatsoever regarding the Gyu-Kaku Site; (E) the Mobile Device Provider is not responsible for addressing any claims you may have or any claims of any third party relating to any Gyu-Kaku Site or your possession, access, or use of the Gyu-Kaku Site, including but not limited to: (i) product liability claims; (ii) any claim that the Gyu-Kaku Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (F) in the event of any third party claim that the Gyu-Kaku Site or your possession, access, or use of the same infringes that third party's intellectual property rights, Gyu-Kaku will be responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms of Use; (G) the Mobile Device Provider and its subsidiaries are third party beneficiaries of these Terms of Use as they relate to your license to access the Gyu-Kaku Site, and that, upon your acceptance of these Terms of Use, the Mobile Device Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof; and (H) you shall comply with all applicable third party terms of service when using the Gyu-Kaku Site.
  4. Mobile Networks; Texting. When you access any Gyu-Kaku Site through a mobile network, such as one of our mobile applications, or you sign up for our text message programs, where available, your network or roaming provider's messaging, data, and other rates and fees may apply. Not all Gyu-Kaku Sites may work with your network provider or device. When you sign up to receive text messages from us, you acknowledge and agree you will receive such text messages using an auto-dialer to the number you provide, and that your express consent for us to send you text messages is not a condition of purchasing any Gyu-Kaku Site. You are free to opt-out of receiving text messages from us at any time.
  5. TRADE SANCTION LAWS AND REGULATIONS. You understand and acknowledge that Gyu-Kaku is required to follow applicable trade sanctions laws and regulations in all jurisdictions where it conducts business, including the general prohibition on engaging with certain governments, entities, groups, or individuals, often referred to as Specially Designated Nationals (“SDNs”), blocked persons, and/or denied party(ies), that are suspected to, or have, engaged in, or otherwise supported, terrorism, narcotics trafficking, or other identified nefarious activities. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
  6. USE OF SOFTWARE. Gyu-Kaku may make certain software available to you from the Gyu-Kaku Site, including Gyu-Kaku’s mobile applications. If you download, install, or use software from the Gyu-Kaku Site, access or use the Gyu-Kaku Site, or use any of the content available within the Gyu-Kaku Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Gyu-Kaku, for your personal, noncommercial use only. Gyu-Kaku grants you a non-exclusive, non-transferable, revocable license to access the Gyu-Kaku Site, to download and use the Software, and to access the content within the Gyu-Kaku Site according to the Terms of Use. Gyu-Kaku does not transfer the title or the intellectual property rights to the Software, and Gyu-Kaku retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Gyu-Kaku or its licensors and you may not copy or use them in any manner. Additional terms and conditions that govern our Gyu-Kaku mobile application and enrollment and participation in our Rewards Program can be found here.
  7. USER CONTENT; LICENSE TO USE USER CONTENT. The Gyu-Kaku Site may offer you the opportunity to post reviews, comments, questions, photos, images, audio, video, personally identifiable information and generate other content (“User Content”).

If you do post User Content or submit material, and unless we indicate otherwise, you grant Gyu-Kaku a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. Further, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other User Content to the Gyu-Kaku Site, you are granting Gyu-Kaku, its affiliates, officers, managers, members, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet and mobile application related business of Gyu-Kaku, its affiliates, officers, managers, members, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and otherwise exploit User Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Gyu-Kaku Site and on third party sites and platforms including but not limited to Open Table, Facebook, Instagram, and Twitter), in any number of copies and without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Content in connection with any marketing, advertising, promotion, product packaging, printed or digital publications, events and associated materials, television and digital commercials, videos, social media websites, or on our websites. We are not, however, obligated to use your User Content.

You will not be compensated for any User Content. You agree that Gyu-Kaku may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Gyu-Kaku Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You further warrant and represent that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Gyu-Kaku, its affiliates, officers, managers, members, employees, consultants, agents, and representatives, for all claims resulting from User Content you supply. Gyu-Kaku reserves the right but not the obligation to monitor and edit or remove any activity or content, including the User Content. Gyu-Kaku takes no responsibility and assumes no liability for any User Content posted by you or any third party.

  1. INAPPROPRIATE CONTENT. You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (A) is libelous, defamatory, obscene, pornographic, abusive, invasive of privacy, threatening, or infringing of intellectual property rights or otherwise injurious to third parties; (B) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (C) advertises or otherwise solicits funds or is a solicitation for goods or services; or (D) contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Gyu-Kaku reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions, advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Gyu-Kaku Site are those of the respective author(s) or distributor(s) and not of Gyu-Kaku. Gyu-Kaku reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Gyu-Kaku Site, and, if applicable, to delete any such material from its servers. Gyu-Kaku intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  2. YOUR ACCOUNT. If you are required to open an account to use or access the Gyu-Kaku Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Gyu-Kaku immediately on any unauthorized use of your account, user name, or password. Gyu-Kaku shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Gyu-Kaku, its affiliates, officers, managers, members, employees, consultants, agents, and representatives, due to someone else’s use of your account or password. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
  3. NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THE GYU-KAKU SITE, INCLUDING WITHOUT LIMITATION, ANY websites, mobile or tablet websites, mobile or tablet applications, electronic services, social networking sites, interactive features, software, technology, tools, content, promotions, services, products, goods, equipment, and any other materials or any other online activities or platform we own or control ARE PROVIDED AS-IS AND AS AVAILABLE, WITH ALL FAULTS, AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND.

GYU-KAKU AND OUR affiliates, officers, managers, members, employees, consultants, agents, and representatives, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES. GYU-KAKU IS MAKING THE GYU-KAKU SITE AVAILABLE “AS-IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GYU-KAKU SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GYU-KAKU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GYU-KAKU SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. GYU-KAKU DOES NOT WARRANT THAT THE GYU-KAKU SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GYU-KAKU SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GYU-KAKU SITE IS AT YOUR SOLE RISK.

CERTAIN APPLICABLE STATE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR affiliates, officers, managers, members, employees, consultants, agents, and representatives, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

  1. LIMITED LIABILITY. GYU-KAKU’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GYU-KAKU OR ANY OF OUR affiliates, officers, managers, members, employees, consultants, agents, or representatives (COLLECTIVELY, THE “GYU-KAKU PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE GYU-KAKU SITE OR ANY OTHER MATERIALS, PRODUCTS, GOODS, OR SERVICES PROVIDED TO YOU BY GYU-KAKU. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), or any other legal theory or form of action EVEN IF GYU-KAKU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT GYU-KAKU PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, GYU-KAKU PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF GYU-KAKU PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS AND/OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU.

CERTAIN APPLICABLE STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. AFFILIATED SITES. Gyu-Kaku has no control over, and no liability for any third party websites or materials. Gyu-Kaku works with a number of third party partners and affiliates, whose Internet sites may be linked with the Gyu-Kaku Site. Because neither Gyu-Kaku nor the Gyu-Kaku Site has control over the content and performance of these partner and affiliate sites, Gyu-Kaku makes no guarantees about the accuracy, currency, content, policies, promotions, products, services, or quality of the information provided by such third party sites, and Gyu-Kaku assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Gyu-Kaku Site, you may have access to content items (including, but not limited to websites or "social media" sites such as Open Table, Facebook, Instagram, Twitter, etc.) that are owned by third parties. You acknowledge and agree that Gyu-Kaku makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, policies, promotions, products, services, failures, actions, damages, losses, problems, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE GYU-KAKU SITE AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. GYU-KAKU ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS, AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.
  2. INDEMNITY - Although you are entering into this Terms of Use with us, we do use third party individuals and organizations to assist us, including contractors, web hosts, app developers, and others. For example, our web host stores the information that you provide us, including your personal information, and we may hire outside contractors to perform maintenance or assist us in securing our website, or, our online and mobile interface provider develops and hosts a mobile application for us, which includes the storage of your personal information. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under these Terms of Use. For this reason, you hereby agree that every authorization that you grant to us in these Terms of Use, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the Gyu-Kaku Site or its underlying files or systems. You agree not to hold us liable for the actions or omissions of any of these third parties, even if we would normally be held vicariously liable for their actions or omissions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Gyu-Kaku reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users or customers. To the extent the law permits, you release us from any claims or liability related to any content and/or User Content posted on the Gyu-Kaku Site and from any claims related to the conduct of any other users or customers of ours. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "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."

Although you are entering into this Terms of Use with us, we do use third party individuals and organizations to assist us, including contractors, web hosts, app developers, and others. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website, or, our online and mobile interface provider develops and hosts a mobile application for us. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under these Terms of Use. For this reason, you hereby agree that every authorization that you grant to us in these Terms of Use, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the Gyu-Kaku Site or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

  1. ALLEGED VIOLATIONS. Gyu-Kaku reserves the right to terminate your use of the Gyu-Kaku Site. To ensure that Gyu-Kaku provides a high quality experience for you and for other users of the Gyu-Kaku Site, you agree that Gyu-Kaku or its representatives may access your account, if applicable, and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Gyu-Kaku Site. Gyu-Kaku does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Gyu-Kaku reserves the right to terminate your account, if applicable, or your access to the Gyu-Kaku Site immediately, with or without notice to you, and without liability to you, if Gyu-Kaku believes that you have violated any of the Terms of Use, furnished Gyu-Kaku with false or misleading information, or interfered with use of the Gyu-Kaku Site by others.
  2. PROHIBITED USES. Gyu-Kaku imposes certain restrictions on your permissible use of the Gyu-Kaku Site. You are prohibited from violating or attempting to violate any security features of the Gyu-Kaku Site, including, without limitation, (A) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (B) attempting to probe, scan, or test the vulnerability of the Gyu-Kaku Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (C) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Gyu-Kaku Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (D) using the Gyu-Kaku Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (E) forging any TCP/IP (i.e., Transmission Control Protocol/Internet Protocol) packet header or any part of the header information in any e-mail or in any posting using the Gyu-Kaku Site; or (F) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Gyu-Kaku in providing the Gyu-Kaku Site. Any violation of system or network security may subject you to civil and/or criminal liability.
  3. OWNERSHIP OF THE GYU-KAKU SITE. The Gyu-Kaku Site (including past, present and future versions) and all content that are included in, on, or that are otherwise a part of the Gyu-Kaku Site (collectively, the "Content") are owned, controlled or licensed by Gyu-Kaku, and its parent, subsidiary, and affiliate companies, divisions, or designees.
  4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Gyu-Kaku Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Gyu-Kaku Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
  5. COPYRIGHT INFRINGEMENT. We respect the intellectual property of others, and we ask you to do the same. Gyu-Kaku has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Gyu-Kaku Site. If you are a copyright owner or an owner's agent and find any content on the Gyu-Kaku Site that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). Gyu-Kaku has adopted a policy that provides for the immediate suspension and/or termination of any Gyu-Kaku Site user who is found to have infringed on the rights of Gyu-Kaku or of a third party, or otherwise violated any intellectual property laws or regulations. Gyu-Kaku’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Gyu-Kaku to delete, edit, or disable the material in question, you must provide Gyu-Kaku with all of the following information in writing: (A) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (B) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (C) identification of the material that is claimed to be infringed 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 Gyu-Kaku to locate the material; (D) information reasonably sufficient to permit Gyu-Kaku to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (E) a statement 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 (F) 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 owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Gyu-Kaku’s designated agent at:

Reins International (USA) Co., Ltd. dba Gyu-Kaku
Attn: Website Administrator

1225 West 190th Street, Suite 375
Gardena, California, 90248, USA
Email: contact@gyu-kaku.com

  1. COPYRIGHT. All Content included in or made available through the Gyu-Kaku Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the exclusive property of Gyu-Kaku or its content suppliers and protected by United States and international copyright laws. The compilation of all Content included in or made available through the Gyu-Kaku Site is also the exclusive property of Gyu-Kaku and protected by United States and international copyright laws. Without limitation, Gyu-Kaku owns a copyright in the selection, coordination, arrangement, and enhancement of the Content on the Gyu-Kaku Site. All Content of the Gyu-Kaku Site is: Copyright © 2017 Gyu-Kaku. All rights reserved.
  2. TRADEMARKS. All trademarks, service marks, trade names, and trade dress of Gyu-Kaku used on the Gyu-Kaku Site are trademarks or registered trademarks of Gyu-Kaku. Gyu-Kaku's trademarks and trade dress may not be used in connection with any product or service that is not Gyu-Kaku's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gyu-Kaku. Without Gyu-Kaku’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to Gyu-Kaku or its respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Gyu-Kaku, unless and except as is expressly provided in these Terms of Use. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Gyu-Kaku Site.
  3. YOUR ACCESS TO THE GYU-KAKU SITE. Subject to your compliance with the Terms of Use, we grant you a limited license to access and make personal use of the Gyu-Kaku Site. You are expressly prohibited from: (A) any resale or commercial use of the Gyu-Kaku Site, the Content, and/or any of the other contents or materials found thereon; (B) any collection and use of any information posted on the Gyu-Kaku Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to Gyu-Kaku or any commercial purpose, including marketing; (C) any downloading or copying of Gyu-Kaku Site or account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (D) deep-linking to any portion of the Gyu-Kaku Site; (E) framing or utilizing framing techniques to enclose any portion of the Gyu-Kaku Site without express written consent; (F) using the Gyu-Kaku Site to access or collect any personally identifiable information, including account names, e-mail addresses or other such information for any purpose, including, without limitation, commercial purposes; (G) attempting to gain access to secured portions of the Gyu-Kaku Site to which you do not possess access rights; (H) using the Gyu-Kaku Site to generate unsolicited e-mail advertisements or spam; or (I) using any automatic or manual process to search or harvest information from the Gyu-Kaku Site, or interfering in any way with the proper functioning of the Gyu-Kaku Site.

Any unauthorized use of the Gyu-Kaku Site, Content, and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms of Use. Except as provided herein, nothing contained on the Gyu-Kaku Site should be understood as granting you a license to use any of the copyright, trademarks, service marks, or logos owned by Gyu-Kaku or by any third party.

  1. TERMINATION. Either you or we may terminate your access to the Gyu-Kaku Site and to your account at any time, with or without cause, and with or without prior notice. If you want to terminate your legal agreement with Gyu-Kaku, you may do so by: (A) notifying Gyu-Kaku at contact@gyu-kaku.com or (B) closing your accounts for all of the Gyu-Kaku Site services that you use. Without limiting the foregoing, we may terminate your access if you violate these Terms of Use. Upon termination for any reason, your right to access and/or use our Gyu-Kaku Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account, including, without limitation, any User Content. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to the Gyu-Kaku Site and to your account and/or as a result of the deletion of any information, files, or materials in or related to your account.
  2. GOVERNING LAW. You agree that all matters relating to your access to or use of the Gyu-Kaku Site, including all disputes, are governed by and construed in accordance with the laws of the United States and the State of California, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
  3. DISPUTE RESOLUTION.
  4. Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Gyu-Kaku arising out of, relating in any way to, or in connection with the Terms of Use, the Gyu-Kaku Site, or any products, goods, services, or other materials offered or distributed through the Gyu-Kaku Site (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Gyu-Kaku are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this subsection (A) or subsection (D). The provisions of this section shall constitute your and Gyu-Kaku’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). Any modification to this Agreement shall be in writing and signed by you and Gyu-Kaku. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling (800) 778.7879. The arbitrator will apply and be bound by these Terms of Use, apply applicable law and the facts, and issue a reasoned award.

To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection (E) and send a letter requesting arbitration and describing your claim to our registered agent. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Gyu-Kaku will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, Gyu-Kaku will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.

Contact information for Gyu-Kaku’s registered agent for Disputes/Arbitration is as follows:

Hiratsugu Aiba
307 Lewers Street, #210
Honolulu, HI 96815

  1. No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
  2. Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Los Angeles County, California; (ii) you and Gyu-Kaku irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Gyu-Kaku agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Gyu-Kaku agree to waive any right to a trial by jury.
  3. Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 9 (Inappropriate Conduct) or Section 16 (Prohibited Uses) of the Terms of Use.
  4. Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
  5. Severability. With the exception of subsection (B) above, if any part of this section is ruled to be unenforceable, then the balance of this section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If subsection (B) above is ruled to be unenforceable, then subsection (A) shall be deemed unenforceable, but the rest of this section shall remain in full effect.
  6. Jury Trial and Class Action Waiver. To the fullest extent permitted by law, you waive the right to a trial by jury with respect to any dispute arising out of or relating to these Terms of Use or your ACCESS and use of the Gyu-Kaku Site. You further agree that any and all disputes or controversies between you and Gyu-Kaku shall be resolved on an individual basis without resort to any form of class action and shall not be consolidated with the claims of any other parties. Your waiver of the right to bring any dispute as a class action shall not be deemed unenforceable even if the governing state law would otherwise permit the action to be filed and prosecuted as a class action.
  7. SEVERABILITY; WAIVER. If any provision of these Terms of Use, or the application thereof to any person, place, or circumstance, will be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms of Use, and, provided that the fundamental terms and conditions of these Terms of Use remain legal and enforceable, the remainder of these Terms of Use and such provisions as applied to other persons, places, and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
  8. CALIFORNIA USE ONLY. The Gyu-Kaku Site is controlled and operated by Gyu-Kaku from its offices in the State of California. Gyu-Kaku makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Gyu-Kaku Site should not be construed as Gyu-Kaku’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
  9. INTERNATIONAL USE. We control and operate the Gyu-Kaku Site from our offices in the State of California, United States of America, and all information is processed within the United States. We do not represent that materials on the Gyu-Kaku Site are appropriate or available for use in other locations. Those who choose to access the Gyu-Kaku Site from outside the United States do so voluntarily and are responsible for compliance with their local laws.
  10. CALIFORNIA USERS – CONSUMER RIGHTS NOTICE. Under California Civil Code Section 1789.3, users of the Gyu-Kaku Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

You may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at Reins International (USA) Co., Ltd. dba Gyu-Kaku, Attn: Website Administrator, 1225 West 190th Street, Suite 375, Gardena, California, 90248, USA, e-mail: contact@gyu-kaku.com.

  1. MODIFICATIONS. Gyu-Kaku may, in its sole discretion and without prior notice, (A) revise these Terms of Use; (B) modify the Gyu-Kaku Site; and (C) discontinue the Gyu-Kaku Site at any time. Gyu-Kaku shall post any revision to these Terms of Use to the Gyu-Kaku Site, and the revision shall be effective immediately on such posting. We will also revise the “Last Updated” date found at the beginning of this Terms of Use when we post changes to it. You agree to review these Terms of Use and other online policies posted on the Gyu-Kaku Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Gyu-Kaku Site following notice of any revision, you shall abide by any such revision. These Terms of Use were last modified as of the date “Last Updated”, above.

 

  1. ENTIRE AGREEMENT. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable, or sublicenseable by you except with our prior written consent. Any heading, caption, or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. In the event of any conflict between these Terms of Use and any other Gyu-Kaku terms and conditions, the terms of these Terms of Use shall govern. If you have any questions or comments regarding these Terms of Use, please contact us at: contact@gyu-kaku.com.

 

  1. BY ACCESSING THE GYU-KAKU SITE, INCLUDING BY USING ANY SERVICES OR ORDERING ANY PRODUCTS OR PARTICIPATING IN ANY ACTIVITY OFFERED THROUGH THE GYU-KAKU SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.