Reins International (USA) Co., Ltd.
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”).
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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."
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- DISPUTE RESOLUTION.
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:
307 Lewers Street, #210
Honolulu, HI 96815
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: email@example.com.