Terms and Condition of use

 

This website (the “Site”) is owned and operated by yukajapanika.com (“yukakakinuma.com” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

 

Privacy

Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at: https://www.yukajapanika.com/privacy-policy/

Electronic Communications


When you visit yukajapanika.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, invoices, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.

 

Site Contents

We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the website for your personal use. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of yukajapanika.com (collectively, referred to as “yukajapanika.com”).  You may not use any meta-tags or any other “hidden text” utilizing the yukajapanika.com name without the express written consent of yukajapanika.com.  Any unauthorized use terminates the permission or license granted by yukajapanika.com.

We reserve the right to change any information, features and functions of this website without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.  Use of the site for any illegal or unauthorized purpose is strictly prohibited.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

No Medical Advice

The information contained on this website, or provided at your request, is provided for informational purposes only. Individual’s experiences are different on testimonials. While we may offer some products on this website that are classified as food, beverage, or dietary supplements products regulated by the Food and Drug Administration, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease.  We do not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information, Workshops, events, webinars, private sessions, exercise advice, diet advice and nutritional advice found or received through this website should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner.

Errors

Any information contained on this site is intended solely as a service offering suggestions and make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the outcome. All content, including images, are the sole possession of the owner of this website. Copyright laws are enforced.

Price Change

All prices are subject to change without notice. We reserve the right to charge the price on any mispriced products or correct any mistakes on our websites. We do our best to avoid errors but sometimes they are unavoidable.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of yukajapanika.com or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of yukajapanika.com, with copyright authorship for this collection by yukajapanika.com, and protected by international copyright laws.

 Third Party Links. 

From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled yukajapanika.com or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.

Infringement of Your Copyright  

 If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs you to another web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent, as follows:

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement.

Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent for notifications, Copyright Agent, Yukajapanika@gmail.com

(a)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

(b)   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

(c)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(d)   Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(e) A statement that the complaining party has 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.

(f)  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(g) Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.

(h)  It is our policy to terminate the accounts of any user who is a repeat infringer or who is repeatedly charged with infringement, whether or not such charges are accurate, in appropriate circumstances, as we shall determine in our sole judgment.

User Information.

 Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Web Site that is view able by the public (e.g., in the Customer Reviews section) is not subject to this Web Site's Privacy Statement and is considered User Communications. We and our respective affiliates and our or their designee may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You agree that that all User Communications are truthful, that you have obtained the consent of anyone appearing in any User Communications with you, and that any User Communications will not infringe on or violate the rights of any person or entity. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Communications, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Communications for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Yukajapanika.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Reviews, Comments, Emails, and Other Content

Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of, or contain 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 a card or other content. Yukajapanika.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant yukajapanika.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant yukajapanika.com and its associates and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify yukajapanika.com or its associates for all claims resulting from content you supply. Yukajapanika.com has the right, but not the obligation, to monitor and edit or remove any activity or content. Yukajapanika.com has no responsibility and assumes no liability for any content posted by you or any third party. 

Disclaimer of Warranties and Limitation of Liability 

THIS SITE IS PROVIDED BY YUKAJAPANIKA.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YUKAJAPANIKA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YUKAJAPANIKA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROOT YUKAJAPANIKA.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM YUKAJAPANIKA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YUKAJAPANIKA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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. 

Applicable Law

By visiting yukajapanika.com you agree that the laws of the state of California, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and disputes of any sort that might arise between you and yukajapanika.com or its associates.

Disputes

Any dispute relating in any way to your visit to yukajapanika.com or to products you purchase through yukajapanika.com shall be submitted to confidential arbitration in the state of California, United States, except that, to the extent you have in any manner violated or threatened to violate yukajapanika.com intellectual property rights, yukajapanika.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration Proceedings or otherwise.

Severability

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Termination 

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
 Indemnity

You agree to indemnify and hold yukajapanika.com and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
 

General. 

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement. 

These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between yukajapanika.com and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

 

Questions

If you have any questions concerning our Terms & Conditions policy or the content of any of our other yukajapanika.com policies you should contact us through our Contact Us tab located on this website.

Copyright ©2020 Yuka Kakinuma, RN.

All Rights Reserved.

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