TERMS & Conditions
Last Updated: June 26, 2021
TERMS AND CONDITIONS
YOUR USE OF OUR WEBSITES ARE GOVERNED BY THESE TERMS & CONDITIONS.
You are interacting with our Websites (defined below), which is operated by Hissho International, LLC (“Hissho International”), These Terms & Conditions govern your use of any online service location that posts a link to these Terms & Conditions and all Features, Content, and other services that we own, control and make available through such online service locations (collectively, the “Websites”). By using the Websites, you accept the Websites’ Privacy Notice and these Terms & Conditions, and consent to the collection and use of your data in accordance with the Privacy Notice. In some instances, both the Terms & Conditions and separate terms will apply to your use of the Websites (“Additional Terms”). To the extent there is a conflict between these Terms & Conditions and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
- Proprietary Rights.
- All right, title and interest in the Websites, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Hissho International or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the Websites, in whole or in part. In using the Websites, you must respect the intellectual property and other rights of Hissho International and others. Your unauthorized use of Content (defined below) may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Hissho International respects the intellectual property rights of others.
- If you believe that your work has been infringed by means of an improper posting or distribution of it via the Websites, then please see the Section entitled DMCA Notice – Notice and Procedure for Making Claims of Copyright Infringement below. These Terms & Conditions and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Websites. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Hissho International and its licensors and other third parties. Any unauthorized use of any Content or the Websites for any purpose is prohibited.
- The Websites (including past, present, and future versions) and all content included on the Websites, such as menus, guides, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of Hissho International or its suppliers or licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Hissho International owns a copyright in the selection, compilation, assembly, coordination, arrangement and enhancement thereof. All Content is also protected by U.S. and international trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
- License and Access. Subject to your strict compliance with these Terms & Conditions and the Additional Terms, Hissho International grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of the Websites and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the Unlawful or Prohibited Uses section below. You may download, print, and copy Content for such authorized personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Websites or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Hissho International’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
- Trademarks. Hissho, Oumi, Sushi with Gusto, and other related marks, design marks, product names, feature names and related logos used in the Websites are trademarks of Hissho International and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Hissho International. In addition, the look and feel of the Websites constitutes the service mark, trademark and/or trade dress of Hissho International and may not be copied imitated or used, in whole or in part, without the express prior written permission of Hissho International. Hissho International’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Hissho International or suggests a sponsorship, affiliation or endorsement by Hissho International. All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
- Unlawful or Prohibited Uses. The Websites may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Websites, you warrant to Hissho International that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Hissho International, YOU MAY NOT:
- Make any commercial use of the Websites or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
- download, copy, or transmit any Content for the benefit of any other merchant;
- use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Websites;
- frame, mirror, or use framing techniques on any part of the Websites or its Content;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
- use any meta tags or any other hidden text utilizing Hissho International’s name or trademarks;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Websites, or express or imply that we endorse any statement you make;
- use a buying agent to conduct transactions on the Websites;
- conduct fraudulent activities on the Websites;
- violate or attempt to violate the security of the Websites, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the Websites; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Websites, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Websites (impersonating the Websites) or to the Websites (impersonating another user);
- send unsolicited or unauthorized email on behalf of Hissho International, including Promotions and/or advertising of products or services;
- tamper with the Websites or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Websites or any activity being conducted on the Websites;
- use the Websites to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the Websites;
- restrict or inhibit any other person from using the Websites (including, without limitation, by hacking or defacing any portion of the Websites);
- use the Websites to advertise or offer to sell or buy (other than from Hissho International) any goods or services;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Websites;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Websites;
- create any derivative works of the Content except as expressly authorized by Us; or
- remove any copyright, trademark, or other proprietary rights notice from the Websites or materials originating from the Websites.
- Your Account. You may be required to register with Hissho International in order to access certain services or areas of the Websites. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Websites or submit personal information to us. If you are required to register with Hissho International, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the Websites, 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. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. In addition to all other rights available to Hissho International including those set forth in these Terms & Conditions, Hissho International reserves the right, in its sole discretion, to terminate or suspend your account, refuse service to you, or cancel orders. The information you submit in connection with your account, and that is associated with your account, is subject to our Privacy Notice.
- Modification and Termination.
- Hissho International may at any time in its sole discretion without notice or liability: (i) modify, suspend or discontinue any part of the Websites; or (ii) offer opportunities to some or all Websites users. Hissho International reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Websites. Each time you use the Websites, you should review the current Terms & Conditions. Your continued use of the Websites will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Websites will not be applied retroactively. With respect to any such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
- Hissho International reserves the right, without notice and in its sole discretion, to suspend or terminate your account or your use of the Websites and to block or prevent future access to and use of the Websites (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Websites will immediately cease.
- You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Websites. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
- User Content. If the Websites allows you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including personal information (“User Content”) through or to the Websites, Hissho International welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
- You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Hissho International assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion without notice or any liability to you or any third party: (i) monitor, review, display, post, store, maintain, accept or otherwise make use of User Content; (ii) alter, remove, reject, delete, move, re-format or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. Without limitation, we may do so to address User Content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms & Conditions or any applicable Additional Terms. Such User Content submitted by you or others need not be maintained on the Websites by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Websites or elsewhere, except that California minors have certain rights to have certain Content about them that they have themselves posted on the Websites prospectively removed from public display.
- You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Hissho International does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Hissho International’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms & Conditions or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
- In your communications with Hissho International, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, books, other products or services or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. In addition, Hissho International retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Hissho International’s receipt of your Unsolicited Ideas and Materials is not an admission by Hissho International of their novelty, priority, or originality, and it does not impair Hissho International’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
- For any User Content you submit, you grant to Hissho International a non-exclusive, unrestricted, unconditional, unlimited, worldwide, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free and cost-free, transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense (through multiple levels), broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation or other obligation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Hissho International the right, without any obligation, to include the name provided along with the User Content submitted by you. In order to further effect the rights and license that you grant to Hissho International to your User Content, you also hereby grant to Hissho International, and agree to grant to Hissho International, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.
- Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and Content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
- Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. In addition, you represent and warrant that you are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Hissho International the rights to it that you are granting by these Terms & Conditions and any Additional Terms, all without any Hissho International obligation to obtain consent of any third party and without creating any obligation or liability of Hissho International.
- You grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Hissho International’s cost and expense, to which you hereby consent and irrevocably appoint Hissho International as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
- Content is also provided by third party visitors to the Websites. Please note that visitors to the Websites may post content that is inaccurate, misleading, or deceptive. Hissho International neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Hissho International will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Hissho International.
- You are solely responsible for your interaction with other users of the Websites, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
- DMCA Notice – Notice and Procedure for Making Claims of Copyright Infringement. Hissho International’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Websites can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
- If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Hissho International’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Hissho International that your copyrighted material has been infringed via the Websites. Hissho International does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Hissho International will respond by either taking down the allegedly infringing content or blocking access to it. Hissho International may contact the notice provider to request additional information. Under the DMCA, Hissho International is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Hissho International a counter-notification. Notices and counter-notices are legal notices distinct from regular Websites activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
- To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice. A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
- Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Websites. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I 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”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Be signed; and
- Be sent to our DMCA designated agent at the following address: DMCA Designated Agent:
- Third Parties.
- Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Websites (including on or via Third Party Websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Hissho International disclaims all liability in connection therewith.
- Links by You to The Websites. We may grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Websites, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the Content on your website do not suggest any affiliation with Hissho International or cause any other confusion, and (c) the links and the Content on your website do not portray Hissho International or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain Content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Hissho International. Hissho International reserves the right to suspend or prohibit linking to the Websites for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
- Messaging and Location-Based Features. The Websites may offer certain features and services that are available to you via your telephone, tablet, computer, or other device or wireless device (“Device(s)”). These features and services may include the ability to access the Websites’ features and upload Content to the Websites, receive messages, and download applications to your Device (collectively, “Features”). You agree that we may send communications via such Features or apps to your Device regarding us or other parties. Further, we may collect information related to your use of the Features. If you have registered via the Websites for Features, then you agree to notify Hissho International of any changes to your contact information (including phone number) and update your accounts on the Websites to reflect the changes. The Websites may include push notifications or other mobile communication capability and you hereby approve our delivery of electronic communications directly to your Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your Device through your Device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Features and certain Features may be incompatible with your carrier or Device. Contact your carrier with questions regarding these issues.
- You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology.
- If you subscribe to text messages you represent that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian.
- Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them.
- You may cancel or modify our e- marketing communications you receive from us by following the instructions contained within our promotional messages. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Websites, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
- If you have enabled GPS or use other location-based features on the Websites, you acknowledge that your Device location may be tracked consistent with the Privacy Notice. You can terminate Device location tracking by our mobile app by uninstalling the mobile app, and control some location tracking via the app by using app and/or Device setting. Our store finder feature may access and use information about your Device location (such as based on IP address), or your account information, to suggest appropriate store locations. Websites Content may be personalized based on various information we may have about you to try to provide you with more location-relevant Content. The location-based services offered in connection with the Websites are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. Location-based services are used at your own risk and location data may not be accurate.
- Disclaimers of Warranties. As permitted by applicable law, Hissho International cannot and does not represent or warrant that the Websites or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, WEBSITES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES (COLLECTIVELY, THE “WEBSITE CONTENTS”) ARE PROVIDED BY HISSHO INTERNATIONAL ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HISSHO INTERNATIONAL AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, SUPPLIERS, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “HISSHO INTERNATIONAL PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITES (INCLUDING THE CONTENT AND THE USER CONTENT); (B) THE FUNCTIONS, FEATURES, OR ANY OTHER ELEMENTS ON, OR MADE ACCESSIBLE THROUGH, THE WEBSITES; (C) ANY PRODUCTS, SERVICES, OR INSTRUCTIONS OFFERED OR REFERENCED AT OR LINKED THROUGH THE WEBSITES EXCEPT AS APPLICABLE HISSHO PARTIES MAY OTHERWISE EXPRESSLY PROVIDE IN WRITING; (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF YOUR USER CONTENT TRANSMITTED TO HISSHO INTERNATIONAL OR VIA THE WEBSITES; (E) WHETHER THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS (INCLUDING VIRUSES, TROJAN HORSES, AND OTHER TECHNOLOGIES THAT COULD ADVERSELY IMPACT YOUR DEVICE); (F) WHETHER THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITES ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, OR RELIABLE; (G) WHETHER ANY DEFECTS TO OR ERRORS ON THE WEBSITES WILL BE REPAIRED OR CORRECTED; (H) WHETHER THE WEBSITES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE, SOFTWARE OR SERVICE; (I) WHETHER YOUR ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED; (J) WHETHER THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; AND (K) WHETHER YOUR USE OF THE WEBSITES ARE LAWFUL IN ANY PARTICULAR JURISDICTION.
AS PERMITTED BY APPLICABLE LAW, HISSHO INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES, THE ACCURACY OR COMPLETENESS OF THE WEBSITES CONTENT, OR THAT EMAILS SENT FROM HISSHO INTERNATIONAL ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES ARE AT YOUR SOLE RISK AND THAT HISSHO INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITES OR THE WEBSITES CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY HISSHO INTERNATIONAL IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, HISSHO INTERNATIONAL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITES AND THE WEBSITES CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HISSHO INTERNATIONAL PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HISSHO INTERNATIONAL PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) HISSHO INTERNATIONAL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HISSHO INTERNATIONAL PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HISSHO INTERNATIONAL PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE WEBSITES, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY HISSHO INTERNATIONAL.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE WEBSITES, HISSHO INTERNATIONAL DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITES AND THAT YOU CONSULT THE PRODUCT’S LABEL IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE WEBSITES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HISSHO INTERNATIONAL BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WEBSITE, ANY PRODUCTS, WEBSITES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY THIRD PARTY WEBSITES, OR ANY LINK CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- Jurisdictional Issues. The Websites are controlled and operated by Hissho International from the United States, and are not intended to subject Hissho International to the laws or jurisdiction of any state, country, or territory other than that of the United States. Hissho International does not represent or warrant that the Websites or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Websites, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Websites’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Release. We provide information through the Websites for your information and enjoyment. Your use of the Websites is voluntary. You agree to use your good judgment and reasonable care prior to making any dietary changes or other changes to your lifestyle. By using the Websites, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
- As permitted by applicable law, you knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Hissho International, its employees, agents, any related affiliate and/or subsidiary entities (“collectively the “Hissho International Parties”) from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information and materials offered by Hissho International through the Websites.
- Notwithstanding anything to the contrary and for the purposes of clarity, this section does not expand or limit any express, written product terms that are provided by Hissho International Parties or their suppliers with regard to a physical product sold to you by the Hissho International Parties or liability for direct damages for personal injury caused by a product manufactured, sold or provided by the Hissho International Parties or to the extent liability is not waivable or cannot be limited under applicable law.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY HISSHO INTERNATIONAL PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (A) THE WEBSITES (INCLUDING THE CONTENT AND THE USER CONTENT); OR (B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES, OR THE PERFORMANCE OF THE WEBSITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE WEBSITES, CONTENT, USER CONTENT OR OTHER HISSHO INTERNATIONAL PRODUCTS OR WEBSITES, EXCEPT FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANU