Website Terms of Use – Sake Business Laboratory

1. WEBSITE DISCLAIMER

Welcome to our websites www.sakebizlab.com. The Website is operated by Sake Business Laboratory, Inc., a company registered in Japan (“we”, “us” or “our”). Our registered office is at 6-1-16, Zushi, Zushi-shi, Kanagawa-ken 249-0006 Japan. The following paragraphs indicate what your visit means both for us and for you.
These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms.

2. ACCESS to WEBSITE

We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.

We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.

3. REGISTERING AN ACCOUNT

When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

4. CLOSING AN ACCOUNT

If you wish to close an account you have registered with us, then you may do so by contacting our client services team from this form. We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate. Should we close your account, we will provide you notice of such closure.

5. RESTRICTIONS ON USE

Except to the extent permitted by these Terms you are not allowed to:

use the Website and anything available from the Website for unlawful purposes;
attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
otherwise do anything not expressly permitted by these Terms.

6. INTELLECTUAL PROPERTY

We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, license or publish it, in whole or in part, for any purpose without our prior written consent.

In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.

7. Exclusion of liability

The information contained in this website is only for informational purposes.

Nothing in these Terms shall exclude or limit our liability to you:

for death or personal injury caused by our gross negligence;
for any other liability that may not, under Japanese law, be excluded or limited.

Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

loss of business;
loss of revenue;
loss of profits;
loss of anticipated savings;
special loss; or
consequential loss.

We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.

The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

8. FILMING AND PHOTOGRAPHY

When you provide some film or photograph or when you partake in any filming or photographs which include your image, likeness, the sound of your voice and other personal information, then you will be providing your consent to the release of your personal information. You will also be agreeing that the footage may be edited and used by us, in whole or in part, in all media, including, but not limited to, DVD, Internet, television, radio and cable broadcast, and for all other purposes in perpetuity globally. You will not be compensated in any way for the use of your image, likeness and sound of voice and you release and hold harmless us from any claims or actions that arise as a result of this production.

9. GENERAL

If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

You may not sub-license or assign any of the rights or obligations under these Terms.

We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

10. LAW GOVERNING THE TERMS

Uses of this Website and these Terms shall be subject to the laws of Japan which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.

11. JURISDICTION

The Tokyo District Court shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.

12. CONTACTING US

Please submit any questions you have about these Terms or any problems concerning the Website by contacting us from this form.

THE FOLLOWING PROVISIONS APPLY ONLY TO RESIDENTS OF THE AMERICAS AND REPLACE ANY ABOVE PROVISION WITH THE SAME HEADING.

13. EXCLUSION OF LIABILITY

The information contained in this website is only for informational purposes.
Nothing in these Terms shall exclude or limit our liability to you for any liability that may not, under the laws of the State of New York, be excluded or limited.

Subject to the above, in no event do we accept any liability (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

loss of business;
loss of revenue;
loss of profits;
loss of anticipated savings;
special loss; or
consequential loss.

We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

14. GENERAL

If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

You may not sub-license or assign any of the rights or obligations under these Terms.

We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

15. LAW GOVERNING THE TERMS

The Website and these Terms are governed by the laws of the State of New York, USA, exclusive of its choice of law principles.

16. JURISDICTION

Any controversy, claim or dispute arising out of or relating to the service shall be settled solely and exclusively by individual binding arbitration in New York City, New York. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association. Each party shall bear its own attorney’s fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend these Terms. The arbitrator shall be required to follow applicable law. You agree that this arbitration clause shall be binding upon your family members, heirs, executors, administrators, successors, and assigns.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. You and we (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms shall be brought in the federal and state courts of record located in the State of New York, County of New York; (b) consent to the jurisdiction of each such court in any suit, action or proceeding; (c) waive any objection to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agree that these Terms are performed in the State of New York and shall be governed by the laws of New York.
You and us both agree that no lawsuit dispute or any other legal proceeding connected with these Terms shall be brought or filed more than six months after the incident giving rise to the claim occurred. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor us will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.