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Yoshino Technology, Inc. Terms of Use

Overview

The following terms and conditions (“Terms”) govern all use of the Yoshino Technology, Inc. website and all content, services and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Yoshino Technology, Inc. (“Yoshino”). Yoshino grants you permission to use the Website subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Yoshino’s Privacy Policy) and procedures and warranties that may be published from time to time on this Website by Yoshino (collectively, the "Agreement").

Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of the Agreement, including these Terms. If you do not agree to all the terms and conditions of the Terms, then you may not access the Website or use any services. If these Terms are considered an offer by Yoshino, acceptance is expressly limited to these Terms.

1. Terms of Use. The Website is intended for use only by individuals in the United States of America. If you live in the European Union or any other location outside of the United States, the services provided under the Website are not available to you.

By accepting the Terms through your use of the Website, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Website under the supervision of a parent or legal guardian who has agreed to be bound by the Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by this Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Website, including all financial charges and legal liability that such child may incur.

You guarantee that you will not use our products for any illegal or unauthorized purpose.

If you violate any of these Terms, your use of the Website will be immediately terminated.

2. General Conditions. We reserve the right to refuse service to anyone at any time for any reason. You must get express written permission from us before reproducing, selling or exploiting any portion of the Website. You are aware that your content may be transferred unencrypted. Credit card information is always encrypted during transfer.

3. Products or Services. The images of our products are displayed in colors as true to life as possible. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the quantities of any products that we offer.

Product descriptions are subject to change without notice. Products may be discontinued at any time. Any offer for any product or service made on this site is void where prohibited.

In the future, we may offer new tools, services or features through the Website. Such new tools, features and services shall also be subject to these Terms of Service.

We do not guarantee that the quality of any products purchased from us will meet your expectations or that any errors in the Website will be corrected.

4. Changes to the Website or Prices. We reserve the right to modify or discontinue the Website at any time without notice. Prices for our products are also subject to change without notice.

5. Billing and Account Information. We reserve the right to refuse any order you place with us. If we do make a change to or cancel an order, we may attempt to notify you via the contact information provided at the time the order was made.

You agree to keep your email address, credit card numbers, expiration dates and other account information accurate and up-to-date so that we can complete your transactions and contact you as needed.

6. Personal Information. Any personal information you submit through the Website is governed by our Privacy Policy.

7. Errors and Omissions. From time to time our Website may contain information that is incorrect due to typographical errors, inaccuracies or omissions. We reserve the right to correct these errors by changing or updating information as necessary. We may cancel orders without prior notice if the information on the Website at the time of the order was inaccurate.

We have no obligation to update or correct information on this Website except as required by law.

8. Intellectual Property. All intellectual property and materials displayed or performed on the Website, including, without limitation, (i) all names, trade names, logos, service marks, trademarks and trade dress, and (ii) any software, text, graphics, news articles, photographs, images, illustrations, audio clips, video clips, compilations, user data or information, and other material, as well as the Website itself, including in each instance all modifications and enhancements thereof (all of the foregoing collectively, “Content”), is protected by U.S. and
international copyright and other laws and conventions, and is owned by or licensed to Yoshino. Accessing the Website does not confer and shall not be construed as conferring on you or anyone else any license to Yoshino’s or any third party’s intellectual property rights.

9. Third-Party Tools and Links. We may provide you with access to third-party tools, but we shall have no liability whatsoever arising from or relating to your use of these third-party tools. If you use any third-party tools, it is entirely at your own risk. Your use of third-party links or third-party websites is at your discretion. We do no examine or monitor these websites and do not take responsibility for any third-party materials or websites.

We are not liable for any harm or damages related to the use of any third-party websites. Please be aware that use of third-party websites is at your own risk and take the time to review all material related to these websites before using. Any complaints or questions about third-party websites should be directed to those websites.

10. Limitation of Liability. You agree that your use of the Website is at your own risk. We do not guarantee that the use of our service will be secure, uninterrupted or error-free. Yoshino shall have no liability for any failure or delay due to matters beyond their reasonable control. Occasionally we may remove the service for indefinite periods of time without notice to you. In no event will Yoshino Technology, Inc., our employees, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind.

BY USING THE WEBSITE, YOU AGREE TO WAIVE, TO THE FULLEST EXTENT
ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR THE FOREGOING DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE WEBSITE OR THIS AGREEMENT.

11. Indemnification. You agree to indemnify and hold harmless Yoshino, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website,
including but not limited to your violation of these Terms.

12. Severability. If any portion of these Terms is found to be unlawful or unenforceable, that portion will be severed from this document. The remaining portions will still be valid and enforceable.

13. Choice of Law; Arbitration. These Terms and your use of the Website shall be governed by the laws of the State of California, United States of America, without giving effect to any principles of conflicts of laws. By using the Website, you agree that any controversy or claim arising out of or relating to these Terms, the Website and your use thereof, shall be settled by arbitration conducted in Los Angeles County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

ACCORDINGLY, YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THE WEBSITE OR THESE TERMS.

14. Entire Agreement; Amendments. The Agreement, including these Terms, constitutes the entire agreement between Yoshino and you concerning the subject matter above, and each part of the Agreement, including these Terms, may only be modified by the posting of a revised version. The current version of each part of the Agreement, including these Terms, is available for review on this page at any time.

We may replace, change or update the Agreement, including these Terms, at any time by making changes to the relevant pages on the Website. It is your responsibility to examine these pages for changes. If you continue to use this Website after the changes are posted, it certifies your acceptance of these changes.

15.SMS Terms of Service

SMS Program.

Yoshino Technology, Inc. operates a text messaging program for marketing and other purposes (“SMS Program”). You may opt in and consent to receiving messages under the SMS Program by checking the consent box that appears during checkout and initializing a purchase, or by subscribing via our subscription tools. Opting in and consenting to receive messages is not a condition of purchase.

By opting in and consenting to participate in the SMS Program, you agree to receive recurring text notifications, even if your mobile number is registered on any state or federal “Do-Not-Call” list.

SMS Program Description.

Messages sent to you may include:

Messages relating to your order (including abandoned checkout reminders), order notifications and updates, reminders and other transaction-related messages; and
Promotional messages and marketing offers, including promotions, offers, specials, product information, other marketing messages, as well as follow-up messages, including follow-ups to abandoned checkouts and requests for reviews from us,

Messages may be sent by using an automated system, include by autodialing. Message frequency varies.

Opting Out.

You may opt out of the SMS Program at any time. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out.

Cost.

We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Help and Support.

For any questions or if you are experiencing any problems, please text HELP to the number you received the messages from. You can also contact us at customersupport@YoshinoPower.com. for more information. You may also receive help by contacting Yoshino Customer Support at 1-800-513-2797.

Modifications.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

Disclaimer.

The SMS Program is offered on an as-is basis and may not be available in all locations, at all times, or through all mobile phone service providers. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Privacy.

Your right to privacy is important to us. You can see our Privacy Policy https://yoshinopower.com/pages/privacy-policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Yoshino Technology, Inc. products or services, you agree that any controversy, claim, action, or dispute between you and Yoshino Technology, Inc. arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Yoshino Technology, Inc.’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Los Angeles County, California, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the State of California, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, California law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Yoshino Technology, Inc. s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to Yoshino Technology, Inc. 18529 E. Gale Ave. City of Industry, CA 91748. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Yoshino Technology, Inc. You are responsible for ensuring Yoshino Technology, Inc.’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Yoshino Technology, Inc. agree that you may bring or participate in Claims against Yoshino Technology, Inc. only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Yoshino Technology, Inc. agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

16. Contact Us

Questions about the Terms of Use should be sent to us at:

Yoshino Technology, Inc.
18529 E. Gale Ave.
City of Industry, CA 91748
Email: customersupport@YoshinoPower.com