Terms of Use
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. 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@yoshino-power.com