terms and conditions

Welcome to akogaretradingco.com (the “Site”) which is owned and operated by Akogare Trading Co. (“Akogare”, “we” or “us”).  By using the Site you are agreeing to be bound by these Terms of Use.

 

Please read these Terms of Use carefully before using the Site. If you do not accept these Terms of Use, then you may not use the Site. 

These Terms of Use are subject to change by us at any time, effective when posted on the Site.  Your continued use after such notice will constitute acceptance by you of such changes.

USE OF THE SITE.  You may use this Site only subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.  You may not use this Site for commercial purposes, such as to promote a product or service, without our prior written consent.

Ability to Enter into this AgreementBy using the Site, you represent and warrant that you are over 18 years of age or the age of majority in your home state.

ACCEPTABLE USE. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use or disrupt the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site or circumventing security or user authentication measures.  You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page.   You may not resell use of, or access to, the Site to any third party.  

TERMINATION OF ACCESS.  In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

PRIVACY.  The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our privacy policy.

LINKS.  This Service may contain links to other web sites not maintained by us (including without limitation shopify.com).  We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit.  We are not responsible for the practices or the content of such other web sites or services. 

The existence of a link between this Site and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website. 

You agree that we shall not be liable to you or anyone else for any type of loss or damages, regardless of whether based on contract, negligence, intentional wrongdoing, or liability without fault for any costs, losses, or damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential, or punitive) arising out of or in any way in connection with your access to or use of any such third party site.

PRICING INFORMATION. While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

ORDER ACCEPTANCE. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We always make every effort to deliver to you the exact item that you purchased.  However, at times items are lost, stolen, or damaged.  If for any reason we are unable to deliver to you the item you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item subject to our refund policy located on the Site.

PRODUCTS. We make no warranties and assume no responsibility whatsoever with respect to the products sold on the Site. If you have any complaints or concerns about the product you have purchased, please contact the manufacturer.

OUR PROPRIETARY RIGHTS.  We or our licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms of Use are reserved by Akogare.

NO WARRANTIES.  THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE AND THE PRODUCTS MADE AVAILABLE THROUGH THE SITE.  THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT WE SHALL NOT BE BOUND BY ANY SUCH ERRORS.

FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INDEMNITY.  You agree to defend, indemnify and hold harmless Akogare, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any breach by you of any of these Terms of Use.

GOVERNING LAW.  The laws of the State of California shall govern these Terms of Use.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN LOS ANGELES, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.  

Any claims asserted by you in connection with the Site must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

SEVERABILITY.  If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES.  The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

International Access:  Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Site.  We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

CONTACT INFORMATION.  Should you have any questions, you may contact us at hello@akogaretradingco.com

EFFECTIVE DATE.  These Terms of Use were last updated on February 15, 2013.