TERMS OF SERVICE
OVERVIEW
This website is operated by ALPHABLEND. Throughout the site, the terms “we”, “us” and
“our” refer to ALPHABLEND. ALPHABLEND offers this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be
bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users
of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all
the terms
and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service
are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools
which are added to the current store shall also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part
of
these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this
page
periodically for changes. Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the
online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age of majority in your state or
province of
residence and you have given us your consent to allow any of your minor dependents to use this site.
You may
not
use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in
your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses
or
any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right
to refuse service to anyone for any reason at any time.
You understand that your content (not including
credit
card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes
to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always
encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any
portion of the Service, use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are
included
for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on
this site is not accurate, complete or current. The material on this site is provided for general information only
and
should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate,
more
complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have
no
obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products
are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party
for
any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and are subject to return or exchange only
according
to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of
our
products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right
to
limit the quantities of any products or services that we offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any
product at any time. Any offer for any product or service made on this site is void where prohibited.
We do
not
warrant that the quality of any products, services, information, or other material purchased or obtained by you will
meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders
that
use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may
attempt
to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
We
reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers
or
distributors.
You agree to provide current, complete and accurate purchase and account information for
all
purchases made at our store. You agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of
optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you
are
familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We
may also, in the future, offer new services and/or features through the website (including, the release of new tools
and
resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites
that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we
do
not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any
other materials, products, or services of third-parties.
We are not liable for any harm or damages related to
the
purchase or use of goods, services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices and make sure you understand
them
before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products
should
be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from
us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal
mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy,
publish,
distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under
no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond
to
any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our
sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable
or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will
not
violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself,
or
otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments
you
make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our
site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time without prior notice (including after
you
have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service
or
on any related website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that
your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that
the
results
that may be obtained from the use of the service will be accurate or reliable.
You agree that from
time to
time
we may remove the service for indefinite periods of time or cancel the service at any time, without notice
to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and
all
products and services delivered to you through the service are (except as expressly stated by us) provided
'as is'
and
'as available' for your use, without any representation, warranties or conditions of any kind, either
express or
implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness
for a
particular purpose, durability, title, and non-infringement.
In no case shall ALPHABLEND, our
directors,
officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be
liable
for
any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of
any
kind,
including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any
similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from
your
use of
any of the service or any products procured using the service, or for any other claim related in any way to
your use
of
the service or any product, including, but not limited to, any errors or omissions in any content, or any
loss or
damage
of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted,
or
otherwise
made available via the service, even if advised of their possibility. Because some states or jurisdictions
do not
allow
the exclusion or the limitation of liability for consequential or incidental damages, in such states or
jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ALPHABLEND and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all purposes.
These Terms of
Service are
effective unless and until terminated by either you or us. You may terminate these Terms of Service at any
time by
notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our
sole
judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms
of
Service,
we also may terminate this agreement at any time without notice and you will remain liable for all amounts
due up to
and
including the date of termination; and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right or provision.
These
Terms of
Service and any policies or operating rules posted by us on this site or in respect to The Service
constitutes the
entire agreement and understanding between you and us and govern your use of the Service, superseding any
prior or
contemporaneous agreements, communications and proposals, whether oral or written, between you and us
(including,
but
not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of
these
Terms
of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve
the
right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting
updates
and
changes to our website. It is your responsibility to check our website periodically for changes. Your
continued use
of
or access to our website or the Service following the posting of any changes to these Terms of Service
constitutes
acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at matsumoto@nakweb.jp.