BY USING THIS WEBSITE YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH OUR TERMS OF USE AND PRIVACY POLICY, AS BOTH MAY BE AMENDED FROM TIME TO TIME. TOGETHER, THESE DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CALPIS CO, LTD., A CORPORATION WITH ITS PRINCIPLE OFFICE LOCATED IN TOKYO JAPAN, IN CONNECTION WITH THE USE OF THIS WEBSITE.
You must be at least 18 years old to use this Website. Calpis Co., Ltd. (“Calpis” or “we”) may update or modify these Terms of Use from time to time without any prior notice to you, so please check these Terms of Use for changes.
Website Content
All content at this Website, including but not limited to, images, graphics, text, source and object code, and similar materials, as well as their selection, display, and arrangement (collectively or individually referred to as the “Website Content”) is the property of Calpis, its subsidiaries, affiliated companies, or licensees. You agree that you will not download, copy, distribute, transmit or modify any Website Content for any purpose other than for non-commercial personal use, or otherwise for commercial use that is authorized by Calpis in writing. Furthermore, nothing in these Terms of Use grants you any license in or rights to, any copyrights, trademarks, patents, trade secrets, know-how, or other proprietary rights owned or used by Calpis or third parties. Apart from the material governed by our Privacy Policy, any content or information that you might transmit or provide to us over this Website irrevocably shall become the property of Calpis , and may be used by us for any purpose, and without limitation or liability.
Site Rules of Conduct
You agree that you will not:
- Upload, email or in any way transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
- Interfere with the operation, or compromise the security of the Website in any way, including, but not limited to the use of viruses, Trojans, key-stroke trackers, software programs or technology designed to bypass security, copy or crack passwords, obtain information from the Website and its servers, or otherwise disrupt or damage software or hardware; or
- Use a robot, spider or other process, software, system or device to hack, procure, mine, or extract any data from the Website, including, but not limited to user information, email addresses, and Website activity.
Product Information and Availability
This Website is accessible worldwide, and may contain information about products that are not currently available in your region, as not all products are available everywhere and at all times. That product information is posted at the Website is not a representation or guaranty that such products are or will be available in any particular region.
The Services and Website are Provided “As Is”
Calpis cannot and does not guarantee or warrant that the Website Content, or any files or links available or accessible at the Website will be free of errors, viruses, worms, Trojan horses or other code that may contaminate, track, damage, or compromise your hardware or software. The Website Content may further have factual inaccuracies, omissions, or typographical errors that we may correct from time to time as they come to our attention, but you agree and acknowledge that we will not be liable for any such inaccuracies, errors or omissions.
ALL CONTENT AT THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CALPIS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SITE WILL FUNCTION UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE, ANY LINKS FROM OR TO THE SITE, OR THE SERVERS USED IN CONNECTION WITH IT ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS OR PROGRAMS.
CALPIS FURTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING DIRECT OR INDIRECT USE OF CONTENT OR INFORMATION ON THE SITE, OR ITS ACCURACY OR RELIABILITY. CALPIS MAKES NO WARRANTIES THAT YOUR USE OF SUCH CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS.
LIMITATIONS OF LIABILITY
YOU AGREE AND ACKNOWLEDGE THAT CALPIS, ALONG WITH ITS SUBSIDIARIES, AFFILIATED COMPANIES, LICENSORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, IN CONNECTION THE INFORMATION AND CONTENT AT THIS WEBSITE, AND THE OPERATION (OR FAILURE TO OPERATE) OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF CALPIS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. APART FROM WILLFUL AND MALICIOUS TORTIOUS ACTS, YOU AGREE THAT THE COLLECTIVE LIABILITY OF CALPIS (AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS) TO ANY PARTY (OR PARTIES, IN THE EVENT THAT A CLAIM OR SEVERAL CLAIMS ARISE(S) FROM A SINGLE ACT OR OMISSION) SHALL NOT EXCEED $100 FOR ANY CLAIM(S) ARISING OUT OF YOUR, OR OTHERS’, USE OF THIS WEBSITE, INCLUDING CLAIMS ARISING FROM LINKS TO OR FROM THIS WEBSITE.
Some jurisdictions do not allow limitations of liability, so the foregoing paragraph may not apply to you.
Information at the Website is Not Medical Advice
The information, statements and postings at the website are not evaluated by the Federal Food and Drug Administration (the “FDA”), and are not meant to substitute for the advice of doctors, nurses or other medical professionals. Should you seek medical advice or treatment, please consult with your physician. Nothing at the Website should be taken to be a diagnosis, course of treatment, cure, or preventative measure for any symptoms, ailment, condition or malady, and by using this Website, you agree that you will not rely on it as such.
Framing & In-Line Linking Prohibited
You may not “frame” or in-line link any Website Content or portion of this Website without our express written authorization.
No Endorsement
We do not endorse, and are not responsible for any goods or services offered (or any content or information provided) at websites of third parties that advertise at our Website, or to whose sites we otherwise provide links.
No Orders
This Website is not meant to be interactive, and is not for placing orders for products. No orders or offers will be accepted through this Website. The terms of any order between you and Calpis (or Calpis U.S.A., as applicable) will be governed by the terms of a Supply Agreement and/or Purchase Order to be negotiated and signed by you and Calpis (or Calpis U.S.A., as applicable)
Contract and Claim Enforcement and Severability
If any provision of these Terms of Use or the Privacy Policy is held to be invalid or unlawful, it shall be deemed severed from the remainder of the Terms of Use, which shall continue in full force and effect.
Governing Law
This Terms of Use Agreement and all rights and obligations hereunder will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles, and the exclusive venue for any dispute arising out of use of this Website shall be a court of competent jurisdiction in the State of California, located in Orange County.