TERMS OF SERVICE

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Welcome to the internet sites/mobile sites of THE SAKE LAB ("THE SAKE LAB"). THE SAKE LAB includes THE SAKE LAB, and other internet sites/mobile sites affiliated with THE SAKE LAB (each a "THE SAKE LAB” site). Each “THE SAKE LAB” site is operated by THE SAKE LAB, and its affiliates (collectively referred to herein as "we," "us," or "our").

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Please note that your use of the “THE SAKE LAB” site is subject to the following terms ("terms of service"). If you do not agree with any of these terms of service, do not access or otherwise use this “THE SAKE LAB” site or any information or materials contained on the site. Your use of the “THE SAKE LAB” site shall be deemed to be your agreement to abide by each of the terms set forth below. The terms of service may be updated by “THE SAKE LAB” from time to time with or without notice to you. Your continued use of the “THE SAKE LAB” site indicates acceptance of any modifications to the terms of service.

 

User obligations

You agree not to do any of the following while using the “THE SAKE LAB” site:

• Intentionally or unintentionally violate any applicable law or regulation.

• Access, tamper with, or use nonpublic areas of the “THE SAKE LAB” site or “THE SAKE LAB”'s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.

• You will not access the “THE SAKE LAB” site with any manual or automated process for any purpose other than to purchase “THE SAKE LAB” products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the “THE SAKE LAB” site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.

• Frame or link to the “THE SAKE LAB” site except as permitted in writing by “THE SAKE LAB”.

 

The sale of alcoholic beverages

“THE SAKE LAB” does not sell alcohol to persons under the age of 21. By using this site, you swear and affirm that you are over the age of 21. “THE SAKE LAB” makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you are acknowledging that the person receiving a shipment of alcoholic beverages from “THE SAKE LAB” is over the age of 21. If you do not agree with these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age to provide alcohol to a person under the age of 21 “THE SAKE LAB” will prosecute you fully to the extent allowable by law.

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Title and ownership

Title to, and ownership of, all alcohol passes from “THE SAKE LAB” to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the alcohol, “THE SAKE LAB” is providing a service to and acting on behalf of the purchaser. By utilizing this service from “THE SAKE LAB”, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of alcohol. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.

 

Third party content and monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this “THE SAKE LAB” site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of “THE SAKE LAB”. “THE SAKE LAB” neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this “THE SAKE LAB” site by anyone other than authorized “THE SAKE LAB” employees acting in their official capacities.

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Parental control protections

As required by the communications decency act of 1996, “THE SAKE LAB” hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors. Among the many companies that provide internet blocking and screening software are cyberpatrol, netnanny, surfwatch, and guardone. “THE SAKE LAB” does not sponsor or endorse any of these companies or their services.

 

Links

The “THE SAKE LAB” site may contain links to other web sites or resources. You acknowledge and agree that “THE SAKE LAB” is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the “THE SAKE LAB” site does not imply that “THE SAKE LAB” endorses the linked site.

 

Returns & Exchanges

Abiding by laws and regulations of FDA and <California Food Code> of California Department of Health, due to the specialty of goods being sold (Japanese sake), all sales are final and are not eligible for return or refund. We care about every customer’s food safety and make sure that every customer has access to the highest quality of food. We apologize for all the inconvenience.

 

Damaged in shipment

If you receive your alcohol and it has been damaged during shipment, please email us within 3 days of receiving the shipment. Include a description of the damages and include pictures, FedEx damage claim number. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.

 

Refunds

Abiding by laws and regulations of FDA and <California Food Code> of California Department of Health, due to the specialty of goods being sold (Japanese sake), all sales are final and are not eligible for return or refund. We care about every customer’s food safety and make sure that every customer has access to the highest quality of food. We apologize for all the inconvenience.

 

Terms - changes, termination and liability

Agreement changes: “THE SAKE LAB” may in its discretion change and update these terms, “THE SAKE LAB”'s general terms of service and privacy policy, or any aspect of subscription, without prior notice to you. However, any increase in the subscription fee will not apply until your subscription is renewed. If you cancel your subscription before the effective date of these changes, “THE SAKE LAB” will give you a prorated refund of your subscription fee based on the number of full months remaining in your subscription period. This refund option does not apply to any other changes “THE SAKE LAB” may make. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

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Disclaimer of warranties: you expressly understand and agree that: (a) the product is provided on an “as is” and “as available” basis and “THE SAKE LAB” expressly disclaims all warranties, conditions and terms of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the product, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; (b) the released parties make and give no warranty that (i) the product will meet your requirements, (ii) the product will be uninterrupted, timely, secure, or error-free, and (iii) the quality of any products, services, information, or other material obtained by you through the service will meet your expectations, and (c) any material downloaded or otherwise obtained through the use of the product is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

 

Sign-in credentials: users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur using them. Users agree to notify “THE SAKE LAB” immediately if they suspect unauthorized access to their account. Users agree that “THE SAKE LAB” will not be liable for any loss or damage arising from unauthorized use of their credentials.

 

Right to cancel, modify or terminate: we reserve the right to cancel, modify or terminate the service at any time for any reason. We reserve the right to disqualify any user at any time from participation in the service if he/she does not comply with any of these terms.

 

Protection of content provided by “THE SAKE LAB” and its licensors

All text, prices, graphics, logos, icons, images, audio clips and software on the “THE SAKE LAB” site ("site content") are copyrighted materials owned by or licensed to “THE SAKE LAB”. The site content may contain trademarks, service marks and trade names which are owned by “THE SAKE LAB” and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any events described in the site content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by “THE SAKE LAB”, its affiliates, or third parties. "“THE SAKE LAB”" is a trademark of “THE SAKE LAB”. Unless authorized in writing by an officer of “THE SAKE LAB”, “THE SAKE LAB”'s trademarks may not be used in connection with any product or service that is not “THE SAKE LAB”'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “THE SAKE LAB”. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the site content in any way for any public or commercial purpose without prior written consent of “THE SAKE LAB” or the rights holder. You may not use the site content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the site content will automatically terminate, you must immediately destroy any copies you have made of the site content, and we may end your authorization to use the “THE SAKE LAB” site. Nothing contained in the “THE SAKE LAB” site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("ip rights") of “THE SAKE LAB”, its affiliates, or any third party, and, except as provided in these terms of service, the exercise of all such ip rights in the services, products, processes or technologies described in the site content are expressly reserved to “THE SAKE LAB”, its affiliates, and/or any third party, as applicable.

 

Copyrights and designated agent for notification of claims of infringement

“THE SAKE LAB” respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide “THE SAKE LAB”'s designated agent the following information:

“THE SAKE LAB”'s policy concerning claims of infringement

Written notice of copyright claims.

Claims of infringement should be in writing and should be directed to “THE SAKE LAB”'s designated agent as specified below. Please include the following information:

• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.

• A description of the copyrighted work that you claim has been infringed.

• A description of where the material that you claim is infringing is located on the site.

• Your address, telephone number, and email address.

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Notices

“THE SAKE LAB” will give you any necessary notices by posting them on the “THE SAKE LAB” site. You authorize “THE SAKE LAB” to send notices via electronic mail as well if “THE SAKE LAB” decides, in its sole discretion, to do so. You agree to check the “THE SAKE LAB” site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the “THE SAKE LAB” site.

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Disclaimer of warranties

Although “THE SAKE LAB” endeavors to provide current, accurate and reliable information on the “THE SAKE LAB” site, it does not warrant or make any representations regarding the events or the accuracy, reliability or any use of information on the “THE SAKE LAB” site. “THE SAKE LAB” does not warrant that your use of the “THE SAKE LAB” site, or the operation or function of the “THE SAKE LAB” site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements.

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Your use of the “THE SAKE LAB” site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. “THE SAKE LAB” and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the “THE SAKE LAB” site. The “THE SAKE LAB” site content provided "as is" and "as available" without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.

 

Limitation of liability

In no event shall “THE SAKE LAB” and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the “THE SAKE LAB” site, the use or performance of the “THE SAKE LAB” site, the delay or inability to use the “THE SAKE LAB” site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the “THE SAKE LAB” site, or otherwise arising out of the use of the “THE SAKE LAB” site, whether based on contract, tort, negligence, strict liability or otherwise, even if “THE SAKE LAB” or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of the “THE SAKE LAB” site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the “THE SAKE LAB” site. This sole and exclusive remedy is separate and independent of any other provision that limits “THE SAKE LAB”'s liability or your remedies.

 

Privacy policy

Your use of the “THE SAKE LAB” site is governed by the “THE SAKE LAB” privacy policy.

 

No responsibility to sell mispriced products or services

“THE SAKE LAB” shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate, or refund, or containing any other incorrect information or typographical errors. “THE SAKE LAB” shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, “THE SAKE LAB” shall immediately issue a credit to your credit card account in the amount of the charge.

 

Modifications to prices or billing terms

“THE SAKE LAB” reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.

Force majeure

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“THE SAKE LAB” shall be excused from performance under this terms of service if “THE SAKE LAB” is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this terms of service by reason of: (a) any provision of any present or future law or regulation or order of the united states of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of god, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of “THE SAKE LAB”.

 

The following provisions shall survive any termination of these terms of service: no warranty from “THE SAKE LAB”, limitation of liability, indemnity and general provisions.

 

General provisions

You agree that “THE SAKE LAB” and its licensors may make improvements and/or changes in the site content and services or events described in this site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the “THE SAKE LAB” site may not be legal by certain persons or in certain countries. If any provision of these terms of service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of “THE SAKE LAB” to enforce any right or provision in these terms of service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by “THE SAKE LAB” in writing. The terms of service, along with the “THE SAKE LAB” privacy policy, comprises the entire agreement between you and “THE SAKE LAB” and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These terms of service are personal to you and you may not transfer, assign, or delegate these terms of service to anyone without the express written permission of “THE SAKE LAB”. Any attempt by you to assign, transfer, or delegate these terms of service without the express written permission of “THE SAKE LAB” shall be null and void. These terms of service will inure to the benefit of “THE SAKE LAB”'s successors, assigns, and licensors. The paragraph headings in these terms of service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

 

Applicable law

By using any “THE SAKE LAB” service, you agree that the federal arbitration act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and “THE SAKE LAB”.

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Appendix

TRADEMARKS

The trademarks and service marks displayed on the THE SAKE LAB Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of THE SAKE LAB and its licensors. For a list of THE SAKE LAB trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any THE SAKE LAB Sites, Applications and Services are trademarks, service marks or trade dress of THE SAKE LAB in the U.S. and other countries. THE SAKE LAB’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not THE SAKE LAB, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE SAKE LAB. All other trademarks not owned by THE SAKE LAB that appear in any THE SAKE LAB Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE SAKE LAB.

 

COPYRIGHT

All content included on or made available through any THE SAKE LAB Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of THE SAKE LAB or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any THE SAKE LAB Sites, Applications and Services is the exclusive property of THE SAKE LAB and protected by U.S. and international copyright laws.

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LINKS TO THIRD-PARTY WEBSITES

THE SAKE LAB Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. THE SAKE LAB has no control over third-party websites, and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the THE SAKE LAB Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

 

DISPUTES

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READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE SAKE LAB MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

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Agreement to Arbitrate
You and THE SAKE LAB agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the THE SAKE LAB Terms, your use of THE SAKE LAB Sites, Applications or Services, or to any products sold or distributed by THE SAKE LAB or through THE SAKE LAB Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by texting 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or THE SAKE LAB may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and THE SAKE LAB subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other THE SAKE LAB members but is bound by rulings in prior arbitrations involving the same THE SAKE LAB member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

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Prohibition of Class, Representative, and Consolidated Actions
You and THE SAKE LAB agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and THE SAKE LAB agree otherwise, the arbitrator may not join more than one party’s claims and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other THE SAKE LAB members.

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If for any reason a claim proceeds in court rather than in arbitration both you and THE SAKE LAB each waive any right to a jury trial. You and THE SAKE LAB also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

GOVERNING LAW AND JURISDICTION

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any THE SAKE LAB Sites, Applications or Services, or any products sold or distributed by THE SAKE LAB or through THE SAKE LAB Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Unless you and THE SAKE LAB agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any THE SAKE LAB Sites, Applications or Services, or any products sold or distributed by THE SAKE LAB or through THE SAKE LAB Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in San Francisco, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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INDEMNIFICATION

You agree to defend, indemnify and hold harmless THE SAKE LAB and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of THE SAKE LAB Sites, Applications or Services.

 

WAIVER AND SEVERABILITY

No waiver of these Terms by THE SAKE LAB shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of THE SAKE LAB to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

 

UNITED STATES ONLY

Unless otherwise specified, the THE SAKE LAB Services are presented solely for the purpose of promoting products and services available in the United States. THE SAKE LAB makes no representation that the THE SAKE LAB Services are appropriate or available for use in other locations. If you access THE SAKE LAB Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

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If you have any questions about these terms of service, please contact us.