Terms and Conditions
Your use of this Website, including, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. If you are not willing to accept the terms and conditions in this Agreement, we ask that you do not use the Website or order any items from it. This Agreement governs and applies to your access to and use of this Website and its related domains on which this document appears, any order you place through this Website and Websites on which the document appears, and, as applicable, your use of other products or services of Kyoku Holdings LLC. To the extent of any express inconsistency with any other agreement you may have with Kyoku Holdings LLC for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If this Agreement refers or relates to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Website.
This Website is intended for visitors from the United States. The Website is not intended for any children under the age of 13. IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE KYOKU HOLDINGS LLC’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
Modification or Suspension of the Web Site
You agree that Kyoku Holdings LLC, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Kyoku Holdings LLC will not be liable for the consequences of doing so.
The Website is owned by Kyoku Holdings LLC. All right, title, and interest to the content displayed on the Website (excluding User Content, as defined below), are the property of Kyoku Holdings LLC or its partners, agents or third parties.
Use of Site
You may upload any photographs, comments, video clips, reviews and other content to the Website, so long as the content (“Submitted Content”) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access, create or use a false identity on this Website, impersonate any person or entity or otherwise mislead as to the origin of the content, collect or store personal data about others, share your account information, or allow any person besides yourself to use your account to access the Website. Kyoku Holdings LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Kyoku Holdings LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kyoku Holdings LLC and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kyoku Holdings LLC for all claims resulting from content you supply. Kyoku Holdings LLC has the right but not the obligation to monitor and edit or remove any activity or content. Kyoku Holdings LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
By transmitting or posting any communications or materials to the Website, you agree that Kyoku Holdings LLC or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. Kyoku Holdings LLC and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Kyoku Holdings LLC herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including without limitation, any software) available through the Website. You are hereby granted a nonexclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website or using the Website as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Website in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission of Kyoku Holdings LLC. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of Kyoku Holdings LLC. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Kyoku Holdings LLC’s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Links to Other Sites
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
KYOKU HOLDINGS LLC AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE KYOKU HOLDINGS LLC STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, KYOKU HOLDINGS LLC CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Disclaimer of Warranties With Respect to Use of Web Site
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KYOKU HOLDINGS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHILE KYOKU HOLDINGS LLC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, KYOKU HOLDINGS LLC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. KYOKU HOLDINGS LLC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KYOKU HOLDINGS LLC OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Purchasing Items on our Website
Kyoku Holdings LLC takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products please note that Kyoku Holdings LLC does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed in the Website under Customer Service. All items are subject to availability and we will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization and your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. The Website does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website.
Order and Payment Information
If you use the Website or other means to purchase a product, payment must be received by Kyoku Holdings LLC prior to Kyoku Holdings LLC’s acceptance of an order, unless otherwise agreed by Kyoku Holdings LLC. All Kyoku Holdings LLC products are subject to sales tax which will be applied to your order total. In the United States, Kyoku Holdings LLC is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Kyoku Holdings LLC is required to follow the rules of each state. Your final order will include the appropriate state and local taxes. Qualifying States: IL and NY. Kyoku Holdings LLC may need to verify information you provide before Kyoku Holdings LLC accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Kyoku Holdings LLC will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Kyoku Holdings LLC expressly conditions its acceptance of your order on your agreement to this Agreement.
In ordering products through the Website or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Kyoku Holdings LLC is registered to you. Kyoku Holdings LLC shall have the right to bar your access to and use of the Website or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Kyoku Holdings LLC, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to this Agreement. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Kyoku Holdings LLC may reject orders where the stated delivery address is outside the United States. Kyoku Holdings LLC will add applicable shipping and handling fees.
Kyoku Holdings LLC reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Website without incurring any obligation to you.
Kyoku Holdings LLC’s descriptions of, or references to, products not owned by Kyoku Holdings LLC on and outside of the Website do not imply endorsement of that product, or constitute a warranty, by Kyoku Holdings LLC.
Your billing descriptor will show up as 855-658-9632KyokuForMen on your customers credit card statements.
Kyoku Holdings LLC does not directly sell certain Kyoku Holdings LLC products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Kyoku Holdings LLC may choose to accept orders for the purchase of its products from non-residents of the United States, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
You agree that the purchase of any Kyoku Holdings LLC products by you, as a non-resident of the United States, shall be (a) ex works Kyoku Holdings LLC’s facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States and (b) for your own personal use only and not for further resale or distribution in any manner;
You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
You hereby expressly authorize and direct Kyoku Holdings LLC to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose;
For Canadian Orders only by ordering goods from Kyoku Holdings LLC, you hereby authorize a licensed Canadian customs broker chosen by Kyoku Holdings LLC to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, account for applicable duties and taxes, to return merchandise to Kyoku Holdings LLC and prepare and submit refund claims on your behalf for any merchandise that you return. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from Kyoku Holdings LLC. In this connection, you also authorize the customs broker to endorse any refund cheque issued by CBSA in your name, so that Kyoku Holdings LLC can be reimbursed.
You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Kyoku Holdings LLC’s facilities in the United States to your foreign ship to destination.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that Kyoku Holdings LLC reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is cancelled as a result of the error, your credit card will be refunded the full amount of your order.
Electronic Signatures and Agreements
If you are placing an order online as part of one of our automatic replenishment programs, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AND THE CARD OR APPLICABLE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT IN OUR PROGRAM WILL BE CHARGED AT THE TIME OF EACH SHIPMENT AND/OR IN INSTALLMENTS. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN ONE OF OUR AUTOMATIC REPLENISHMENT PROGRAMS, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
ALTHOUGH DISPUTES WITH OUR VALUED CUSTOMERS ARE RARE, IN THE UNLIKELY EVENT OF A DISPUTE, WE HAVE ESTABLISHED THIS ARBITRATION AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE PRODUCT(S) SHIPPED IN CONNECTION WITH THIS AGREEMENT (THE "PRODUCTS") FOR MORE THAN THIRTY (30) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO COMPANY WITHIN THIRTY (30) DAYS OF RECEIPT FOR A FULL REFUND. THIS ARBITRATION AGREEMENT ("AGREEMENT") AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE MANUFACTURER, DISTRIBUTOR AND/OR SELLER OF THIS PRODUCT (COLLECTIVELY, "COMPANY"), MUST BE RESOLVED THROUGH BINDING ARBITRATION AND NOT IN COURT. IT ALSO PROVIDES THAT ANY DISPUTE CANNOT BE RESOLVED IN A CLASS ACTION OR OTHER PROCEEDING WHERE YOU REPRESENT OTHER PERSONS OR OTHER PERSONS REPRESENT YOU, AND THAT NO CLASS OR REPRESENTATIVE ARBITRATIONS ARE PERMITTED. PLEASE CAREFULLY READ ALL TERMS IN THIS AGREEMENT.
RESOLUTION OF CLAIMS OR DISPUTES.
Any claim or dispute between you and Company (or any of Company's subsidiaries or affiliates) arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation is reciprocally binding on both you and the Company and applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and Company specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
LIMITATION OF LEGAL REMEDIES.
All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you and the Company from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. The parties agree that no class or representative actions of any type are permitted.
Before instituting an arbitration, if you have any dispute, we strongly encourage you to contact the Company to try to resolve the matter by emailing us or calling us. The arbitration of any claim or dispute under this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the date you receive the Product, including Rules 16.1 and 16.2 of those Rules. These rules and procedures are available by calling JAMS or by visiting its web site at www.jamsadr.com. The arbitration of any claim or dispute under this Agreement shall be conducted by an arbitrator who has at least five years of experience conducting arbitrations. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or the location in which you received this Agreement. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions. The Company shall pay costs for the arbitration of claims, including any JAMS Case Management Fee and all professional fees for the arbitrator's services. The Company shall pay the fees and costs of its own counsel, experts and witnesses and shall not be able to recoup them from you even if you do not prevail in the arbitration. Unless otherwise provided by law, you acknowledge and agree that you shall pay the fees and costs of your own counsel, experts and witnesses.
CHOICE OF LAW.
The arbitration provisions of this Agreement and any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In this respect, the parties acknowledge that this Agreement involves a transaction conducted in interstate commerce. Otherwise, this Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.
If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
You will be shipped a 90 day supply of Kyoku for Men’s Acne Treatment Kit, which includes 3.4 fl. oz. of Facial Moisturizer, 6.8 fl. oz. of Daily Facial Cleanser, and 10.0 fl. oz. of Lava Masque. They are yours to try for 28 days! All you pay today is this $1.95 Shipping & Handling. Then, unless you call to cancel, after 28 days your credit card will be charged only $195 for the entire 90 day supply, which works out to less than $65 per month for acne-free skin. Every 90 days, we will send you a new 90 day supply of Kyoku for Men’s Acne Treatment Kit billed to your credit card at the low VIP member’s price ($149 + S&H). You can stay on the program as long as you want and cancel at anytime! And remember, all you pay now is just the shipping & handling of $1.95.
Risk of Loss
All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
You may return items in accordance with the Returns instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service for assistance.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL KYOKU HOLDINGS LLC, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.
You agree to indemnify and hold harmless Kyoku Holdings LLC, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website; information you submit or transmit through the Website; your breach of this Agreement; and your connection to the Website.
You agree that Kyoku Holdings LLC may, in its sole discretion, and at any time, terminate your use of the Website, without prior notice to you, for any reason that Kyoku Holdings LLC, in its sole discretion, deems appropriate. You further agree that Kyoku Holdings LLC will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitations of Actions Brought Against Kyoku Holdings LLC
You agree that any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law; Dispute Resolution
This Agreement and the resolution of any dispute related to this Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of New York State, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute.
Said dispute shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of New York, New York. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of Los Angeles. The terms of this section survive any termination of the Agreement.
In order to avoid irreparable injury to Kyoku Holdings LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Kyoku Holdings LLC from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Modifications to the Agreement
Kyoku Holdings LLC may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website without notice to you. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of this Agreement has been posted. These Terms and Conditions supersede any other terms and conditions previously published by Kyoku Holdings LLC on this Website and any other representations or statements made by Kyoku Holdings LLC to you, whether oral, written, or otherwise. Kyoku Holdings LLC may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by Kyoku Holdings LLC in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect Kyoku Holdings LLC’s ability to subsequently exercise that right or remedy. Any waiver must be agreed by Kyoku Holdings LLC in writing.
The information communicated on the Website constitutes an electronic communication. When you communicate with Kyoku Holdings LLC through the Website or via other forms of electronic media, such as e-mail, you are communicating with Kyoku Holdings LLC electronically. You agree that Kyoku Holdings LLC may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Kyoku Holdings LLC provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
KYOKU FOR MEN® is a trademark of Kyoku Holdings LLC LLC. All other trademarks and service marks displayed on the Website are the property of Kyoku Holdings LLC or their respective owners. You may not use or display any trademarks or service marks owned by Kyoku Holdings LLC without Kyoku Holdings LLC’s prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Copyright Policy and Copyright Agent
It is Kyoku Holdings LLC’s policy to respect the copyright and intellectual property rights of others. Kyoku Holdings LLC may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Kyoku Holdings LLC may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Kyoku Holdings LLC complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Kyoku Holdings LLC’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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 Website;
Your address, telephone number, and e-mail 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; and
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.
Please direct inquiries regarding intellectual property infringement issues by email to firstname.lastname@example.org