Terms of service
OVERVIEW
This website (“Site”) is operated by Ezaki Glico USA Corporation (“Ezaki Glico USA”). Throughout the Site, the terms “we”, “us” and “our” refer to Ezaki Glico USA. Ezaki Glico USA offers the Site, including all information, tools and service available from the Site to you (“Service”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the 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”), including those additional terms and conditions and policies referenced herein and/or available in the Site 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 the Site. 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 these Terms of Service, then you may not access the Site or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to occurrence of acceptance events in 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 the Site. To the extent applicable law requires that we provide you with notice of a change to the Terms of Service, we will provide you with no less than the minimum notice that is required by applicable law. Where permitted by law, your continued use of or access to the Site following the posting of any changes and/or notices of the same constitutes acceptance of those updates, changes or revised Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes where not prohibited by law.
SECTION 1 - DEFINITIONS
In these Terms of Service:
"Content(s)“ means merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
“Make Available” means post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the service administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Service through the tools offered by such social media platforms)
“Material(s)” means the Contents that we make available on or through the Service and the Site.
“Product(s)” means the products which are sold by Ezaki Glico USA through the Service.
“You” means any users of this Service.
SECTION 2 – INTRODUCTION
By agreeing to these Terms of Service, you represent that you are the age of majority and have the legal capacity to fully understand the information presented in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Site, and if you are a minor or do not have such capacity, that you have obtained your parent or guardian’s consent to use the Site.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse the 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, tools, Materials or any contact on the Site, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - OUR CONTRACT
Your order is an offer to us to buy the Products. When you place an order to purchase a Product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the Products ordered. We only accept your offer and conclude the contract of sale for the Products ordered by you, when we dispatch the Products to the address you have designated on your order and send e-mail confirmation to you that we have dispatched the Products to the address you have designated on your order (the “Shipping Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Shipping Confirmation E-mail for each package, and each Shipping Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the Products specified in that Shipping Confirmation E-mail.
You can cancel your order for a Product at no cost any time before we complete shipping preparation of that Product. This right to cancel does not apply to certain categories of Products and certain portions of the Service.
Please note that we sell Products only in quantities which correspond to the typical needs of an average household. This applies both to the number of Products ordered within a single order and the placementof several orders for the same Products where the individual orders comprise a quantity typical for a normal household.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if Materials are not accurate, complete or current. The Materials are 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 Materials is at your own risk.
The 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 the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for the 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 7 - PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the Site. These Products or the Service may have limited quantities and are subject to exchange only according to our policies described in FAQs.
We have made every effort to display as accurately as possible the colors and images of the Products that appear at the store. We cannot guarantee that your computer monitor's display of any color and images will be accurate.
We reserve the right, but are not obligated, to limit the sales of the Products or the Service 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 the Service that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any Product and the Service at any time. Any offer for any Product or the Service made on the Site is void where prohibited.
We do not warrant that the quality of any Products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 - EXPORT CONTROLS
You agree that you will not export, re-export, or transfer any Products that you have purchased through the Service to any country, individual, corporation, organization, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by US Departments of State, Treasury or Commerce, the European Union, the United Nations, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking Products to other countries, even for your own personal use, and/or sending Products (whether physically by mail or digitally via email or file-sharing) to particular individuals, corporations, organizations or entities. In addition, you agree that you will not purchase any Product or Service from the Site if you are subject to restrictive measures (sanctions).
SECTION 9 - 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 transaction(s) and contact you as needed.
For more details, please review our policies described in FAQs.
SECTION 10 - 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 the 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 Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain Contents, Products and Service available via the Site may include materials from third-parties.
Third-party links on the 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 12 - USER GENERATED CONTENT
The Service may enable you to post product reviews and other user-generated Content. If you choose to submit user generated Content to any public area of the Service, this Content will be public and accessible by anyone. We do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use, or misuse of any information that you disclose or receive from third parties.
You are solely responsible for any comment(s) you make and their accuracy. We take no responsibility and assume no liability for any Content(s) posted by you or any third-party.
You agree that you will not Make Available Contents in connection with the Service that:
(1) is false, fraudulent, inaccurate, or misleading;
(2) contains your full name(s), or any other confidential personally identifiable information of yourself or others;
(3) violates any local, state, federal, or international laws or is otherwise tortious;
(4) is protected by or would infringe on the rights of others (including Ezaki Glico USA), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
(5) is obscene, indecent, pornographic, or otherwise objectionable;
(6) is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
(7) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
(8) is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
(9) contains advertisements, solicitations, or spam links to other websites or individuals, without prior written permission from us;
(10) contains or relates to chain letters or pyramid schemes;
(11) impersonates another business, person, or entity, including us, its related entities, employees, and agents;
(12) violates any policy posted on the Service; or
(13) is intended to cause harm, damage, disable, or otherwise interfere with the Service or our partners.
We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion to violate these Terms of Service.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see https://www.glico.com/global/privacypolicy/.
SECTION 14 – INTELLECTUAL PROPERTY
All Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights in the Site and the Service are owned or controlled by or licensed to Ezaki Glico USA, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by us to use the Service, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that we (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) you do not modify or alter the Materials in any way; and (3) you do not provide or make available the Materials to any third party in a commercial manner.
No license, right, title, or interest in the Site or any Materials is transferred to you as a result of your use of the Service or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Site. The Site, the Service and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Site, the Service and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Site, the Service and Materials is the exclusive property of us and is also protected by U.S. and international copyright laws.
Ezaki Glico USA names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Site and the Service are trademarks or trade dress of Ezaki Glico USA or licensed to Ezaki Glico USA in the U.S. and other countries. All other marks are the property of their respective companies.
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be Materials that contain 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 Materials or cancel orders if any Materials, 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 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, the Service or the Materials:
(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; (k) for the commercial purpose including but not limited to resell or distributing; (l) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Service except as expressly authorized in these Terms of Service, without our express prior written consent; (m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Service, without our express prior written consent; (n) cause injury to any person or entity; or (l) 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 Terms of Service including prohibited uses.
SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of 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 Ezaki Glico USA, 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, but not limited to, negligence claims), strict liability or otherwise, arising under or related to the Terms of Service, from your access to or use of the website, of any Materials or any Products procured using the Service, or for any other claim related in any way to your use of the Service, any Materials or any Products, 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, any Materials or any Contents (or Products) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. This exclusion and limitation of liability shall be applied to the maximum extent permitted by law.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EZAKI GLICO USA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, FOR ANY CLAIMS UNDER THESE TERMS OF SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ezaki Glico USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively, "Indemnified Parties"), from and against all claims, demands, actions, damages, losses, liabilities, settlements, judgments, costs and expenses, including but not limited to reasonable attorneys’ fees and costs (collectively, "Claims"), made by any third-party due to, arising out of, related to or resulting from 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 to the fullest extent permitted by law, whether or not caused in whole or in part by the negligence of Ezaki Glico USA or any other Indemnified Party.
SECTION 19 - 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 20 - TERMINATION
The obligations and liabilities of you 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 the Service, or when you cease using the 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 the Service (or any part thereof).
SECTION 21 - 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 the 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. By agreeing to these Terms of Service, both parties expressly waive California Civil Code Section 1654.
SECTION 22 - GOVERNING LAW AND DISPUTES
These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of the State of California. Except as the Terms of Service otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. You and we agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the Site or (2) the breach, enforcement, interpretation, application, or validity of the Terms of Service, such claim, dispute or controversy will be resolved by final and binding arbitration, except as otherwise set forth in these Terms & Service.
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or we can bring an individual claim in the state or Federal court in California or other ADR mechanisms, provided that it is brought and maintained as an individual claim; and (2) you agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SECTION 23 - 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. To the extent applicable law requires that we provide you with notice of a change to the Terms of Service, we will provide you with no less than the minimum notice that is required by applicable law. Where permitted by law, your continued use of or access to the Site following the posting of any changes and/or Notices of the same constitutes acceptance of those updates, changes or revised Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at shop.usa@glico.com.
Our contact information is posted below:
Ezaki Glico USA Corporation
email address: shop.usa@glico.com
address: 18022 Cowan Ste 110, Irvine, CA, 92614, United States
