Terms and Conditions

Heiando America, Inc. (“Heiando”) provides www.heiandoamerica.com (“Website”) in support of Heiando’s mission to showcase our products and introduce the culture of Japanese Urushi lacquerware. By accessing the Website, users agree to be bound by the following terms and conditions, which Heiando may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.

  1. 1.Copyright and Proprietary Rights.

    The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Website (collectively, the “Materials”) are proprietary to Heiando or its licensors. Heiando retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Heiando.

  2. 2.Trademarks.

    Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Website are registered and/or unregistered marks of Heiando and/or Yamada Heiando K.K., a parent company of Heiando America, Inc. The Trademarks of third parties may also be displayed on the Website. Nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website without the express written permission of Heiando or any third party that may own the Trademarks displayed on the Website. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.

  3. 3.Authorized Uses.

    The Materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any printed work, and the citations should include the URL “www.heiandoamerica.com,” but not in any way that implies endorsement of the user or the user’s use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the Website or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate Heiando’s or any other party’s proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by Heiando. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited.
    Users may not modify Materials on the Website All rights not expressly granted herein by Heiando are specifically and completely reserved.

  4. 4.Product Representation.

    Every attempt is made to provide accurate information about our products. Heiando does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction.
    Heiando makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user’s particular monitor; Heiando cannot guarantee that the colors displayed on an individual’s monitor will be correct.

  5. 5.Privacy.

    Heiando is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from users in connection with use of the Website is governed by Heiando’s Privacy Policy. Please note that the Website is not specifically dedicated to children and Heiando does not actively solicit information from children. Children under the age of thirteen are required to obtain permission from an adult before submitting personally identifiable information or other content to the Website.

  6. 6.Links to Third Party Sites.

    Heiando has not reviewed all of the sites linked to or from the Website and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Website. Heiando provides these links as a convenience, and linking to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by Heiando.

  7. 7.Disclaimer of Warranties.

    Without limiting the foregoing, all Materials on the Website are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Heiando may update, change, or delete content at any time. Heiando makes reasonable, ongoing efforts to revise and update the Website, but does not warrant that the Website will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Website. Heiando assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Website or downloading of any Materials from the Website. At its discretion Heiando may discontinue or take down the Website or any section or Material within the Website at any time.

  8. 8.Limitation of Liability.

    NEITHER HEIANDO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF HEIANDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITE, CONTENT, AND/OR COMPILATION.

  9. 9.Digital Millennium Copyright Act (DMCA).

    Heiando is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact Heiando immediately to report any concerns of infringement by providing notice to Heiando ‘s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email please address it to our contact form.

  10. 10.Indemnity.

    The user agrees to indemnify, defend, and hold Heiando and its respective directors, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website or any of its Materials.

  11. 11.Entire Agreement; Severance; Waiver.

    These Terms and Conditions incorporate by reference any notices on the Website and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the Website. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Heiando’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.

  12. 12.Applicable Law and Jurisdiction.

    These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Washington, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in King County and the State of Washington, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Last updated August 29, 2014

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