
Terms and Conditions
These Terms & Conditions (the “Terms”) govern your access to, and use of, all or part of the Kosé America, Inc. (“SEKKISEI”, “we”, “us” or “our”) website located at https://sekkiseibeauty.com (the “Site”).
By accessing, viewing, or otherwise using the content, materials, products, or services available on or through the Site or by clicking “I Agree” in connection with these Terms, you (referred to herein as “you” or the “User”) certify that you have read, understand, and agree to be legally bound by these Terms and SEKKISEI’s Privacy Policy. You further agree that your use of the Site or any products or services made available on or through the Site signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, you are not granted permission to use the Site and must exit and discontinue your use of it immediately.
We require all users to be at least 18 years old. If you are under 18 years old, you may not use the Site.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST SEKKISEI, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
SEKKISEI may at any time revise these Terms. Your continued use of the Site following the changes to these Terms will be considered your consent to those changes. You are bound by any such revision and should therefore periodically visit this page to review the then current terms to which you are bound. If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact SEKKISEI at service@sekkiseibeauty.com.
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No Medical Advice or Treatment
THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS ON THE SITE IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. 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 DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
WE 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 SITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE SITE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE SITE.
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License to Use the Site
Subject to these Terms, SEKKISEI hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, non-sublicensable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of SEKKISEI or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.
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Registration
To access certain content, material, or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to submit your email address and/or username and password for your account. We may reject, or require that you change, any username, password, or other information that you provide. You may also be required to provide certain information about yourself. You are responsible for ensuring that your username and password are kept secret, safe, and secure at all times. Any personal information that you provide to us via the Site is subject to our Privacy Policy. SEKKISEI will not be held responsible or liable for any misuse of or activity on your account in the event that a third party has access to and uses your username or password in any way.
You represent that the personal information you provide via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.
We reserve the right in our sole discretion to remove or delete any or all information from your account or our Site at any time and for any reason. You understand that we cannot guarantee that your account will always be available to you or error free. We may terminate or suspend your account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering any account feature of our Site or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your account may no longer be available to you. We have no obligation to make your account history available to you and you should not rely upon your account as your sole record of this information.
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Site Content Ownership
As between you and SEKKISEI, SEKKISEI or its licensors own all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in the Site or any photographs, graphics, text, icons, sound files, other files, buttons, software, data and information included in the Site and the selection and arrangement thereof (collectively, “Site Content”). All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to SEKKISEI or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. In addition, the “look and feel” of the Site constitutes the service mark, trademark or trade dress of SEKKISEI and may not be copied, imitated or used, in whole or in part, without our prior written permission. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. No right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein are reserved by SEKKISEI. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws.
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General Restrictions on Use
You agree to use the Site only for purposes that are permitted by these Terms. You agree that you will not violate any applicable laws, regulations, or generally accepted practices and guidelines in the relevant jurisdictions in connection with your use of the Site. You may only use the Site Content for non-commercial use as provided in these Terms, including the restrictions below.
You agree that you will not (and will not attempt to or allow any third party to) do any of the following:
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modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site;
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interfere with or disrupt the operation of the Site, including restricting or inhibiting any other person from using the Site by means of hacking or defacing;
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post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;
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transmit to or make available in connection with the Site any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
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attempt to probe, scan or test the vulnerability of the Site or to breach our security or authentication measures;
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take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;
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harvest or collect the email addresses or other personal information of other users of the Site;
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scrape or collect any content from the Site via automated means;
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submit or post false, incomplete or misleading information to the Site, or otherwise provide such information to us;
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create user accounts by automated means or under false or fraudulent pretenses;
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use the Site in any way that violates, or assists in the violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
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use the Site or data collected from our Site for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing); or
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impersonate any other person, entity or business.
You agree that you are not licensed or permitted to access any portion of the Site that we have not made public or accessible to users (whether registered or not), and you may not attempt to override any security measures in place on the Site.
SEKKISEI has an unlimited right to terminate your access to the Site, which shall not be limited to violations of this “General Restrictions on Use” Section. You acknowledge and agree that the unauthorized use of the Site or the Site Content could cause irreparable harm to SEKKISEI and that in the event of such unauthorized use, SEKKISEI shall be entitled to an injunction in addition to any other remedies available at law or in equity.
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Errors, Inaccuracies, and Omissions
The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. We attempt to describe the items available on the Site as accurately as possible and to depict the most up-to-date product packaging available. We make no warranties or representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions, or images (including any features, specifications and prices contained therein) or that Product packaging depicted will match the actual Product that you receive. Such information and the availability of any Product are subject to change at any time without notice. If a Product is not as described when you receive it or the packaging depicted on the Site does not match the Product you receive, your sole remedy is to return the Product to us in unused and undamaged condition in accordance with our Returns and Exchange policy.
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User Content
Please be aware that whenever you post information to the Site (e.g., when you post a review or comment) that information may be accessible for other users. You should therefore carefully choose the information you post and that you provide to other users.
Any ideas, comments, suggestions, feedback, text, files, images, photos, video, sounds, feedback, works of authorship or any other materials that you may post (“User Content”) on the Site shall be considered non-confidential and non-proprietary. SEKKISEI will have no obligations with respect to the User Content.
By posting your User Content on or through the Site, you hereby assign all intellectual property rights, and waive any moral, publicity or similar rights you have in any User Content and waive any moral, publicity or similar rights you have in any User Content. By posting your User Content on or through the Site, you agree we own and are free to use the User Content, without limitation and without any compensation to you for any purpose whatsoever and in identifiable or de-identifiable form. SEKKISEI and its designees will be free to use, copy, modify, disclose, incorporate, commercialize, publicly perform, publicly display, reproduce, create derivative works, distribute and otherwise use your User Content and its derivatives and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes, including in product designs, on and through the Site or in the SEKKISEI section of a third-party platform (Facebook, Twitter, etc.).
By posting User Content to the Site or otherwise submitting User Content to Us, you represent and warrant that: (i) you own the User Content posted by you on the Site or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Site does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person.
You are solely responsible for the User Content that you post on the Site. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to post the User Content on the Site, including all consents and permissions from any individuals who are the subject of User Content.
User Content is not necessarily reviewed by SEKKISEI prior to posting and does not necessarily reflect the opinions or policies of SEKKISEI. SEKKISEI makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users.
In submitting User Content through the Site, you agree you will not:
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Submit material about any individual when you have knowledge that such individual objects or has objected to such submission;
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Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
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Post advertisements or solicitations of business or employment;
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Impersonate another person;
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Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SEKKISEI all of the license rights granted herein;
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Submit material that is unsuitable for minors in any country; or
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Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.
SEKKISEI expressly reserves the right to remove any information or materials posted or transmitted for any reason or for no reason. SEKKISEI will fully cooperate with any law enforcement authorities or court order requesting or directing SEKKISEI to disclose the identity of anyone posting any such information or materials.
You acknowledge that the Site may contain the opinions and views of other users. You acknowledge further that we are not responsible for the accuracy of any posts or other submissions made by other users on the Site. You understand and agree that all such submissions are the sole responsibility of the person who posted the submission. You understand and agree that you will evaluate, and bear all risks associated with, the use of any submission, including any reliance on the accuracy, completeness, or usefulness of such submission.
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Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send SEKKISEI a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
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A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
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Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
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Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SEKKISEI to locate the material on the Site;
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Your name, address, telephone number, and email address (if available);
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SEKKISEI a counter-notice. Notices and counter-notices with respect to the Site should be sent to service@sekkiseibeauty.com.
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Links to Third Party Websites
For your convenience, the Site may contain links to the websites, applications, or services of third parties from which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., Facebook, Instagram and TikTok). Except as otherwise noted, such third-party websites, applications or services and such information are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites, applications, or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. In addition, we cannot censor or edit the content of any third-party site or application. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, applications, sources or servers. Any linking to or from any such off-site pages or other websites or applications by you is at your own risk. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website, application or service. Accordingly, we encourage you to be aware when you leave our Site, and to read the agreements and privacy policy of each website or application that you visit.
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Information For California Residents
Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.
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Conditions Of Sale
All sales made pursuant to the Site and third-party channels are subject to the following further limitations:
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Order Acceptance
You may place orders for SEKKISEI Products via the Site. Your receipt of an electronic or other form of order confirmation does not constitute SEKKISEI’s acceptance of your order, nor does it constitute confirmation of SEKKISEI’s offer to sell you the particular Product. SEKKISEI reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. When you place an order, you agree to pay for the order using the credit card, debit card, or other payment method entered or utilized at checkout. You authorize us to submit any preauthorization or preapproval entries, submit authorization holds, and submit any charge entries and debits necessary or reasonable to process the order. We may require additional verifications or information before accepting any order. Price and availability of Products offered on the Site are subject to change without prior notice. To the extent we provide information on the availability of any Products, such information may be subject to further verification by you. SEKKISEI will not be liable for any lack of availability of Products you may order. -
Quantity Limitation
SEKKISEI reserves the right to limit multiple units at a maximum of 3 units of a single item sold per customer over a period of time. -
Freight Forwarding Service
If a freight forwarding service is used to ship items internationally, SEKKISEI is not responsible for damage, defect, material difference, or loss that occurs to products after they have been delivered to the freight forwarding address in the U.S. SEKKISEI will not provide an exchange, replacement or a refund for any shipment taken outside of the U.S. by using a freight forwarding service. -
Security
The purchase area of the Site is designed to be secure. However, if you experience fraudulent use of your credit card as a result of shopping with SEKKISEI, please notify SEKKISEI and your credit card company immediately in accordance with its reporting rules and procedures. In no event shall SEKKISEI be liable or responsible in any way for the fraudulent use of your credit card. -
Prices
Unless otherwise expressly indicated in writing by SEKKISEI, prices for all Products are as noted on the Site as in effect on date your order is placed. Unless otherwise indicated on SEKKISEI’s acknowledgment and/or invoice, you shall pay, and be exclusively liable for, all costs of shipping, delivery, insurance and the like after SEKKISEI has effected delivery of the Products to the U.S. Postal Service or other carrier. All prices are in United States or Canada dollars based on where you are located.
The prices for our Products displayed on our Site may differ from prices that are available in other channels, and our pricing may differ from channel to channel.
Occasionally we will offer special promotions to our customers. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a Product purchase. These offers may be for a limited time only and may differ across channels.
Any SEKKISEI publication concerning our Products may include inaccuracies or typographical errors. SEKKISEI shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. SEKKISEI may make improvements and/or changes in the Products described in these publications at any time without notice.
We reserve the right to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order. -
Taxes
You understand that products purchased by you and shipped to your designated location in the U.S. may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as a separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products. -
Delivery
SEKKISEI shall make reasonable efforts to effect shipment on or before the scheduled shipping date(s) reflected on SEKKISEI’s acknowledgment and/or invoice, but such schedule may vary due to, among other things, conditions beyond SEKKISEI’s reasonable control. Please see our Shipping policy for additional information. In no event shall SEKKISEI be liable for any damages or penalties for delay in delivery or for failure to give notice of delay. -
Title
Title to all Products sold by SEKKISEI to User shall pass from SEKKISEI to User when such Products are delivered by SEKKISEI to the carrier for shipment to User. -
Resale
The Products and services available on the Site, including any samples that are provided, are for personal use only. You may not sell or resell, either directly or indirectly, any of the Products, services, or samples that you purchase or receive from us. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in a violation of these Terms. -
Inspection by User
User shall carefully inspect all deliveries of SEKKISEI as they are received by User and report to SEKKISEI promptly (but in any event within thirty (30) calendar days after receipt of shipment) any alleged error, shortage, defect or nonconformity of such Products. Any failure by User to so inspect and report shall constitute a waiver by User of any claim or right of User against SEKKISEI arising out of or related to any such error, shortage, defect or nonconformity that was reasonably discoverable by such an inspection. -
Other Purchase Channels
Meta (including Facebook and Instagram)
Purchases on Meta are subject to the laws of the United States and permitted only within the United States. Meta and its affiliates are separate entities from us and your purchase and returns of our Products sold on Meta’s and/or its affiliates’ shop are governed by Meta’s terms, along with the terms of Meta’s appropriate affiliate. Meta and/or its affiliates’ privacy policies and other governing terms may apply. Members of our rewards program will not receive loyalty points, perks, credits or rewards for purchases of Products on Meta’s and/or its affiliates’ shop. Our discount codes and/or coupons cannot be used on Meta’s and/or its affiliates’ shops. Similarly, Meta and its affiliates discount codes and/or coupons cannot be used on our Site.
TikTok Shop
Purchases on TikTok Shop are subject to the laws of the United States and permitted only within the United States. TikTok and/or TikTok Shop are a separate entity from us and your purchase and returns of Products sold on a TikTok Shop are governed by the Seller Terms of Service for TikTok Shop (US), along with TikTok’s privacy policy and other governing terms. Members of our rewards program will not receive loyalty points, perks, credits or rewards for purchases of Products on TikTok Shop. Our discount codes and/or coupons cannot be used on cannot be used on the TikTok Shop and TikTok Shop discount codes and/or coupons cannot be used on our Site.
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Site Access
While SEKKISEI endeavors to ensure that the Site is normally available 24 hours a day, we will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control. SEKKISEI has the right to terminate or suspend your access to all or part of the Site for any or no reason, including any violation or suspected violation of these Terms.
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Additional Terms
Additional terms may govern certain features or content of the Site, such as our rewards program. By participating in any activity as part of the Site governed by additional terms, you agree that you will be subject to those additional terms in addition to these Terms.
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Disclaimers
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SITE CONTENT, USER CONTENT, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE AND PRODUCTS PURCHASED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. SEKKISEI AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE PRODUCTS, THE SITE CONTENT, USER CONTENT, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, SITE CONTENT OR USER CONTENT WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, SITE CONTENT OR USER CONTENT ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO THE SITE, THE SITE CONTENT, THE USER CONTENT, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
You understand that the technical processing and transmission of any information sent to or from our Site may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including personal information. SEKKISEI reserves the right to interrupt or discontinue any or all the functionalities of the Site. SEKKISEI assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.
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Consent to Electronic Communications
By using the Site, you consent to receive electronic communications from SEKKISEI, for example by email or by posting notices on the Site. These communications may include notices about your use of the Site and your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy all legal communication requirements, including that such communications be in writing. You should maintain copies of all electronic communications with us.
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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR OTHER REPRESETNATIVES OF ANY OF THEM (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE RELATED TO (A) THE USE OF THE SITE, THE SITE CONTENT, USER CONTENT, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH THE SITE; (B) THE SITE OR SITE CONTENT IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR THE RELATED PARTIES BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOREGOING, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, SITE CONTENT, USER CONTENT, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SEKKISEI OR ITS RELATED PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SITE, SITE CONTENT, OR ANY ITEMS MINTED, PURCHASED, OR SOLD THROUGH THE SITE EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($10), OR (B) THE AMOUNT PAID TO SEKKISEI BY YOU IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
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Indemnification
You agree to indemnify, defend and hold harmless us and the Related Parties from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
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Arbitration
You and SEKKISEI agree that any disputes arising from or relating to these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, including issues related to arbitrability and the scope or enforceability of this agreement to arbitrate. Arbitration shall take place virtually or in-person in New York, NY unless SEKKISEI elects otherwise.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your demand for arbitration and we will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to its choice or conflict of law provisions or rules. The arbitrator will decide the substance of all claims in accordance with the laws of State of New York, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. The arbitrator shall not be bound by rulings in prior arbitrations involving different SEKKISEI users, but is bound by rulings in prior arbitrations involving the same SEKKISEI user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You acknowledge and agree that you and SEKKISEI are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SEKKISEI otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
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Operation of the Site and United States Law
The Site is controlled and operated from within the United States and Canada. Without limiting anything else, SEKKISEI makes no representation that the Site, Site Content, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States or Canada, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States and Canada do so on their own will and are responsible for compliance with applicable laws.
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Miscellaneous
These Terms, and SEKKISEI’s Privacy Policy, constitute the entire legal agreement between you and SEKKISEI regarding the Site and govern your use of the Site and any transactions you may have with SEKKISEI through the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and SEKKISEI regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.
When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
You understand that SEKKISEI may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, SEKKISEI will post the updated Terms available on the Site. You understand that it is your responsibility to check the Terms regularly for changes.
You agree that any failure or delay by SEKKISEI to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that SEKKISEI has the benefit of under any applicable law) will not be taken to be a formal waiver of SEKKISEI’s rights and that those rights or remedies will still be available to SEKKISEI. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.