Disclaimer: The information
provided on Mitakirestaurants.net is only intended to convey general information
regarding the restaurant and development and growth of the company. Your access
to and use of this website is subject to additional terms and conditions. ©
2005, Mitakirestaurants.net. All rights reserved.
Terms and Conditions Agreement
1. Notice/Acceptance of Terms
This Global Terms of Service Agreement ("Agreement") is a contract
between you and UP Enterprises, Inc., Inc., a California corporation ("UP Enterprises, Inc."). This Agreement governs your use of the Site (as defined
below). Be sure that you carefully read and fully understand this Agreement.
UP Enterprises, Inc. is willing to provide you with access to the Site only
on the condition that you accept all of the terms and conditions contained in
this Agreement. Your use of the Site, including without limitation any of the
products or services offered on the Site, will constitute your acceptance of,
and agreement to be bound by, all the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE
SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
You may print this Agreement or you can download this Agreement to your computer.
The disclaimers, terms and conditions on these pages are of general application
and may be supplemented by additional disclaimers, guidelines, rules, terms
or conditions of specific application on any particular page of this Site.
2. Description of Service
UP Enterprises, Inc. is a Japanese restaurant with one current location in the
greater Long Beach, California area. Mitaki offers the customer quick and fresh
Japanese cuisine for breakfast, lunch and dinner at competitive prices. Certain
products or services may be available only in certain jurisdictions and are
void where prohibited by law. Your eligibility for particular products and services
offered by UP Enterprises, Inc., or any of its affiliates, is subject to final
approval and acceptance by UP Enterprises, Inc.. UP Enterprises, Inc. assumes
no responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. In order to use the Site,
you must obtain access to the World Wide Web, either directly or through devices
that access Web-based content and pay any service fees associated with such
access. System availability and access to the services available on this Site
may be limited or unavailable for reasons that may include, without limitation,
system performance. UP Enterprises, Inc. makes no representations, warranties
or assurances as to the availability of the Site
3. License
Except as expressly provided otherwise, UP Enterprises, Inc. grants you a personal,
revocable, non-transferable and non-exclusive license to display on your computer,
print, download and use the underlying HTML, text, audio clips, video clips
and other content that is made available to you on this Site, for non-commercial,
personal or educational purposes only provided that:
a. you do not (and do not allow any third party to) modify or create a derivative
work of any such content; and
b. you include with and display on each copy of such content the associated
copyright notice.
No other use is permitted. Without limiting the generality of the foregoing,
you may not:
a. include such content in or with any product that you create or distribute;
b. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial
purposes any portion of the Site, use of the Site, or access to the Site;
c. establish: (i) a hyperlink, including without limitation a deep link, to
any page or location on the Site; or (ii) a frame containing any portion of
the Site, on any other Web site or text document with hyperlink capabilities;
or
d. copy such content onto your or any other Web site; and may not direct any
other person to do any of the foregoing.
You agree not to access the Site by any means other than through the HTML or
other interface that is provided by UP Enterprises, Inc. for use in accessing
the Site. Notwithstanding the above, nothing contained in this license shall
be construed as conferring any right under any intellectual property of UP Enterprises, Inc., its affiliates or any other person who owns the intellectual
property in the content provided on this Site.
4. Intellectual Property
UP Enterprises, Inc. either owns or has obtained permission from the owner to
use all of the content on this Site.
“UP Enterprises, Inc.,” “Quick and Fresh Japanese Cuisine,”
and the “UP Enterprises, Inc.” logo are registered trademarks of UP Enterprises, Inc., Inc. The names, graphics, logos, icons, designs, words, titles
and phrases on this Site constitute trademarks, trade names, and associated
products and services of UP Enterprises, Inc. or its affiliates. The trademarks,
trade names and associated products and services represented on this Site are
protected under United States law and their display on this Site does not convey
or create any license or other rights in these trademarks, trade names and associated
products and services. Any use of them without prior written authorization from
UP Enterprises, Inc. is strictly prohibited.
The trademarks for all products or services mentioned on this Site that are
not those of UP Enterprises, Inc., Inc., are the trademarks of their respective
owners. The display of these trademarks or trade names on this Site does not
convey or create any license or other rights in these trademarks or trade names.
Any unauthorized use of them is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the
contents of this Site by any person may be a violation of federal or common
law, trademark and/or copyright laws and could subject such person to legal
action.
5. Modifications to Site
UP Enterprises, Inc. reserves the right to modify, suspend or discontinue, temporarily
or permanently, the Site (or any part thereof) from time to time, for any or
no reason and without notice. You agree that UP Enterprises, Inc. shall not
be liable to you or to any third party for any modification, suspension or discontinuance
of the Site. The information and materials contained on the Site are subject
to change. UP Enterprises, Inc. endeavors to keep the information pertaining
to menu, pricing, products, special offerings, company updates and expansion
information on this Site current, however, information is subject to change
at any time without notice to you and the posted information on this Site may
not immediately reflect such changes.
6. Registration Obligations
In consideration of your use of the Site, where you have provided UP Enterprises, Inc.
with information about yourself in response to prompting by the Site (for example
when prompted by the Site's Order Form), you agree that such information will
be accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete as of the date the information was provided,
or UP Enterprises, Inc. has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, UP Enterprises, Inc. has the
right, without limitation, to suspend or terminate your use of this Site and
to refuse any future use of the Site (or any portion thereof).
7. User Content
UP Enterprises, Inc. may offer the opportunity for you to contribute your ideas,
comments, questions and other communications to or from the Site (the "User
Content") through email and an order form provided by the Site. You shall
not (nor cause any third party to) use the Site to perform any illegal activities
(including without limitation defaming, abusing, harassing, stalking, threatening
or otherwise violating the legal rights - such as rights of privacy - of others)
or immoral activities or any of the following types of activities, without limitation:
a. transmitting information that infringes any patent, trade-mark, trade secret,
copyright or other proprietary rights of any party;
b. transmitting any material that contains software viruses, trojan horses,
worms, time bombs, cancelbots, or any other computer code, files, or programs
which may interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
c. impersonating anyone or any entity, falsely stating or otherwise misrepresenting
your affiliation with a person or entity;
d. advertising or commercial content;
e. interfering with or disrupting the Site;
f. disrupting the activities or enjoyment of the Site for other users; or
g. collecting, or storing personal data about other users.
You agree to abide by all applicable local, state and federal laws and regulations
and are solely responsible for all acts or omissions that occur under your account
or password, including without limitation any of the User Content created by
you. You agree that UP Enterprises, Inc. shall not be liable to you or any third
party for any termination of your access to the Site or deletion of any User
Content on the Site.
You acknowledge and agree that UP Enterprises, Inc. may preserve and disclose
User Content if required to do so by law or if UP Enterprises, Inc. believes
in good faith that such preservation or disclosure is reasonably necessary to
comply with legal process, enforce this Agreement, respond to a claim that User
Content violates any third party's rights, or protect the right, property or
personal safety of UP Enterprises, Inc., any users of the Site, and the public.
You also acknowledge that the technical processing and transmission of the Site,
including without limitation User Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements of connecting
networks or devices.
8. User Communications
UP Enterprises, Inc. does not, under any circumstances, sell or disclose to
any third party information gathered by any script or device through this Site.
You shall be responsible for the content and information contained in any communication
sent by you to this Site or otherwise to UP Enterprises, Inc., including without
limitation for its truthfulness and accuracy.
9. Transactions with Third Parties
Your correspondence or business dealings with, or participation in promotions
of, advertisers or third parties found on or throughout the Site, including
without limitation with respect to the payment and delivery of related goods
or services and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such parties and are not binding
upon nor constitute obligations of UP Enterprises, Inc.. You agree that UP Enterprises, Inc. shall not be responsible or liable for any actions, losses, damages,
liabilities, claims, judgments, costs or expenses of any nature or kind (collectively,
"Claims") incurred as the result of any such dealings or as the result
of the presence of such third parties on the Site, and you agree to indemnify
UP Enterprises, Inc. and its affiliates from and against any Claims incurred
as the result of any such dealings.
10. Third Party Links
This Site may provide links or references to other sites. UP Enterprises, Inc.
makes no representations, warranties or assurances as to any information in
such sites, has no responsibility for their content and shall not be liable
for any damages or injury arising from that content. UP Enterprises, Inc. disclaims
any opinions expressed on such sites. Any links to other sites are provided
merely for your convenience and the inclusion of such links does not imply that
UP Enterprises, Inc. endorses the content of such sites. Where UP Enterprises, Inc.
is offering its own content (or content of an affiliate) on or through third
party sites (whether by linking, framing or otherwise), your use or display
of that content shall be subject to this Agreement.
11. Disclaimer of Warranties
Except as expressly provided otherwise, UP Enterprises, Inc. disclaims any and
all responsibility or liability for the timeliness, sequence, quality, accuracy,
content, completeness, legality, reliability, operability or availability of
information or material contained on the Site. The Site may contain inaccuracies
or typographical errors. UP Enterprises, Inc. disclaims any responsibility for
the deletion, failure to store, mis-delivery, or untimely delivery of any information
or material in respect of the Site or the use thereof.
Any communications sent to you via this Site or otherwise from UP Enterprises, Inc.
(including without limitation in the form of newsletters, electronic mail or
via telephone), and the contents of this Site are provided for informational
purposes only.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, UP Enterprises, Inc. will use
reasonable efforts to include up-to-date and accurate information in this site
but all PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS"
AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED. UP Enterprises, Inc. DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES
OFFERED ON THE SITE. UP Enterprises, Inc. DISCLAIMS ANY WARRANTIES FOR SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH
THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS
AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE
OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion of implied warranties, so these exclusions
may not apply to you.
12. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, in no event shall UP Enterprises, Inc.,
ANY OF UP Enterprises, Inc.'S AFFILIATES OR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (collectively the
"Site providers"), be liable to YOU or any third party for any CLAIMS
whatsoever, including without limitation direct, indirect, special, incidental,
punitive or consequential DAMAGES (including without limitation any lost revenues,
lost profits, lost opportunities, loss of prospective economic advantage) arising
out of or in connection with the use or performance of this Site, any communications
sent to you via this Site or otherwise from UP Enterprises, Inc. (including
without limitation in the form of electronic mail or via telephone), or information
available from this site, including without limitation any damages suffered
as a result of omissions or inaccuracies in such information, the transmission
of confidential or sensitive information to or from the site providers, and
inconvenience, delay or loss of use of the service, even if any one of or all
of the site providers is advised of THE possibility OF SUCH DAMAGES. WITHOUT
LIMITING THE FOREGOING, the site providers assume no liability or responsibility
for damage or injury to persons or property arising from any use of any product,
information, idea, or instruction contained in the content of this site. Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless UP Enterprises, Inc. and its affiliates
from and against any Claims arising out of or relating to: (i) User Content
you submit, post to or transmit through the Site; or (ii) your violation of
any rights of any other person in connection with the Site.
14. Other Provisions
A. Governing Law. This Agreement shall be governed by the laws of the State
of California, without regard to conflicts of law provisions. The parties agree
that the exclusive jurisdiction of any dispute arising out of, or relating to,
this Agreement or any dispute arising out of, or relating to, this Agreement
or services provided in connection therewith shall be in the state and federal
courts located in the county of Los Angeles, State of California.
B. Entire Agreement. This Agreement is the entire and exclusive agreement between
the parties, and it supersedes all previous communications, representations
or agreements, either oral or written, between them with respect to this subject
matter. No representations or statements of any kind made by any affiliate of
UP Enterprises, Inc., which are not included in this Agreement, shall be binding
on UP Enterprises, Inc. or its affiliates.
C. Amendments. Neither you nor UP Enterprises, Inc. may modify or amend this
Agreement in whole or in part without the prior written consent of both you
and an authorized representative of UP Enterprises, Inc.. However, UP Enterprises, Inc.
may replace its terms of service agreement from time to time and your subsequent
use of the Site, or any content, programs or materials provided through the
Site, will be subject in all respects to the terms and conditions of such terms
of service in force at the time of such subsequent use.
D. Waiver. No waiver of any provision herein shall be valid unless in writing
and signed by an authorized representative of both you and UP Enterprises, Inc..
UP Enterprises, Inc.'s failure to insist upon or enforce strict performance
of any provision of this Agreement or any right shall not be construed as a
waiver of any such provision or right.
E. Severability. If any provision of this Agreement is determined to be illegal
or unenforceable, such provision shall be automatically reformed and construed
so as to be valid, operative and enforceable to the maximum extent permitted
by law or equity while preserving its original intent. The invalidity of any
part of this Agreement shall not render invalid the remainder of this Agreement.
F. Miscellaneous. This Agreement shall enure to the benefit of UP Enterprises, Inc.
and its affiliates. Any and all references in this Agreement to UP Enterprises, Inc.
shall, where the context so permits include UP Enterprises, Inc.'s affiliates,
directors, officers, employees, contractors and agents. The headings contained
herein are for convenience only and shall have no legal or interpretive effect.
Additional terms and conditions may apply when you use other services, affiliate
services, third party content or third party software on or through a link provided
on the Site. UP Enterprises, Inc. may assign its rights and duties under this
Agreement to any party at any time without notice to you.