Terms of Service

By using https://www.takarasake.com/ or https://shop.takarasake.com/, you agree to try to settle any dispute with Takara Sake USA arising from or related to your use or access of Takara Sake USA Online by sending a letter describing the basis for the dispute and allowing Takara Sake USA at least 30 days to respond after Takara Sake USA will have received your letter. If you want to send such a letter to Takara Sake USA, send it to info@takarasake.com. Takara Sake USA will respond to you at the address Takara Sake USA has on file for you.

The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to these Terms of Service, or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to Takara Sake USA Online.

You and Takara Sake USA agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or Takara Sake USA will commence any litigation or file a claim against the other party.

By using Takara Sake USA Online, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and Takara Sake USA waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and Takara Sake USA’s rights during the arbitration process may be more limited than the rights you or Takara Sake USA would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this agreement.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent. You agree that the arbitration will be conducted by Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 800-352-5267, in the State of California and the parties will mutually agree to a single arbitrator located in the County of Alameda. You can contact JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by JAMS’ applicable rules. You and Takara Sake USA also agree the arbitrator will have exclusive authority to resolve any dispute arising from the interpretation, applicability, enforceability, or formation of these Terms of Use.

The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this Agreement, all California rules of pleading (including the right of demurrer), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed, unless the parties agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. No arbitrator shall have the authority under this Agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this Agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.

The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.

Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party.

Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or Confidential Information; or (d) to enforce any decision of the arbitrator, including the final award.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TAKARA SAKE USA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.