PURCHASE CONTRACT and END USER LICENSE AGREEMENT
Thank you for making a purchase from Essential Japanese Cooking. Please read the following terms governing your purchase and use of this copyrighted material. You accept and agree to be bound by this purchase contract and end user license agreement by clicking the icon labeled "I ACCEPT" that is displayed below. If you do not agree, click the icon labeled "CANCEL" and your order will be canceled and you will not be charged.
"Content" means the copyrighted material, videotapes sold by Essential Japanese Cooking, available for license, along with printed mini-texts to accompany the videotapes.
Essential Japanese Cooking, Inc. holds copyrights and other intellectual property rights to all available Content, and reserves all rights therein not expressly granted to you in this Agreement.
You may not:
- Reproduce, transfer, distribute, publish, or publicly display the Content in whole or in part without the express written permission of ESSENTIAL JAPANESE COOKING;
- Modify the Content in any manner or for any purpose;
- Export the Content in a manner contrary to U.S. export or administration laws or regulations;
- Rent or lease the Content to any third party;
For Private Use Only: Essential Japanese Cooking instructional videos are protected under copyrights laws. These cassettes are sold for private use only. All other rights are expressly reverved. Any unauthorized reproduction, presentation, distribution, public performance, exhibition, and communications to the public of these instructional videos is strictly prohibited and may subject the offender to civil liability and severe criminal penalties.
Disclaimer of Warranties: Essential Japanese Cooking warrants that it will replace any defective products purchased through the site at any time within the thirty (30) days following your purchase of the item. The foregoing warranty and return policy is made expressly in lieu of any other warranties or guaranties. Essential Japanese Cooking expressly disclaims all other warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow limitations on implied warranties so these limitations may not apply to you. The warranties set forth herein give you specific legal rights and you may have other rights which vary from state to state. Any implied warranty or warranties shall expire on expiration of any express warranty.
Limits of Liability: ESSENTIAL JAPANESE COOKING’S LIABILITY FOR ANY CLAIM WHATSOEVER MADE DIRECTLY OR INDIRECTLY BY LICENSEE, INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY CLAIMS, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PRICE PAID HEREUNDER, AND ESSENTIAL JAPANESE COOKING SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. MOREOVER, ESSENTIAL JAPANESE COOKING HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT ESSENTIAL JAPANESE COOKING WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE. ESSENTIAL JAPANESE COOKING WILL MAKE REASONABLE EFFORTS TO SOLVE ANY REPORTED PROBLEMS BUT WE MUST LIMIT OUR LEGAL LIABILITY FOR OBVIOUS REASONS TO AN EXTENT WHICH IS PROPORTIONATE TO THE COMMERCIAL VALUE OF THIS TRANSACTION.
Waiver of Liability: Neither Essential Japanese Cooking, Inc. nor the original producers of this instructional video series will bear any liability for any personal injuries that result from the inherent risks involved in the kitchen. You acknowledge that you have read the Basic Kitchen Safety page of this website and You acknowledge that cooking involves certain universal risks of injury for which You claim full responsibility, and You hereby waive any right to hold Essential Japanese Cooking, Inc. or the producers of this series liable for said injuries.
This Purchase Contract and End User License Agreement, along with the Terms of Sale contained on the previous web page, constitute the entire agreement between you and Essential Japanese Cooking and supersedes any prior understanding or agreement with respect to its subject matter. It may not be amended except by written agreement between Essential Japanese Cooking and you, and it is governed by the laws of the State of Nevada without reference to conflicts of laws provisions. Any litigation regarding this agreement or any transaction between customer and Essential Japanese Cooking shall be brought in the state or federal courts located in California and the customer hereby agrees and submits to such jurisdiction and venue as proper.
BY POINTING TO AND CLICKING ON THE “I ACCEPT” BUTTON, YOU HAVE MANIFESTED YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS PURCHASE CONTRACT AND END USER LICENSE AGREEMENT. IF YOU DO NOT UNDERSTAND OR ACCEPT ITS TERMS, POINT TO AND CLICK ON THE “CANCEL” BUTTON.
