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Last updated: September 22, 2019

Thank you for your interest in Tajima Direct LLC (together with its parent, subsidiaries and affiliates, “Tajima Direct,” “Company,” “we” or “us”). These Terms of Use (these “Terms”) are entered into by and between you, whether personally or on behalf of an entity (“User” or “you”) and Tajima Direct. These Terms govern your access to and use of our website located at www.tajima-direct.com, as well as any other content, functionality, media form, website, application, or services offered on, linked from, or otherwise connected to the website (collectively, the “Website”).

Please read these Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy (collectively, the “Agreement”), attached below and incorporated herein by reference. If you do not agree to this Agreement, you must not access or use the Website. These Terms may change from time to time (see “Changes to these Terms,” below). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check these Terms periodically for updates.

Use of the Website

The Website is offered and available to Users who are at least 18 years old. By using the Website, you represent and warrant that you (i) are at least 18 years of age, or are using the Website with the supervision of your parent or guardian; (ii) have not previously been suspended or removed from the Website; (iii) your registration and use of the Website is in compliance with all applicable laws and regulations; and (iv) you will abide by all of the terms and conditions in this Agreement. If you do not meet all of these requirements, you must not access or use the Website. You may use the Website  only for your own noncommercial personal use and in compliance with these Terms.

Intellectual Property Rights

All content included in or made available through the Website, such as text, graphics, button icons, designs, photographs, images, audio clips, digital downloads, data compilations, source code, functionality and software (collectively, the “Content”) and the trademarks, service marks, and logos thereon (collectively, the “Marks”) is owned or controlled by us or licensed to us, and is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

You acknowledge and agree that the Content and Marks are the property of Tajima Direct and are provided on the Website for your information. You agree not to copy, reproduce, sell, license, republish, transmit, publicly display, publicly perform, upload, post, encode, translate, transmit, distribute, adapt, modify, create derivative works, or otherwise exploit for any commercial purpose whatsoever any part of the Website, the Content or Marks without the express prior written permission of Tajima Direct.

Tajima Direct respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at jacob@tajima-direct.com.

License and Access

Subject to your compliance with this Agreement and your eligibility to use the Website, Tajima Direct or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website. This license does not include any resale or commercial use of functionality of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Tajima Direct or its licensors, suppliers, publishers, rightsholders, or other content providers. No Content, Mark or other content on the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tajima Direct. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tajima Direct without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse our services. You may use our Website and the services only as permitted by law. The licenses granted by Tajima Direct terminate if you do not comply with these Terms.

User Registration; Account Security

You may be required to register with the Website. When creating your account, you must provide accurate and complete information, and you must keep such information up to date. You agree to keep your password confidential and will be responsible for all use of your account and password. You agree to accept all responsibilities for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. You may never use the account of another without their permission.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Purchases and Payment; Risk of Loss

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including e-mail address, mailing address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You will pay any applicable sales tax added to the price of purchases or any other monetary transactions, as deemed required by us. All payments shall be in U.S. dollars unless otherwise specified on the Website.

We may change prices at any time. We reserve the right to correct any errors or mistakes in pricing, including after we have requested or received payment. We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

All purchases of physical items from Tajima Direct are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Products; Website Accuracy

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that product descriptions or other content on the Website will be accurate, complete, reliable, current, or free of other errors. Your electronic display may not accurately reflect the actual colors and details of the products. If a product offered by Tajima Direct is not as described, your sole remedy is to return it in unused condition. All products are subject to availability, and we cannot guarantee that products described or displayed on the Website will be in stock. We reserve the right to discontinue any products at any time for any reason. We reserve the right to revise, suspend, or terminate an event or promotion at any time without notice.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. Nothing in these Terms will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime, suspension or discontinuance of the Website, or for any Website modification or price change.

Website Management

We reserve the right, but not the obligation, to: (i) monitor the Website for violations of these Terms; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (iv) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

Prohibited Activities

You may use the Website only for lawful purposes and in accordance with this Agreement. As a User of the Website, you agree not to:

1.     Make any unauthorized use of the Website, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

2.     Use a buying agent or purchasing agent to make purchases on the Website;

3.     Use the Website to advertise or offer to sell goods and services;

4.     Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;

5.     Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;

6.     Make improper use of our support services or submit false reports of abuse or misconduct;

7.     Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;

8.     Attempt to impersonate another User or person or use the username of another User;

9.     Use any information obtained from the Website in order to harass, abuse, or harm another person;

10.   Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise;

11.   Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;

12.   Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

13.   Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you;

14.   Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;

15.   Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); or

16.   Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

We have the right to terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of this Agreement.

Submission of Content; User Activity

From time to time, we may make available on this Website services, features or sections that allow Users to post or upload materials to the Website or to our servers. You understand that all information, communications, data, ideas, feedback, text, software, music, sound, photographs, graphics, video, messages or other materials (“Submissions”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Submissions originated.  That means you, and not Tajima Direct, are entirely responsible for all Submissions that you post, e-mail, transmit, or otherwise make available through the Website or any associated services.

You acknowledge and agree that any Submissions provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions. You hereby represent and warrant that any such Submission is original to you or that you have the right to submit such Submission. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Without limiting the foregoing, you specifically agree that you will not: (a) provide any Submission that is unlawful or that advocates illegal activity; (b) provide any Submission that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Submission that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Submission that contains software viruses or harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission you provide. You agree to indemnify Tajima Direct and its affiliates for all claims resulting from or related to your Submissions.

Third-Party Websites and Content

The Website may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Term and Termination

These Terms shall remain in full force and effect while you use the Website. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may, at our sole discretion and without warning, terminate your use or participation in the Website or delete your account and any content or information that you posted at any time.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Warranty Disclaimer; Limitation of Liability; Remedy

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY TAJIMA DIRECT ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TAJIMA DIRECT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS INCLUDED ON THIS WEBSITE, OR TO THE OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TAJIMA DIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISIGN THROUGH COURSE OF DEALING OR USAGE OF TRADE. TAJIMA DIRECT DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, TAJIMA DIRECT’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TAJIMA DIRECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TAJIMA DIRECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

You agree that if you are dissatisfied with the Website or any services offered in connection with the Website, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Tajima Direct with respect to this Agreement or the Website, your sole and exclusive remedy is to discontinue using the Website and any services offered in connection with the Website.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, successors and assigns, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your use of the Website; (ii) your breach of this Agreement; (iii) any breach of your representations and warranties set forth in these Terms; (iv) your violation of the rights of a third party, including but not limited to intellectual property rights; (v) any overt harmful act toward any other user of the Website with whom you connected via the Website; or (vi) your violation of any law or the rights of any third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law

These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. The application of the United Nations Conventions on Contracts for the International Sales of Goods is expressly excluded.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. YOU UNDERSTAND THAT WITH THIS PROVISION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, A RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would.

To begin an arbitration proceeding, you must send us a letter requesting arbitration and describing your claim to [●]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

In no event shall any Dispute brought by either party related in any way to the Website be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Electronic Communications, Transactions, and Signatures

Visiting the Website, sending us e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Notices

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via e-mail notice, or through conspicuous posting of such notice on the Website, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provide that you may opt out of certain means of notification.

Miscellaneous

These Terms and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Accessibility

Tajima Direct is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and in doing so adhere to many of the available standards and guidelines.

Whilst Tajima Direct Optics strives to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the Website. We are continually seeking out solutions that will bring all areas of the Website up to the same level of overall web accessibility. In the meantime should you experience any difficulty in accessing the Tajima Direct website, please contact us.

Changes to these Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms without notice at any time and for any reason. Changes to these Terms will be posted on the Website and the “Last Updated” date of these Terms will be updated accordingly. You waive any right to receive specific notice of such changes to these Terms. It is your responsibility to periodically review these Terms to stay informed of any updates. Your continued use of the Website after an update of these Terms will be deemed as consent to any such change to these Terms.

Contact Us

We welcome your questions, comments, and feedback. Please contact us at jacob@tajima-direct.com.