Terms of use

BACKGROUND

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, us.bulkhomme.com (“Our Site”). Please read these Terms of Use carefully. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of goods. Please refer to Our Terms of Sale for more information.

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS, INCLUDING AN ARBITRATION AGREEMENT IN CLAUSE 17 (DISPUTE RESOLUTION). UNLESS YOU OPT OUT, THE ARBITRATION AGREEMENT REQUIRES MOST DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, ELIMINATES YOUR ABILITY TO PURSUE DISPUTES AS PART OF A CLASS OR GROUP, AND WAIVES YOUR RIGHT TO A TRIAL IN COURT AND BY A JURY.

1. DEFINITIONS AND INTERPRETATION

1.1In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User” means a user of Our Site;

“We/Us/Our” means BULK HOMME CO., LTD., a company registered in Japan, with a business address of Joule A 4F, 1-10-10 Azabujuuban, Minato-ku, Tokyo 106-0045 Japan.

2. INFORMATION ABOUT US

Our Site, us.bulkhomme.com, is owned and operated by BULK HOMME CO., LTD.

3. ACCESS TO OUR SITE

3.1 Access to Our Site is free of charge.

3.2 it is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. ACCOUNTS

4.1 parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We suggest that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You are liable for all activity occurring under your account. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at contact_usa@bulkhomme.com We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 12.

4.7 If you wish to close your Account, you may do so at any time. If you wish to do so please contact Us at contact_usa@bulkhomme.com

5.INTELLECTUAL PROPERTY RIGHTS

5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United States and international intellectual property laws and treaties.

5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download Our Site (or any part of it) for caching;

5.3.3 Print one copy of any page(s) from Our Site;

5.3.4 Download extracts from pages on Our Site; and

5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

6. LINKS TO OUR SITE

6.1 may link to Our Site provided that:

6.1.1 you do so in a fair and legal manner;

6.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

6.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and

6.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

6.2 You may not link to any page other than the homepage of Our Site, us.bulkhomme.com. Deep-linking to other pages requires Our express written permission. Please contact Us at contact_usa@bulkhomme.com for further information.

6.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at contact_usa@bulkhomme.com for further information.

6.4 You may not link to Our Site from any other site the main content of which contains material that:

6.4.1 is sexually explicit;

6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

6.4.3 promotes violence;

6.4.4 promotes or assists in any form of unlawful activity;

6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

6.4.7 is calculated or is otherwise likely to deceive another person;

6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.4);

6.4.10 implies any form of affiliation with Us where none exists;

6.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.5 The content restrictions in sub-Clause 6.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

7. LINKS TO OTHER SITES

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8. DISCLAIMERS

8.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale for more information

8.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

9. OUR LIABILITY

9.1 The provisions of this Clause 9 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale

9.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

9.4 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

10. VIRUSES, MALWARE AND SECURITY

10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6 Your right to use Our Site will cease immediately in the event of your breach of sub-Clauses 10.3 to 10.5.

11. ACCEPTABLE USAGE POLICY

11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:

11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

11.2.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

11.2.2 11.2.2 issue you with a written warning;

11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.2.4 take further legal action against you as appropriate;

11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.2.6 any other actions which We deem reasonably appropriate (and lawful).

11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

12. PRIVACY AND COOKIES

Use of Our Site is also governed by Our Privacy and Cookies Policies, available from Our Privacy Policy. These policies are incorporated into these Terms of Use by this reference.

13. CHANGES TO THESE TERMS OF USE

13.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

13.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

13.2 We may assign these Terms of Use and all incorporated agreements in our sole discretion. You may not transfer or assign these Terms of Use, nor any obligations therein, absent Our express, written consent.

14. Take Down Policy

14.1 If you believe that any Content on Our Site infringes upon any copyright or other intellectual property or proprietary right, you may contact Us to request that such Content be removed at the following address (a "Take Down Notice"): contact_usa@bulkhomme.com

14.2 When submitting a Take Down Notice, please include the following information:

14.2.1 Your complete contact information (including your full legal name, address, telephone number and email address).

14.2.2 description of your complaint.

14.2.3 A description of the copyrighted material that you claim has been infringed.

14.2.4 A description of the Content which you claim is infringing.

14.2.5 A statement that you have a good faith belief that the use you are complaining about is not authorized by the copyright owner, its agent, or the law.

14.2.6 A statement by you declaring under penalty of perjury that: (a) the information in your notice is accurate, and (b) that you are the owner of the copyright or other interest involved or that you are authorized to act on behalf of that owner.

14.3 Upon receipt of a Take Down Notice or other complaint, We may take whatever action, in Our sole discretion, We deem appropriate, in accordance with applicable law (including with the safe harbor provisions of the Digital Millennium Copyright Act (DMCA)).

14.4 We also have the right (but not the obligation) to review any Content, and to delete, take down or remove any Content that We determine, in Our sole discretion: (a) does not comply with these Terms of Use, (b) might violate any laws or infringe upon any rights of third parties, (c) might adversely affect Our reputation or goodwill, or (d) should be taken down for any other reason determined at Our discretion. In appropriate circumstances, We will disable or terminate accounts of users who are repeat infringers.

14.5 We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate in respect of any Content which We determine is in breach of this policy.

15. CONTACTING US

To contact Us, please email Us at contact_usa@bulkhomme.com or using any of the methods provided on Our contact page at Contact.

16. COMMUNICATIONS FROM US

16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at contact_usa@bulkhomme.com or via Our contact us page.

17. DISPUTE RESOLUTION

17.1 PLEASE READ THIS CLAUSE 17 CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED. This Clause is deemed to be a “written agreement to arbitrate” pursuant to the US Federal Arbitration Act. You and Us agree that We intend that this Clause satisfies the “writing” requirement of the Federal Arbitration Act.

17.2 We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you and Us may have. Therefore, pursuant to these Terms of Use, if you have any past, present, or future dispute or disagreement with Us regarding (i) your use of or interaction with Our Site, (ii) any purchases or other transactions or relationships with Us, or (iii) any data or information you may provide to Us or that Us may gather in connection with such use, interaction, or transaction (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with Our Site, or engaging in any other Transactions or Relationships with Us, you agree to binding arbitration as provided below.

17.3 We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with Us. If those efforts fail, by using Our Site, you agree that any complaint, dispute, or disagreement you may have against Us, and any claim that We may have against you, arising out of, relating to, or connected in any way with these Terms of Use, Our Privacy Policy, or any Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, We agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Clause, provided, however, that in no event may such Minimum Standards contravene or restrict the application of sub-Clauses 17.4.5 and 17.4.8 below.

17.4 You further agree that:

17.4.1 The arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Use and the arbitration provisions in this Clause 17, including but not limited to any claim that all or any part of these Terms of Use is void or voidable.

17.4.2 The Arbitration will be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

17.4.3 The arbitrator (i) will apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York State or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief.

17.4.4 The Arbitration can resolve only your and Our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

17.4.5 The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

17.4.6 In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, We will pay as much of your filing and hearing fees in connection with the Arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

17.4.7 If, through the process set forth in this Clause 17, you recover an Award greater than Our last written settlement offer, We will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and We will bear Our own attorneys’ fees.

17.4.8 With the exception of sub-Clause 17.4.4 above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Us shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

17.4.9 No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

17.4.10 Notwithstanding the foregoing, We or you may submit any dispute, cause of action, claim, or controversy relating to Our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.

18. Indemnity

You will defend, indemnify, and hold Us and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of Our Site or other content, message, or information you provide or transmit on or through Our Site; (b) your violation of any of these Terms of Use; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party’s access and use of Our Site with your unique username, password, or other appropriate security code.

19. Constructions, Law and Jurisdiction

19.1 If any of the provisions of these Terms of Use are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Use. The remainder of these Terms of Use shall be valid and enforceable.

19.2 These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of the State of New York, without giving effect to conflicts-of-law principles thereof.

19.3 To the extent the provisions of Clause 17 do not apply, any dispute, controversy, proceeding or claim between you and Us relating to these Terms of Use, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the state and federal courts located in New York County in the State of New York, and you agree to submit to the personal jurisdiction of such courts.