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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. Your use of this site is expressly conditioned on your
acceptance of the following terms and conditions. By using this site,
you signify your assent to these terms and conditions. If you do not
agree with any part of the following terms and conditions, you must not
use this site.
Limited permission to view using a browser and to cache granted.
All images, web site design elements, text, graphics, logos,
buttons, icons, other content, the presentation, selection and
arrangement thereof, and all software
Copyright © 2007, Calpis, U.S.A., Inc.
ALL RIGHTS RESERVED.
1. OWNERSHIP. This site, and each of its components, is
the copyrighted property of Calpis U.S.A., Inc. ("Calpis"), and/or its
various third party providers and distributors. Portions of the content
found on this site may be owned by third-party providers and
distributors and is the copyrighted work of the respective third-party
providers. None of the content or data found on this site may be
reproduced, republished, distributed, sold, transferred, or modified
without the express written permission of Calpis and/or its third-party
providers and distributors. In addition, the trademarks, logos and
service marks displayed on this site (collectively, the "Trademarks")
are registered and common law trademarks of Calpis, its affiliates, and
various third parties. Nothing contained on this site should be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of the Trademarks without the written
permission of Calpis or such other party that may own the Trademarks.
2. USE OF SITE. You may only use this site to browse the
content, make inquiries to Calpis, and not for any other purposes. This
site and the content provided in this site may not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed
without the written permission of Calpis, except that you may download,
display and print one copy of the materials presented on this site on a
single computer for your personal, non-commercial use only.
'Deep-linking', 'embedding' or using analogous technology is strictly
prohibited unless specifically authorized in writing. Unauthorized use
of this site and/or the materials contained on this site may violate
applicable copyright, trademark or other intellectual property laws or
other laws. You must retain all copyright and trademark notices, and
any other proprietary notices, contained in the materials. The use of
such materials on any other web site or in any environment of networked
computers is prohibited. You are prohibited from posting to or
transmitting from this site any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic or profane
material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law. The links from this Web site
to other websites are provided for your information and convenience
only. Calpis does not assume any responsibility or liability with
respect to any website linked from this Web site (or any website
linking to this Web site), including its content and operation. Calpis
does not review or monitor such links. A link from this Web site to
another website (or a link from another website to this Web site) does
not constitute a referral, endorsement, approval, advertising, offer or
solicitation with respect to such website, its contents, or any
products or services advertised or distributed through that website.
While this Web site may contain "links" to many sites, we are not
responsible for the content or the privacy practices employed by other
sites.
3. AGE AND RESPONSIBILITY. You represent that you are of
sufficient legal age to use this site and to create binding legal
obligations for any liability you may incur as a result of the use of
this site. You understand that you are financially responsible for all
uses of this site by you and those using your login information.
4. PRIVACY. You have read the Calpis Privacy Policy ,
the terms of which are incorporated herein, and agree that the terms of
such policy are reasonable. You consent to the use of any information
submitted to Calpis by Calpis and/or its third-party providers and
distributors in accordance with the terms of and for the purposes set
forth in the Calpis Privacy Policy.
5. EXCLUSION OF WARRANTY. CALPIS AND ANY THIRD-PARTY
PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS
SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE
PROVIDED ON AN "AS IS" BASIS. CALPIS AND ANY THIRD-PARTY PROVIDERS AND
DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR
RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH
PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE
OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Although we strive to provide on this web site the latest developments
relating to our products and services, and other information about our
company, we do not warrant the accuracy, effectiveness and suitability
of any information contained in this web site. Each person assumes full
responsibility and all risks arising from use of this Internet site.
The information is presented "AS IS" and may include technical
inaccuracies or typographical errors. Calpis reserves the right to make
additions, deletions, or modifications to the Information at any time
without any prior notification.
6. LIMITATION OF LIABILITY. CALPIS ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF
ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER
MATERIAL FROM THE SITE. IN NO EVENT SHALL CALPIS OR ANY THIRD-PARTY
PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM,
DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE
OR DELAY, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY CALPIS OR ANY
THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER
PARTY.
7. INDEMNIFICATION. You shall defend and indemnify Calpis
and any third-party providers and distributors and their officers,
directors, employees and agents from and against any claim, cause of
action or demand, including without limitation reasonable legal and
accounting fees, brought by third parties as a result of your use of
this site.
8. HEALTH-RELATED INFORMATION. You should be aware that
the material that appears on our site is for informational purposes
only and is not meant to substitute for individualized advice provided
by your own physician or other medical professional. You should not use
the information contained herein for diagnosing or treating a health
problem or disease, or prescribing any medication. You should read
carefully all product packaging. If you have or suspect that you have a
medical problem, promptly contact your health care provider.
Information and statements regarding products described on this site
have not been evaluated by the Food and Drug Administration and are not
intended to diagnose, treat, cure, or prevent any disease.
9. SUBMISSIONS. "Submissions" means all comments,
feedback, suggestions, photos, e-mail, and
similar information or materials that you submit to Calpis regarding
the products or services of Calpis. Submissions will not be
confidential and will become the property of Calpis upon submission to
Calpis. By providing any such Submissions, you agree to assign to
Calpis, at no charge, all worldwide rights, title and interest in
copyrights and other intellectual property rights to the Submissions.
You represent and warrant that any Submission you provide to Calpis
will be complete and accurate. You acknowledge that you are responsible
for the Submissions that you provide, and that you, not Calpis, have
full responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright. Calpis does
not prescreen or monitor any Submissions as a matter of policy.
Except as expressly stated and agreed upon in advance by
Calpis, no confidential relationship shall be established in the event
that any user of this Internet Site should make any oral, written or
electronic communication to Calpis (such as feedback, questions,
comments, suggestions, ideas, etc.). If any Calpis web site requires or
requests that such information be provided, and that such information
contains personal identifying information (e.g., name, address, phone
number), Calpis shall obtain, use and maintain it in a manner
consistent with our Privacy and Security policy (see below). Otherwise,
such communication and any information submitted therewith shall be
considered non-confidential, and Calpis shall be free to reproduce,
publish or otherwise use such information for any purposes whatsoever
including, without limitation, the research, development, manufacture,
use or sale of products incorporating such information. The sender of
any information to Calpis is fully responsible for its content,
including its truthfulness and accuracy and its non-infringement of any
other person's proprietary or privacy rights.
10. RELATIONSHIP. Your use of this site is independent of
Calpis and not as an employee, agent, partner, or joint venturer with
Calpis for any purpose.
11. GOVERNING LAW. This Agreement and its performance
shall be governed by the laws of the State of California, United States
of America, without regard to its conflict of laws provisions. You
consent and submit to the exclusive jurisdiction of the state and
federal courts located in Orange County, the State of California,
United States of America, in all questions and controversies arising
out of your use of this site and this Agreement.
12. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
13. MODIFICATION. Calpis may at any time modify these
terms and conditions and your continued use of this site will be
conditioned upon the terms and conditions in force at the time of your
use.
14. ADDITIONAL TERMS. Additional terms and conditions may
apply to purchases of goods and services and other uses of portions of
this site, and you agree to abide by such other terms and conditions.
15. SEVERABILITY. These terms and conditions shall be
deemed severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced
to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any
other remaining provisions.
16. HEADINGS. The heading used in these Terms and
Conditions are included by convenience only and will not limit or
otherwise affect these Terms and Conditions.
17. ENTIRE AGREEMENT. These terms and conditions,
together with those incorporated herein or referred to herein
constitute the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not be
amended or modified except in writing or by making such amendments or
modifications available on this site.
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