TERMS OF USE

Last updated: April 12th, 2021

These terms of use (the “Terms of Use”), together with our Privacy Policy found at and our Privacy Notice for California Residents, each incorporated herein by reference (collectively, the “Privacy Policy”, and together with the Terms of Use, the “Terms”) govern your access to and use of the website (the “Website”), our online store accessible via the Website, and associated Content (as defined in Section 4.1) (collectively, the “Service”), and constitute the entire, complete, and binding agreement between you and Yagi Tsusho Limited, a company formed under the laws of Japan (“Yagi Tsusho”). The terms “we”, “us” and “our” also refer to Yagi Tsusho. The term “you” refers to the person visiting this Website.
Yagi Tsusho owns and operates the Service. The offer of the Service to you is conditioned upon your acceptance of these Terms. Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy as they appear on each respective date that you use the Service. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age and at least 18 or older to form a binding contract with Yagi Tsusho and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
Please ask us any questions you may have regarding the Terms by writing an email to: info-export@yagitsu.co.jp.

■ 1. LOCATION; CHANGES; DURATION

1.1 Location. The Service is provided to and accessed by users solely at our business location Japan (the “Business Location”). You agree that, by accessing and using the Service, or any part thereof, you are choosing of your own volition to accept to be bound by these Terms and that you are availing yourself of the Service at the Business Location. Yagi Tsusho makes no representations or warranties that the Service is appropriate or available for users accessing the Service at the Business Location from any location outside the United States. BEFORE YOU ATTEMPT TO ACCESS THE SERVICE FROM ANY LOCATION OUTSIDE OF THE UNITED STATES, BE AWARE THAT THE SERVICE MAY CONTAIN CONTENT OR LINKS TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE, OR THAT ARE PROHIBITED, IN THE LOCATION OUTSIDE THE UNITED STATES; AND THAT YOU THEREFORE ACCESS THE SERVICE SOLELY AT YOUR OWN RISK.

1.2 Changes. We reserve the right to modify, amend, or otherwise change these Terms, in whole or in part, at any time and at our sole discretion with or without previous notice. Such changes to the Terms will take effect as of the “Last updated” date stated at the beginning of these Terms. Each time you access the Service, you agree to be bound by the most current version of the Terms. However, it is ultimately your responsibility to review the Terms for any changes before using the Service. You may not change any elements of the Terms without our prior written consent. By continuing to use the Service, you thereby consent to any and all updates to the Terms.

1.3 Duration.Upon any access or use of the Service, the Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.

■ 2. USE OF THE SERVICE

2.1 Limited License to Use the Service. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by Yagi Tsusho, its third-party providers and other respective owners, if any. Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful purposes. This license does not grant any ownership right, title, interest, or any other rights in the Service. If you breach any of these Terms, the above license will terminate automatically.

2.2 User Account .

(a)

Account Registration and Password. You may create an account (an “Account”) by providing your full name, country, email address, address, shipping address, and telephone number, and registering with your email address and password. After creating an Account, you may not have more than one user account or profile, nor may you apply to open an alternative account if your Account is suspended, restricted, or terminated for any reason. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

(b)

Responsibility for Your Account. You are solely responsible for your Account. So long as you have an Account on the Service, you agree to safeguard your login credential and to supervise and take full responsibility for any use of and activity on your Account by you or anyone other than you (whether authorized by you or not). You agree to immediately notify us of any unauthorized use of your Account or password and to report a lost or stolen Account to us at: info-export@yagitsu.co.jp. YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF YAGI TSUSHO OR ANY AFFILIATE WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO YAGI TSUSHO.

(c)

Account Disablement. You may disable your Account at any time, for any reason, by sending us an email at info-export@yagitsu.co.jp. Yagi Tsusho also reserves the right to terminate, restrict, or suspend your Account at any time with or without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, at our sole discretion. Yagi Tsusho is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. If your Account is terminated for any reason, these Terms will survive such termination.

2.3 Information About You. We may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you in a manner governed by our Privacy Policy. Yagi Tsusho may use such information without monetary compensation to you and in consideration for the various services and Content (defined below) provided or made available to you through the Website. If you want to use certain features of the Service, including to request Sample Products (as defined below) online, you may have to provide information such as your [full name, country, email address, address, shipping address, and telephone number]. You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF YAGI TSUSHO OR ANY AFFILIATE WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND, (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO YAGI TSUSHO.

2.4 Restrictions on Your Use of the Service. You agree that you will NOT use the Service in any way not expressly permitted by these Terms or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:

(a)

use the Service in a way that violates any law or infringes the rights of any person;

(b)

use the Service to sell access to the Service, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit;

(c)

act as an agent, affiliate, or representative of Yagi Tsusho or the Service;

(d)

suggest or imply that Yagi Tsusho or the Service has any relationship or affiliation with any other company or services, or that Yagi Tsusho endorses, sponsors, or recommends the Contents, products or services on any website, webpage, or other platform;

(e)

modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service;

(f)

circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service;

(g)

impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure;

(h)

deep-link to any portion of the Service for any purpose; and,

(i)

frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, product, or service unless you have Yagi Tsusho’s express prior written permission to do so.

Additionally, you acknowledge and agree that you (and not Yagi Tsusho) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software and services needed for you to access and use the Service, and paying all charges related thereto.

■ 3. REQUEST FOR PRODUCTS

We have available on the Website an online platform that allows you to request sample fabrics (the “Sample Products”). Through the Website you will be able to browse our Sample Products and make requests.

3.1 Confirmation. When you make a request for a Sample Product, you agree to do so subject to the provisions of these Terms. All requests are subject to availability. We will provide an email with a confirmation after receipt of your request. Your receipt of a confirmation merely confirms our receipt of your request and neither indicates our acceptance of your request nor confirms our offer to ship a Sample Product. We reserve the right to refuse or limit your request. We may in our sole discretion limit or cancel quantities we ship to anyone. In the event we make a change after we send you our confirmation, we will attempt to notify you by contacting you at the email address provided at the time the request was made.

3.2 Shipment Confirmation and Delivery. All requests are also subject to our acceptance, and we will confirm such acceptance by sending you an email confirming the Sample Products have been shipped. We will choose the method of shipment and timing of delivery for Sample Products. You may be charged shipping and handling charges. We cannot guarantee an arrival date.

3.4 Errors, Inaccuracies, and Omissions. We seek to present the most recent, accurate, and reliable information on the Service at all times. However, occasionally information on the Service may contain typographical errors, inaccuracies, or omissions that relate to Sample Product descriptions and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Sample Product information at any time without prior notice.

3.5 Colors. We seek to display as accurately as possible the colors and other characteristics of Sample Products that appear on the Service. However, we cannot guarantee that the color and other characteristics of the Sample Product you see on the Service matches the actual Sample Product.

3.6 Cancellation. We reserve the right to cancel, modify, or suspend any shipment if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

3.7 No Product Warranty.TO THE FULLEST EXTENT PERMITTED BY LAW, YAGI TSUSHO MAKES NO (AND EXPRESSLY DISCLAIMS ALL) WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SAMPLE PRODUCTS SUPPLIED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YAGI TSUSHO MAKES NO CLAIM, REPRESENTATION, OR WARRANTY OF ANY KIND AS TO THE UTILITY OF THE SAMPLE PRODUCTS FOR CUSTOMER’S INTENDED USES.

■ 4. CONTENT

4.1 Definition of Content. “Content” in the Terms means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (“APIs”), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Website, or any other content through Website that is copyrighted and/or trademarked work of Yagi Tsusho.

4.2 Content of Yagi Tsusho or Our Affiliates. One or more of Yagi Tsusho, or our affiliates or licensors own all Content, and we reserve the right to change or remove such Content from the Website for any reason and without notice to you. You may NOT reproduce Content found on the Website in other websites or platforms without obtaining our prior written consent.

■ 5. ELECTRONIC COMMUNICATIONS.

This section does not apply to information supplied by you to the Service that can identify you personally. Yagi Tsusho believes in protecting your privacy. Please visit our current Privacy Policy, which also governs your use of the Service, to understand our practices. If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to Yagi Tsusho, whether by letter, email, telephone, through the contact form on our Website, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to Yagi Tsusho all right, title, and interest in, and Yagi Tsusho is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable in any jurisdiction, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that Yagi Tsusho is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback anywhere, and you have no right to compel such use, display, reproduction, or distribution. Yagi Tsusho may use aggregated and statistical data derived from Website usage.

■ 6. LINKS

6.1 Links to Third-Party Websites. The Service may contain links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. Yagi Tsusho has no control over such third party websites or resources, and you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that Yagi Tsusho will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource. Moreover, your correspondence and business dealings with other third parties found on or through the Service, including payment and delivery of any advertised goods or services—and any other terms, conditions, warranties or representations associated with such dealings—are solely between you and such other user or third party. You agree that Yagi Tsusho shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on our Website.

6.2 Links From Third-Party Websites to Yagi Tsusho Website. Unless we provide you with written consent giving you broader rights to link or advertise the Service on third-party websites, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner. You may link to the Service only in compliance with these Terms, and only in the following instances:

(a)

The link does not reproduce the Content, totally or partially, in any way;

(b)

The link does not contain false, inaccurate or incorrect statements about Yagi Tsusho or its affiliates, or the Service, in particular, statements that imply that Yagi Tsusho in any way authorizes or approves the provision of the link, or the products or services of the third-party where the link is provided;

(c)

The look and feel of all Content that accompanies the link or is on the same page as the link (for example, the entire article in which the link appears, even if it is not all on the same page as the link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with Yagi Tsusho’s name, reputation or any of its trademarks, trade names or service marks, as determined by Yagi Tsusho in its sole discretion; and,

(d)

The third-party websites or resources where you link the Services do not contain or promote illicit, illegal, vulgar, obscene, sexual, erotic, pornographic, degrading, or otherwise inappropriate content, or racially, ethnically, or otherwise inappropriately discriminatory language as determined by us in our sole discretion.

■ 7. INTELLECTUAL PROPERTY RIGHTS.

Any trademarks and service marks, trade names, trade dresses, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, and proprietary ideas that are displayed, performed, transmitted, or otherwise appearing on the Service (collectively, the “IP”) are owned by Yagi Tsusho, licensed to Yagi Tsusho, or used by Yagi Tsusho in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with another legal exception or exemption. Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior written authorization. Any unauthorized reproduction or distribution of the Service or Content that you do not own, or parts thereof, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: info-export@yagitsu.co.jp.

■ 8. INDEMNIFICATION.

You agree to defend, indemnify, reimburse, and hold harmless Yagi Tsusho and its affiliates, as well as its and their respective shareholders, directors, members, officers, employees, agents, advisors, subsidiaries, affiliates, assignors and licensors from and against any and all claims, causes of action, actions, demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, attorney, paralegal, expert witness, investigation, and accounting fees, arising from or related to (i) your use or misuse of any access to the Service, (ii) your breach of any provision in these Terms, (iii) any of your representations or warranties made herein, (iv) your violation of any applicable law, rule or regulation, or rights of any third party, (v) any claim that any information provided by you to Yagi Tsusho in connection with the Service, including the Content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party IP rights, or violation of any right of privacy or publicity; and/or (vi) any dispute that you have with any third party relating to or in connection with the Service. We will have the option to assume the exclusive defense and control of any action to which Yagi Tsusho is named a party, and you agree to cooperate with us in asserting any available defenses we find appropriate. NOTHING STATED IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.

■ 9. DISCLAIMERS AND LIABILITY LIMITATIONS.

9.1 Warranty Disclaimers.

(a)

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

(b)

YOUR USE OF THE SERVICE AT YOUR OWN RISK. THE SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YAGI TSUSHO NOR ANY PERSON ASSOCIATED WITH YAGI TSUSHO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER YAGI TSUSHO NOR ANYONE ASSOCIATED WITH YAGI TSUSHO REPRESENTS OR WARRANTS THAT THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

(c)

TO THE FULLEST EXTENT PERMITTED BY LAW, YAGI TSUSHO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

(d)

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.2 Yagi Tsusho’ Liability is Limited. You agree, to the maximum extent permitted under applicable law, not to hold Yagi Tsusho or its affiliates, or its or their respective shareholders, officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees responsible or liable for any damages or remedies of any kind arising from your use of the Service, or from a delay or inability to access or use the Service (including, but not limited to, your reliance upon third party information, content, user content, reviews and opinions appearing on the Service, viruses, errors, linked sites, properties, products and services obtained through the Service) including but not limited to any direct, indirect, incidental, special, exemplary, punitive, lost profits, lost goodwill, lost data, waste of expenditures, cost of substitute, and consequential damages, even if we were expressly advised about the possibility of such damages. To the extent Yagi Tsusho, its affiliates, or its or their respective officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or licensees can be or is found liable for any loss or damages of any kind arising from your use of the Service, such liability is expressly excluded to the fullest extent permitted by law; and, in any event the total of any such liability shall be limited and capped in aggregate to a maximum of one hundred U.S. Dollars (US$100). In cases where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, Yagi Tsusho’s liability will be limited to the fullest extent permitted by applicable law.

■ 10. MODIFICATION OF THE WEBSITE . At any time and in Yagi Tsusho’s sole discretion, Yagi Tsusho may (in whole or in part) modify, suspend or discontinue the Service and/or any Content without notice, for any reason. We shall have no liability to you or to any third party for any such modification, suspension or discontinuance.

■ 11. ENFORCEMENT. The remedies available to Yagi Tsusho in these Terms are cumulative and in addition to any others available to Yagi Tsusho. Yagi Tsusho may seek all remedies available to it at law for any violation of these Terms. Yagi Tsusho may suspend, terminate or block your access to the Service (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract. We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Service. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) system administrators at Internet service providers, networks or computing facilities; and (iii) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Service, including without limitation your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena or other legal process or governmental or regulatory request.

■ 12. GOVERNING LAW AND JURISDICTION.

12.1 Governing Law
These Terms are made in, entered into, governed by, and will be construed in accordance with the laws of Japan, without resort to its conflict of laws provisions.

12.2 Jurisdiction
Each party irrevocably agrees that the courts located in Japan shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

12.3 Irreparable Harm
You acknowledge that unauthorized use of the Service or Content or other breach of these Terms could result in immediate and irremediable damage to Yagi Tsusho, and that money damages alone would be inadequate to compensate Yagi Tsusho. Therefore, in the event of your breach or threatened breach of any provision of these Terms, Yagi Tsusho may, in addition to all other remedies, immediately obtain and enforce injunctive relief in any jurisdiction prohibiting the breach or compelling specific performance.

■ 13. GENERAL PROVISIONS.

13.1 Relationship of the Parties
No agency, partnership, joint venture, or employment relationship is created or exists between you and Yagi Tsusho or our affiliates unless expressly stated in another agreement.

13.2 Waivers
The failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.

13.3 Entire Agreement
These Terms constitute the full agreement in respect of your use of the Service, and supersede any other communication, understanding or agreement between you and Yagi Tsusho concerning the Service.

13.4 Severability
If any provision of these Terms is deemed to be unenforceable or invalid by any court of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms will otherwise remain in full force and effect.

13.5 Assignments
You may not assign or transfer the Terms or any licenses and rights discussed herein. Any attempt by you to assign, transfer, delegate or sublicense the Terms, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Terms or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

13.6 Notices
All notices we are required to give you may be delivered electronically by email or through the Website. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address. Notices we send you will be deemed delivered when emailed or transmitted by us.

All notices, approvals, requests or demands you make to Yagi Tsusho, shall be in writing, and shall be sent by express courier as follows:

[Address: info-export@yagitsu.co.jp]

13.7 All Rights Reserved
All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.