(Last Updated December 7, 2016)
When you place an order through SushiTower.com or any of its affiliated websites, you agree to the Terms set forth below. This document (“Agreement”) is a legally binding agreement made by and between STC Group, LLC dba Sushi Tower LLC (STC) and you (“you”). This Agreement governs your use of this website and the products & services offered on this website (“Products”). Please take a few minutes to carefully read the contents of this Agreement.
BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND FULLY CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT USE, ACCESS, OR PURCHASE PRODUCTS OR SERVICES FROM THIS WEBSITE. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND STC REGARDING YOUR USE OF THE WEBSITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE
This Agreement includes a class action waiver and mandatory arbitration clause. STC reserves the right to change or modify the Terms of this Agreement at any time and for any reason without prior or subsequent notification(s). Your continued use of this website will be governed by the Terms that are in force at the time of use.
USE OF THE WEBSITE
Except as expressly provided below, you are hereby granted a limited, non-exclusive right to use the content and materials on this Website in the normal course of your use of the Website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this Agreement. You may only use the Website or make purchases on the Website if you are the age of majority in your state. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. In your use of the Website and the services available on the Website (“Services”), you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any web sites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other “hidden text” utilizing the Sushi Tower name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
By posting, storing, or transmitting any content on or to the Website, including photos, videos, recipes, reviews, testimonials, endorsements, or other graphics, you hereby grant STC a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any. STC does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that STC or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement)
ACCURACY OF INFORMATION
STC attempts to ensure that the information on this Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge and agree that by clicking on any buttons labeled “ORDER”, “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or similar links as may be designated by STC to accept the Terms outlined in this Agreement, you are submitting a legally binding electronic signature and are willfully entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, 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 THROUGH THE SITE OR SERVICES OFFERED BY STC. Further, 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 other than electronic means.
INTELLECTUAL PROPERTY RIGHTS
All materials on this Website, including without limitation, the software, logos, design, text, graphics, images, photographs, recipes, illustrations, audio and video material, user interfaces, sounds, artwork, computer code (including html code), electronic files, products, trademarks, copyrights, other information, and the selection and arrangement thereof are either owned by STC or are the property of its suppliers or licensors or other companies. You may not use such materials without permission. Sushi Tower is a registered trademark of STC Group, LLC and is therefore owned by STC. The related design marks, and other trademarks on the Website are also owned by STC or its suppliers, licensors, or other companies. Page headers, custom graphics, button icons and scripts are trademarks or trade dress owned by STC. You may not use any of these trademarks, trade dress, or trade names without the express written permission of STC or its officially designated agents. You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website.
THIRD PARTY WEBSITES
SushitTower.com may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Website (“Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to STC of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments. You will, at our cost, execute any documents to effect, record, or perfect such assignment. We will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
Except where prohibited by law, you agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees harmless from any liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, costs and expenses (“Claims”), made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another or (f) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
EXCEPT WHERE PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT.
WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIRECT DIGITAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DIRECT DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS T&C (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR CONNECTED WITH YOUR USE OF THIS WEBSITE, MUST BE FILED WITHIN ONE CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.
STC reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected credit card fraud, or any other fraud on the company. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
If you purchase any Products or Services on this Website, you will be responsible for paying any applicable state and local sales tax indicated on the Website.
To be considered for a refund, products must be unopened and in the original packaging with all components included. If you plan to return a product, please follow the procedure below:
Send an Email to [email protected] within 30 days of purchase and request a Return Merchandise Authorization (RMA) number. In the email, please provide your full name, address, telephone number, email, and detailed reason for the return. Product issues not declared within 30 days of purchase date are not entitled to a refund. After receipt of your email, you will be provided an RMA number via reply email within 5 business days.
Send your product with RMA number clearly written on the outside of the box to: STC Group LLC, MS #157, 7103 S Redwood Road, West Jordan, UT 84084. Your return package must be postmarked within 30 days of purchase and you must pay all return shipping charges. The Returns Department does not accept any packages without an authentic RMA number. Packages marked “Return to Sender” or “Refused” will not be accepted and are not eligible for a refund. It is recommended that you get proof of delivery confirmation from your post office.
Upon receipt of your return and valid RMA number, a refund minus a 15% Restocking Fee will be issued to the credit card used at the time of purchase. S&H charges are non-refundable. Please allow two billing cycles for the return to be posted to your credit card account.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Utah, without regard to principles of conflict of laws thereof.
All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, the Terms of this Agreement (including its formation, performance or alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, STC will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified STC in writing and provided a copy of the arbitration proceedings. However, if STC is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to STC. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Salt Lake City, Utah, but may proceed telephonically if the claimant so chooses. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms of this Agreement may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of Utah to enforce the Terms of this Agreement or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
WAIVER OF CLASS ACTION RIGHTS
ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. THE PARTIES TO THIS ARBITRATION AGREEMENT ACKNOWLEDGE THT THIS CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF ANY PORTION OF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR CANNOT BE ENFORCED, THEN THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST STC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
STC will have the right to terminate your access to the Website if we reasonably believe you have breached any of the Terms of this Agreement. Following termination, you will not be permitted to use the Website and we may, in our discretion, cancel any outstanding orders for the Product or Services. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This Agreement shall survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Website.
You acknowledge and understand that if the Website is unable to provide the Products as a result of an event outside of its control, the Website will not be in breach of any of its obligations towards you under these Terms. This Agreement contains the entire understanding between you and STC regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement and all of your rights and obligations under it may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
Questions related to the Terms of this Agreement may be sent to [email protected]