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Terms & Conditions

Momiji Master LLC Terms of Service

These Terms of Service (“Terms”) govern our online relationship with you and your access to and use of our website, momijisushi.com (“Site”) and/or our Apple and/or Google apps. We, Momiji Master LLC, is hereinafter referred to as “Momiji” or the “Service”. Please read these Terms carefully and contact us if you have any questions. Please, do not use the Service to do or share anything that is contrary to these Terms. By accessing or using Momiji, you agree to be bound by these Terms. 

  1. The Service

Momiji advertises the locations and the menus of its restaurants throughout Oregon. We also offer a Membership Subscription service that provides for discounts on menu items and other benefits described in the Subscription portal. We only collect limited personal information of Members in and through the Subscription portal. 

  1. Using Momiji

You may use Momiji subject to these Terms and all applicable laws. Using Momiji may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates. 

Any use or access to Momiji by anyone under the age of 13 is not allowed. If you are 13 to 18, you may only use the Service with the permission of your parents or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. In using Momiji, you agree not to access content from Momiji in unauthorized ways. Any use of Momiji not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Subject to your compliance with these Terms, we hereby grant you a limited license to access and use the Service as contemplated under these Terms. All rights not expressly granted to you are reserved by us.

  1. Intellectual Property

Momiji has or may have, from time to time, Copyrights and/or Trademarks which may appear on the Site or in the Apps. Such Copyrights and/or Trademarks are fully protected in accordance with all applicable intellectual property laws. You acknowledge and agree that, as between you and us, we own all right, title and interest in and to Momiji and all intellectual property rights (including but not limited to the copyrights, trademarks and patents) therein (the “Momiji IP”). No right, title or interest in or to Momiji or any Momiji IP is transferred to you hereunder and we reserve all rights not expressly granted herein.

  1. Security

We care about the security of information from our Subscribers and users. While we work to protect the security of your limited personal information, we can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. Keep your password secure and do not disclose it to any other person or entity. Please notify us immediately of any unauthorized access to your Subscriber account or any other breach of security.

  1. Termination

We may terminate or suspend your Subscriber account for any violation of these Terms. Where appropriate, we will provide you with written notice and you may appeal a decision you think was made in error. You may also terminate or delete your account at any time. Upon termination, all relevant Sections of these Terms will continue to be operative.

  1. Disclaimers

To the extent permitted by applicable law, the Service and all content on Momiji and/or it’s apps are provided on an “as is” basis without warranty of any kind, whether express or implied. We may make changes to Momiji and/or its apps for various reasons. We will have no liability for any change to Momiji and/or its apps or any suspension or termination of your Subscription or access to, or use of Momiji. The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by applicable law.

  1. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or other tangible and/or intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; or (b) unauthorized access, use or alteration of your Subscriber account. In no event shall our aggregate liability for any and all claims relating to the Service exceed One Hundred U.S. dollars (U.S. $100.00). The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

  1. Arbitration

In the unlikely event of any dispute that you may have with us, you agree to first contact us and try to resolve the dispute informally. We are committed to extend every reasonable effort to do so. To the extent permitted by law, neither party may initiate any legal proceeding—whether in court, arbitration, or any other forum—until the Notice of Dispute and Informal Dispute Resolution processes described below are completed. Nothing in this Section, however, will prevent either you or us from seeking temporary injunctive relief in court (or in arbitration) to preserve the status quo or to help enforce this arbitration clause at the outset of any dispute.

A party with a dispute must first send us a Notice of Dispute, which must include your full name; your Momiji Subscriber name, if applicable,  the best email address we can utilize to reach you; your counsel, if you are represented by counsel; a detailed description of both the dispute and the alleged harm; and your signature. That information should be emailed to the following: support@momijiinc.com.  The notice can only be sent on behalf of an individual party; a Notice of Dispute that asserts the rights of more than one party is ineffective. After receiving the Notice of Dispute, Momiji will respond within 30 days to attempt to resolve the dispute amicably. After the 30-day period has elapsed, either party may initiate arbitration.

Arbitration: In the unlikely event that we haven’t been able to resolve the dispute through the mandatory processes above, you and we each agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Service through binding arbitration or, for qualifying claims, in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. By accepting these Terms, you agree that you and Momiji are each waiving the right to a trial by jury or to participate in a class action. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Any arbitration will be administered by the American Arbitration Association (“AAA”) in Oregon under the applicable rules then in effect for the AAA. If the AAA rules conflict in any way with these Terms, the Terms will govern. You can find AAA’s forms at www.adr.org. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. A judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. If the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party.

Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. To the extent any dispute isn’t arbitrable under applicable laws or otherwise, you agree that the dispute will be resolved exclusively in accordance with Section 9 of these Terms.

  1. Governing law and jurisdiction

These Terms and your use of the Service shall be governed by the laws of the State of Oregon, without respect to its conflict of laws principles. For any actions not subject to Section 8 (Arbitration), the exclusive place of jurisdiction for any claim, dispute, or controversy arising from or in connection with these Terms or the Service is Salem Oregon, and such disputes will be determined under Oregon law.

  1. General terms
  2. Notification procedures and changes to these Terms

We may revise, add, or remove any or all portions of these Terms from time to time and the most current version will always be posted on our website. Unless otherwise required by law, we’ll notify you of any material changes to these Terms before any update enters into effect. Your continued access to or use of Momiji after such an update constitutes your binding acceptance of such changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. For clarity, by continuing to use Momiji, you are agreeing to be bound by the then-current version of these Terms.

  1. Entire agreement/severability

These Terms constitute the entire agreement between you and us concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

  1. No waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. Parties

These Terms are a contract between you and Momiji Master LLC, PO Box 17308, Salem, OR 97305

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