theSushiBar.com Terms of Use and Disclaimer.

Disclaimer

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PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site.

Copyright: All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2005 TheSushiBar.com. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of using this site as a sushi resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of TheSushiBar.com. Is strictly prohibited.
Trademarks: All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to TheSushiBar.com. Or other respective owners that have granted TheSushiBar.com. The right and license to use such Marks.

Disclaimer: THIS SITE IS INTENDED FOR USERS OVER THE AGE OF 18. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, TheSushiBar.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, TheSushiBar.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

CALL AHEAD BEFORE DINING AT ANY RESTAURANT/SUSHIBAR ON THE SUSHIBAR LIST TO VERIFY THAT THE ESTABLISHMENT IS IN OPERATION AND IS SERVING SUSHI.

Limitation on Liability: IN NO EVENT SHALL TheSushiBar.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF TheSushiBar.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

External Sites: This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that TheSushiBar.com is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Our Address: webmaster@thesushibar.com

Shopping Guide and Terms of Use

Please read the following terms of use before you shop at www.theSushiBar.com. Your use of theSushiBar.com service and site constitutes your agreement ot the terms of use set forth below.

A. Shopping and Delivery Service:

theSushiBar.com currently provides online sales of Japanese gifts, groceries, and sushibar equipment.

B. User Name and Passwords:

*Access to theSushiBar.com store is accomplished through the use of a customer user name and password. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify theSushiBar.com promptly of any unauthorized use of your password and you will remain liable for any use of theSushiBar.com service until you notify theSushiBar.com of the unauthorized use of your password.

C. Customer Registration Data:

* You agree to provide theSushiBar.com with accurate, complete and updated information as required by registration for theSushiBar.com service, including, but not limited to your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and to promptly notify theSushiBar.com to any change in your customer registration data. You agree to notify theSushiBar.com promptly of any unauthorized use of theSushiBar.com service or loss or theft of your credit card or bank account number. You will remain liable for any use of theSushiBar.com service until you notify theSushiBar.com of the unauthorized use, loss or theft.

D. Privacy Policy:

* Your privacy is very important to us. theSushiBar.com does not sell personal information about individual customers to third parties, sell or rent lists of customers or use information about individual customers outside the scope of theSushiBar.com service.

Information disclosed in a public space, including on any bulletin board, chat room or website theSushibar.com hosts for you is part of theSushibar.com and is available to anyone else who visits that space. theSushibar.com cannot safeguard any information that is disclosed or stored in these locations. Additionally, theSushibar.com webpsites contains links to sites that belong to third parties unrelated to theSushibar.com. theSushibar.com assumes no responsibility for the content accessible on such sites or the privacy practices of those content providers and recommends that visitors to those sites review the privacy policy statements of those sites.

anyone else who visits that space. Regal Host cannot safeguard any information that is disclosed or stored in these locations. Additionally, Regal Host websites contain links to

E. Delivery:

*Delivery will be made to the delivery address that you specify when you place your order.

*Sushibar Equipment and Gifts - All purchased items will be delivered by UPS, or FedEx.

*International Shipping: International orders will be shipped and delivered by Air Freight, FedEx or Ocean Freight.

*If theSushiBar.com cannot deliver your order, or must make an additional delivery because no one is present at the delivery address to receive the products, you wil be assessed and additional fee.

F. Return Policy:

*Gifts, Equipment and Grocery: If you are not satisfied for any reason with any items purchased through theSushiBar.com service, you may return it with the RMA number within a week and it will be credited against your next theSushiBar.com order placed.

G. Back order or out of Stock:

* If we are short on or out of stock, you will be notified by us immediately through e-mail and you wil receive a refund and/or notification of the back order schedule.

H. Termination:

*theSushiBar.com may suspend or terminate theSushiBar.com service at any time for any reason with or without notice to you.

I. Fees and Sales Taxes:

* You are responsible for, and agree to pay, all charges to your account, including applicable taxes, shipping, handling and purchases by you or anyone you allow to use theSushiBar.com service. Fees and charges will be assessed in accordance with theSushiBar.com fee schedule, which can be accessed online.

* Sales Tax: For California residents, 7.75% of sales tax of Mission Viejo city will be applied. The rate and taxable items are subject to change without notice.

*Shipping: Shipping charge is based on actual cost. For Alaska, Hawaii and any other locations where UPS carries only by air, an extra charge for air shipping will be added.

*In the event where you do not receive the order we shipped, we credit only for the merchandise. Shipping and handling fees are at the customer's risk.

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Disclaimer: We've tried to make the information on this web site as accurate as possible, but it is provided "as is" and we accept no responsibility for any loss, injury or inconvenience sustained by anyone resulting from this information. You should verify critical information with the relevant parties before dining.


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12/05/07

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