Terms of Service
Introduction
Welcome to the Flame Japanese Hibachi website. By accessing or using our website, you agree to comply with the following terms and conditions (“Terms”), as well as all applicable laws. These Terms apply to all visitors and users of our website, including those who register for communications via text or email, create online accounts, or provide information to order food, gift cards, or merchandise as a guest (“Registered Users”).
Dispute Resolution for Registered Users
For Registered Users, these Terms include an agreement to resolve all disputes exclusively through individual arbitration, without resorting to court trials, jury trials, or class actions.
External Links
Some sections of Flame Japanese Hibachi’s website may link to external sites that are not controlled by Flame Japanese Hibachi. These Terms apply solely to web pages within Flame Japanese Hibachi’s website.
Registration
Certain areas of the website are restricted to registered users and may require personal information to request support or services. When registering or making a purchase, you will be provided with a link to these Terms and asked to agree to them. You agree to provide complete and accurate personal information and not to register or attempt to access the website under another person’s name. Offensive usernames are prohibited. Personal information provided is subject to our Privacy Policy.
Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities under your account. Notify us immediately if you suspect unauthorized use of your account. Our products are sold to adults who can purchase with a credit card.
Users Under 18
If you are under 18, use the website only with the involvement of a parent or guardian. Flame Japanese Hibachi reserves the right to refuse service, terminate accounts, remove content, or cancel orders at its discretion. Refunds will be provided for any prepaid, canceled orders.
Users Under 13
Users under 13 are not permitted to use Flame Japanese Hibachi’s website. Please discuss appropriate websites with your parents.
Access to the Website
Flame Japanese Hibachi grants you permission to use the website for personal, non-commercial purposes, provided you do not copy, distribute, modify, or use any part of the website without prior authorization. Automated systems, including robots and spiders, are not allowed to access the website beyond what a human can reasonably produce using a conventional web browser. You agree not to collect personal information or use the communication systems of the website for commercial solicitation.
Conduct
You agree to use the website for lawful purposes only. Prohibited activities include, but are not limited to:
- Committing or encouraging criminal offenses.
- Posting unlawful, threatening, or defamatory content.
- Impersonating others.
- Uploading viruses or harmful software.
- Transmitting materials without the right to do so.
- Disrupting the website’s functionality.
- Soliciting commercial activities.
- Infringing on intellectual property rights.
- Collecting personal information without consent.
Termination of Use
Flame Japanese Hibachi may suspend or terminate your access to the website for any violation of these Terms or other harmful conduct. Upon termination, you are no longer authorized to access the website.
Other Site Links
Flame Japanese Hibachi may provide links to external websites for user convenience. These links do not imply endorsement, and Flame Japanese Hibachi is not responsible for the content or operation of these external sites.
Policy on Spamming
You agree not to use email addresses obtained from the website to send unsolicited messages to multiple recipients. Flame Japanese Hibachi will determine violations of email usage policies at its sole discretion.
Content
Flame Japanese Hibachi reserves the right to monitor and edit any content posted on the website. All content is protected by copyright laws. By using the website, you agree to comply with all copyright notices.
Indemnity
You agree to indemnify and hold harmless Flame Japanese Hibachi and its affiliates from any liabilities or costs arising from your breach of these Terms. This includes reasonable attorney’s fees and costs. Flame Japanese Hibachi may assume exclusive defense and control of any matter subject to indemnification by you.
Website Provided Voluntarily
Flame Japanese Hibachi provides this website at no charge and may discontinue or change its content and functionality at any time. You agree not to rely on the continued availability of the website.
Acceptance of Service
The website is controlled and offered by Flame Japanese Hibachi from the United States. Users accessing the website from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
Modification of Terms
Flame Japanese Hibachi reserves the right to modify these Terms at any time. Material changes will be posted on the website, and registered users will be notified via email. Continued use of the website after such changes constitutes acceptance of the modified Terms.
General
These Terms are governed by the laws of the State of New Jersey, without regard to conflict of laws principles. Disputes arising from these Terms will be resolved in the courts of Monmouth County, New Jersey, unless subject to mandatory arbitration for Registered Users. These Terms, along with the Privacy Policy and other notices, constitute the entire agreement between you and Flame Japanese Hibachi. If any provision is deemed invalid, the remaining provisions will remain in effect. No waiver of any term will be deemed a further waiver of any other term.
Mandatory Dispute Resolution for Registered Users
All disputes (“Claims”) related to the website, except for small claims and intellectual property disputes (“Excepted Claims”), will be resolved through binding arbitration by JAMS in Monmouth County, New Jersey. No class, mass, or collective actions are permitted. The prevailing party in arbitration or related proceedings will be entitled to reasonable attorney’s fees and costs. Jury trials are waived for court proceedings.
For more details about arbitration and JAMS, visit JAMS website.
By using the Flame Japanese Hibachi website, you agree to these Terms. If you do not agree, please do not use the website.