Morinaga Terms of Use

Last Updated: August 10, 2018

These Terms of Use (“Terms”) apply to your access to and use of the websites provided by Morinaga Nutritional Foods, Inc., and its affiliated companies (collectively “Morinaga” or “we”) located at www.morinaga-usa.com, www.morinu.com, www.aloveyogurt.com, and www.silkenpuree.com, and any other Morinaga websites that link to these Terms (the “Sites”). By accessing or using our Sites, or by clicking “I Accept”, you agree to these Terms. If you do not agree to these Terms, do not access or use our Sites.

If you have any questions about these Terms or our Sites, please contact us at cs3@morinu.com.

1. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you that we collect through the Sites.

2. Terms of Sale

All sales from any of the Sites are governed by Morinaga’s Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from Morinaga. By ordering products through the Sites, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Morinaga’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

3. User Accounts and Account Security

You may need to create an account in order to make a purchase. When you create an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account and accept all risks of unauthorized access. You must be 18 years of age or older and reside in the United States to create and account and make a purchase through the Sites, and by creating an account, you represent to us that you are at least 18 years of age and reside in the United States.

4. Ownership; Limited License

The Sites and the text, graphics, images, photographs, videos, illustrations, and other content contained therein (collectively, the “Site Content”) are owned by or licensed to Morinaga and are protected under both United States and foreign copyright laws. Except as explicitly stated in these Terms, Morinaga and our licensors reserve all rights in and to the Sites and the Site Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Sites and the Site Content for your own personal use. Such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use the Sites or any Site Content; (b) collect or use any product listings, pictures or descriptions; (c) copy, reproduce, distribute, publicly perform, or publicly display the Site Content; (d) modify the Morinaga Content or otherwise make any derivative uses of our Sites or Morinaga Content; (e) use any data mining, robots, or similar data gathering or extraction methods or bypass or ignore instructions contained in our robots.txt files that control automated access to portions of our Sites; and (f) use our Sites or the Site Content other than for their intended purposes. Any use of the Sites or any Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

5. Trademarks

MORINAGA, ALOVE YOGURT, A LOT TO LOVE, MORI-NU, and our logos, our product or service names, our slogans and the look and feel of the Sites are trademarks of Morinaga and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

6. Submissions and Feedback

Morinaga appreciates and values our customers’ input, and we welcome comments regarding our products and services. However, neither Morinaga (Mori-Nu Silken Tofu and Alove Yogurt) nor any of its employees may accept or consider unsolicited ideas for new or improved products, materials, advertisements, marketing campaigns, promotions or product names (“Submissions”). Please do not send any Submissions to Morinaga or any of its employees. The sole purpose of this is to avoid potential misunderstandings or disputes when Morinaga products, advertisements, marketing campaigns, promotions, or product names might seem similar to any Submission. If, despite this clear policy, you send a Submission, you agree that Morinaga will have no obligations concerning the Submission, contractual or otherwise, and it shall have the royalty free right to use the Submission in any manner, and will not be liable for any use or disclosure of the Submission. You further agree that such Submission is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way and that you have no expectation of a review, compensation, or consideration of any type.

Any questions, comments, or feedback, you submit about Morinaga, the Sites, or our products (collectively, “Feedback”), is non-confidential and will become the sole property of Morinaga. You hereby assign to Morinaga all rights you may have in any Feedback, including, without limitation, all intellectual property rights therein, and Morinaga will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. Disclaimers

Your use of our Sites is at your sole risk. Our Sites are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Morinaga does not represent or warrant that our Sites are accurate, complete, reliable, current or error-free. While Morinaga attempts to make your access to and use of our Sites safe, we cannot and do not represent or warrant that our Sites or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Sites and the information contained therein.

8. Limitation of Liability

Morinaga will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Morinaga has been advised of the possibility of such damages.

The total liability of Morinaga for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to $5.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Morinaga or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9. Release

To the fullest extent permitted by applicable law, you release Morinaga from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

10. Transfer and Processing Data

By accessing or using our Sites, you consent to the processing, transfer, and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

11. Governing Law and Venue

These Terms and your access to and use of our Sites will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles, California.

12. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Sites and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Sites. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Sites after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Sites.

13. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Sites. We are not responsible for any loss or harm related to your inability to access or use our Sites.

14. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15. Miscellaneous

These Terms constitute the entire agreement between you and Morinaga relating to your access to and use of our Sites. The failure of Morinaga to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

 

Morinaga Terms of Sale

The foregoing terms and conditions of sale (“Sale Terms”) apply to your purchases of any products from Morinaga Nutritional Foods, Inc., and its affiliated companies (collectively “Morinaga”), except to the extent that you have entered into a separate written agreement with Morinaga that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in Morinaga’s sole discretion. By placing an order for products through this website or any other Morinaga website (the “Sites”), you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Morinaga, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Sale Terms.

1. Pricing; Availability; Taxes

All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping, and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Morinaga reserves the right to collect such taxes or other fees from you at any time.

2. Shipping & Handling

Our standard business hours are Monday to Friday 8:00 AM to 5:00 PM Pacific Time. Any orders placed outside of our standard business hours will not be processed until the following business day. If for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we reserve the right to cancel your order and advise you of such action. If we specify a carrier when you place your order, we reserve the right to substitute another carrier to deliver your order in our sole discretion.

All shipping charges are the responsibility of the customer. In some cases, free shipping may be available for certain purchases if you meet the applicable requirements as set forth on the Site. Otherwise, the estimated shipping charges will be shown on the shipping and billing page and on your order confirmation.   These charges can also be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. All orders are shipped via ground transportation. Title to products passes from Morinaga to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

3. Cancellation

If you have registered for a customer account, after placing an order, you may attempt to cancel the order on the Site from within your account. However, if the order is already being prepared for shipment, you will not have the option to cancel the order. Please note that many orders are processed for shipment on the same business day, and therefore may not be canceled even shortly after placing an order. At any time before shipment, an order may be canceled by Morinaga in its sole discretion. If Morinaga cancels an order, any amounts paid for such canceled order will be refunded.

4. Return and Refund Policy

Morinaga only process returns and refunds of products sold from our website. Please return Morinaga products purchased at other retailers back to that retailer according to their return policy. Morinaga guarantees at least a six (6) month shelf-life on Mori-Nu shelf stable tofu products sold in the online store at morinu.com. As your sole remedy for any products that do not meet this guarantee, Morinaga will accept qualified and conforming products for exchange or refund within 30 days of the original purchase date. To return a product, please follow the steps below:

  1. Make sure the product qualifies for return or exchange. To qualify for exchange or refund:
    • Products must be in the original manufacturers packaging, and shipped securely.
    • Products must be free from damage of any type, including, but not limited to dents, slices, punctures, scratches, stains, abuse, or defacement (except for damage that we determine occurred in transit).
  2. Call customer service at (310) 787-0200 to inform us of the return and/or describe the problem. We are open Monday through Friday excluding holidays, 8 a.m. to 5 p.m. Pacific.

For all non-defective product returns and exchanges, Morinaga reserves the right to charge a restocking fee of 20% at Morinaga’s sole discretion. For your protection, we recommend that you ensure your return and use a traceable carrier that can provide you with delivery confirmation. Morinaga shall not be responsible for items returned that are lost or damaged in transit. Postage and handling charges to our warehouse will be paid by the customer and are non-refundable. At our discretion, Morinaga may reimburse shipping charges related to the return or exchange of defective products.

After receiving a written authorization for the return, ship returns/exchanges to:

ATTN: Mail Order
Morinaga Nutritional Foods, Inc.
3838 Del Amo Blvd., Suite 201
Torrance, CA 90503
(310) 787-0200

Returned merchandise will be credited only to the credit card used for the original purchase within 30 days of product’s return to the address above and verification of its qualification for return.

5. Payment; Credit for Refunds

Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to charge your payment method and process payment in the amount of your purchase and all applicable fees and taxes. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

6. Errors

We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that any product, description, photograph, pricing or other content or information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service, or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error, or if any product is not as described or pictured, is to cancel your order and obtain a refund.

7. Who We Sell To

You must be 18 years old to make any purchase through the Sites. If you place an order, you are representing that you are 18 years or older. Morinaga reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion at any time.

8. Limitation of Liability

Morinaga will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. To the full extent permitted by law, Morinaga’s liability shall be limited to the amount actually paid for the purchase of products from this site.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.