Terms and Conditions
Terms of Use
Thank you for visiting the www.yoshihradesign.comoperated by Yoshihara Wheels Company ("Yoshihara Design"). Please read carefully these Terms of Use before using this Site.
You must be eighteen (18) years of age or older to visit or use this Site in any manner. By visiting or using this Site, you represent and warrant to Falken Wheels that you are at least eighteen (18) years of age and you possess the legal authority to create a binding legal obligation. Furthermore, by visiting or using this Site, you are indicating your acceptance to be bound without modification by each and every term of the Terms of Use. Please read the Terms of Use carefully. If you do not accept all the terms and conditions of the Terms and Use, you may not use the Site.
We may revise these Terms of Use at any time with or without notice to you. Please check the effective date of any amendments at the bottom of this page.
Trademarks and Copyright:
All text, graphics, logo, button icons, images, audio clips, digital downloads, and data compilations relating to this Site ("Copyrights") and all trademarks, service marks, brands, names, logos and designs of Yoshihara Design ("Trademarks") are the property of Falken Wheels. You may not display or use any Copyrights or Trademarks belonging to Yoshihara Design without the express prior written permission of Falken Wheels. If you believe that your work has been copied to this Site and is accessible in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by providing the following information:
(1) The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
(2) A description of the copyrighted work you claim has been infringed;
(3) Identification of the URL or other specific location on this Site where the material or activity you claim to be infringing is located or is occurring;
(4) Your name, address, telephone number and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, any agent of the copyright owner,
or the law;
(6) A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright
owner or are authorized to act on behalf of the copyright owner.
Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998; see http://www.loc.gov/copyright/ for details.
Notices should be sent to:
Yoshiharadesign
689 East Maitland Street
Ontario, California 91709
Or by email: info@YOSHIHARADESIGN.COM
Use:
You have permission to electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes related to placing an order for Yoshihara wheel products. Unless we give you written permission in advance, any other use of this Site, its content and its information, including linking or framing to this Site, is strictly prohibited.
Errors and Inaccuracies:
Our goal is to provide complete, accurate, up-to-date information on this Site. Unfortunately, it is not possible to ensure that any site including this Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions even after an order has been submitted and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
Hold Harmless and Waiver of Liability:
Yoshihara Wheels only makes recommended wheel and tire size to customer in assisting the right fitment for the vehicle application. It is customer's responsibility to consider choosing the right wheels for his or her tires that will maintain the overall diameter to ensure compatibility with ABS, speedometer and odometers. Furthermore, it is the customer's responsibility to ensure the load capacity is equal to or above the replaced wheels and tires to ensure safe operation. You hereby agree to hold harmless, release, waive and discharge Falken Wheels from any and all claims, actions and judgments, including all costs of defense and attorney's fees incurred in defending claims in connection with the suggestion made on the sizing recommendation.
Furthermore, you agree to defend, indemnify and hold harmless Falken Wheels, its affiliates, and their respective officers, directors, employees and agents, from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable legal and accounting fees, that arise, directly or indirectly, out of or in connection with your use of this Site or breach of the terms herein.
Privacy Policy:
Yoshihara Design Company is committed to protecting our customers' personal information. You can always browse our Site without providing any personal information. To learn more, please read our Privacy Policy for more information.
Disclaimers of Warranties:
You acknowledge and agree that:
Yoshihara Design WHEELS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR THE CONTENTS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY's CONTENTS AND FALKEN WHEELS OWN CONTENTS.
YOUR USE OF THIS SITE IS AT YOUR SOLE DISCRETION AND RISK. EXCEPT AS OTHERWISE STATED HEREIN, THE FALKEN WHEEL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE STATED HEREIN, FALKEN WHEELS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Yoshihara Design AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPRESSLY DISCLAIM THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (2) THE CONTENTS WILL BE UP TO DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) EXCEPT AS OTHERWISE STATED HEREIN, THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability:
NEITHER YOSHIAHARADESIGN NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR Yoshihara WHEEL PRODUCTS, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE WHEEL PRODUCTS, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE CONTENTS ON THE SITE, HOWEVER ARISING, WHETHER IN BREACH, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF FALKEN WHEELS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, DESPITE THE LIMITATION SET FORTH IN THIS PARAGRAPH, YOSHIHARADESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, DIRECTLY OR INDIRECTLY, FROM ANY OF OCCURENCES DESCRIBED IN THIS PARAGRAPH, THEN FALKEN WHEELS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES鈥� LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, SEVENTY-FIVE DOLLARS ($75.00 USD).
Applicable Law and Forum:
By visiting this Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and us. Jurisdiction for any claims arising under the Terms of Use or in connection with the Site shall lie exclusively with the courts located within Orange County, California.
Waiver and Severability of Terms:
The failure of Yoshihara Wheels to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and consented to in writing by Falken Wheels. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should construe such provision to give effect to the parties' intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect.