Last Modified: October 31st 2025
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Kubara Honke USA Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of USA.Kayanoya.com, including any content, functionality, and services offered on or through USA.Kayanoya.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [https://usa.kayanoya.com/pages/privacy-policy], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both:
● Making all arrangements necessary for you to have access to the Website.
● Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [https://usa.kayanoya.com/pages/privacy-policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
● Modify copies of any materials from this site.
● Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@kayanoya.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms KAYANOYA, k u b a r a, DASHIBAR, KUBARA HONKE, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Website.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant or guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods carried out through the Website, or resulting from visits made by you, are governed by our Terms of Sale and Kubara Honke Loyalty Program Terms and Conditions, which are hereby incorporated into these Terms of Use.
Shopify Platform
Our store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. Your use of this website, and any transactions completed through it, may also be subject to Shopify’s own Terms of Service and Privacy Policy, which govern your relationship with Shopify as a service provider.
You can review Shopify’s Terms of Service here: https://www.shopify.com/legal/terms
You can review Shopify’s Privacy Policy here: https://www.shopify.com/legal/privacy
By using this Site, you acknowledge and agree that:
● We are not responsible for Shopify’s operations, outages, data storage, or payment processing services.
● Shopify stores and processes your payment information, and such data handling is governed by Shopify’s terms and policies.
● Any disputes or issues arising from Shopify’s services should be directed to Shopify in accordance with their policies.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to:
● Link from your own or certain third-party websites to certain content on this Website.
● Send emails or other communications with certain content, or links to certain content, on this Website.
● Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
● Establish a link from any website that is not owned by you.
● Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
● Link to any part of the Website other than the homepage.
● Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, Terms of Sale, and Kubara Honke Loyalty Program Terms and Conditions constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by:
USA Kayanoya.com
Attn: Kubara Honke USA Inc.
135 Madison Ave, 5th Floor
New York, NY 10016
Or by toll-free phone: 888-365-5292
All notices of copyright infringement claims should be sent to the Company to the attention to: support@kayanoya.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@kayanoya.com.
1. YOUR RIGHTS AND OBLIGATIONS
(a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
(b) THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
(c) BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
(d) YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KUBARA HONKE U.S.A. INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
(e) These terms and conditions (these “ Terms ”) apply to the purchase and sale of products and services through usa.kayanoya.com (the “ Site ”). These Terms are subject to change by Kubara Honke U.S.A. Inc. (referred to as “ us ”, “ we ”, or “ our ” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
(f) These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see 9).
2. Order Acceptance and Cancellation . You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) The following terms may be used by us to communicate pricing information:
(i) “Sale” refers to a reduced price for a product or service.
(d) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express, Discover, JCB, ShopPay, PayPal, ETC, and Diners for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss .
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns . Unless you have received a damaged or defective product, we will not accept a return of the products due to their perishable status. If you have received a damaged or defective product and are seeking a refund for such damaged or defective product, you must, within fifteen (15) days of receipt of the damaged or defective product, contact our customer service department at support@kayanoya.com. Please have your order number, date of arrival, condition of product at the time of arrival and a detailed explanation of the damage or defect available. A refund for the damaged or defective product may be issued in the Customer Service agent’s sole discretion. If it is determined that you are entitled to a refund, the refund will be processed within approximately seven business days of our processing of such determination by the Customer Service agent. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
6. Manufacturer's Warranty and Disclaimers .
(a) We do not manufacture or control any of the products or services offered on our Site. Our parent entity, Kubara Honke Group Co., Ltd. , manufacturers certain of the products offered on our site. Additionally, we utilize third-party manufacturers to manufacture certain of the products offered on our site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product’s description on our Site and included with the product.
(b) ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OFFERED ON THIS SITE. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
(d) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
(e) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
(c) The limitation of liability set forth in Section 7(b) shall only apply to the extent permitted by law.
8. Goods Not for Resale or Export . You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Privacy . We respect your privacy and are committed to protecting it. Our Privacy Policy , [ https://usa.kayanoya.com/pages/privacy-policy ], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure . We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction . This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
12. Dispute Resolution and Binding Arbitration .
(a) YOU AND KUBARA HONKE U.S.A. INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“ AAA ”) in accordance with the Consumer Arbitration Rules (the “ AAA Rules ”) then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/rules-forms-and-fees/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KUBARA HONKE U.S.A. INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
13. Assignment . You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers . The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Kubara Honke U.S.A. Inc.
15. No Third-Party Beneficiaries . These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You . We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us . To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Kubara Honke U.S.A. Inc., 135 Madison Avenue, 5 th Floor, New York, New York 10016. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective upon receipt. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability . If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement . Our order confirmation, these Terms, our Website Terms of Use, the Kubara Honke Loyalty Program Terms and Conditions, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Last Updated: October 31st 2025
The Kayanoya Rewards Program (“Program”) is a free rewards program offered by Kubara Honke U.S.A. Inc. (“Kubara”) to its customers located in the U.S. Membership in the Program (“Membership”) is limited to individuals only and is limited to one account per individual. You must be -
● A legal resident of the United States to be eligible for Membership and at least 18 years old (“age eligibility”) and
● Must have legal capacity to enter into a binding legal agreement, and if you do not have legal capacity to enter into a binding legal agreement, then your parent or your legal guardian must review and agree to these Terms and Conditions (“legal eligibility”).
BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE YOU HAVE AGE ELIGIBILITY AND LEGAL ELIGIBILITY TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A KAYANOYA REWARDS MEMBER.
PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.
Kubara reserves the right to change or modify any of the terms and conditions contained in the Kubara Honke Terms & Conditions, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Kubara decides to change these Kubara Honke Terms & Conditions, Kubara will post a new version on the Sites and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE KUBARA HONKE TERMS & CONDITIONS, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED KAYANOYA REWARDS PROGRAM TERMS & CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.
Affiliates of Kubara may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other Kubara affiliate.
Membership Tiers Generally
There are three tiers of membership in the Program: Silver, Gold and Platinum. All membership tiers enjoy a variety of benefits made available by Kubara in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, sweepstakes, one of a kind experiences, exclusive events and advance access to products) will be determined by Kubara in its sole discretion.
Kubara may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.
Silver
All members are automatically Silver tier upon enrollment. Upon enrollment into the Program, all members will have 100 Kayanoya Rewards points credited to their Point Bank. Subject to removal from the Program (as explained in Section 6 below), a member will remain a Silver tiered member indefinitely unless the minimum annual spend required to achieve Gold or Platinum status is met.
Under the Program, Silver tier members will have 1 Kayanoya Rewards point credited to their Point Bank for every U.S. dollar spent on fulfilled orders of merchandise (as applicable based on country of purchase) (“Silver Rewards Points”).
Gold
Gold status is conferred on those registered Kayanoya Rewards members who earn 250 points or more during a consecutive twelve-month period. Gold status is good for the calendar year in which the Kayanoya Rewards member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Gold status and does not qualify for Platinum status, the member will revert to Silver status.
Under the Program, Silver tier members will have 1.5 Kayanoya Rewards points credited to their Point Bank for every U.S. dollar spent on fulfilled orders of merchandise (as applicable based on country of purchase) (“Gold Rewards Points”).
Platinum
Platinum status is conferred on those registered Kayanoya Rewards members who earn 500 points or more during a consecutive twelve-month period. Platinum status is good for the calendar year in which the Kayanoya Rewards member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Platinum status and does not qualify for Gold status, the member will revert Silver status.
Under the Program, Silver tier members will have 2 Kayanoya Rewards points credited to their Point Bank for every U.S. dollar spent on fulfilled orders of merchandise (as applicable based on country of purchase) (“Platinum Rewards Points”, and together with the Silver Rewards Points and Gold Rewards Points, the “Kayanoya Rewards Points”).
Kayanoya Rewards Points
We may offer bonus points events from time to time and in that circumstance the bonus points offer would apply. Separate terms and conditions will apply to each bonus points offer.
You must provide your Kayanoya Rewards registered e-mail address or phone number to have any Kayanoya Rewards Points credited to your Point Bank. Kayanoya Rewards Points previously credited to your Point Bank will be removed if the order that resulted in such points is cancelled.
Any reference to “merchandise” or the value of merchandise in these Terms for purposes of collecting Kayanoya Rewards Points includes all Kubara products sold online on https://usa.kayanoya.com/. It does not include payment for e-gift cards, gift cards, ticket purchases for special Kubara events, taxes, or shipping.
As part of the Benefits of being a member, your Kayanoya Rewards Points may be redeemed for rewards made available by Kubara from time to time in its sole discretion (“Rewards”). You are eligible to redeem Kayanoya Rewards Points for a Reward if you have enough Kayanoya Rewards Points in your Point Bank for that specific Reward. The retail value of the Reward does not count toward Kubara's free shipping threshold. Rewards can only be redeemed online on https://usa.kayanoya.com/, only if shipped to addresses in the US.
Kayanoya Rewards Points themselves have no cash value and can only be redeemed for Rewards. Kubara may, in its sole discretion, allow Kayanoya Rewards Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Kubara (like with Kayanoya Rewards Cash), Kayanoya Rewards Points are never redeemable for cash, for another product, for gift cards or for e-gift certificates and Kayanoya Rewards Points cannot be used as payment for any in-store paid services.
Kayanoya Rewards Point Expiration
It's our hope that you redeem your Kayanoya Rewards Points on a regular basis. All unredeemed Kayanoya Rewards Points will expire when a program member has not engaged in Kayanoya Rewards Point activity associated with that membership account (through purchase or redemption) for 12 months or more. If you have questions regarding the date of your last Kayanoya Rewards Point activity or your last purchase, check your Kayanoya Rewards page. If you feel Kayanoya Rewards Points have been expired in error, please email Customer Service at support@kayanoya.com for assistance.
In addition, Kayanoya Rewards Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further detailed in Section 6.
Kayanoya Rewards Profile Page
Your Kayanoya Rewards profile page is your destination for everything Kayanoya Rewards related, including the Benefits associated with your membership tier; your current Kayanoya Rewards Point balance or Kayanoya Rewards Point activity stored in your “Point Bank”; your “Dollars Saved” from seasonal promotions and offers; to redeem Kayanoya Rewards Points for Rewards and to redeem gifts or access other membership Benefits. Your Kayanoya Rewards profile page can be accessed by logging into your online account at https://usa.kayanoya.com/account.
Kayanoya Rewards Cash Reward
Kayanoya Rewards Cash is an instant discount applied to the purchase price of merchandise in exchange for redemption of Kayanoya Rewards Points.
An instant $1.00 discount in exchange for redemption of 100 Kayanoya Rewards Points is available to all Kayanoya Rewards members (regardless of tier) (“Standard Cash Reward”).
The Standard Cash Reward may be used for the purchase of merchandise online at https://usa.kayanoya.com. Kayanoya Rewards Cash is not valid on orders shipping outside the U.S. Please note that the Kayanoya Rewards Cash Reward can only be used in the country where the Kayanoya Rewards Points were redeemed. The Kayanoya Rewards Cash Reward cannot be applied to gift card purchases, previous purchases, gift wrapping, packaging, taxes, or shipping charges.
Order subtotal (after all other discounts have applied) to which the Kayanoya Rewards Cash Reward is applied must be greater than or equal to the amount of the instant discount.
Return of merchandise purchased with a Kayanoya Rewards Cash Reward will be for the price actually paid after applying the instant discount. Neither the Kayanoya Rewards Points deducted from your Kayanoya Rewards account or the instant discount will be refunded. Exchanges of the same item will be credited for the full transaction value including the amount of the instant discount. Same item exchanges include range exchanges.
Kayanoya Rewards Cash is not cash, has no cash value without a purchase and may not be altered, sold, bartered or transferred. The Kayanoya Rewards Cash Reward is applied last after all other promotional discounts have been applied. Kayanoya Rewards Cash cannot be used on any other promotional offers, discounts or Rewards. The Kayanoya Rewards Cash Reward is subject to change, alteration, or termination by Kubara in its sole discretion at any time.
Exclusive Items Available to Gold and Platinum Members
Gold and Platinum members are eligible to receive exclusive items as indicated from time to time by Kubara, in its sole discretion. Gold and Platinum members who redeem Kayanoya Rewards Points for exclusive items shall bear the sole cost of shipping, taxes, and all other associated costs.
Kayanoya Rewards Birthday Gift Benefit
All Kayanoya Rewards members are eligible to redeem one Birthday Gift per year, which is redeemable for 30 days beginning on the birthday you provided and displayed on your Kayanoya Rewards profile page.
Members can redeem their Birthday Gift on https://usa.kayanoya.com/, and the Birthday Gift will be added to your Kayanoya Rewards account at checkout. Contact customer service at support@kayanoya.com for support in redeeming your Birthday Gift. The Birthday Gift benefit is subject to change, alteration, or termination by Kubara at its sole discretion at any time.
Kayanoya Rewards for Reviews
Subject to approval by the Company, Kayanoya Rewards members are eligible to receive Kayanoya Rewards Points for writing a review about the Company on the Company’s webpage. In order to be eligible to receive Kayanoya Rewards Points, the Company must first approve the Kayanoya Rewards member’s written review, which the Company can accept or reject in its sole discretion. The Kayanoya Rewards benefit for writing a review of the Company or its products is subject to change, alteration, or termination by Kubara at its sole discretion at any time.
Kubara values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY KUBARA'S APPLICABLE PRIVACY POLICY (click here [https://usa.kayanoya.com/pages/privacy-policy]) AND OUR WEBSITE TERMS OF USE (click here [https://usa.kayanoya.com/pages/terms-and-conditions]). As is explained in our privacy policies, we use, and retain the information we collect to, among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Kayanoya Rewards Points and benefits or to violate these Terms.
By submitting an application for Membership in the Program, you agree (or, if you are an eligible minor 16 years old or older, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Kubara. By signing up to join the Program, you will automatically be subscribed to receive Program emails.
If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at https://usa.kayanoya.com/account or by emailing Customer Service at support@kayanoya.com.
Program Changes : Kubara may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Kubara website. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Termination or Removal from Program : Kubara reserves the right to exclude individuals from the Program, remove Kayanoya Rewards Points from a member’s Point Bank and/or cancel orders that are not consistent with Kubara policy in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Kubara) including multiple redemptions of Birthday Gifts by the same individual via different accounts, failure to follow any terms of the Program, including, but not limited to the eligibility requirements, Membership inactivity for more than 12 months, reselling Rewards or Birthday Gifts, any misrepresentation or any conduct detrimental to the interests of Kubara not otherwise protected by law may subject members to Membership revocation or deduction of Kayanoya Rewards Points obtained through these abusive or manipulative activities, cancellation of orders and will affect eligibility for further participation in the Program. Kubara uses a third-party provider to monitor purchases and identify activities that violate the terms of the Program or Kubara policy. Kubara uses this data to help it make decisions regarding participation in the Program, awarding of Kayanoya Rewards Points and order fulfillment. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any Kayanoya Rewards Points in your account will automatically expire. Kubara reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
Account Closure: If you choose to close your Kayanoya Rewards account, you can do so by contacting Kubara Client Services or via self-closure. Kayanoya Rewards accounts that are closed can be re-opened upon request by contacting Kubara Client Services. If you close your Kayanoya Rewards account, you must agree to the terms of closure:
Closing your Kayanoya Rewards account will not affect open orders, returns, and Paid Service appointments.
TO THE FULLEST EXTENT PERMITTED BY LAW, KUBARA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON KUBARA'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM KUBARA AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Kubara and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Kubara or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated one part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, displayer performance - without the prior written permission of Kubara is strictly prohibited.
If a dispute should arise between you and Kubara, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing support@kayanoya.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND KUBARA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.
NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).
These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. If you are a U.S. resident you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York. This provision does not apply to residents of New Jersey.
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Kubara, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
Under California law, loyalty programs may be considered a financial incentive. To view our notice of financial incentive, please visit: [ https://usa.kayanoya.com/pages/privacy-policy ].
If you have any questions regarding the Program, you may email Customer Service at support@kayanoya.com.