Terms & Conditions

Japan Hospitality LLC doing business as UKA restaurant (“we,” “us,” “our”) have created and maintain its website (the “Website”) in support of its mission to provide a Japanese kaiseki dining experience to be enjoyed by all of the five senses.  By using the Website and its content, you accept, without limitation or qualification, the Terms of Use as well as our Privacy Policy which may change at any time. These Terms of Use came into effect on May 23 , 2023.

1. Use Of Website And Its Content

The Website contains intellectual property that is either owned by or licensed to us. Such intellectual property includes, but is not limited to, the design, layout, look, appearance, images, text, marks, software and graphics (the “Content”). All of the Content on the Website is proprietary to us or is used in a manner consistent with the legal owner’s permission or applicable law or regulations. You agree that you will not assert any claim or interest in or to any Content on the Website, that you will comply with all restrictions on use contained herein, and that you will not infringe or violate the rights of any other party by or in connection with your use of the Website or its Content. Subject to the forgoing, we authorize you to view, download, and print Content from the Website upon the following conditions:

You must observe any and all additional terms or restrictions provided within individual sections of the Website relating to particular Content of the Website;

You are strictly prohibited from downloading Content from the Website for commercial use, but may view, download, and print Content from the Website for your own personal and noncommercial use;

You may download, print, or otherwise use Content from the Website for “fair use” as defined in the United States copyright laws (generally, for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting); provided that you must cite the author and source of this material as you would for material from any printed work.

You may not remove any copyright, trademark, service mark, or other proprietary notice that has been placed in or near the content on the Website;

You may not modify the appearance or Content of the Website; and

Any displays or printouts of the Website’s Content must include our copyright notice.

We expressly prohibit the copying of any Content on the Website not described above or elsewhere in these Terms of Use.

We may prohibit you from participating in or utilizing the Website if in our sole and absolute discretion you show a disregard for these Terms of Use or act in an impolite manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner.

2. Trademarks

The trademarks and service marks displayed on the Website identifying our goods and services, including the UKA name and logo, are trademarks owned by or licensed to us (the “Trademarks”). The trademarks of third parties may also be displayed on the Website. Nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark displayed on the Website without our written permission or the permission of any third party owner of the trademark displayed on the Website. Your misuse of the Trademarks displayed on the Website, including alteration or use out of context, is strictly prohibited.

3. Third-Party Links

For your convenience, the Website sometimes provide certain links to websites operated by third parties. We are under no obligation to review the linked sites and is not responsible for their content.  Links to third party sites do not imply endorsement, sponsorship or any affiliation with such sites. Your access of any third party site through a link on the Website is at your own risk.  We shall not be liable to you for damages or injuries arising from your access of third party sites via the Website.

4. Indemnification

You will indemnify and hold us, our owners, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any use of this Website or breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content and information accessed from this site.

5. No Warranties

You agree that you use the Website at your own risk. The content, services and materials in the Website are provided “as is” and on an “as available” basis without representations or warranties of any kind either express, implied or statutory. We do not make any representations, warranties or endorsements regarding the accuracy, reliability, usefulness or completeness of the services, content or materials in the Website or any site linked to it. To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing or course of performance.

We do not warrant that the Website, content, materials or functions contained in the Website will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the Website, content, materials or the servers that make the Website, content and materials available are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the Website, content, materials, functions or products available through the Website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

No oral advice or written correspondence or information provided by us or any of the indemnified parties will create a warranty of any kind and users should not rely on any such information or advice. We reserve the right, in our sole and absolute discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. Neither we nor any of the indemnified parties, shall have any liability arising from your reliance upon the information provided on the Website.

In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.

Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Website or by any technical or human error which may occur in the processing of any information related to the Website.

To the extent we list or link to third party products or services, our Website acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.

We cannot ensure that you will be satisfied with any products or services that you purchase from the Website or from a third-party site that links to or from the Website or third party content on the Website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

6. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the Website or functions of the Website or arising out of your access to, or inability to access, the Website or your reliance upon, the Website, content or materials in, or functions of, the Website, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence). In addition, we have no duty to update the Website or the contents thereof. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Website. If you are dissatisfied with the Website or any of the products, services, and/or suppliers offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Website and terminate this agreement in accordance with the terms hereof.

7. Governing Law

The Website (excluding links to sites operated by others) is controlled and operated by  us from our offices in Los Angeles, California. Although we have made no effort to publish the Website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and we both benefit from establishing a predictable legal environment in which to publish, access and use the Website, by publishing, accessing and/or using the Website, you agree that all matters arising from or relating to the use and operation of the Website will be governed by laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved in a state or federal court of competent subject matter jurisdiction in Los Angeles County, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.

8. Severability

If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of this Agreement shall continue in full force and effect.

9. Headings

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

10. Incorporation

These Terms of Use, including our Privacy Policy, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled.

11. Waiver

Any waiver of any provisions of these Terms of Use must be in writing and signed by one of our  duly authorized officer.

12. Amendment

We may at any time revise these Terms of Use and other notices contained herein by updating this page. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

13. Assignment

These Terms of Use are not assignable by you, either in whole or in part. We reserve the right to assign our rights and obligations under these Terms of Use.

14. Termination

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of the Website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these Terms of Use or otherwise. Your access to the Website may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Website and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. Notwithstanding the termination of these Terms of Use, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of these Terms of Use in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (2) Trademarks; (4) Indemnification; (5) No Warranties; (6) Limitation of Liability; (7) Governing Law; (8) Severability; (9) Headings; and (13) Assignment.