"akirausa.com" is the interactive
on-line service operated by Akira Sales International Inc. on
the World Wide Web of the Internet, consisting of information
services and content. "User" means each person
who establishes or accesses a connection ("Account")
for access to and use of Akira Sales International Inc. .
(A) This Agreement, which incorporates
by reference other provisions applicable to use of Akira Sales International Inc. , including, but not limited to, supplemental terms
and conditions set forth in paragraph 14 hereof ("Supplemental
Terms") governing the use of certain specific material
contained in Akira Sales International Inc. , sets forth the terms and
conditions that apply to use of Akira Sales International Inc. by User.
By using Akira Sales International Inc. (other than to read this Agreement
for the first time), User agrees to comply with all of the
terms and conditions hereof. The right to use Akira Sales International Inc. is personal to User and is not transferable to any
other person or entity. User is responsible for all use
of User’s Account (under any screen name or password)
and for ensuring that all use of User’s Account complies
fully with the provisions of this Agreement. User shall
be responsible for protecting the confidentiality of User’s
password(s), if any.
(B) Akira Sales International Inc. shall have the right at any time
to change or discontinue any aspect or feature of Akira Sales International Inc. , including, but not limited to, content, hours of availability,
and equipment needed for access or use.
3. Changed Terms.
Akira Sales International Inc. shall have the right at any time to change
or modify the terms and conditions applicable to User’s
use of Akira Sales International Inc. , or any part thereof, or to impose
new conditions, including, but not limited to, adding fees
and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not
limited to, posting on Akira Sales International Inc. , or by electronic
or conventional mail, or by any other means by which User
obtains notice thereof. Any use of Akira Sales International Inc. by
User after such notice shall be deemed to constitute acceptance
by User of such changes, modifications or additions.
4. Prices Terms.
1. All Prices are F.O.B. Yorba Linda, California, Akira Sales International Inc. Warehouse.
2. Net 30 day terms are only available to customers with
prior credit approval.
3. All first orders require a 100% deposit to run order.
4. All less than minimum orders will be subject to a $45.00
5. All prices are subject to change without notice.
6. All prices are in accordance with this catalog; we are
not liable for any incorrect, published price elsewhere.
1. Ship time is not included in production time.
2. shipping Methods : FedEX, UPS etc. For U.S. Postal Service,
a $10.00 per box fee will be charged. You may also use your
own shipping account.
3. Drop/Split Shipment charge : $5.00 (G) per address. Please
submit quantity per address in purchase order.
4. International Shipment : Along with a commercial invoice
UPS or FedEX account number must be provided to process shipment
for duties, taxes & entry fees.
5. Routing orders not indicating specific routing will be
shipped according to our best judgement. We can only assure
ship dates from our warehouse and cannot be responsible for
carrier or en-route delays.
User shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed
for access to and use of Akira Sales International Inc. and all charges
7. User Conduct.
(A) User shall use Akira Sales International Inc. for lawful purposes
only. User shall not post or transmit through Akira Sales International Inc. any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any law,
or which, without Akira Sales International Inc. ’s express prior
approval, contains advertising or any solicitation with
respect to products or services. Any conduct by a User that
in Akira Sales International Inc. ’s discretion restricts or inhibits
any other User from using or enjoying Akira Sales International Inc.
will not be permitted. User shall not use Akira Sales International Inc.
to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become
users of other on-line information services competitive
with Akira Sales International Inc. unless otherwise specified.
(B) Akira Sales International Inc. contains copyrighted material, trademarks
and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound,
and the entire contents of Akira Sales International Inc. are copyrighted
as a collective work under the United States copyright laws.
Akira Sales International Inc. owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as
in the content original to it. User may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole
or in part. User may download copyrighted material for User’s
personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material
will be permitted without the express permission of Akira Sales International Inc. and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. User acknowledges
that it does not acquire any ownership rights by downloading
(C) User shall not upload, post or otherwise make available
on Akira Sales International Inc. any material protected by copyright,
trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any
material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights, or any
other harm resulting from such a submission. By submitting
material to any public area of Akira Sales International Inc. , User automatically
grants, or warrants that the owner of such material has
expressly granted Akira Sales International Inc. the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it
in other works in any form, media or technology now known
or hereafter developed for the full term of any copyright
that may exist in such material. User also permits any other
User to access, view, store or reproduce the material for
that User’s personal use. User hereby grants Akira Sales International Inc. the right to edit, copy, publish and distribute any
material made available on Akira Sales International Inc. by User.
(D) The foregoing provisions of Section 5 are for the benefit
of Akira Sales International Inc. , its subsidiaries, affiliates and its
third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly
or on its own behalf.
8. Disclaimer of Warranty;
Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF AKIRA IS AT USER’S
SOLE RISK. NEITHER AKIRA, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT AKIRA WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF AKIRA, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH AKIRA.
(B) AKIRA IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES
THAT AKIRA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
(D) IN NO EVENT WILL AKIRA OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING Akira Sales International Inc.
OR THE AKIRA SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE AKIRA. USER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, AKIRA,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR
ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN,
OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN AKIRA, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES
OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION
OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING
OR OTHER INFORMATION. AKIRA, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, AKIRA, NOR ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
Akira Sales International Inc. shall have the right, but not the obligation,
to monitor the content of Akira Sales International Inc. , including chat
rooms and forums, to determine compliance with this Agreement
and any operating rules established by Akira Sales International Inc.
and to satisfy any law, regulation or authorized government
request. Akira Sales International Inc. shall have the right in its sole
discretion to edit, refuse to post or remove any material
submitted to or posted on Akira Sales International Inc. . Without limiting
the foregoing, Akira Sales International Inc. shall have the right to
remove any material that Akira Sales International Inc. , in its sole
discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Akira Sales International Inc. , its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses,
including attorneys’ fees, arising out of the use
of Akira Sales International Inc. by User or User’s Account.
Either Akira Sales International Inc. or User may terminate this Agreement
at any time. Without limiting the foregoing, Akira Sales International Inc. shall have the right to immediately terminate User’s
Account in the event of any conduct by User which Akira Sales International Inc. in its sole discretion, considers to be unacceptable,
or in the event of any breach by User of this Agreement.
The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and
this Section 9 shall survive termination of this Agreement.
Akira Sales International Inc. and its logo is a trademark of akirausa.com.
All rights reserved. All other trademarks appearing on Akira Sales International Inc. are the property of their respective owners.
Akira Sales International Inc. reserves the right to change the contents,
not excluding pricing, description, inventory, and other
relevant information about the products/services contained
herein, without notification to the User at any time. Since
the contents of this site is updated frequently, Akira Sales International Inc. is not liable and User hereby indemnifies and agrees
to accept a reasonable proportion of typographical error
that may be present on the Akira Sales International Inc. site.
This Agreement and any operating rules for Akira Sales International Inc. constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all
previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the State of
California, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are
for convenience only and shall not be given any legal import.
15. Copyrights and Copyright
Akira Sales International Inc. respects the rights of all copyright holders
and in this regard, Akira Sales International Inc. has adopted and implemented
a policy that provides for the termination in appropriate
circumstances of users and account holders who infringe
the rights of copyright holders. If you believe that your
work has been copied in a way that constitutes copyright
infringement, please provide Akira Sales International Inc. ’s Copyright
Agent the following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, 17 U.S.C. ’ 512.
1. A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that
is allegedly infringed;
2. Identification of the copyright work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, representative
list of such works at that site;
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate
4. Information reasonably sufficient to permit us to contact
the complaining party;
5. A statement that the complaining party has a good-faith
belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent,
or the law; and
6. A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
16. Supplemental Terms.
The structure, coding, and programming of the Akira Sales International Inc. web site is produced by Sapient Holdings Corp. and
licensed to the Akira Sales International Inc. site under a limited term
of use. The underlying foundation for the interactive/dynamic
functions implemented throughout the Akira Sales International Inc. site
is provided by a copyrighted software produced by Sapient
Holdings Corp. No part of Akira Sales International Inc. site can be
downloaded or transferred without the expressed written
consent of Sapient Holdings Corp.