In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. KYOTOPE LLC reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

KYOTOPE LLC does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time KYOTOPE LLC may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall KYOTOPE LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You, as the purchaser of the products produced and sold by KYOTOPE LLC, including by not limited to consumable beverages, are solely responsible for distribution and use by any additional parties wherein consumption of the products produced, including by not limited to consumable beverages, by KYOTOPE LLC may occur including but not limited to your location, your company's location, any additional party wherein you purchase and request deliver to a third party that is not yourself or to your location.

You, as the purchaser of the products produced and sold by KYOTOPE LLC agree that in no event shall KYOTOPE LLC be liable for any indirect or consequential damages of any kind. You will pay all costs incurred by KYOTOPE LLC to enforce any of the provisions of these terms, including reasonable attorney’s fees. You shall, defend, hold harmless and indemnify KYOTOPE LLC and KYOTOPE LLC's subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees

You, as the purchaser of the products produced and sold by KYOTOPE LLC, agree to indemnify, defend and hold harmless KYOTOPE LLC and KYOTOPE LLC's subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You, as the purchaser of the products produced and sold by KYOTOPE LLC, agree to indemnify, defend and hold harmless KYOTOPE LLC and KYOTOPE LLC's business entity, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, from any and all liability, and from all claims, customer defaults, demands,
suits and liabilities, and all costs and expenses incent thereto, whether it be sole or in concert with others, in connection with the execution of duty related to any term outlined in these terms of service or any action made by KYOTOPE LLC and KYOTOPE LLC's agents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees while conducting the duties to perform the production and distribution of the products and services offered by the KYOTOPE LLC.

You, as the purchaser of of the products produced and sold by KYOTOPE LLC, agree to indemnify, defend and hold harmless KYOTOPE LLC and KYOTOPE LLC's subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, from any and all liability, and from all claims, customer defaults, demands,
suits and liabilities, and all costs and expenses incent thereto for any claim made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these terms for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying KYOTOPE LLC that you no longer wish to use our Services, or when you cease using our site.If in KYOTOPE LLC's sole judgment you fail, or KYOTOPE LLC suspects that you have failed, to comply with any term or provision of these Terms of Service, KYOTOPE LLC also may terminate these terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and KYOTOPE LLC, arising out of or relating to federal or state statutory claims, common law claims, these terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these terms to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Seattle, Washington before one arbitrator.

You agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which KYOTOPE LLC’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, KYOTOPE LLC will select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If you do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of these arbitration terms in accordance with the Federal Arbitration Act (“FAA”). You also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. You agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, you hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of these terms of service.

You warrant and represent to KYOTOPE LLC that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these terms or in the performance of such obligations will place you in breach of any other contract or obligation.

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

In addition to other limitations And exclusions set forth in these terms of service for KYOTOPE LLC, KYOTOPE LLC's total liability in connection to any product or service that you purchase from KYOTOPE LLC's , whether in contract, warranty, tort (including negligence) or otherwise, will not exceed your last purchase amount you paid to KYOTOPE LLC. This limitation of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your service.