Last Updated: September 20, 2023
In addition, these terms include an arbitration agreement that governs any disputes between you and us. This arbitration agreement and other provisions will:
Eliminate your right to a trial by jury to the extent allowable under applicable law; and
Substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings in arbitration and litigation.
We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Kura Online Service as more fully explained below.
The Kura Online Service and all content, information, and other materials contained and available on the Kura Online Service, including, but not limited to, all text, fonts, images, audio, software, video clips, screens, and content arrangement (collectively, the “Materials”) are owned by or licensed to Kura and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws (“Intellectual Property Rights”). All right, title, and interest in and to the Kura Online Service, Materials, and Intellectual Property Rights therein (“Kura Property”) available via the Kura Online Service is the property of Kura, our licensors or certain other third parties. Kura owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Materials on the Kura Online Service.
Subject to your compliance with these Terms, the rights we grant you in this section are personal, non-exclusive, non-transferable, limited, including the right to access, use, display, and download the Kura Online Service for noncommercial purposes only. You may access and use the Kura Online Service, and display, view, use, and play the Content on a computer, mobile or other device on which the Kura Online Service and/or Materials are made available (“Device”), and access and use only the functionality of the Kura Online Service made available to you. Certain Materials may, from time-to-time, include a “Download” or similar link next to it or otherwise, in which case you may download a single copy of such content on your Device unless otherwise specified. If we make available any software (such as our Kura Sushi Rewards App) (“Software”), for download, you may download, install, and use one copy of such Software on your Device in the manner and form that such Software is made available to you. The Kura Online Service may include features or functionality that enable you to share or make available links to, or portions of, the Kura Online Service or Materials with third parties, such as features or functionality that allow you to “send to friend” or to post or share Materials on social media. Where this functionality is available, you are permitted to share with or make available to third parties such links to or portions of the Kura Online Service and/or Materials.
You are permitted to link to the Kura Online Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Kura names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Kura or cause any other confusion, and (c) the links and the content on your website do not portray Kura or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Kura. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Kura or any third party. Kura makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites or other online services linking to the Service.
Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. You agree to abide by all additional terms, conditions, and restrictions included within the Kura Online Service, the Materials, and/or the programs, features, and services. If you violate these Terms, we reserve the right to temporarily suspend and/or permanently terminate your access to the Service or Content, without notice or liability to you.
Kura Sushi may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to all or any portion of the Kura Online Service; (2) change, revise, or modify all or any portion of the Kura Online Service and/or the Materials; (3) interrupt the operation of the Kura Online Service as necessary to perform maintenance, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the Kura Online Service; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
You agree to use the Kura Online Service, the Materials, and the programs, features and services in accordance with these Terms and Conditions and all applicable laws and regulations. You agree not to:
use the Kura Online Service or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
attempt to gain unauthorized access to any accounts, features, systems, or networks;
interfere or attempt to interfere with the proper working of the Kura Online Service or with any other person’s use or enjoyment of the Kura Online Service;
circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Kura;
violate, infringe, or misappropriate the intellectual property, privacy, or other proprietary rights of Kura and its Affiliates.
In using the Kura Online Service, you must respect the Intellectual Property Rights and other rights of Kura and third parties. Your unauthorized use of Materials may violate the rights of others and applicable laws and may result in your civil and criminal liability.
These Terms include only narrow, limited grants of rights to use and access the Kura Online Service and Materials. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY KURA AND ITS LICENSORS AND OTHER THIRD PARTIES.
We reserve the right to prohibit access, use, or content that we, in our sole discretion, deem to be harmful to the Kura Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
The below provisions apply to your use of the Kura Online Service through Apple iOS.
Terms Applicable For Apple iOS.
(i) To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and Kura and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(iii) You acknowledge that Kura, and not Apple, is responsible for providing the Kura Online Service and Materials thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Kura Online Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Kura Online Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Kura, Kura, and not Apple is responsible for addressing any claims you may have relating to the Kura Online Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Kura Online Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Kura Online Service, or your possession and use of the Kura Online Service, infringes on a third-party’s Intellectual Property Rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property Rights infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix) When using the Kura Online Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Kura Online Service.
(x) Your use of real time route guidance on the Kura Online Service (if any) is at your sole risk. Location data may not be accurate.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
The Kura Online Service may offer certain features and services that are available to you via your mobile Device. These features and services may include the ability to access the Kura Online Service’s features and upload content to the Kura Online Service, receive messages from the Kura Online Service, and download applications to your mobile Device (collectively, “Mobile Features”).
(i) Text Messages: You may be given opportunities to subscribe to various text messages or text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. For each subscription, follow the instructions in the messages you receive in to obtain help or to unsubscribe from messages such as by texting “HELP” for help and text “STOP” to opt-out of a subscription, respectively. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out. In addition, by providing your phone number, you consent to non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Except for purchase of premium text programs to which you subscribe for a fee, your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are 18 years of age or older, or have obtained parental consent. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them at: email@example.com.
(ii) Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions. If your unsubscribe request or opt-out is limited to certain types of emails, the unsubscribe request or opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Kura Online Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to unsubscribe or opt-out from receiving our marketing communications.
By using the Kura Online Service, you agree that Kura may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Kura Online Service. For instance, our Software such as the Kura Sushi Rewards App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device, for reasons such as showing you the closest Kura Sushi to you; saving Software images, sound files and writing usage logs to the Device; sending Facebook and X (formerly known as Twitter) messages you initiate; sending and receiving data needed for Software operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing the Software or otherwise using the Kura Online Service. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the Software by uninstalling the Software.
Kura Sushi is excited to offer Kura Sushi Rewards Program (also referred to as “Kura Sushi Rewards”, “Rewards Program”). By enrolling in the Kura Sushi Rewards Program, you agree to the Terms, these Additional Terms and any amendments or modifications thereto (“Rewards Terms”) and you agree to the Kura Sushi Terms & Conditions which are incorporated into these Rewards Terms.
If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and all activity that takes place on your account. You are also responsible for any use of the Kura Online Service on your Device (whether or not logged in to your account). If you become aware of or suspect any unauthorized use of your account, password, or username, or any other breach of security, please notify us immediately at firstname.lastname@example.org.
KURA SUSHI REWARDS IS ONLY AVAILABLE AT OUR RESTAURANT LOCATIONS IN THE UNITED STATES. Kura Sushi reserves the right to make changes to Kura Sushi Rewards at any time. Kura Sushi Rewards is our loyalty rewards program, and these Additional Terms may change at any time so be sure to review these Additional Terms.
To enroll in Kura Sushi Rewards, you may do so online at kurasushi.com/rewards or by downloading the Kura Sushi Rewards App from the Apple App Store or Google Play on a compatible mobile device. Follow the prompts to create an account or to download the mobile app.
After you create your account, you will be a Member, and you will receive your own unique QR code to use and participate in Kura Sushi Rewards which will be made available within the app’s “SCAN to EARN” button on the main home page. An individual may have only one Kura Sushi Rewards account. If a participant has multiple Kura Sushi Rewards accounts, Kura Sushi reserves the right to deactivate all of your accounts and ban you from further participation in Kura Sushi Rewards. You are responsible for all transactions associated with your account.
You will earn ten (10) Points for every $1.00 spent, as reflected in your subtotal. The cents portion of your subtotal is rounded to the nearest whole dollar. For example, if the subtotal of a Member’s check is $14.75, then the Member will receive 150 Points. If the subtotal of a Member’s check is $12.35, then the Member will receive 120 Points. Points are not earned on tax or gratuity. Additionally, Points are not awarded for purchase of merchandise or delivery fees, and tips. If your purchase is refunded, any Points you earned on that purchase will be forfeited. Points accumulated under Kura Sushi Rewards are promotional and have no cash value. Points are not transferable, cannot be encumbered or conveyed by any means to anyone, and can only be redeemed as permitted. Points are typically posted within a few seconds but may take 24 hours from earning and we make no representations that Points will post to a Kura Sushi Rewards account within a specific time frame of be free from error. Points expire 365 days from the day they are earned.
You may earn Points on food and beverage orders purchased in-store, or on orders purchased online through the Kura Online Service. Points will expire 12 months from the day they are earned.
When dining in at a Kura Revolving Sushi Bar location, you should order as usual and at the end of your dining experience open the Kura Sushi Rewards App, tap “SCAN to EARN” on the home screen, and then present the displayed QR code to your server, wo will then scan your QR code prior to payment. Only one Kura Sushi Rewards QR code may be applied per check. You can request your server to split your check if you and a friend wish to each earn points for each of your respective portions of the check. The check must be split prior to scanning any QR codes.
In the alternative, you may use your email address to earn Points on your purchases. When your server presents you your check, you may enter the email address associated with your Kura Sushi Rewards account in the digital payment feature at the store. You must present your email address prior to completing payment.
When ordering online, you may add your email address when prompted for your Kura Sushi Rewards or Loyalty rewards, before processing your final payment during checkout. Any eligible purchase amount will earn points as described herein.
If you forget to scan your rewards account during your visit, you can SCAN the barcode on your physical receipt, right from the Home page of the Kura Sushi Rewards app. Go to SCAN to EARN, then align the QR code from your physical receipt until a successful scan is generated. OR you may enter your receipt barcode number located beneath your QR code on your dine in receipt.
Members will earn Rewards once they accumulate a certain number of Points or the Member’s birthday, as outlined below. You Points automatically convert to Rewards once you hit the required threshold.
Upon accumulating 500 Points, you will automatically be issued a $5.00 Reward (a “Reward”) valid with $15 minimum purchase, before tax and tip. The Reward will appear in the “Offer / Reward” section of the HOME screen within the Kura Sushi Rewards App. An earned $5 Reward expires 21 days from date of issuance. Up to two (2) $5.00 Rewards may be redeemed per visit per check. A minimum of $15.00 must be spent on a single transaction to use one $5 Reward. When using a $5 Reward(s), the $5 Reward discount amount will be applied first, and Points will only be earned on the remaining balance of the check, before tax & gratuity.
In order to redeem the earned Reward, you must present the QR code or 7-digit QR Numeric code that appears once you select “Redeem” within the offer itself.
All Kura Sushi Rewards Members are eligible to receive a Free Dessert (with $15 minimum purchase, before tax and tip) for their Birthday (“Birthday Reward”) that may be redeemed when you dine in only. To receive a free dessert for your birthday, you must add your date of birth into the Kura Sushi Rewards app profile. On the day of your birthday, you will automatically receive a Birthday Reward that will appear in the Offer/Rewards section of the Kura Sushi Rewards App Home screen. You may redeem the Free Dessert by tapping “Redeem” on the Reward to reveal the QR Code. Present the QR code to your server or enter the QR Numeric code when processing your payment Tableside using KuraPay. Birthday Rewards expire 14 days from the day of your birthday. Birthday Rewards cannot be combined with any other coupon, Reward, or discount, including a $5 Reward. Redeemable during in-person dining only. You may not change your birthday after entering it into your PROFILE. If you entered your birthday in error, please contact us at email@example.com.
Members do not earn Points for the amount of any Reward redeemed or discounts applied to an order. Points and Rewards may not be combined among Members and may not transfer through a Member’s estate and may not pass to Members’ successors and assigns. Points and Rewards do not constitute property or a property interest of the Member, and a Member does not have any other interest or right to them (including, without limitation, no community property interests apply to a spouse’s Rewards and they are not descendible upon death). Kura may revoke some or all Points and Rewards if it is determined, in Kura’s sole discretion, that a Member received Points and Rewards due to an error, through fraud, abuse, or deception, or in any manner not authorized or intended by Kura, or for any reason or no reason.
Whenever you reach 500 Point, the Points will automatically convert into a $5 Reward, and your Point total will revert to zero. Points will expire one (1) year from the day they are earned.
Rewards may not be combined with any other coupon or discount. Earned Rewards may not be used for tax, cash back. Up to two (2) $5 Earned Rewards are allowed per check per visit. Rewards do expire, so please be sure to check your account for the expiration date of each Reward.
All existing Kura Rewards members are able to migrate their existing account to the new Kura Sushi Rewards app. Existing users will have one (1) year from September 19, 2023, to migrate their earned points, lifetime plates and any unexpired $5 coupons.
To migrate, download the new Kura Sushi Rewards App and follow the instructions.
Tap YES when asked if you would like to Migrate. Enter the same email address you used to sign up for the previous Kura Rewards program. A verification code will be emailed to your email address. Enter the verification code when prompted during the migration process after you download and open the new Kura Sushi Rewards app for the first time. After this is completed, all existing points, lifetime plates and existing $5 Coupons will migrate over to the new account. You will also receive 300 Bonus points for migrating your account.
You may opt-out of Kura Sushi Rewards at any time, for any reason by deleting your account. You may cancel your account directly in the Kura Sushi Rewards App by tapping MORE, selecting Profile, and then clicking the link to deactivate or delete your account. If you delete your account, any unredeemed Rewards and/or progress towards other Rewards will automatically expire and will no longer be available for redemption. You may re-enroll at any time, but you will start with zero points. Upon deletion, your account will no longer be available, and you may no longer earn Points, Rewards or redeem Rewards previously received. In the alternative, you may choose to deactivate your account. If you deactivate your account, your account will be disabled, and you will not be able to login. IF you would like to reactivate your account, please reach out to firstname.lastname@example.org.
Each time that you participate in the Rewards Program by (i) earning Points, or (ii) redeeming a Reward, you are deemed to have re-acknowledged, accepted and agreed to these Reward Terms.
Please review the Kura Sushi Rewards FAQ’s (“FAQ’s) if you have any questions, or contact us at email@example.com. The FAQ’s are incorporated by reference into these Terms. If there is a conflict between these Terms and the FAQ’s, the Terms control.
We strive to accurately describe our products or services offered on the Kura Online Service; however, we do not warrant that such specifications, pricing, or other content Materials on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, we shall have the right to refuse or cancel any orders in our sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Kura is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE KURA ONLINE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KURA AND THEIR DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “KURA PARTIES”) HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICE, CONTENT, KURA PROPERTY, SUBMISSIONS OR OTHER COMPANY PRODUCTS OR SERVICES.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, KURA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY KURA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE KURA ONLINE SERVICE, MATERIALS, KURA PROPERTY, SUBMISSIONS, OR OTHER KURA PRODUCTS OR SERVICES, EXCEPT, TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW, FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT MANUFACTURED, SOLD OR PROVIDED BY KURA.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Kura Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Kura Online Service).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KURA PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE KURA ONLINE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID KURA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY KURA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY KURA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) KURA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY KURA PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST KURA PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
As permitted by applicable law, you agree to, and you hereby, defend (if requested by Kura), indemnify, and hold Kura Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Kura Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (i) your Submissions; (ii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your activities in connection with or your use of the Kura Online Service; (iii) any misrepresentations made by you; (iv) use of the Kura Online Service; or (v) breach of these Terms (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Kura Parties, in the defense of any Claim and Losses. Notwithstanding the foregoing, Kura Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Kura Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Kura Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
The provisions of this section shall supersede any inconsistent provisions of any prior agreement between the parties. This section shall remain in full force and effect notwithstanding any termination of your use of the Kura Online Service or these Terms.
Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Materials, your Submissions, these Terms (collectively, “Dispute”) shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in Los Angeles, California for any and all purposes.
Kura and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Kura need not do so in circumstances where its claims of Intellectual Property Rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Kura – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Kura is making a claim, the letter shall be sent, via email, to the email address listed in your Kura account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this section. If you are making a claim, the letter shall be sent to 17461 Derian Ave, Suite 200, Irvine, CA 92614 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this section. Either you or Kura, however, may seek provisional remedies (such as preliminary injunctive relief, subject to this section) before the expiration of this sixty (60)-day period.
Unless you give us notice of opt-out within five (5) business days of your first use of the Kura Online Service, addressed to: 17461 Derian Ave, #200, Irvine, CA 92614. all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Los Angeles County, California, or at a mutually agreed location, before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. If the matter in dispute is between Kura and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer, you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Los Angeles County, California or, if sought by Kura, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Los Angeles County Superior Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE KURA ONLINE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, SOFTWARE, MATERIALS, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY KURA PARTY (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF ANY KURA PARTY.
These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Kura or by Kura against you pursuant to this section, or otherwise related to the Kura Online Service, Materials, Kura Licensed Elements, Submissions or other Kura products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Kura agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement. Either party may seek enforcement of this section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
As permitted by applicable law, both you and Kura waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to the Class Action Waiver.
It is your responsibility to review the posted Terms each time you use the Kura Online Service. Kura reserves the right at any time to update, change, modify, or revise these Terms from time-to-time and you agree that we may notify you by posting them on the Kura Online Service (or in another reasonable manner of our choosing). Your use of the service after such notice constitutes your agreement to the updated Terms for your new use and subsequent transactions. Any changes will become effective as to new use upon posting to the Kura Online Services, and the date on which it was most recently updated will be indicated by the “Last Updated” section at the start of these Terms. Your continued access to or use of the Kura Online Services and its programs and offers after any such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms and Conditions regularly for updates.
Kura, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Kura Online Service and/or Materials, in whole or in part, for any reason, in Kura’s sole discretion, and without advance notice or liability. These Terms also govern any updates to, or supplements or replacements for, the Kura Online Service and Materials. Kura controls and operates the Kura Online Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Kura Online Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export any aspects of the Kura Online Service, including any software, to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
Kura may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any rights granted to you hereunder and any applicable Additional Terms may not be assigned by you, and you may not delegate or assign your duties obligations under them, without the prior written consent of an officer of Kura.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Kura in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Questions or comments to Kura Sushi can be sent via email to firstname.lastname@example.org or mailed to Kura Sushi USA, Inc., ATTN: Customer Service, 17461 Derian Ave, Suite 200, Irvine, CA 92614.