Terms Of Use

Last Modified: June 29, 2013

These Terms of Use

Welcome to NissinFoods.com (this “Site”). These Terms of Use (“Terms of Use”) govern the use of this Site provided by Nissin Foods (U.S.A.) Company, Inc. (“Nissin,” “we,” “us,” “our”). As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Site. We’ve designed our Web site to be useful, informative, and fun. We hope we’ve succeeded—and we hope you’ll let us know how we can make it even better.

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE.

Changes to these Terms of Use

As we add new features and functionality to this Site, we may need to update or revise these Terms of Use. We therefore reserve the right to update or revise these Terms of Use, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post the revised version on this Site. Your use of this Site following any such change constitutes Your consent to the terms of the revised Terms of Use. For this reason, it is important to review these Terms of Use regularly.

Your Feedback

We welcome Your comments, feedback, suggestions, and other communications regarding this Site and the information and services we make available through this Site (collectively, “Feedback”). The Feedback You provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in Your Feedback, including all copyrights and other intellectual property rights in Your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback You submit for any purpose whatsoever, without restriction and without compensating You in any way. For this reason, we ask that You not send us any Feedback that You do not wish to assign to us.

Our Online Privacy Policy

Our Online Privacy Policy describes how we protect Your privacy when You use this Site. To review our Online Privacy Policy, click here. Our Online Privacy Policy is part of and is hereby incorporated into these Terms of Use.

Ownership of Site and Content

Except as expressly set forth in these Terms of Use, all rights, title and interests in this Site, including all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through this Site (collectively, “Content”) are owned by Nissin or by third parties who have licensed or provided their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and Nissin owns the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.

We hereby grant You a limited, revocable license to download and print copies of any portion of the Content on this Site to which You have properly gained access, but only for Your internal business use or for Your own personal, non-commercial use, and only if You do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content You download. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to You or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

Third-Party Content

Some of the information, articles and other materials available through this Site are provided to Nissin by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for Your interest and convenience only. Nissin does not endorse these materials or the vendors who supply them to us, nor does Nissin warrant or represent that these materials are current, accurate, complete or reliable.

Trademarks

The trademarks and service marks used or displayed on this Site (“Trademarks”) are registered and unregistered trademarks of members of Nissin, its affiliates, or third parties. You may not use any Trademarks displayed on this Site without the prior express written permission of Nissin or the trademark owner.

Links to Third-Party Web Sites

This Site may contain links to other Web sites owned by third parties (such as, advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Web sites. We do not assume any responsibility or liability for the actions, product, and content of any such Web sites. Before You use any third party Web site, You should review the applicable terms of use and policies for such Web sites. The inclusion of a link in this Site does not imply our endorsement of such third party Web site. If You decide to access any such linked Web sites, You do so at Your own risk.

Links to other Nissin Web sites

This Site may contain links to other Web sites owned by Nissin or our affiliates. Different Web sites are used for different purposes and therefore may have different terms of use and privacy policies. These Terms of Use (and the Online Privacy Policy referenced above) apply only to NissinFoods.com. Before You use any other Web site, You should review the applicable terms of use and policies for that Web site.

Disclaimer of Warranties

Your use of THIS SITE and all of the content, products and services made available through THIS SITE, is at your sole risk. THIS SITE, and all of the content, products and services made available THROUGH THIS SITE, IS provided on an “as is” and “as available” basis, without representations or warranties of any kind whatsoever. To the fullest extent permitted by law, NISSIN, ITS AFFILIATES AND their respective directors, OFFICERS, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether express, implied, or statutory, with respect to THIS SITE; the content, products and services made available through THIS SITE; your use of THIS SITE; or any Web sites to which THIS SITE IS linked. Without limiting the generality of the foregoing, NISSIN, ITS AFFILIATES AND their respective directors, OFFICERS, employees, agents, licensors and service providers disclaim all representations and warranties (A) of merchantability, fitness for a particular purpose, title and non-infringement; (b) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (c) regarding the security of this site or our systems; (d) that the content is accurate, complete, current, relevant or reliable; or (e) that your use of THIS SITE will be uninterrupted or error-free.

Some jurisdictions do not allow the limitation of certain warranties, so some of these disclaimers may not apply to you.

Limitation of Liability

Under no circumstances, shall Nissin, its affiliates, or their respective, officers, directors, employees, agents, licensors and service providers, be liable to you or to any third party for any indirect, incidental, special, exemplary or consequential losses or damages, including loss of profits, revenues, savings, data or goodwill, arising out of or in connection with the use of or inability to use this site or in connection with the content, products and services made available through this site.

IN NO EVENT SHALL NISSIN, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS, AGGREGATE LIABILITY HEREUNDER TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS SITE EXCEED USD 100.00.

EACH OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF NISSIN OR ONE OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Modification and Discontinuation

We reserve the right to discontinue or modify this Site at any time without prior notice.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Los Angeles County, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use, as supplemented or amended by any applicable Privacy Notices or click-through agreement, contain the entire understanding and agreement between You and us with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between You and us with respect thereto.

Questions about these Terms of Use

If You have any questions regarding these Terms of Use, please

Send an e-mail to: ConsumerAffairs@nissinfoods.com

• Write to us at:
• Nissin Foods (USA) Co., Inc.
• 2001 W. Rosecrans Ave.
• Gardena, CA 90249
• ATTN: Consumer Affairs