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Round One Delicious USA Inc. Terms of Use

PLEASE NOTE THAT THESE TERMS AND CONDITIONS OF USE (THESE “TERMS OF USE”) ARE AN AGREEMENT BETWEEN YOU AND ROUND ONE DELICIOUS USA INC. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. UNLESS YOU OPT OUT OF ARBITRATION, THESE PROVISIONS WILL AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION” AND “CLASS ACTION WAIVER SECTIONS BELOW. PLEASE READ CAREFULLY.

BY ACCESSING, PARTICIPATING, OR OTHERWISE USING THIS WEBSITE AND THE SERVICES (DEFINED BELOW), YOU AGREE TO BE SUBJECT TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MUST CEASE USING OR ACCESSING THIS WEBSITE AND THE SERVICES IN ANY MANNER. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND ALL THE TERMS OF USE. FOR MORE INFORMATION, PLEASE CONTACT ROUND ONE DELICIOUS USA INC. (SEE THE “CONTACT” SECTION BELOW).

GENERAL CONDITIONS

  • Terms of Use. These Terms of Use apply to your access to, and use of, this Website, or online service or program, directly offered through this Website (collectively the “Services”) of Round One Delicious USA Inc. (hereinafter “Round One Delicious” or “we” or “us”) where these Terms of Use are posted or linked. Round One Delicious USA operates this Website and provides Services under the name TENSHOU Japanese Omakase Collection. These Terms of Use are a legal and binding agreement between you and Round One Delicious. These Terms of Use govern your use of the Services, which include any offerings, content, information, services, and features made available therein. You must be older than 13 to use the Services.
  • Modification of Terms of Use. Except as otherwise specified under the “Dispute Resolution” section below, which provides for binding arbitration and waiver of class action rights, Round One Delicious reserves the right at any time to update, change, modify, or revise these Terms of Use. Any changes to these Terms of Use shall become effective upon posting of the changes, modifications or revisions on this Website and the applicable Services, along with the date on which it was most recently updated as indicated by the “Effective Date” at the top of these Terms of Use. Your continued access to or use of the Services after any such changes indicates your acceptance of these Terms of Use as modified. It is your responsibility to periodically review these Terms of Use for updates.
  • Use of the Services. The Services and all content, information, and other materials featured, displayed, contained, and made available on the Website, including, but not limited to, any and all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the aesthetics, pages, screens, arrangement of content, and software (collectively, the “Materials”) are owned by or licensed to Round One Delicious and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws of the United States and foreign laws. Subject to your compliance with these Terms of Use, Round One Delicious grants you a non-exclusive, non-transferable, personal, limited right to access and use the Services for non-commercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, non-commercial use. All notices identifying Round One Delicious’s intellectual property rights on the Materials must be retained on all copies thereof. This provision shall not be construed to grant any other right to copy, reproduce, distribute, display, transmit, perform, publish, license, modify, create derivative works from, sell, or exploit, in any whole or in part, the Services or the Materials. Except as may be expressly granted herein, Round One Delicious does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
  • User Conduct. You agree to use the Services, Materials, and any other features and services offered through the Website in accordance with the Terms of Use and all applicable laws and regulations.
  • You agree to not modify, adapt, translate, decipher, decompile, disassemble, decrypt, or reverse engineer any portion of the Services or Materials;
  • You agree to not use the Services or Materials, features, or any other offerings for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • You agree to not attempt to gain unauthorized access to any features, systems, or networks through hacking, password mining, or any other means;
  • You agree to not impersonate any person or entity, or misrepresent your credentials or any information you provide;
  • You agree not to use Services or any feature in any way that would disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
  • You agree not to frame or mirror any portion or feature of the Services;
  • You agree not to use the Services or any feature for advertisements, chain letters, spam, junk mail, solicitations, or any other commercial purposes;
  • You agree not to use any “deep-link,” “page-scrape,” “bot,” “spider,” or any other automatic device, program, algorithm, or methodology, or any other similar or equivalent manual or automated process, to: (i) access, acquire, copy, or monitor any portion of the Services or Materials; (ii) reproduce or circumvent the navigational structure or presentation of the Services or Materials; or (iii) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services;
  • You agree not to harvest or otherwise collect or store any information (including personal information) about other users, including, but not limited to: e-mail addresses, without the express consent of such users;
  • You agree not to use any device, software, routine, or any other method to interfere with or attempt to interfere with the proper working of the Services or with any other person’s use or enjoyment of the Services or otherwise impose an unreasonable load on Round One Delicious’s network or infrastructure;
  • You agree not to use the Services to send commercial electronic messages or install a computer program on another person’s computer system;
  • You agree not to transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, malware, or any other items of a destructive nature;
  • You agree not to circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Round One Delicious;
  • You agree not to forge headers or otherwise manipulate identifiers;
  • You agree not to post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • You agree not to submit or post any false or misleading information;
  • You agree not to violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Round One Delicious, or any other person or entity; and,
  • You agree not to engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or other third-parties to any liability, damages, or harm of any type.

Round One Delicious reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to Round One Delicious, the Services, Materials, users, our brand, or any other person or entity, or that would otherwise violate these Terms of Use and/or applicable law.

  • Disclaimer of Warranties and Liability. These Terms of Use control your access and use of the Services or the Materials, and no other agreements or covenants, either in law or in equity, shall be implied or incorporated, all of which are expressly disclaimed. Round One Delicious makes no warranties, representations, or guarantees, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular use, and non-infringement, with respect to any Services or the Materials. To the fullest extent by law, Round One Delicious assumes no responsibility and is not liable for any of the Services or Materials, for any damage to your computer or phone that may be caused in your connection with your use of the Services or the Materials, for any errors in or omissions of the Services or materials, or for any loss or damage or expenses that may result from your access or use of the Services or the Materials. IN NO EVENT SHALL ROUND ONE DELICIOUS BE LIABLE TO YOU, OR ANYONE ACTING ON YOUR BEHALF, FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR PROFITS, ARISING OUT OF THE ACTS OR OMISSIONS OF ROUND1 ENTERTAINMENT IN CONNECTION WITH THE SERVICES OR MATERIALS, OR COSTS OR ATTORNEYS’ FEES.
  • Links to Third Party Services and Sites. The Services may contain links to other third-party websites, including a reservation system offered by a third-party provider, and social media platforms, such as Facebook, Instagram, or X (hereinafter, all links to third-party sites or platforms are referred to as “Third Party Sites”). Third Party Sites are provided only for your convenience. If you decide to visit any Third Party Site, you do so at your own risk. Round One Delicious shall have no responsibility for any Third Party Sites, or the content, policies, or actions contained therein. If you choose to use the service of a Third Party Site (including, without limitation, from a Third Party Site of the reservation service provider), your relationship is with that third-party provider. You agree that Round One Delicious is not responsible for the quality of the third-party services or products, or fulfilling any terms of your agreement with the third-party provider, including, but not limited to the delivery of any products or services and warranty obligations related to such products or services. A link placed to such Third Party Sites on our Website does not imply that we sponsor, endorse, or are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, logo, design, symbol, or other copyrighted materials displayed on or accessible through such Third Party Site.
  • Intellectual Property. Nothing in the Services or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the intellectual property of Round One Delicious without our prior express written permission. You are strictly prohibited from using any intellectual property unless expressly provided for under these Terms and Conditions.
  • Termination and Remedies. You agree that Round One Delicious may, in its sole discretion and without prior notice, block, suspend, and/or terminate your access to any or all of the Services. You also agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Round One Delicious. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary and appropriate. These remedies are in addition to any other remedies available to us at law or in equity.

PRIVACY POLICY

Round One Delicious Privacy Policy. By using this Website and the Services, you authorize Round One Delicious to collect, maintain, use, process, and share their information, including, without limitation, names, email addresses, physical addresses, and other private information in accordance with Round One Delicious’s Privacy Policy (the “Privacy Policy”). You can learn more about how Round One Delicious collects, maintains, uses, processes, and shares your information in the Privacy Policy, which may be viewed at https://tenshoucollection.com/privacy. The Privacy Policy is not made, or intended to be made, a part of these Terms of Use. The Privacy Policy describes and identifies Round One Delicious’s handling of your private information, and the protocols for such management.

DISPUTE RESOLUTION

Please read this section carefully and thoroughly as it affects your legal rights, including, but not limited to, your right to participate in a lawsuit in court.

  • Dispute Resolution Procedures. “Dispute” shall mean any dispute, claim, or controversy between you and Round One Delicious, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of these “Dispute Resolution” provisions (with the exception of the enforceability of the “Class Action Waiver” provision below). The term Dispute shall be given the broadest possible meaning that will be enforced. If you have a Dispute with Round One Delicious that cannot be resolved through negotiations within the time frame described in the “Notice of Dispute” clause below, you and Round One Delicious agree to resolve any unresolved Dispute only through binding arbitration in accordance with the terms set forth in this section, and not litigate any unresolved Dispute in Court, except for the matters listed as an exclusion below. Binding arbitration means that a Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

    YOU AND ROUND ONE DELICIOUS AGREE THAT ANY CLAIM FILED BY YOU OR BY ROUND ONE DELICIOUS IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE DISPUTE RESOLUTION TERMS CONTAINED IN THIS SECTION.

    If you have a dispute with Round One Delicious, you must send written notice to Round One Delicious at 3050 Saturn St., Suite 103, Brea, CA 92821 to give notice to Round One Delicious that you have a Dispute and an opportunity to resolve any Dispute informally through negotiation. You agree to negotiate resolution of any such Dispute in good faith for no less than sixty (60) days after you provide notice of any such Dispute. If any such Dispute cannot be resolved within sixty (60) days from the receipt of a Notice of Dispute, you or Round One Delicious may submit the claim to be resolved through binding arbitration pursuant to the terms of this section. The aforementioned dispute negotiations are a pre-requisite and condition precedent to commencing any formal dispute resolution proceedings, including, but not limited to, any binding arbitration proceedings. You and Round One Delicious agree that any relevant limitations period and filing fees or other deadlines shall be tolled during the period that the parties engage in the negotiations process.

    ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND ROUND ONE DELICIOUS SPECIFICALLY AGREE TO DO SO IN WRITING. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THAT THIS WAIVER OF CLASS ACTION RIGHTS MAY BE PROHIBITED BY LAW.

  • Binding Arbitration Agreement. All Disputes arising out of or relating to these Terms of Use, the Website, or the Services shall be resolved through confidential and binding arbitration. You and Round One Delicious hereby waive any constitutional and statutory rights to sue in court and have a trial before a judge or a jury. Instead, you and Round One Delicious agree to resolve any Disputes by binding arbitration, except as specified in this section. Binding arbitration shall be administered by the American Arbitration Association (the “AAA”), in accordance with the AAA’s Consumer Arbitration Rules and Mediation Procedures (the “Rules”) in effect at the time of arbitration, except as supplemented where applicable, and as may be modified by this Dispute Resolution section. The Rules are currently available at https://www.adr.org/rules-forms-and-fees/consumer/. If you are initiating arbitration, a copy of the demand shall also be emailed to contact@round1delicious.com. For any arbitration that is initiated by Round One Delicious, we will send a written description of the Dispute to any email or physical address we have on record.

You and Round One Delicious agree that any Dispute arising out of or relates to in any way these Terms of Use, the Services, the Materials, your relationship with Round One Delicious and or any of its parent entities, affiliates, subsidiaries, and each of its and their respective current or former members, officers, directors, employees, or representatives (collectively and hereinafter referred to as the “Round One Delicious Entities”), including the determining of the scope, validity, enforceability, or applicability of this agreement to arbitrate, to any claim that all or any part thereof this agreement to arbitrate is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) shall be resolved exclusively by final and binding arbitration in accordance with this Binding Arbitration Agreement section. This agreement to arbitrate shall be made pursuant to a transaction involving interstate commerce, and this agreement to arbitrate and any arbitration shall be governed by the Federal Arbitration Act, 9. U.S.C. §§ 1-16 (the “FAA”). As limited by the FAA, these Terms of Use, and the Rules, the arbitrator shall have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Round One Delicious shall make a mutual selection of a sole arbitrator from a list of arbitrators provided by AAA. If the parties are unable to make such a mutual selection, AAA shall be empowered and authorized to make the selection on behalf of the parties based on the reasonable requirements of the parties. Any claim arising out of or related to these Terms of Use, the Services, the Materials, or this agreement to arbitrate, must be noticed within one (1) year after such claim arose (notwithstanding any tolling from negotiation procedures). Otherwise, the claim is permanently barred, which means neither party shall have the right to assert such claim after this one (1) year period. The parties agree that service of any papers or documents related to arbitration may be done by electronic means, such as electronic mail. The cost of arbitration, including, but not limited to the fees of the arbitrator, AAA, and the attorneys, shall be awarded to the prevailing party unless the arbitrator decide that, in light of the circumstances, each party shall bear its own costs or otherwise apportion in a manner the arbitrator determine to be equitable. Neither party shall challenge the jurisdiction or venue provisions provided in this agreement to arbitrate. Nothing in this provision herein shall prevent either party from obtaining an injunction or other order in aid of arbitration from the court of appropriate jurisdiction.

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER CONTAINED HEREIN, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF (I) JANUARY 31, 2026; OR (II) THE DATE OF YOUR FIRST USE OF THE SERVICES, WHICHEVER IS LATER. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 3050 SATURN STREET, SUITE 103, BREA, CA 92821 AND MUST INCLUDE: (A) YOUR FULL LEGAL NAME; (B) YOUR PHYSICAL ADDRESS; (C) YOUR E-MAIL ADDRESS THAT YOU DESIGNATED TO RECEIVE ELECTRONIC SERICE OF PROCESS; AND (D) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ROUND ONE DELICIOUS THROUGH ARBITRATION.

  • Arbitration Venue. The arbitration shall be held: (i) in Los Angeles, California; (ii) electronically through the use of video conferencing or other similar technology; or (iii) at another location that you and Round One Delicious agree upon.

MISCELLANEOUS

  • Governing Law. These Terms of Use shall be deemed to be made in and in all respects shall be interpreted, construed, and governed by and in accordance with the laws of the State of California, without regard to its conflicts of laws provisions thereof.
  • Entire Agreement. These Terms of Use, together with our Privacy Policy and any other applicable terms included in our Services or Materials (as may be posted on our Website from time to time), constitute the entire agreement between us and you with respect to your use of the Services and Materials, and supersede any previous written or oral agreements between us and you with respect to the subject matter.
  • Headings. The headings in these Terms of Use are for convenience and reference. The headings do not limit or affect the agreements contained herein, and shall not construe or be used to define the terms therein.
  • Severability. If, for any reason, an arbitrator or a court of competent jurisdiction, makes a final finding that any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect.
  • No Waiver. No waiver of any provision of these Terms of Use shall be binding upon Round One Delicious unless in a writing executed by an authorized officer of Round One Delicious. No waiver of any provisions of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. The failure of Round One Delicious to exercise or enforce any right or remedy in these Terms of Use shall not constitute a waiver of that right or remedy.
  • No Agency Relationship. Nothing in these Terms of Use, nor any of the Services or Materials, create any partnership, joint venture, employment, or other agency relationship between you and Round One Delicious. You may not enter into any contract on behalf or bind us in any way.
  • Contact Information. You may contact Round One Delicious at:
    ROUND ONE DELICIOUS USA INC.
    3050 Saturn Street, Suite 103 Brea, CA 92821
    EMAIL: contact@round1delicious.com