THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND AnimeNPC BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
(a) Changes to these Terms
The Site and all Services (but not the Third Party Sites) are owned and operated by us. We reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms. Your continued use of the Services after a revised version of these Terms has been posted by us to the Site constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this Section 1(a), no revisions to these Terms will apply to any dispute between you and AnimeNPC that arose prior to the date of such revision.
(b) Evolving Nature of Services
The Services are continually under development and changes to the Services may be made at any time. If you disagree with the Terms or are in any way dissatisfied with the Service, we hope you will let us know by emailing to [email protected], but your sole remedy is to discontinue your use of the Services.
You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
2. Use of the Service
4. Service Security
We have gone to great lengths to develop the Services and may take steps to protect the integrity or operation of the Services. If you violate these Terms in any way, as determined in our sole discretion, we may terminate your right to use the Services without any liability to you. We reserve the right to investigate any alleged or suspected violations of these Terms and, if a criminal violation is suspected or harm to the Services or any other Users or person, property or thing is expected, anticipated or feared, then AnimeNPC may refer such suspected violations or activities to law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services. You hereby consent in advance to such disclosures and agree that you will not have any claims against AnimeNPC arising out of such disclosures to law enforcement agencies.
The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. If you are 13 to 17 years of age, then you must obtain your parent or guardian’s consent to use the Services and by using the Services you hereby represent that you have obtained such consent. AnimeNPC does not seek to gather personal information from or about children under the age of 13 through the Services.
(a) AnimeNPC offer Products for sale. The price for each Product shall be displayed at the point of purchase. You shall be responsible for the payment of any Product purchased by you through AnimeNPC(each such purchase, a “Transaction”), as well as any shipping costs, taxes or other fees associated with your Transactions.
(b) We reserve the right to immediately halt the offering or sale of any Products, in its sole and absolute discretion, without any liability to any AnimeNPC User, and to correct any inaccurate listing or technical problems with any Products. If you identify any inappropriate Products available via the Services, then please send a detailed e-mail to [email protected] identifying the inappropriate Product and a brief explanation of why such Product is inappropriate.
All charges and payments for Transactions will be made in U.S. currency unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider.
(b) Methods of Payment
Your Transactions can only be made using Stripe (credit card) and PayPal. You must be authorized to use the payment method used to make purchases through the Services. All Transactions made through the Services will be confirmed by an e-mail sent to the e-mail address associated with your order. If you have any questions regarding any purchase confirmation you receive, then please direct your questions to [email protected].
Published prices include all taxes, duties or shipping. Prices may be changed without notice at any time. You agree to indemnify and hold us harmless from any claims by any taxing authority arising out of your Transactions through the Services.
All Transactions are final, and AnimeNPC offers refunds for any purchased Products. If any Product purchased by you is fraudulent, we will offer full refund. If the Product is damaged during shipment, or defective in nature, please contact [email protected] for assistance and provide photos of Product in order to receive a replacement, to the extent AnimeNPC offers a replacement for such product in its sole and absolute discretion. Risk of loss and title for physical Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
(e) Cancellation of Payments and Purchases
Payments and purchases may not be cancelled by you, except as required by law. However, AnimeNPC reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a Transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, then there may be a hold on your use of that transaction amount for several days.
We may offer coupons (“Coupons”) from time-to-time. The terms of Coupons, such as the expiration date, will be set forth on the face of the applicable Coupon. Coupons are not redeemable for cash.
When you place an order for a Product, the Product will be shipped to the address you designated at the time of purchase. Please make sure that the address you provided is correct. If the Product is undelivered due to incorrect address or if you want to change the address after placing an order after a tracking number is issued, please contact the carrier for assistance.
8. Disclaimer of Content (including User Content)
THE FOLLOWING TERMS IN THIS SECTION 8 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) FROM A VARIETY OF SOURCES, AND THAT AnimeNPC IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT (INCLUDING USER CONTENT) THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST AnimeNPC WITH RESPECT THERETO.
(b) UNDER NO CIRCUMSTANCES WILL AnimeNPC BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY CONTENT (INCLUDING USER CONTENT), INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING USER CONTENT) OR PRODUCTS DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES. BY ACCESSING OR USING ANY CONTENT (INCLUDING USER CONTENT) DISPLAYED, PERFORMED, TRANSMITTED OR ACCESSIBLE ON OR THROUGH THE SERVICES, YOU WAIVE ANY AND ALL CLAIMS AGAINST AnimeNPC THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH CONTENT.
(c) Retaining Backup Copies
AnimeNPC DOES NOT GUARANTEE THE CONTINUED AVAILABILITY OF USER CONTENT, AND MAY DELETE ANY USER CONTENT FROM THE SERVICES AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU RETAIN COPIES OF ANY USER CONTENT YOU UPLOAD TO THE SERVICES.
9. Links to Third Party Sites
The Services provide links to Third Party Sites. These links are for convenience only. If you use these links, you will leave the Services. AnimeNPC is not responsible for the availability of or the content provided by these Third Party Sites, or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not we are affiliated with the owners of such Third Party Sites. In addition, the linking to Third Party Sites is not an endorsement or approval by us of the organizations owning, operating, or sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites. Notwithstanding the immediately preceding sentence, the use of any portion or feature of the Services available on or through a Third Party Site will continue to be subject to these Terms.
(b) No Liability for Third Party Sites
YOU AGREE THAT AnimeNPC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICE.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless AnimeNPC and its affiliates, investors, partners, any related companies, suppliers, and its and their respective directors, officers, employees, agents, representatives, contractors, and assigns from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (a) your use or misuse of the Services; (b) your breach or other violation of these Terms, including any representations, warranties and covenants herein; (c) any User Content uploaded by you on or through the Services; or (d) your violation of the rights of any other person or entity, including any intellectual property or other protected rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us if we, in our reasonable discretion, conclude that you are not adequately protecting our interests or are incapable of protecting our interests, and you agree to cooperate with our defense of these claims. We shall provide you with notice (email shall suffice) in the event we assume the defense or control of any matter pursuant to this Section 10; provided we have information necessary for contacting you. You agree not to settle any matter for which you are obligated to indemnify AnimeNPC without the prior written consent of AnimeNPC. We will use reasonable efforts to notify you of any such claim, action or proceeding for which it is seeking indemnity from you upon becoming aware of it, but AnimeNPC’s inability to contact you shall not relieve you of your indemnification obligation.
11. Additional Disclamiers
THE FOLLOWING TERMS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) THE SERVICES AND ANY CONTENT AND PRODUCTS ACCESSIBLE ON AND THROUGH THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED BY AnimeNPC ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
(b) AnimeNPC AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AnimeNPC, AN EMPLOYEE OR REPRESENTATIVE OF AnimeNPC OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. AnimeNPC AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT AND PRODUCTS THROUGH THE SERVICES OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR PRODUCTS. ALL PRODUCTS PURCHASED ON OR THROUGH THE SERVICES, WHETHER PURCHASED FROM AnimeNPC OR A THIRD PARTY, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. AnimeNPC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AnimeNPC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. AnimeNPC MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
IN NO EVENT WILL AnimeNPC OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT MADE AVAILABLE OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF AnimeNPC OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AnimeNPC OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100.00) OR (2) THE AMOUNT OF FEES YOU HAVE PAID AnimeNPC (IF ANY) IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
13. Term and Termination
These Terms, as amended, will be effective commencing with your first use or registration of the Services and will remain in full force and effect until terminated as set forth below.
(b) Termination by AnimeNPC
AnimeNPC may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, including, but not limited to, for conduct violating these Terms or upon AnimeNPC’s sole determination as necessary to protect the Services, other Users of the Services, or AnimeNPC or its partners and affiliates. You hereby agree to our broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, then you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, then you will indemnify and hold us harmless from any and all liability that we may incur therefor.
(c) Termination by You
You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an e-mail to [email protected] or using any other account termination functionality that may be offered through the Services.
14. Notice and Procedure for Making Claims of Copyright or other Intellectual Property Infringements
(a) AnimeNPC respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.
(b) AnimeNPC’s intellectual property policy is to (a) remove or disable access to Content or materials that AnimeNPC believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Content posted to the Services by “repeat infringers.” AnimeNPC considers a “repeat infringer” to be any user that has uploaded User Content to the Services and for whom AnimeNPC has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. AnimeNPC has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon AnimeNPC’s own determination.
(c) Procedure for Reporting Claimed Infringement
If you believe that any Content accessible on or through the Services infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
iii. Identification of the specific 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 AnimeNPC to locate the material;
iv. Information reasonably sufficient to permit AnimeNPC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see 17 U.S.C. § 512 of the United States Copyright Act to confirm your obligations to provide a valid notice of claimed infringement.
(d) Designated Agent Contact Information
AnimeNPC’s Designated Agent for notices of claimed infringement can be contacted via e-mail: [email protected]
(e) Counter Notification
If you receive a notification from AnimeNPC that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide AnimeNPC with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to AnimeNPC’s Designated Agent through one of the methods identified in Section 18.4, and include substantially the following information:
i. A physical or electronic signature of the subscriber;
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which AnimeNPC may be found, and that the subscriber will accept service of process from the person who provided notification under Section 18.3 above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
(f) False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides that:
any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
AnimeNPC reserves the right to seek damages from any party that submits a notification of claimed infringement in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 18 should be sent to the Designated Agent at [email protected] or to the postal address identified above. Any other comments, compliments, complaints or suggestions about AnimeNPC, the operation of the Services or any other matter should be sent to [email protected].
15. Dispute Resolution
In the interest of resolving disputes between you and AnimeNPC in the most expedient and cost effective manner, you and AnimeNPC agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AnimeNPC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding Section 15(a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and AnimeNPC will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting AnimeNPC. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
(d) Notice & Process
A party who intends to seek arbitration must first send a electronic notice of the dispute to the other party (“Notice”). AnimeNPC’s dispute resolution email: [email protected]. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, then you or AnimeNPC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or AnimeNPC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by AnimeNPC prior to selection of an arbitrator, AnimeNPC will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by AnimeNPC in settlement of the dispute prior to the arbitrator’s award; or (c) $10,000.
If you commence arbitration in accordance with these Terms, then AnimeNPC will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Multnomah County, Oregon, but if the claim is for $15,000 or less, then you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AnimeNPC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(f) No Class Actions
YOU AND AnimeNPC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AnimeNPC agree otherwise, 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.
(g) Modifications to this Arbitration Provision
Except as otherwise provided in these Terms, if AnimeNPC makes any future change to this arbitration provision, other than a change to AnimeNPC’s address for Notice, then you may reject the change by sending AnimeNPC written notice within 30 days of the change to AnimeNPC’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and AnimeNPC.
If Section 15(f) above is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void.
(a) Governing Law & Entire Agreement
This is the entire agreement between you and AnimeNPC relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by AnimeNPC as authorized in these Terms. These Terms will be governed solely by the laws of the State of Massachusetts, without regard to its conflicts of laws principles.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of AnimeNPC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AnimeNPC without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
(e) No Agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AnimeNPC as a result of these Terms or use of the Services.
The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 3 (Privacy), 4 (Service Security), 8 (Disclaimer of Content, Including User Content), 9 (Links to Third Party Sites), 10 (Indemnity), 11 (Additional Disclaimers), 12 (Limitations), 13 (Term and Termination), 15 (Dispute Resolution), and 16 (Miscellaneous).
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(h) E-mail Communications
You hereby authorize AnimeNPC to communicate with you about the Service via email during the Term and at least once following the Term to confirm any termination of these Terms.
(i) Contact Information for AnimeNPC
The services hereunder are offered by AnimeNPC. You may contact us by emailing us at [email protected].