Terms & Conditions

TERMS OF SERVICE

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Yonex Corporation d/b/a Yonex USA (“Yonex” or “we” or “us”) concerning your use of (including any access to) the Yonex site currently located at https://us.yonex.com and all associated webpages, websites, and social media pages (together with any materials and online services available therein, and successor site(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Yonex through the Site, or otherwise made available to you by Yonex.

By using the Site, you affirm that you are of legal age to enter into this Agreement. if you are under 18 years of age (or the age of the legal majority where you live), you affirm that you have obtained parental or guardian consent to enter into this Agreement or are using our products and site under the supervision of a parent or legal guardian who agree to be bound by this agreement. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Products and Site. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Products or Services without your consent, please contact us at legal@mail.yonex.com.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS : (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

You may only use our Products and Services for personal, family or household purposes and expressly excluding any commercial use. You may not share our Products or Site.

1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes.

Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

2. Information Submitted Through the Site. Your submission of information through the Site is governed by Yonex’s Privacy Policy, located at https://us.yonex.com/policies/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

3. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States and is not intended to subject Yonex to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

4. Rules of Conduct. In connection with the Site, you must not:

· Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

· Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

· Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

· Harvest or collect information about users of the Site.

· Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.

· Restrict or inhibit any other person from using the Site.

· Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Yonex’s express prior written consent.

· Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

· Remove any copyright, trademark or other proprietary rights notice from the Site.

· Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Yonex’s express prior written consent.

· Systematically download and store Site content.

· Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Yonex’s express prior written consent. For clarity, you shall not use any Site content or information to develop, train, test or improve any software tool, service, machine learning algorithm or artificial intelligence system, or provide or reproduce Site content, in whole or in part, as a prompt or input to any such system without Yonex’s prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

· Distribute or make available any product or service that (a) was developed, either in whole or in part, through the use of any Site content or information that was scraped, accessed, acquired, copied, monitored, gathered or aggregated in violation of this Agreement or (b) constitutes or incorporates a software tool, service, machine learning algorithm or artificial intelligence system that was developed, trained, test, or improved through the use of Site content (or any information contained therein) in violation of this Agreement.

· You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

5. Products. The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Yonex and may be made available for any purpose, including general information purposes. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

6. Terms of Sale/Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). By purchasing a Product and engaging in a Transaction through the Services, you agree to the terms set forth in this Section 6 (the “Terms of Sale”).

By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.

(a) Eligibility. To complete your Transaction, you must have a valid billing and shipping address within a country that can be selected as part of the checkout process on the Site (the “Territory”). We make no promise that Products available on the Site are appropriate or available for use in locations outside the Territory.

(b) Restrictions. You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

(c) Price. Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Site are subject to change at any time without notice. We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Site.

(d) Payment. If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information, to us or our payment processors. by providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order for each transaction (including any applicable taxes and other charges, and any charges that you are responsible for under this agreement).

By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. We may receive updated information from your issuing bank or our payment processor about any payment method you have stored with us, and you agree that we may use that updated information to charge any amounts owed to us. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with a Transaction. In the event you would like to change or update payment information associated with your account on the Site, you can do so at any time by logging into your account and editing your payment information. If any of the items in your order are unavailable, we will charge only the prices, taxes and other applicable charges associated with the items that are available and included in the shipment.

In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

(e) Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order for a Transaction, including delivery address, payment method, and other details of your order. Although we may confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. We will display or send a notice when we ultimately accept and ship your order for a Transaction, and our acceptance will be complete at the time we display or send the formal acceptance notice at shipment. Payment must be received by us before our acceptance of an order.

(f) Shipping; Delivery. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. You will pay all shipping and handling charges specified during the ordering process. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.

(g) Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order for a Transaction prior to delivery. For example, if there are errors on the Site or made in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

(h) Refunds; Exchanges. Refunds will be subject to Yonex’s applicable Returns Policy below in Section 7. Refunds will be made to the same method of payment and account used to place the order. We do not currently provide for exchanges.

(i) Reservation of Rights. Yonex reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product.

7. Returns Policy.

(a) [Submitting a Return. Subject to this Section 7, You may return a Product for a full refund within thirty (30) days of purchase. Yonex will not accept Product returns that are initiated more than thirty (30) days after the purchase date. If you decide to return a Product that you purchased from our Site, you must submit a claim by logging into your account and submitting “Request Return” and providing the information requested or initiating a return through our Contact Us page (a “Return Claim”). In connection with your Return Claim, you may be asked to provide, amongst other information: (i) your name, address, email address and telephone number and (ii) a copy of your receipt, bill of sale or other comparable proof of purchase for the Product being returned. Verification of information may be required prior to the acknowledgment of any Return Claim. Following receipt of your Return Claim submitted with all required information in accordance with the procedure set forth in this section, Yonex will provide notice to you of Yonex’s decision as to whether to proceed with or deny your Return Claim. If Yonex elects to proceed with your Return Claim, Yonex will email you to notify you that the Return Claim was approved and email a shipping label to you, along with proper packaging instructions. To obtain a refund, you must, using the shipping label provided by or on behalf of Yonex, return the Product to Yonex within 30 days of Yonex emailing the shipping label to you. In order to receive a refund, the returned Product must not be subject to any of the exclusions set forth below.

(b) Exclusions. Yonex will not accept returns of Products purchased from other retailers. Those Products are subject to that retailer’s return policies and Yonex disclaims any liability with respect to the return of such Products. Additionally, Yonex will not accept a return of any Products if the Product: (i) is not purchased from Yonex, (ii) is returned by any person other than (1) the original purchaser of the Product or (2) a subsequent owner who can provide the original order number applicable to the initial purchase of the Product, (iii) is not in its original condition with all original packaging, tags, and plastic wrapping, or (iv) is returned from outside of the Territory where the Product was originally shipped to by Yonex.

(c) Refunds. Yonex does not take title to returned Products until the Product is received by Yonex, inspected, and accepted. Once Yonex has accepted the returned Product in accordance with this Returns Policy (as defined below) and the return has been received and processed by Yonex, Yonex will issue a refund to the original payment method used to purchase the Product for the full amount of the original purchase price (including any associated sales tax), minus, unless otherwise agreed by Yonex, the shipping and handling costs incurred by Yonex in connection with your Return Claim. For items given or received as a gift, Yonex is only able to issue a refund to the payment method used by the original purchaser. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded. If Yonex determines, in its sole discretion, to reject the Return Claim, it will send the Product back to you, provided that you pay for the shipping costs.

(d) This Section 7 (our “Returns Policy”) is in addition to any statutory rights you may have under law. We will accept any items returned in accordance with this Returns Policy; provided, that, we may deny any return if it fails to meet our return criteria described in this Returns Policy.]

8. Registration; Usernames and Passwords. You may need to register to use all or part of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not Yonex, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.

9. Submissions. Site visitors may make available certain materials (each, a “Submission”) through or in connection with the Site, such as through the Site’s interactive services, for example by leaving Product reviews. Yonex has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personal information or other information publicly available through the Site, you do so at your own risk.

10. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Yonex under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

11. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

12. Yonex’s Proprietary Rights. Yonex owns the Site, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include Yonex, Far Beyond Ordinary, ISOMETRIC, POWER CUSHION, and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

13. Third Party Materials; Links. Certain Site functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Yonex with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

14. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

15. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) Unless otherwise expressly stated in writing, the Site and any Products and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Unless otherwise expressly stated in writing, Yonex disclaims all warranties with respect to the Site and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Yonex and its affiliates and their respective [shareholders, directors, officers, employees, affiliates, agents, representatives, licensors,] suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at https://us.yonex.com/pages/contact with a description of such alteration and its location on the Site.

16. Limitation of Liability. To the fullest extent permitted under applicable law: (a) Yonex will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Yonex will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site; and (d) the maximum aggregate liability of Yonex for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, is limited to the greater of usd $50.00 or the total amount, if any, paid by you to Yonex to use the Site. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Yonex and the Affiliated Entities, and their respective successors and assigns.

17. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Yonex and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

18. Termination. This Agreement is effective until terminated. Yonex may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Yonex believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Yonex may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–5, 8–11, and 12–26 shall survive any expiration or termination of this Agreement.

19. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for claims that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief), all claims, disputes, or controversies arising out of or related to this Agreement or any aspect of the relationship between you and Yonex (collectively, “claims,” and each a “claim”), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Yonex and you are each waiving the right to trial by a jury. Except as provided below regarding the class action waiver, such claims include, without limitation, claims arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. However, as set forth below, the preceding arbitration requirement shall not apply to claims to the extent relating to the interpretation or application of the class action waiver below, including its enforceability, revocability or validity.

You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the American Arbitration Association’s Consumer Arbitration Rules, claims regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the claim is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Rules”), as amended by this Agreement, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf. This Agreement affects interstate commerce, and the enforceability of this Section 19 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Yonex to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

You or Yonex may initiate arbitration of any Claim by filing a demand for arbitration with AAA in accordance with the Rules. Instructions for filing a demand for with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Yonex by certified mail addressed to Yonex, Attn: Legal Department, 19601 Western Avenue, Torrance, CA 90501, U.S. or by email to legal@mail.yonex.com. Yonex will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Yonex. The arbitration will be conducted by a single arbitrator in the English language. You and Yonex both agree that the arbitrator will be bound by this Agreement.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, the hearing appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Yonex agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award will follow the terms of this Agreement and may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Each party will be responsible for arbitration fees in accordance with the applicable Rules and this Agreement.

If you or Yonex submits a Claim to arbitration, you and Yonex agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Yonex agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing legal@mail.yonex.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.

You may reject any change we make to Section 19 (except address changes) by sending us notice of your rejection within 30 days of the change via email at legal@mail.yonex.com. Changes to Section 19 may only be rejected as a whole, and you may not reject only certain changes to Section 19. If you reject changes made to Section 19, the most recent version of Section 19 that you have not rejected will continue to apply.

(a) Information Dispute Resolution Prior to Arbitration. If you have a Claim against Yonex or if Yonex has a Claim against you, you and Yonex will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and Yonex will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.

You will send any Claimant Notice to Yonex by certified mail addressed to 19601 Western Avenue, Torrance, CA 90501, U.S., United States or by email to legal@mail.yonex.com. Yonex will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Yonex. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Yonex cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Yonex file a Claim in court or proceed to arbitration without complying with the requirements in Section 19(a), including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

20. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Any dispute, claim, or controversy arising from or relating to this Agreement, the Products, or the Site that is not subject to arbitration pursuant to Section 19 and that cannot be heard in small claims court will be resolved exclusively in the federal and state courts located in Los Angeles County, CA, U.S.A. You waive any jurisdictional, venue or inconvenient forum objections to such courts.

21. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available at https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Yonex does not endorse any of the products or services listed on such site.

22. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to legal@mail.yonex.com. You may also contact us by writing to 19601 Western Avenue, Torrance, CA 90501. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 210-6276 or (800) 952-5210.

23. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Yonex a written notice by mail or e-mail, requesting that Yonex remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Yonex a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices must be sent in writing to Yonex’s DMCA Agent as follows: By mail to: Attention: DMCA Agent, Yonex USA, 19601 Western Avenue, Torrance, CA 90501, or by e-mail to copryright@mail.yonex.com.

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

24. Modifying and Terminating Our Site and Products. We reserve the right to modify our Site and Products or to suspend or terminate providing all or part of our Products or Site at any time; charge, modify, or waive any fees required to use the Products or Site, or offer opportunities to some or all end users of the Products or Site. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Products or Site, such as by sending an email or providing a notice through our Products or Site. All modifications and additions to the Products and Site will be governed by the Agreement or any supplemental terms, unless otherwise expressly stated by Yonex in writing. You also have the right to stop using our Products and Site at any time, and you may terminate this Agreement by ceasing use of our Products and Site. We are not responsible for any loss or harm related to your inability to access or use our Site.

25. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Yonex. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Yonex relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Yonex relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Yonex will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

26. New Jersey Consumers. If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Yonex and the Indemnified Parties (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).