Terms of Sale
ASICS Terms of Sale
Terms of Sale (U.S.)
Effective Date: latest version posted, February 14, 2024.
THESE TERMS OF SALE GOVERN YOUR PURCHASES OF ASICS PRODUCTS, FROM ASICS STORES (DEFINED BELOW IN SECTION 2) IN THE TERRITORY (DEFINED IN SECTION 8.1 BELOW). IF YOU ARE PURCHASING ASICS PRODUCTS OUTSIDE OF THE TERRITORY, YOUR PURCHASES MAY BE GOVERNED BY DIFFERENT TERMS.
PLEASE REVIEW THESE TERMS OF SALE CAREFULLY PRIOR TO ORDERING ASICS PRODUCTS ONLINE OR PURCHASING FROM AN ASICS STORE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS WITH REGARD TO ASICS AND HOW SUCH CLAIMS MAY RESOLVED. BY AGREEING TO THESE TERMS OF SALE AND USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SALE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES AND RAMIFICATIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THESE GENERAL CONDITIONS, OR IF YOU DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS OF SALE (I.E., IF YOU ARE NOT OF SUFFICIENT AGE AND MENTAL CAPACITY AND ARE OTHERWISE ENTITLED TO BE LEGALLY BOUND IN CONTRACT) YOU MAY NOT PURCHASE PRODUCTS.
NOTE: THESE TERMS OF SALE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF SALE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ASICS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Contents & Summary
| 1. | ASICS name and contact information |
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| 2. | These Terms of Sale apply to ASICS retail and online stores. |
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| 3. | Orders are accepted by ASICS shipping the product to you. |
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| 4. | You will purchase ASICS product for your own personal use and will not resell any ASICS product. |
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| 5. | The price in effect will be the price provided, and ASICS has the right to correct any pricing error. |
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| 6. | Product Specifications; Pricing; Typographical Errors; Discounts |
ASICS strives to accurately describe products or services and may offer product discounts. |
| 7. | Orders will be delivered to the delivery address that you provide to ASICS. |
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| 8. | Products will only be delivered by ASICS to customers in the Territory. |
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| 9. | ASICS accepts various forms or payment. In Digital Stores, acceptable payment methods include debit or credit card, ASICS gift cards, and any other payment options. In Retail Stores, acceptable payment methods are described at the register and may include cash, ASICS gift cards, debit or credit cards, and/or other mobile payment providers. |
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| 10. | ASICS may accept returns in accordance with its return policy. Digital Store Orders may be cancelled within fifteen (15) minutes from the time the Order was placed, via the link provided in your Order Confirmation. |
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| 11. | ASICS may accept warranty claims in accordance with its limited warranty. |
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| 12. | Disclaimer of Warranties and Damages – Service; Medical Acknowledgement and Waiver |
We disclaim warranties and provide the ASICS Stores "As Is" and disclaims all warranties related to product. I am responsible for my physical activity and will not hold ASICS responsible for any injury or loss related thereto. |
| 13. | ASICS provides its Privacy Policy |
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| 14. | Unless the user opts out, any disputes under these Terms will be resolved through informal dispute resolution or binding arbitration, with no resort to class action. |
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| 15. | You will indemnify and hold the Company harmless for damages we may suffer as a result of your violation of these Terms of Sale. |
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| 16. | Our liability is limited. |
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| 17. | ASICS may give you notices or otherwise respond to you by mail or to your email or in any other manner reasonably elected by us. |
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| 18. | How to contact us or the California Department of Consumer Affairs. |
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| 19. | If any portion of these Terms of Sale is deemed unenforceable, the remaining provisions will survive. California law will apply to these Terms of Sale. |
1. Identity of ASICS
In these terms of sale (“Terms of Sale”), the use of "ASICS" (or "we", “us”, or “our”, as the case may be) refers to ASICS America Corporation, incorporated and registered in California. The registered office of ASICS is located at 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618, email address: CustomerCare-US@ASICS.com
2. Applicability
2.1. These Terms of Sale apply to your purchases (“Orders”) made at any ASICS-owned retail store (each a “Retail Store”) in the Territory (as defined in Section 8.1) as well as purchases made on any ASICS-owned and operated ecommerce website (“Digital Store”, both Retail Stores and Digital Stores together herein, “ASICS Stores”), such as ASICS.com, in the Territory. Purchases and orders through any ASICS-owned and operated storefront on a third-party marketplace, such as Amazon.com , shall be governed by these Terms of Sale, unless the platform terms explicitly state otherwise. The use of our e-commerce websites is also subject to additional terms and conditions, which are available here (“Terms and Conditions”) and are incorporated herein by reference. In the event of a conflict between these Terms of Sale and the Terms and Conditions, the Terms of Sale will govern the Order. By placing an Order with ASICS, you are agreeing and accepting these Terms of Sale, the Terms and Conditions, and consent to our practices as set forth in our Privacy Policy available here
2.2. Please note, we may change these Terms of Sale at any time, and it is up to you to review and agree to these Terms of Sale and related terms and policies each time before ordering products in case there are any changes.
2.3. If you do not agree to these Terms of Sale, you must: (a) discontinue making purchases in ASICS Stores; and (b) not place an Order or make a purchase.
2.4. Additional terms (“Additional Terms”) may apply to particular products or delivery or return options, which will be presented as part of the Order process or provided or made available, to you, including by posting on the ASICS.com website. In the event of a conflict between these Terms of Sale and applicable Additional Terms, the Additional Terms shall govern.
3. Placing an Order on a Digital Store
3.1. Placing an Order. An Order is placed by clicking on the "Add to Cart" button, proceeding to the checkout page and providing all required information (a) correct name and address, phone number, email address, payment details, valid delivery address in the Territory, and other required information). You should carefully review the Order summary to ensure all information provided is correct and correct any errors prior to submitting the Order. ASICS will confirm receipt of your Order by sending an email to the you via the email address that you provided, which acknowledges receipt of the Order(s) and sets out details of the ordered product(s). The email will be sent by ASICS as soon as reasonably practical. This email does not constitute an acceptance of your Order(s) – only a confirmation that ASICS has received it.
3.2. Confirmation and Acceptance. A placed and confirmed Order does not bind ASICS but constitutes an offer of the customer to purchase the relevant product(s) in consideration for payment of the applicable prices. All Orders must then be formally accepted by ASICS and ASICS’ acceptance of your Order takes place when the products are shipped to you. ASICS reserves the right, in its sole and exclusive discretion, to refuse or cancel any Order(s), for any reason, as permitted by applicable law, including such Order(s) that ASICS suspects were not placed in good faith or were not placed by individuals. If a suspicion arises that your identity, address, email address and/or payment information has been used fraudulently or in an unauthorized manner, you may be required to provide additional verifications and information before, and as a condition to, the acceptance of any Order.
3.3. Copies. You are encouraged to download, save and/or print a copy of your Order confirmation and these Terms of Sale, the Terms and Conditions, and the Privacy Policy for your records. Any confirmation email you receive from ASICS will serve as a receipt and transaction record. If the versions of these documents that applied at the time of your transaction are no longer available online, you may request that ASICS send you a copy of the Terms of Sale, Terms and Conditions, and/or Privacy Policy that was applicable to your transaction by contacting us here and requesting a copy of such documents as of the date you specify.
3.4. Order Fulfillment. If ASICS is unable to fulfill all or any part of your Order from a Digital Store, we will notify you by email and will either cancel the full Order or cancel only that portion of the Order that will not be fulfilled. You acknowledge and agree that ASICS’ ability to sell and fulfill Orders is subject to: (a) item availability; and (b) ASICS’ sole discretion in managing inventory. ASICS is not obligated to accept any Order and expressly reserves the right to limit, decline or reject any sale or order for any or no reason, without explanation and without being liable to you for any damages or costs other than repayment of any amount or amounts that ASICS had previously received from you with regards to such sale or order.
3.5. Backorders and Pre-orders. You will be requested to provide billing and payment information and method in connection with your pre-order or backorder. You agree and consent that ASICS will maintain such information and may charge you at the method provided by you for the pre-ordered or backordered product once that product is ready for shipment to the address you indicated. If you purchase using PayPal, you will be charged at the time of purchase. You will be sent a confirmation to the email address you provided when your preordered or backordered product has shipped. You may cancel your pre-order or backorder at any time prior to it being ready to ship by: (i) cancelling the line item within your Order history; or (ii) contacting ASICS customer service at customercare-us@asics.com or (855) 233-3120. ASICS reserves the right to cancel your pre-order at any time and Additional Terms may apply. Please view our full policy with regards to pre-orders and backorders here, which are incorporated herein by this reference.
3.6. Technical Requirements. It is your responsibility to ensure that your equipment (computer, laptop, netbook, tablet or other mobile device) is compatible with the Digital Store and meets all the necessary technical specifications to enable you to access and use the Digital Store. In order to complete your Digital Store purchase, ASICS requires that you provide your full name, e-mail address, valid delivery address, and payment method with each Order. You may need to adjust your device and browser settings to accept certain cookies and/or pop-ups in order to be able to utilize all functionalities of the Digital Store, which includes adding items to your shopping cart and submitting your Order.
4. No Purchases for Resale
The products sold in ASICS Stores, are provided solely for the personal use and benefit of end user consumers and any purchase of product for resale is strictly prohibited. By placing your Order or making a purchase in an ASICS Store, you agree that you are purchasing products for personal use only and not for resale. Accordingly, if ASICS determines or has reason to believe, in its sole discretion, that you have made a purchase or Order with the intent of reselling the same, in whole or in part, to others (such as to other consumers, businesses, or any other third party), ASICS reserves the right, in its sole discretion, and as it relates to such purchase or Order to: (1) suspend the application of any ASICS policy that provides a right or benefit intended for direct-to-consumer purchases, as such may relate or pertain to you; and (2) take any action necessary to hinder such purchase or Order (and deter future purchases or Orders), including without limitation, to restrict sales to you or any consumer account or member account, email or Order, associated with you, cancel Orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any ASICS Store and/or suspend or close any account, as such may relate or pertain to you.
5. Prices
5.1. The price that is payable for a product will be the price in effect at the time of the Retail Store purchase or the Order is placed (as applicable) and will be set out in, if applicable, the Order confirmation email. Subject to applicable law and as further described in Section 6 below, we have the right to correct or reject offers to purchase if we discover a pricing error. Unless otherwise specified, the product prices displayed on products, packaging, signage, or otherwise posted within ASICS Stores are shown in U.S. dollars do not include any taxes, shipping and/or handling charges that you may incur at the time of purchase.
5.2. Applicable sales tax will be added to the base price of the product.
5.3. All prices listed on the screen of the Digital Store are excluding the costs for delivery, which will be listed separately during the finalization of the Order procedure.
5.4 Prices displayed in the Digital Store may only be valid for purchases made online and may differ from Retail Store pricing.
5.5. All prices are subject to change without notice.
6. Product Specifications; Pricing; Typographical Errors; Discounts
6.1. We strive to accurately describe our products or services offered in the ASICS Stores; however, we do not warrant that such specifications, pricing, or other content in the ASICS Stores is complete, accurate, reliable, consistent, current, or error-free. In the event of a good faith error, whether in ASICS Stores, in an Order confirmation, in processing an Order, when delivering a product or service or otherwise, ASICS reserves the right to contact you to correct such error and provide you with the option of revising your Order accordingly (including adjusting and charging the correct price or adjusting a shipping timeline) or cancelling the Order and receiving a refund of any amount charged, as permitted by applicable law. Your Orders are offers to purchase subject to our acceptance, which we may reject or cancel, subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from ASICS is not as described, as permitted by applicable law, your sole remedy is to return it or cancel the purchase and receive a credit for the purchase price, in accordance with ASICS policy.
6.2. Discounts. ASICS may from time to time offer discounts, discount programs, or loyalty programs, any of which may also be changed or revoked at any time. Discount programs are intended for personal use only and you may not share discounts with third parties or make purchases for anyone other than immediate family members, unless the terms of the discount program state otherwise. Discount programs may not be applicable to specific products or to sale items and cannot be combined with any other offers. Discount and loyalty programs offered by ASICS may have Additional Terms and conditions that apply, including but not limited to OneASICS (OneASICS Terms and Conditions), ASICS Military discount (ASICS Discount Programs | ASICS), ASICS Medical Professionals discount (ASICS Discount Programs | ASICS), ASICS First Responders discount (ASICS Discount Programs | ASICS), ASICS Teachers discount (ASICS Discount Programs | ASICS), ASICS Student discount (ASICS Discount Programs | ASICS), and other promotional (Promotional Terms | ASICS) terms and conditions, all of which are incorporated hereunder by this reference (if applicable). Unless otherwise provided for in a separate discount or loyalty program agreement: (a) ASICS may restrict the types of acceptable payment used in connection with an applicable discount, for example, a debit or credit card may be required; and (b) you may not resell any product purchased with your applied discount. You acknowledge and agree that ASICS has the absolute right to deny use of an applicable discount or refuse Orders to any person suspected of reselling or Orders which have characteristics of reselling.
7. Delivery
7.1. Shipping information is available here, which is incorporated herein by this reference. Additional Terms may apply. ASICS will only deliver products to end user customers located in the Territory. At checkout, you will be provided an estimated delivery date for your Order which is calculated based upon processing time, the shipping address provided, and the shipping method selected on the Order. You acknowledge that any delivery dates that ASICS provides are non-binding estimates only and you have no claim against the Company for delays or early deliveries. Please note that ASICS only ships Monday through Friday, excluding U.S. federal holidays. ASICS may provide discounted or no cost standard shipping on Orders that exceed certain dollar amount Order thresholds, as such may be determined in ASICS’ sole discretion and from time to time.
7.2. Your Order will be delivered to the delivery address that you provided to ASICS at the time you placed your Order. ASICS cannot accommodate multiple delivery addresses on a single Order therefore all products within the same Order must ship to the same delivery address. It is ASICS’ preference to deliver all items from a single Order within a single shipment however due to numerous factors, this may not always be possible and accordingly, products in a single Order may be delivered in split shipments. ASICS reserves the right, at its sole discretion, to split the delivery of any Order into two (2) or more shipments. If your Order will have multiple shipments, ASICS will notify you via email sent to that email address provided at the time the Order was placed, and you will not incur any additional delivery costs. Upon delivery, it is your duty to inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment, and contact ASICS customer support for assistance.
7.3. In case ASICS discovers that ASICS can no longer deliver the Ordered products, ASICS will be entitled to terminate the Order. ASICS will, of course, inform the customer immediately and reimburse any payments made.
7.4. With the exception of products purchased from or picked up at a Retail Store, title and risk of loss for fully paid for products purchased from ASICS passes to you upon our delivery of the product(s) to a common carrier (e.g., UPS, FedEx, USPS). As a result, ASICS shall have no responsibility for the product once it is delivered to the carrier and you are responsible for filing any claims with carriers for damaged and/or lost shipments. Title and risk of loss for products purchased and paid for online and picked up at a Retail Store or directly purchased at a Retail Store will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received by ASICS.
7.5 You can track your Order here. Please see additional information regarding Order pick up here which is incorporated herein by this reference.
8. Territory
Products will only be delivered by ASICS to customers in the United States (“U.S.”) and in U.S. territories (including Puerto Rico, Guam, Northern Mariana Islands, U.S. Virgin Island and American Samoa), protectorates, and military bases ("Territory"). No Orders will be accepted from outside of the Territory or for freight forwarders or similar services that may deliver Product outside the Territory.
9. Payment
9.1. We accept several payment methods at ASICS Stores. In our Digital Stores, acceptable payment methods include debit or credit card, ASICS gift cards, and any other payment options that may be available from time to time. In our Retail Stores, acceptable payment methods are described at the register and may include cash, ASICS gift cards, debit or credit cards, and/or any mobile payment providers that are accepted at the applicable Retail Store, and which may vary from store to store and from time to time. Redemption and use of ASICS gift cards to purchase products is subject to the ASICS Gift Card Terms and Conditions which can be viewed here , which are incorporated herein by this reference. If you attempt to pay using a payment method not specifically authorized at ASICS Stores, ASICS may reject such payment. However, if ASICS accepts such unauthorized payment method, ASICS will not be liable for any loss of the payment or any other damages that may result from such action.
9.2. Payment Processing. With the exception of pre-order and backorder products, if you pay by credit or debit card, we will pre-authorize and hold the amount due when you place an Order. Once your Order ships, we will deduct the pre-authorized amount from your account. By making a purchase in a Retail Store or submitting an Order through the Digital Store, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your Order (including any taxes, shipping, handling, and other amounts required). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you selected cannot be verified, is invalid, or otherwise cannot be accepted or confirmed, we may suspend or cancel your Order. You are responsible for resolving any problem we encounter in order to proceed with your Order. You acknowledge and agree that ASICS may, if necessary, provide information about you and/or your payment method to governmental authorities, our third party fraud prevention vendors, or other appropriate bodies for the purpose of the prevention of fraud or the notification of fraudulent or other illegal activities.
10. Return Policy; Cancellations
10.1. Information regarding our return policy is available here, which is incorporated herein by this reference. Additional Terms may apply.
10.2. You may cancel your Digital Store Order, free of charge and without providing a reason, within fifteen (15) minutes from the time the Order was placed, via the link provided in your Order Confirmation. If you do not cancel an Order within fifteen (15) minutes from when it was initially placed, the Order cannot be cancelled, and it will be processed accordingly. Orders that are “Pending” or “On Hold” cannot be cancelled.
11. Limited Warranty-Defective Product Claims
11.1. At ASICS, we stand behind our products and are happy to assist you if you have any issues with the quality or performance of our gear.
11.2. ASICS warrants to the original consumer purchaser in the Territory that ASICS’: (i) footwear products will be free from manufacturing defects for one (1) year from the date of original purchase; and (ii) apparel and accessory products will be free from manufacturing defects for six (6) months from the date of original purchase unless a different warranty period is specified for the product.
11.3. This limited warranty applies only to ASICS products that were purchased by the consumer directly from an ASICS Store or an ASICS-authorized retailer that is subject to ASICS’ quality control requirements, unless otherwise prohibited by law. This limited warranty does not extend to any subsequent owner or consumer or any other transferee of the product. ASICS reserves the right to reject any warranty claim from a consumer related to products purchased from unauthorized sellers, including unauthorized internet sites. This warranty does not cover any defects due to improper fit, normal wear and tear, damage due to improper use, misuse, improper transportation or storage, failure to follow product instructions, modification or alteration to the product, unauthorized repair, or negligence. ASICS may change the availability or terms of this warranty at its discretion, but any such changes will not be retroactive. ASICS limited warranty is available here.
Purchasers of products who wish to submit a warranty claim based upon a product manufacturing defect must submit a claim to ASICS via the form available here. ASICS may follow up with the consumer for additional information. If ASICS determines that a product is defective and covered by this limited warranty, ASICS will, in its sole discretion, repair, or replace the defective product at ASICS’ cost, or provide a credit of the original purchase price for consumer to purchase a different ASICS product. The warranty period is not extended if ASICS repairs or replaces the product.
Unless otherwise required by applicable law: (i) there are no warranties which extend beyond those provided herein; and (ii) such warranties do not extend to any product purchased through the ASICS Road Tested program. Any implied warranties that may be applicable to the products, including implied warranties of merchantability or fitness for a particular purpose, are limited in duration to the duration of the applicable warranty periods above. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Under no circumstances shall ASICS be liable in excess of the actual amount paid for the product and/or for any special, incidental, or consequential damages based upon breach of this limited warranty, breach of contract or strict liability. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
12. Disclaimer of Warranties and Damages – Service; Medical Acknowledgement and Waiver
ASICS PROVIDES ACCESS TO ASICS STORES “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH HEREIN (1) ASICS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. ASICS FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) ASICS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT ASICS STORES IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY ASICS AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.
YOU ACKNOWLEDGE THAT YOU PARTICIPATE IN ALL PHYSICAL ACTIVITY AT YOUR OWN RISK AND YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE OR INJURY THAT MAY ARISE OUT OF OR RESULT FROM YOUR PARTICIPATION IN SAID PHYSICAL ACTIVITY. YOU ACKNOWLEDGE THAT PHYSICAL ACTIVITY IS A POTENTIALLY HAZARDOUS ACTIVITY AND INVOLVES THE RISK OF INJURY AND LOSS. YOU AGREE THAT YOU WILL CONSULT WITH A PHYSICIAN PRIOR TO ENGAGING IN SUCH PHYSICAL ACTIVITY. YOU AGREE THAT YOU WILL COMPLY WITH ALL FEDERAL, STATE, AND LOCAL LAWS, ORDERS, DIRECTIVES, AND GUIDELINES RELATED TO SUCH PHYSICAL ACTIVITY. YOU AGREE THAT YOU WILLINGLY ASSUME ALL RISKS ASSOCIATED WITH SUCH PARTICIPATION, ALL SUCH RISKS BEING KNOWN AND APPRECIATED BY YOU. IF AT ANY TIME YOU ARE TOLD OR BELIEVE CONDITIONS TO BE UNSAFE OR THAT YOU ARE NO LONGER IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN THE PHYSICAL ACTIVITY, YOU WILL IMMEDIATELY DISCONTINUE FURTHER PARTICIPATION IN THE PHYSICAL ACTIVITY.
NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN PHYSICAL ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE PHYSICAL ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF ASICS OR OTHERWISE.
13. Personal Data
Your privacy is important to us. To provide you with transparency regarding our data practices, we provide you with a notice explaining our online information practices and the choices you have regarding your personal information that we collect, use and otherwise process.
Click here to review the ASICS privacy notice, Click Here to review ASICS’ California Privacy Notice, Click Here to review the US Local Deviations, and Click Here for the Cookie Policy, all of which form part of these Terms of Sale. Please review all Retail Store privacy notices, including as may be available at the point of sale.
14. Disputes; Binding Arbitration; No Class Relief
To the fullest extent permissible by law, with the exception of disputes pertaining to the Company’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Company including, without limitation, arising under these Terms of Sale; your visit to the Company’s websites, mobile applications, or retail stores; or to any purchase, transaction, or other interaction with the Company (including, without limitation, claims relating to the Company’s advertisements, pricing, and disclosures; email, SMS or other messages sent by the Company; or the Company’s collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures, except that you may assert claims in small claims court or seek action through government agencies.
Opt-out: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Terms of Sale by sending a written letter to the Company at 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618; Attn: Legal Department (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms of Sale. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms of Sale shall continue to apply.
Pre-Arbitration Dispute Resolution: Whenever a Dispute arises between you and the Company, you and the Company agree to first send a written notice to the other (a “Demand”). You must send the Demand to the Company via certified mail to the Notice Address. The Company must send the Demand to you via certified mail to the most recent address the Company has on file for you (or by email if the Company only has an email address for you on file). A Demand (1) shall seek to resolve the Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for the Company by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and the Company will personally attend (with counsel, if represented). You and the Company agree that you and the Company will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or the Company’s satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or the Company intend on taking legal action, you and the Company agree that you or the Company shall file a demand for arbitration with National Arbitration & Mediation (“NAM”) (https://www.namadr.com/ ). The arbitration will be conducted by a single arbitrator with NAM under its Comprehensive Dispute Resolution Procedures and Rules then in effect subject to the Mass Arbitration provisions below. You or the Company may choose to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required.
Payment of all fees will be governed by the NAM rules. Either you or the Company may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION unless the Mass Arbitration provisions set forth below are triggered. NEITHER YOU NOR THE COMPANY MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.
Mass Arbitration: If, at any time, 25 or more claimants submit demands or seek to file demands for arbitration raising similar Disputes against the Company, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules” then in effect, available at https://www.namadr.com/resources/rules-fees-forms/ ) such as where representation of the claimants is the same, consistent or coordinated across the cases, the NAM Mass Filing Rules in effect at the time such demand is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.
Stage One: Counsel for the claimants and counsel for the Company shall each select 5 claims per side and the NAM Procedural Arbitrator will randomly select 15 claims (25 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Company will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.
Stage Two: If the remaining claims are not resolved after the global mediation in Stage One, then counsel for the claimants and counsel for the Company shall each select 10 claims per side and the NAM Procedural Arbitrator will randomly select 30 claims (50 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they proceed in arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Company will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.
If your Claim is not resolved as part of the staged process identified above, either:
Option One: You and the Company may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms of Sale on an individual basis (not a class or consolidated basis). You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 2 including its mediation. Company may opt your claim out of arbitration by sending a notice signed by an authorized Company representative of the Company’s intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree in writing to adjust these deadlines.
OR
Option Two: If neither you nor Company elect to have your claim heard in court consistent with Option One, then you agree that your claim will be batched by the NAM Procedural Arbitrator into groups of 500 claimants, to be filed and to proceed in separate consolidated arbitrations, subject to any procedural changes the parties agreed to in writing. Each of these consolidated arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Either party may appeal a decision/award rendered in a consolidated arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin any lawsuit and the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. You and the Company agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and the Company acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and the Company further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or the Company. If the Mass Filing provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Filing provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).
In the event of an exercise of an opt out of, or any exception to, the binding arbitration as provided above, all such Disputes or litigation shall be exclusively brought in the applicable state or federal courts of Orange County, California. You agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens (i.e., inconvenient forum) with respect to venue and jurisdiction in the state and federal courts of Orange County, California. You consent to exclusive jurisdiction and venue in these courts.
You agree that any and all claims be brought by you within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
This Section of these Terms of Sale will survive the termination of the relationship with you and the Company.
15. Indemnification & Release
To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless ASICS, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “ASICS Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating to your conduct in connection with any ASICS Stores or with any ASICS Store’s users or consumers, or any violation of these Terms of Sale, any law, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the ASICS Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any ASICS Stores or with any ASICS Stores users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
16. Limitation of Liability
THESE TERMS OF SALE SET OUT THE FULL EXTENT OF OUR AGREEMENT AND UNDERSTANDING IN RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF ASICS STORES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER ON ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF SALE, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID OR PAYABLE TO ASICS FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE ASICS PARTIES WILL BE LIABLE FOR ANY LOST PROFITS OR LOST DATA OR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, AN ASICS STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT AN ASICS STORE; OR FOR THE CONDUCT OF ASICS STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF AN ASICS STORE, EVEN IF ASICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO ASICS STORES. YOUR ONLY REMEDY AGAINST ASICS IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE ASICS STORES OR ANY CONTENT IS TO STOP USING OR ACCESSING ASICS STORES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT ASICS’ LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
17. Notices, Questions And Customer Service
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. If we elect to send electronic communications, you agree that any notice, agreement disclosure, or communication that we send electronically will satisfy legal communication requirements including that such be in writing. All legal notices to us must be sent to: 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618, Attn: Legal Department. If you have a question, you may contact ASICS Customer Care by sending an email here or calling us at (855) 233-3120. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms of Sale or any applicable Additional Terms.
18. California Notices
18.1. California residents can obtain information on our privacy practices here and here.
18.2. In accordance with California Business and Professions Code Section 17538 et al., ASICS’ return policy is available here. The legal name under which ASICS conducts business is ASICS America Corporation, and ASICS’ business address is 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618. Upon ASICS’ receipt of your request, California residents may receive verification of this information by email by contacting us at CustomerCare-US@ASICS.com.
18.3. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site is provided by ASICS America Corporation, 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618. If you have a question or complaint regarding the Site, please contact Customer Service at CustomerCare-US@ASICS.com. You may also contact us by writing ASICS America Corporation, 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
18.4. In accordance with California Civil Code 1714.43, ASICS’ supply chain notice is available here.
19. Integration; Right to Assign; No Waiver; Severability; Applicable Law
You and ASICS agree that these Terms of Sale are the complete and exclusive
statement of the mutual understanding between you and ASICS regarding the
subject matter herein, and that they supersede and cancel all previous written
and oral agreements, communications, and other understandings relating to the
subject matter of these Terms of Sale. ASICS may assign its rights and duties
under these Terms of Sale to any party at any time without notice to you,
unless notice is required by applicable law, but this will not affect your
rights or our obligations under these Terms of Sale. You may only transfer
your rights or your obligations under these Terms of Sale to another person
with our prior written consent. ASICS’ failure to insist upon or enforce
strict performance of these Terms of Sale is not a waiver of any of these
Terms of Sale or ASICS’ rights. If we do elect to waive a default by you, we
will only do so in writing, and doing so shall not mean that we intend to or
will automatically waive any later default(s) by you. These Terms of Sale
shall be governed by and construed in accordance with the Federal Arbitration
Act, the laws of the State of California, United States of America, and
applicable U.S. federal law, without regard to the choice or conflicts of law
provisions. The United Nations on Contracts for the International Sale of
Goods and any laws based on the Uniform Computer Information Transactions Act
(UCITA) shall not apply to these Terms of Sale. The proprietary rights,
disclaimer of warranties, representations made by you, indemnities,
limitations of liability and general provisions shall survive any termination
of these Terms of Sale. If any court or relevant authority shall deem any
provision of these Terms of Sale to be invalid, unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
Terms of Sale and shall not affect the validity and enforceability of any
remaining provisions and the remainder of these Terms of Sale shall continue
to be fully enforceable.