Terms & Conditions of Use
Effective Date: latest version posted, November 17, 2025.
This website located at https://www.onitsukatiger.com/jp/en-gl/(the "Site"), is published and maintained by ASICS Japan Corporation, a Japanese corporation (and Kabushiki Kaisha under Japanese law) (the "Company" or “we” or “us”). The Company makes available shopping services (“Services”) through the Site. These Terms and Conditions (“Terms and Conditions”) are a binding legal agreement entered into by and between you (“you”) and the Company, which governs your use of the Site and Services. By making a purchase on the Site, you also expressly agree to the Terms of Sale at https://www.global-e.com/tos.
We maintain and publish other policies and terms and conditions that supplement and form a part of these Terms and Conditions, including our Privacy Policy, which are all hereby incorporated by reference into these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. By accessing, browsing, creating an account, or otherwise using the Site and Services, you acknowledge that you have read and understood, and you agree to be bound and abide by these Terms and Conditions. If at any time you do not accept all of these Terms and Conditions, you must immediately cease access and/or use of the Site and the Services.
YOU SHOULD NOTE THAT THE TERMS AND CONDITIONS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION AND TRIAL BY JURY WAIVERS AS WELL AS LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES.
If you are a resident in the United States, please refer to Annex I below for additional specific terms that may apply to your use.
1. Ownership
The Services and the entirety of the Site’s contents, design, features and functionality, including all audio, images, logos, service marks, and trademarks, data, software, text, artwork, video clips and other materials (collectively the "Content") are owned or licensed by the Company, and protected by Japanese, U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. By making them available on the Site, Company is not granting you any license to utilize any Content. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
2. Your Right To Use The Site and its Contents
The Services and the Site are only for your personal, non-commercial use. You may not distribute, exchange, modify, sell, or transmit any Content from the Site for any business, commercial, or public purpose. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or any Content. In addition, you are prohibited from removing any sponsorship banners, advertisements, or other material presented, included, or inserted by the Company anywhere on the Site (including, on any web space made available for your use).
If the Site permits you to submit, publish or otherwise make any content or materials available on the Site, you shall not act in any way, which in our sole opinion and discretion is or likely to:
a. Be libelous, defamatory, profane, invade a person’s privacy, obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
b. Disparage, criticize, belittle, parody, or otherwise portray any individual in a negative light;
c. Exploit or harm minors by exposing them to inappropriate content;
d. Infringe any intellectual property or other right of any entity or person, including violating anyone's copyrights, trademarks or their rights of publicity;
e. Violate any law;
f. Transmit confidential, sensitive or other proprietary information;
g. Advocate or promote illegal activity;
h. Impersonate or misrepresent your connection to any entity or person or otherwise manipulate headers or other identifiers to disguise the origin of any content;
i. Advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) unless specifically authorized on the Site;
j. Solicit funds, advertisers or sponsors;
k. Submit programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications network;
l. Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
m. Copy any other pages or images on the Site;
n. Include MP3 format files;
o. Amount to or involve a 'pyramid' or similar scheme;
p. Amount to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
q. Violate any policy or regulation established from time to time regarding use of the Site or any networks connected to the Site; or
r. Contain links to other sites that contain the kind of content described in paragraphs (a) to (q) above.
As long as you comply with the entirety of these Terms and Conditions, the Company grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site and Services. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You represent and warrant that you will not use the Site for any purpose that is unlawful, and you will only use the Site and Services as specifically permitted by these Terms and Conditions.
3. Legal Capacity
The Site and the Services are intended for use by individuals 18 years of age or older. If you are under 18, you may use the Site and Services only with authorization and involvement of a parent or guardian who agrees to be bound by these Terms and Conditions. By accessing and/or using the Site and Services, you represent and warrant that you are over eighteen (18) years of age (or that you are under eighteen (18) years of age and your use of the Site and Services has been approved by your parent or legal guardian). You hereby represent and warrant that you have the full power and authority to enter into and comply with these Terms and Conditions. If you are using the Site and Services on behalf of any other individual, you represent and warrant that you are authorized to accept these Terms and Conditions on such individual’s behalf.
4. Feedback
The Company welcomes your feedback, and you are free to submit your comments, opinions, website links, photos, graphics, audio and videos (the "Feedback") regarding our products, the Site and Services through the customer service form. However, we request that you do not submit any Feedback that based on material owned by a third party, and you be specific in your comments, and that you do not submit any ideas, suggestions or materials (collectively, with Feedback, "Submissions") related to the business of the Company. If you do submit any Submissions in any form or format, you understand, acknowledge, and agree that Company has not solicited any Submission (and all Submissions are subject to the following terms: (a) on submission to Company, the entirety of your Submission will automatically become the property of the Company, and the Company has no obligation whatsoever to compensate you; (b) the Company has no obligation to acknowledge, review or use your Submission; (c) the Company may implement and distribute your Submission, in whole or in part, for any purpose, in any way, and without any compensation to you; (d) the Company is not obligated to treat any Submission as confidential; and (e) the Company shall not be liable for any use or disclosure of any Submissions.
With respect to all Feedback, you represent and warrant that (i) your Feedback does and will comply with these Terms and Conditions, (ii) the Feedback does not infringe, misappropriate or otherwise violate any third party rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, and (iii) you have the right to grant, and do hereby grant, to the Company a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such Feedback and to incorporate the Feedback into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For avoidance of doubt, the Company will be entitled to use the Feedback for any purpose whatsoever without compensation to you or any other person. In addition, you are fully responsible for any Feedback you submit, and you, not the Company, have full responsibility for such Feedback, including its legality, reliability, accuracy and appropriateness. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that any Feedback you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. The Company is not responsible, or liable to any third party, for the content or accuracy of any Feedback posted by you or any other user of the Site.
5. INTELLECTUAL PROPERTY
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’s copyright agent ("Copyright Agent"), by sending a notification to:
ahq-ipr@asics.com
To be effective, a notice of copyright infringement must be made in writing and include the following information:
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.
6. The Information You Give Us Must Be Correct
To access the Site or some of the Services and resources it has to offer, you may be asked to provide registration details and create an account in order to fully access and/or use the Site and Services. It is a condition of use of the Site that all the details you provide be correct, current, and complete. You agree that you will provide and maintain accurate registration information and that it is your sole responsibility to do so. If we believe the details are not correct, current, or complete, we have the right to refuse to grant you access to the Site, in whole or in part, and to terminate or suspend your account.
7. Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at the Site. When you register an account with us, you may be required to provide some of your personal information. By registering and providing us with your personal information, you also accept our Privacy Policy , which is hereby incorporated into and forms part of these Terms and Conditions.
8. Security Of Electronic Transmissions
Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others. You may contact the Company through the contact page on the express understanding that Company is under no obligation or responsibility to acknowledge or respond to your correspondence.
9. Security
Any usernames and passwords used for the Site are for individual use only. You shall be solely responsible for the security of your username and password (if any). The Company has the right but is not obligated to monitor your username and password and, at its sole discretion, may require you to change these. Should you elect not to comply with such requirement, Company is expressly permitted to terminate your account.
10. Violation of Security Systems
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
11. Links To Other Websites
From time to time, the Site may contain links to other services, products, Internet sites on the World Wide Web offered or provided by third parties. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implies, as to the accuracy, legality, reliability, or validity of any content on any other website. The Company is not responsible for the privacy practices of any other service or website linked to on the Site. Your use of third party links is subject to the terms of use and privacy policies applicable to those other sites, services, and websites. You should review the applicable privacy policies for those other third party websites that are linked to on the Site.
12. Descriptions Of Products
The Company attempts to provide accurate descriptions of all products displayed on the Site or sold and offered through the Services. However, we do not warrant that the product descriptions are complete or error-free.
13. Availability Of Products
All purchases and orders are subject to availability on the Site. Certain products displayed on the Site may not be available in your particular country, state/province or locality. The display of, reference to, or link to such products on the Site does not imply or warrant that these products will be available at any time or in your particular location. The Company attempts to provide accurate and up-to-date information about availability through the Site, but we do not warrant that the information is current, complete or error-free. Products may be available on other third party channels for which we have no control over availability. Any purchases you make on third party websites will be through other websites and from third parties. The Company is not responsible for any products or services provided by such third parties, and your of such products and services is at your own risk.
14. Third Party Payment Processors
Payments processed on the Site are made by third party payment processors, which are subject to the terms of use and privacy policies of those third-party payment gateways and are not accessible or controlled by the Company.
Furthermore, transactions under this Site and Services may be handled by our partner, Global-e, subject to Global-e’s Terms of Sale, available at: https://www.global-e.com/tos. Global-e will share your information with the Company in accordance to Global-e’s Privacy Policy available at: https://www.global-e.com/consumer-privacy-policy. Such terms are incorporated herein by reference.
15. Right to Change These Terms and Conditions or Site Content
The Company reserves the right to make changes to the Site, Services and these Terms and Conditions at any time, without prior notice. Any changes to these Terms and Conditions or any additional terms posted on the Site are effective and apply as soon as they are posted. By continuing to use the Site and Services after any changes are posted, you are indicating your acceptance of and agreement to all such changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
16. Release
If you have a dispute with one or more users (including customers or merchants), you release us (and our parent company, affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, expenses and damages, both actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the application of this release to include only those claims which you may know of or suspect to exist in your favor at the time of agreeing to this release.
17. Indemnity
To the maximum extent permitted by applicable law, you hereby agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from (a) your breach of these Terms and Conditions, including any of the foregoing provisions, representations or warranties, (b) from your placement or transmission of any content onto our servers (including any Submissions), (c) from any and all use of the Site and Services, including your account, or (d) breach of any laws, regulations or third-party rights including intellectual property or privacy rights.
18. Disclaimer of Warranties and Damages
Your use of the Site and Services is at your own risk. The Site and Services (including all content and functions made available on or accessed through the Site and Services) is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, availability, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the Site or Services are free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site or Services.
19. Limitation of Liability
Under no circumstances and no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, shall the Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from the use of, the inability to use, or errors or omissions in the contents and functions of the Site or Services, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall Company’s total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed USD$100.00. Notwithstanding the immediately preceding paragraph, if such damages, losses, and causes of action are caused by Company’s willful misconduct or gross negligence, the limitation of liability of the Company shall not apply. The limitation of liability set out above does not affect any liability that cannot be excluded or limited under applicable law (in such cases our liability will be limited to the fullest extent permitted by applicable law). This limitation of liability will survive the expiration or termination of these Terms and Conditions.
20. Governing Law and Dispute Resolution
These Terms and Conditions are governed by and construed in accordance with the laws of Japan, without reference to its conflict of law rules, and you expressly agree to submit to the exclusive jurisdiction of the Tokyo District Court with regard to any dispute arising out of your use of the Site. You expressly agree not to seek the transfer of any case or proceeding out of such courts.
You and the Company agree that, at the election of either party, any dispute connected with the Terms and Conditions may be sent to binding individual (non-class) arbitration to be administered by the Japan Commercial Arbitration Association (“JCAA”). If, for any reason, the JCAA is not available or will not hear the case, you or Company may file our case with any national arbitration company. You and Company agree that the arbitrator shall not have any power to consider, hear, entertain, or grant any class arbitration.
21. Investigations
The Company reserves the right to investigate suspected violations of these Terms and Conditions, including any violation arising from any submission, posting, or e-mails you make or send to the Company or through the Site and Services. The Company may seek to gather information in order to investigate from any user who is suspected of violating these Terms and Conditions, and from any other user of the Site and Services. The Company may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If the Company believes, in its sole discretion, that a violation of these Terms and Conditions has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
22. General Provisions
These Terms and Conditions, the Privacy Policy, and any additional terms posted on the Site or incorporated by reference together constitute the entire agreement between the Company and you with respect to your use of the Site and Services. Any alleged claim or cause of action you may have with respect to your use of the Site and Services must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions. Headings under these Terms and Conditions are intended only for convenience and shall not affect the interpretation of these Terms and Conditions.
No waiver by the Company of any provision in the Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure by Company to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
In these Terms and Conditions, the words “including” and “include” mean “including, but not limited to” and “or” is not exclusive.
23. Assignment
The Company may assign these Terms and Conditions to its affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Company’s prior written consent (in Company’s sole discretion). Any assignment attempted to be made in violation of the foregoing restriction shall be null and void.
Annex I- Additional specific terms for a resident in specific countries/regions
United States
If you are a resident of the United States, then you hereby agree that Section 20 of the Terms and Conditions shall be read as follows.
NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN ANNEX I, SECTION 20 BELOW.
20. Governing Law and Dispute Resolution
These Terms and Conditions are 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 conflict of law provisions.
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 and Conditions; your visit to the Company’s websites, mobile applications, or retail stores; or to any purchase, transaction, customer support, 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 either party 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 and Conditions by sending a written letter to the Company at the ARGYLE aoyama, 2-14-4 Kitaaoyama, Minato-ku, Tokyo 107-0061 JAPAN; Attn: Legal Department (the “Notice Address”), within ninety (90) calendar days of your initial agreement to these Terms and Conditions. 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 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 above. 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 JAMS (“JAMS”) JAMS: Mediation, Arbitration and ADR Services (https://www.jamsadr.com). The arbitration will be conducted by a single arbitrator with JAMS under its Comprehensive Arbitration Rules & Procedures then in effect subject to the Mass Arbitration provisions below. You and the Company may agree 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 JAMS rules. Either you or the Company may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims brought by the other party 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 a Mass Arbitration (“Mass Arbitration”) set forth in JAMS’s Mass Arbitration Procedures and Guidelines (“JAMS’s Mass Arbitration Rules” then in effect, available at https://www.jamsadr.com/mass-arbitration-procedures), such as where representation of the claimants is the same, consistent or coordinated across the cases, the JAMS Mass Arbitration 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 Arbitration. You acknowledge and agree that by electing to participate in a Mass Arbitration, 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 JAMS 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, and any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in this process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to JAMS’s Optional Arbitration Appeal Procedure 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 JAMS 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, and any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in this process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to JAMS’s Optional Arbitration Appeal Procedure 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 and Conditions 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 sixty (60) 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 fourteen (14) days after the expiration of your sixty (60)-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 JAMS 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 JAMS’s Optional Arbitration Appeal Procedure 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 JAMS (including through a JAMS Procedural Arbitrator, as such term is used in the JAMS 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 Arbitration 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 Arbitration 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 JAMS’s 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 JAMS 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 Arbitration provisions apply to your Claim, and a court of competent jurisdiction determines that Option One and Option Two are not enforceable as to your Claim, then your Claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Rules. If the Mass Arbitration provisions apply to your claim, and a court of competent jurisdiction also determines that the JAMS Mass Arbitration Rules 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 to the extent permitted by law. 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 and Conditions will survive the termination of the relationship with you and the Company.