Effective date: April 1, 2021
TERMS AND CONDITIONS FOR USE FOR THE LAXUS WEBSITE
ORDERS AND PAYMENT
Membership Registration and Membership Cancelation/Termination
1.1You need to be a member of the Site in order to rent our Items (the “Membership”). You may register your Membership by creating an account on the Site (the “Account”) or sign in by connecting with a third party provider (such as Facebook, Apple ID, Google +). To use some of the Services on this Site, you are not required to sign up for an Account. However, certain features of the Services, such as accessing your order history, require you to register for an Account.
1.2For the purposes of identity verification to register your Membership, we will ask you to present one (1) form of identification, such as US passport, US photo driver license, certificate of citizenship/permanent resident cards, bill from a bank or mortgage company, utility company, credit card company, doctor or hospital, or bank statement or bank transaction receipt showing the bank’s name and mailing address.
1.3By registering, you agree that all information provided in the Account is true and accurate and that you will maintain and update the information as required in order to keep the Account current, complete and accurate. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use, as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
1.5You agree that we may at any time, and at our sole discretion, terminate or suspend your Account and Membership without prior notice to you for any reason. Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any Account or anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
1.6You may cancel your Membership at any time (the “Cancelation”). To cancel your Membership, please click Member Cancellation [Link] at the Site and follow the on-screen instructions and steps (the “Cancelation Steps”). Your Cancelation shall be effective at the end of the current month by (i) completing the Cancelation Steps on or before the end of the month, and (ii) placing the Item in your possession in the return shipment to Laxus (as set forth in Section 4.2) on or before expiration of your Membership.
1.7Laxus may suspend or terminate your Membership at any time for any breach of this Agreement or any other reason by giving you written notice of such termination, with or without cause (the “Termination”). If we terminate your Membership, you will remain liable for all unpaid dues. If your Membership is terminated by Laxus, you will not receive a refund on any amounts paid on your Membership.
1.8You agree and acknowledge that this Agreement shall remain effective until there is Cancelation or Termination of your Membership.
Orders, Rental Fee and Rental conditions
2.1You may rent our Items through this Site. Orders placed on the Site are fulfilled by Stripe. Responsibility for the monthly Membership payment (the “Membership Fees”) and fulfillment of an order is with Stripe, not Laxus, except as otherwise set forth in these Terms.
2.2You agree that as condition of your Membership at the Site, you will provide Laxus with a credit card (the “Payment Cards”) and that you hereby authorize Laxus to charge your Payment Cards to collect the Membership Fees plus tax and any other fees set forth below.
(ⅰ)You agree that as condition of your Membership at the Site, you will provide Laxus with a credit card (the “Payment Cards”) and that you hereby authorize Laxus to charge your Payment Cards to collect the Membership Fees plus tax and any other fees set forth below.
(ⅱ)A deposit fee may be charged when you enroll in Membership at the Site at a rate of $2,000/Account (the “Deposit). We may use any part of the Deposit to satisfy any default or loss of Item by you and any expenses arising from such default or loss. Upon Cancelation or Termination of your Membership, Laxus shall refund to you the Deposit, provided there is no default or loss of Item by you.
(ⅲ)At all times, you shall take proper care of the Items. Upon the Cancelation or Termination of your Membership, you will promptly return the Rented Item to Laxus in the same condition in which the Item was received, with the exception of ordinary wear and tear, and agrees to pay for any damage to, unauthorized alteration of, or loss of the Item while you were renting the Item. If the Item cannot be repaired, or If you fail to return the Item or if the Item is lost while in your care, whether or not the loss was your fault, by theft, by acts of GOD or any other means, the Item will be considered a loss. If there is a loss of Item, you will pay Laxus the reasonable replacement costs. If collection action is necessary to collect this account, you will pay to Laxus the reasonable collection costs and/or reasonable attorney’s fee incurred by Laxus.
2.3If you use our Site to rent an Item, the Membership Fees and Deposit must be received prior to our accepting an order, unless we otherwise agreed in advance. We may reject orders where the stated delivery address is outside the United States and outside the State of New York. We reserve the right to refuse any order you place with us. We expressly condition our acceptance of your order on your agreement to these Terms.
2.4We may need to verify information you provide before we accept an order and may cancel or limit an order any time after it has been placed. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. If payment (Membership Fees) has already been made and your order is cancelled or limited, we will refund you any payment made for renting the Item that will not be shipped due to cancellation or limitation of an order.
2.5The descriptions of, or references to, Items at the Site do not imply endorsement of that Items, or constitute a warranty, by us.
Accuracy of Billing and Account Information
3.1In renting Items through our Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide is registered to you. You agree to promptly update your account and other information, including your e-mail address and Payment Card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3.2If your Payment Cards reaches its expiration date, your failure to cancel your Membership constitutes authorization for Laxus to continue billing that Payment Card. If Laxus is unable to charge your Payment Card, your Membership will be terminated. If Laxus terminates your Membership, you will remain liable for all unpaid dues (including any Membership Fees and all other charges against your Account).
3.3We reserve the right to bar your access to and use of our Site if we have reasonable grounds to believe you have provided untrue, inaccurate, not current, or incomplete information, or for any other reason we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on our Site is sufficient to satisfy any applicable statute of frauds, and no further writing is required.
Shipping, Return and Change of Items
4.1All orders are processed and shipped on seven days, Monday through Sunday, excluding major holidays. Although we may provide delivery or shipment time frames or dates, you understand that those are our good-faith estimates and may be subject to change. We will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. You must provide us with accurate shipping information, so that we can timely deliver the Item to you. If you provide us with a shipping address that is invalid or where you cannot securely accept the Item upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Item.
4.2In a case where we cannot deliver the Item directly to your shipping address, we will ask you to pick up your Item at the UPS Access Point location we designate at the Site. To pick up the Item, you shall bring a photo ID with your full name and address. Such ID must be government-issued ID, and your name and address must match the original shipping address on the package.
4.3To return an Item, Laxus will provide you with pre-paid, pre-addressed packaging (“Laxus Package”) that you can use to return the Item, as well as instructions for returning the Item to Laxus. You shall pack the Item in Laxus Package, attach the prepaid label to your Laxus Package, and either ship back the Item using UPS or drop it off at the UPS Access Point location we designate at the Site. In the event that you lose or damage your Laxus Package, you will be responsible for returning the Item to us in your own packaging, at your own expense. Laxus will re-issue a prepaid label if you need a new one. Please also contact at email@example.com if you lose the pre-paid label attached to your Laxus Package. Laxus shall not be responsible for any personal or other items left in the Item or Laxus Package.
4.4Laxus shall not be liable or responsible for any delivery services provided by the third-party couriers such as UPS (‘Couriers’), which we engage from time to time to facilitate delivery of our Items, or any errors or misrepresentations made by such Couriers.
4.5Before you accept the Item, you will inspect the Item for damages. Your continued use of the Item signifies full satisfaction with the condition of the Item. No claim of prior damage will be accepted unless acknowledged by Laxus.
4.6During your Membership, you can swap the Items as many times as you like. To swap, please place your new order at the Site and return the original Item in your possession to Laxus, in accordance with Section 4.3 of this Agreement. Your new item will ship within a few days after our receipt of the original Item. Your new item will be canceled if we do not receive the original Item within 7 days from such order.
YOUR RIGHTS AND RESPONSIBILITIES FOR USE OF THE SITE
Age Restrictions and the Children’s Online Privacy Protection Act
5.1This Site is intended for use by individuals over the age of 18 years. If you are under 18 years of age, an appropriate legal guardian must act on your behalf for you to use this Site.
Restrictions on Use
6.1You agree and represent you will not use the Site to:
6.1.1impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, or create a false identity for purposes of misleading others;
6.1.2upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
6.1.3upload, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6.1.4upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
6.1.5engage in sending “spam” or any other form of solicitation;
6.1.6use automated scripts to collect information from or otherwise interact with the Site;
6.1.7violate any applicable local, state, national or international law; or
6.1.8re-rent, or resell, any Item(s) available in our Site, without our prior written approval.
6.2You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
6.3You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Laxus. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Laxus or its affiliates without prior express written consent. You may not use metatags or any other “hidden text” utilizing Laxus’s name or trademarks without the express written consent of Laxus. Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Laxus is strictly prohibited.
Descriptions of Site, Items and Services
7.1You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, mobile phone and Internet access (including payment of all fees associated with such access).
7.2We reserve the sole right to either modify or discontinue the Site, including any of the Sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services on this Site shall also be subject to these Terms of Service.
7.3Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any Items, Services, and/or information made in connection with this Site is void where prohibited.
User Submissions of Image, Video, Audio Files
8.1The Site includes Laxus social media, located at a third party provider (such as Facebook, Twitter, Pinterest, and Instagram), which pulls content from our users who share any communications or content of any type (such as photos, videos, or audio) using our brand hashtags or tagging (collectively, the “User Content”). You acknowledge and agree that the User Content may be used in our Site, retail locations, e-mails or any other locations Laxus owns or operates.
8.2You agree not to upload or transmit any User Content that infringes or violates any rights of any party. You represent that any such User Content has been taken or recorded by you or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
Links to Other Sites
9.1The Site may contain links to third party websites, including social media sites. Unless otherwise stated, any links that are provided are not intended to state or imply that Laxus sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
9.2Laxus makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, include social media sites, you do so at your own risk. Laxus’s liability and responsibility in relation to any information on any third party site or any product purchased through such third party site is expressly limited by the terms of this Agreement.
Laxus’s Intellectual Property Rights
10.1The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
10.2Laxus grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer or mobile device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
10.3The logos, and other service marks and service names included on the Site (the “Marks”) are owned or licensed by Laxus. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Laxus. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Laxus.
10.4The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark-up languages, and all scripts within the Site associated therewith, are Copyright© 2021 Laxus Technologies Inc. All Rights Reserved worldwide. The copyrighted and proprietary property of Laxus or its affiliates may not be duplicated or used without Laxus’s express prior written consent.
Materials and User Content
11.2Laxus will not be liable for any content posted by third parties, or at the direction of users; you must evaluate the accuracy and usefulness of such content. Laxus does not pre-screen content, but Laxus and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Site, including the right to remove any content that violates the Terms or is deemed by Laxus to be objectionable.
Notice for Copyright Infringement
12.1If you or any user of this Site believes any copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our contact immediately. To be effective, the notification must include:
(ⅰ)Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed;
(ⅱ)Identify the material that you claim is infringing the copyrighted work listed in item i) above;
(ⅲ)Provide information reasonably sufficient to permit us to contact you (e-mail address is preferred);
(ⅳ)Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (e-mail address is preferred);
(ⅴ) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";
(ⅵ)Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
(ⅶ)Sign the paper;
(ⅷ)Send the written communication to the following address:
Designated Agent for Claimed Infringement:
12.2You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
RELEASE, INDEMNIFICATION AND DISCLAIMERS
13.1By using the Site, any Items or Services, you agree to release, discharge and hold harmless Laxus and its subsidiaries, affiliates, partners, retailers, distributors and each of their officers, directors, employees and agents from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site, any Items or Services, or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site.
13.2If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold Laxus and its affiliates, subsidiaries, partners, distributors and each of their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Site and/or your use of any Items or Services, including without limitation, any content posted to or transmitted through the Site, or publicly distributed on the web, your use of the Site, your use of any Items or Services, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SITE, ANY ITEMS AND SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAXUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LAXUS MAKES NO WARRANTY THAT (I) THE QUALITY OF ANY ITEMS OR ANY SERVICES RENTED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, TIMELY, OR COMPLETE, (IV) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LAXUS MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
CONTENT AVAILABLE THROUGH THIS SITE OFTEN REPRESENTS THE OPINIONS AND JUDGEMENTS OF AN INFORMATION PROVIDER, SITE USER, OR OTHER PERSON OR ENTITY NOT CONNECTED WITH US. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LAXUS AND ANY AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAXUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE OR ANY ITEMS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE OR ITEMS. IN NO EVENT WILL LAXUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE MEMBERSHIP FEES YOU HAVE PAID FOR RENTAL OF OUR ITEM(S).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ITEMS OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR ITEMS, AS APPLICABLE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
17.Dispute Resolution; Arbitration.
Most user concerns can be resolved quickly and to the user’s satisfaction by e-mailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if Laxus has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
17.1Laxus and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
・claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
・claims that arose before this or any prior agreements (including, but not pmited to, claims relating to advertising);
・claims that are currently the subject of purported class action ptigation in which you are not a member of a certified class; and
・claims that may arise after the termination of these Terms of Service.
17.2References to “Laxus”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. These Terms evidence a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
17.3A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (the “Notice”). The Notice to Laxus should be addressed to Laxus Technologies Inc. . The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If Laxus and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Lexus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Laxus or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Laxus is entitled.
17.4The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Laxus and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Laxus will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.
17.5The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
17.6The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND LAXUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE, unless both you and Laxus agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
17.7Notwithstanding any provision in these Terms to the contrary, we agree that if Laxus makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Laxus may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. Laxus may, but is not obligated to, provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site’s homepage. By continuing to use the Site, Items or Services after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site, Items or Services is subject to the most current version of this Agreement.
We may at any time assign, transfer, change, subcontract or deal in any other manner with all or any of our rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent. You shall not, without our prior written consent, assign, transfer, or delegate your Account, rights and obligations under the Agreement
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The Site can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, both you and Laxus agree that the statutes and laws of Japan, without regard to conflicts of laws principles thereof that would produce a different result, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and Laxus agree any litigation arising between the parties hereto shall be brought only in the courts in Japan. You hereby irrevocably and unconditionally waive any defense of an objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
Contact Information. If you have a comment, question or request, or if you need to contact Laxus for any other reason, you may contact us at firstname.lastname@example.org .
[End of Terms and Conditions]