Here you'll find individual Pops and other Toys! First Come First Serve. Use Code: Save5 to save $5 off your next order from this website!
Here you'll find individual Pops and other Toys! First Come First Serve. Use Code: Save5 to save $5 off your next order from this website!
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Terms and Conditions and Return Policy

Terms and Conditions and Return Policy

OVERVIEW 
This website is operated by Anime Express Store. Throughout the site, the terms “we”, “us” and “our” refer to Anime Express Store. Anime Express Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Anime Express Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Anime Express Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at info@animexpress.us

Section 21-RETURNS

By placing your order, you acknowledge that you have read and agree to Anime Xpress Terms and Conditions stated below:

New Product Box Condition: All products are sold in good condition unless otherwise noted. See Defective Items and Shipping Damage below for clarifications. We make every effort to communicate conditions of our products on all our listings and or provide pictures of product.

Products Shrink Wrapped by The Manufacturer: Shrink wrapped items supplied by the manufacturer that contain interior box items that cannot be inspected are exempt from the good condition stated above.  As an example combined products such as Pop Tees and Mystery Boxes T that are shrink wrapped are exempt from our guarantee. These items are not opened and it is impossible to tell the condition of the item(s) inside the boxes

Products Marked as Damaged in the Listing: Items specifically listed for sale as Damaged Box merchandise are exempt from the Good Condition clause stated above.

Defective Items: If you receive an item with a manufacturer's defect, please contact us within 5 days of receiving your order. Images are required and all replacements are subject to our customer service's discretion to determine if the defect is valid under our Good Condition clause. Slight manufacturing variations are not able to be replaced based on these variations, including but not limited to minor paint flaws or figure positioning. Blemishes to packaging will not be considered as a defects. Some of these items are collectibles that have been 

Shipping Damage: If your purchase arrived damaged, please contact us as soon as possible to initiate a parcel damage claim. Please email returns@animexpress.us with photographs of the package and damaged contents within 5 days of delivery. We can also be contacted at  Minor packaging flaws that do not affect the contents are not considered a defect. Small bends, scuffs, or indentations on exterior packaging can occur at any point in the manufacturing, supply or shipping processes. WE DO NOT guarantee against shipping damage. Sometimes packages are damaged, lost or do not arrive. That is why it is important to contact us right away and we'll work with you to figure out a solution. We also do NOT guarantee against shipping damage on items shipped outside of the contiguous United States or to Hawaii/Puerto Rico/Alaska (International Shipments.

SHIPPING

We package all of your purchases with care in order to guarantee that they arrived undamaged and display ready, including but not limited to: Pop! protectors, bubble wrap, and additional cardboard in order to maintain the integrity of the entire product, including its packaging. Your order will ship immediately if it is in-stock. If your order contains both pre-ordered items and in-stock items, it will ship as a complete order once all items are in-stock unless otherwise requested wherein additional shipping charges will be charged and added to each order. We highly recommend placing separate orders if you'd like to receive your in-stock items before your pre-ordered items.

International Shipments: Big Apple Collectibles cannot be held responsible for any duties or taxes imposed on your package once it leaves the United States. Please be aware of this, and safeguard against any un-calculated fees by contacting your local delivery providers for their regulations and tax procedures. We also are NOT responsible for ANY Customs or Brokerage Fees and Taxes.  All international shipments require a telephone number and we are not responsible if an international shipment is returned because the local post has no way to contact the customer to collect duties and taxes.

SHIPPING GUARANTEE AND LIMITATIONS

We guarantee that your item will arrive in good condition, subject to the restrictions spelled out above under Shipping Damage. We require photographic proof of the damage sent with your order number to Customer Support at returns within 5 days of delivery. All claims submitted after this 5 day period will not be honored. Customer service will contact you with the next steps to receive your replacement. Customer 

Our delivery guarantee is valid through the time your order is marked Delivered by the shipping provider. We do not warranty items that are stolen, missing or misplaced once the shipping service reports they are delivered to your address.

Address Changes: If you need to make a change to your shipping address, please email sales@animexpress.us. This is the only way to update an address on an already placed order. We can help you with shipping address changes up until the time a shipping label is printed. Once a shipping label is printed (at which time you will receive an email notification containing a tracking number), we can no longer make any changes to your order. We are NOT responsible for your failure to submit and receive confirmation of your address change well prior to your shipping label being printed. 

PRE-ORDERS

All Pre-Orders will be charged at time of purchase.

Pre-orders require a production order to be placed with the supplier or distributor. When ordering such items you agree that the expected delivery date can change due to circumstances completely out of our control. We will keep you informed of expected delivery times which in certain circumstances may vary widely.

Pre-Order Guarantee: We proudly guarantee fulfillment on our Pre-Orders.  If for any reason we are unable to fulfill your pre-order within 1 year of the item’s release date to the public, we will refund you completely back to your method of payment.  The rare instances when this will happen include:

  • A supplier announces that the particular items have either been discontinued or production has been completely cancelled.
  • The items that you have pre-ordered have arrived to us damaged and are no longer available for re-order.

Purchase Changes After Placing Orders: Please review your purchase before submitting your order to ensure billing/shipping, quantities ordered are correct. We are not able to update quantities, add or remove items, or update the billing address after the order is confirmed and a shipping label is printed.  Once you receive a tracking number when we print the shipping label the order can not longer be cancelled or changed in any way. 

Pre-Order Cancellations: Pre-Ordered items can be canceled for a full refund if requested within 24 hours of purchase.

Pre-orders cancelled after 24 hours of purchase are subject to a 25% cancellation fee if refunded to original payment. 

You may otherwise elect to cancel a Pre-Ordered Item in the form of a store credit gift card for 100% of the purchase. 

RETURNS

We do not accept returns of any of the following items:

  • Gift cards
  • Downloadable software products
  • Pop! Protectors
  • Mystery Boxes (or any of the contents therein)
  • Pre-Ordered Products
  • Sale Products

Returns of In-Stock Items: Returns of items listed as In-Stock at time of purchase are permitted within 14 days of receipt of shipment and are subject to a restocking fee of 15% the final cost of the product(s) and the cost of shipping is deducted from the refund. If your order shipped free, the cost of shipping will be calculated as $3.00 per item up to a maximum of $12.00.

All returns must be in the original, factory-sealed (if applicable) packaging in the same condition that they were received. Products that have been opened, tampered with, played with or altered will not be eligible for return. We are unable to refund any shipping costs.

Due to the limited nature of our products, we cannot guarantee that the item(s) will be replaced.

Please do not send your purchase back to the manufacturer.

In order to be eligible for a return, you must email returns@animexpress.com or call us (505) 225-8874  M-F 8am-4pm MST. If your shipment qualifies for a return, instructions will be provided. Returns sent back without authorization, submitted after 14 after delivery, not in its original condition, is damaged, or missing parts for reasons not due to our error, will be refused.

Seller Error: If we made a mistake, such as sending the wrong item, please contact us at returns@animexpress.com or (505) 225-8874  M-F 8am-4pm MST, within 14 days of receiving the item and we will begin processing your return and replacement at no additional cost to you. Images of incorrect product will be required, and call tags will be issued prior to the replacement shipping.  Contacts made after shipment tracking shows 14 days have lapsed, will not be eligible for replacement or refund.  If the item is out of stock once the return has been processed, we will be unable to replace the item and we will refund your method of payment.

Stickers:  We do not guarantee any store exclusive sticker on any product unless the listing specifically calls for a particular sticker will be included on the product.  All products that are chase variants include a "Chase" sticker as produced by Funko. The term "Shared Sticker" is a sticker that identifies it as an exclusive but not necessarily from the store who initially got the exclusive.

The term "Sticker not Guaranteed" means that we do not guarantee the product you receive will have any sticker or the one pictured.  Pictured products that show stickers but do not specifically call out an included sticker are not guaranteed to have the sticker pictured.  This happens because often the only source of the image we get has the sticker shown. 

Refused or Undeliverable Packages: Packages returned because of purchaser error or refused delivery are subject to a restocking fee of up to 30% of the purchase price. Customers are able to contact USPS to arrange alternate delivery. Big Apple Collectibles is not responsible for any fees that are associated with this alternate delivery.

Replacements on Sold Out Items: We cannot guarantee that we will have replacements for sold out or older archived items as replacement inventory is not always available. In the event that we do find you an acceptable replacement you may be subject to shipping charges to have the replacement item sent to you.

REFUNDS

If for any of the reasons cited above your refund is approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. This can take anywhere from 7-10 business days depending on your bank.

If more than 30 days has passed and you still have not received your refund, please contact us at (505) 225-8874  M-F 8am-4pm MST.

EXCHANGES

We only replace items if they are defective or damaged and are avialble for exchange. If you need to exchange it for the same item, returns@animexpress.us or call us at  (505) 225-8874  M-F 8am-4pm MST

QUANTITY LIMITS

To provide our customers the best chance at purchasing exclusive or non-exclusive items, or for any other reason, we reserve the right to limit quantities. Orders found to exceed the limit placed on an item may be canceled after the order is placed

Products may be limited per order, per person or household, or to orders that use the same credit card, billing and/or shipping address, or share any other order attribute. 

Those who use multiple email addresses, manipulate shipping addresses, place multiple, excessive orders of the same product, or try and bypass our product limits in any other way may have all orders canceled and/or be blocked from making future purchases. 

BULK PURCHASES

The term “Bulk Purchases” is defined as purchases made for resale and/or purchases of greater than five (5) of the same item. Anime Xpress Store reserves the right to restrict, limit, cancel, or alter orders and the terms of purchase and return applicable to Bulk Purchases.  All bulk orders are non-cancellable, non-returnable, and non-refundable.  We do not warranty boxes to be collector quality when purchased in bulk.

Promotions or promotional coupon codes may not apply to Bulk Purchases. Bulk Purchases are not eligible for free shipping offers. A shipping surcharge may be applied to bulk purchases. 

Wholesale Opportunities: If you are interested in purchasing any items in bulk please contact us at sales@animexpress.us. 

Modifications to the Service and Prices: Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  Specific listings that detail more restrictive terms and conditions take precedence over our regular terms and conditions.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PROCESSING TIME: During a regular Monday through Friday business week, 1-2 business days are required to process and verify orders. Please allow additional processing time if you place your order on a holiday or on the weekends. Barring complications, most orders are shipped within two business days. Complications may include but are not limited to an unverified address, or an unauthorized credit card. If there are any problems processing your order, you will be contacted promptly.

STANDARD SHIPPING: To maximize your savings, orders are shipped using UPS Mail Innovations in the USA only. Please allow 7-10 business days for your package to arrive.

EXPEDITED SERVICE: To expedite your package, please call (505) 225-8874 weekdays between 10:00 am-4 pm MST and a representative will gladly help you expedite your order. Ground, two-day, or overnight delivery are available. Additional fees apply. If your order must arrive faster than the standard 1-2 day PROCESSING TIME noted above, please phone in your order, and we shall do all that we can to accommodate your needs.

DISPUTES

Any dispute or claim relating in any way to your use of any Service, or to any products or services sold or distributed by Anime Xpress Store LLC or through will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 4314 Jaguar Loop Santa Fe, NM 87507. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.