Terms of Service
ABOUT THESE TERMS
Accepting these Terms
Welcome to Any Wear, Anywhere! This Terms of Service (“Terms”) set forth the terms and conditions for your access to and use of our service ("Any Wear, Anywhere," or the "Service") provided by Sumitomo Corporation (“we,” “our” or “us”) to you (“you” or “your”) located at anywearanywhere.store (and any successor site thereto) (the “Site”).
These Terms constitute a legally binding contract between you and us. . Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Service. These Terms incorporate by reference any additional terms and conditions posted by us through the Site, or otherwise made available to you by Any Wear, Anywhere (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT ALL DISPUTESBETWEEN YOU AND US THAT ARISING OUT OF OR IN CONNECTION WITH THE SURVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Modification, Suspension and Termination of Service
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Service (including access to the Site via any third-party links) in our sole discretion. We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content (as described below), including descriptions and specifications about products (the “Product” ) or Services, and we reserve the right to remove any Content at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. We will have no liability for any change in the Services, or any suspension or termination of your access to Service.
Modification of these Terms
We reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates the date when these Terms were last changed and the effective date of the modification. Your continued use of the Service, following any changes to these Terms, will indicate that you acknowledge and agree to such changes. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes on the Site, or otherwise the date on which we notified you of such changes. If you don’t agree with the revised Terms, you may no longer access or use the Service.
Privacy
Our treatment of your personal information submitted through the Service shall be subject to the provisions of our Privacy Policy. To review the current Privacy Policy, please refer to our Privacy Policy section.
Frequently Asked Questions
Please also refer to our FAQs section for general information regarding our Service.
ABOUT OUR SERVICE
How to Access "Any Wear, Anywhere" Service
As noted above, you must be 13 years or older to access or use the Service. To use the Service, you may be required to provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to promptly provide us with updated information if any change to the information provided.
Additionally, you may be able to access certain parts or features of the Service by using your account credentials from other services operated by third parties (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Service through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Service.
You may only use the Service made available to you for your own personal and non-commercial purpose, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Service. You are solely responsible for any use by you of any Services in violation of these Terms, any Additional Terms or applicable laws.
We may, for any reason, limit or restrict your access to or use of the Service, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel or prohibit, in our sole discretion, any use of the Service for any reason including but not limited to, availability and geographic concerns, or if we determine or suspect that you are using the Service for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
Cost of the Service
We may charge you to use certain parts of the Service. We reserve the right to modify or waive fees required to use certain parts of the Service. You are solely responsible for (i) the fee for any Service that you order and that are not cancelled in accordance with our cancellation policy hereof, (ii) the price of any items that are not returned in accordance with our policies hereof, and (iii) any late fees accrued by you due to late return or lost items.
For more information about our Service, including rental fees and cancellation policies, please see our Clothing pages and FAQs Section. Please note that any fees, and payment terms presented to you in the process of using or signing up for a Service are deemed part of these Terms.
Reservation
If you reserve and rent clothing through our Service, the rental fee (“Rental Fee”) will include rental coverage charges and shipping and delivery charges (as applicable) listed on the Clothing pages for your rental of the applicable items, and you authorize us (or our Payment Processor, as defined below) to charge your payment method including payment card that you registered as the payment method for the Service (the “Payment Method”), the Rental Fee. YOU MUST ENSURE THAT YOU MAKE A RESERVATION THROUGH OUR SERVICE 1 MONTH PRIOR TO THE RENTAL DATE. We reserve the right to alter the Rental Fee or availability of any item at our own discretion and without notice.
Return
You agree to return each item to us within 2 weeks. We will provide you with pre-paid, pre-addressed packaging that you can use to return the clothing. Please see FAQs Section.
Late Fees
If you do not return one or more items within 2 weeks without prenotice to us, you hereby authorize us (or our Payment Processor) to charge your Payment Method non-refundable late fees, up to the original retail or comparable value price for the clothing (the “Maximum Late Fee”).
Other Terms Related to Service
Use of the Clothing
You shall treat the clothing with great care. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the clothing for any reason, including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. “Normal wear and tear” means minor stains, rips, missing beads, stuck zippers, or other minor damage that is covered by the rental coverage. If you return a clothing that is damaged beyond normal wear and tear without notice, then you hereby authorize us (or our Payment Processor) to charge your Payment Method for the price for repairing or replacing the Product, as determined in our discretion, up to the original retail or comparable value price for the clothing.
Service Descriptions
We may, in our sole discretion, provide listings, descriptions or images of clothing that are available on the Service, but we do not warrant that the clothing listings, descriptions or images are accurate, complete, reliable, current, error-free or availability of any clothing, even if noted as so on our Site. Such information and the availability of any clothing are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. The prices displayed for clothing rental are quoted in Japanese Yen, unless otherwise indicated. The availability through the Service of any listing, description, or image of clothing does not imply our endorsement of such Product or affiliation with the provider of such Product.
Shipping
You must provide us with accurate shipping address (hotel information) where you will stay, so that we can timely deliver clothing to you. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each item until you return such item (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals of clothing for any reason.
Returns and Lost Items
Returning Rented items: You agree to return each item to Any Wear, Anywhere within 2weeks. We may, but are not required to, permit you to extend your rental period subject to 2 days pre-notice to us and additional fees applicable to those items for the period of the extension. Failure to timely return items without such pre-notice to us is a violation of these Terms, and you shall authorize us to charge your Payment Method for Late Fees up to the Maximum Late Fee, and/or take other legal action.
Lost Items: We are not responsible for any personal or other items left in the clothing or in the garment bag which are returned to Any Wear, Anywhere. If you believe you have accidentally or otherwise sent any such items to us, please contact us as soon as possible at mailto:anywearanywhere@sumitomocorp.com. We may, but are not required to, assist you in attempting to locate such items at your request, and we assume no responsibility or liability if we attempt to locate such items.
Returning by Mail: If you use the garment bag that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the garment bag. We will not be responsible for loss, theft, or damage to Items that are shipped back to us using any shipping carrier other than the shipping carrier that is specified on the pre-paid shipping label, or for any fees or expenses that you incur due to delays in Any Wear, Anywhere receiving the items. We do not ship Items outside of Japan, and you shall not return Items to us from outside of Japan without our prior written permission.
In the event that you lose or damage the garment bag and the pre-paid shipping label that we provide, you will be responsible for returning the Items to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than the shipping carrier that is specified on the pre-paid shipping label may result in delivery delays and additional delivery fees for which we will not be liable. You will be solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Items.
How Payments Work
When you use the Service, you hereby authorize us to charge your Payment Method for the Rental Fee. You must ensure that at your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to us. We will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A reservation of clothing through the Service is an order for the rental of those items, regardless of how far in advance that clothing is reserved.
We use a third-party payment processor (the “Payment Processor”) to bill you through a Payment Method you provide. Through providing your Payment Method information, you agree to pay us through the Payment Processor. We reserve the right to suspend or cancel a rental order or terminate your access to the Service if we are unable to successfully charge your Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment.
How to Cancel a Reservation
You may cancel a reservation by notification to us. There is no cancellation fee if you cancel at least 7 days in advance to a rental date (Check-in date) information you provided. However, if you cancel less than 7 days in advance to a rental date (Check-in date) information you provided, we may charge you cancellation fee up to the round-trip shipping cost.
We are also free to suspend, limit, or terminate your access to or use of the Service or your Account in our discretion for your breach of these Terms and Force Majeure.
The following provisions survive expiration or termination of these Terms: “Modification, Suspension and Termination of Service,” “Modification of these Terms,” “Late Fees,” “Returns and Lost Items,” “Your Content,” “Use Restrictions,” “Use of your Content,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnity,” “Assignment,” “Governing Law,” “Arbitration Agreement,” “Taxes,” “Waiver; Severability”.”
CONTENT
Ownership and Use of Intellectual Property
Our Content
We and/or our suppliers and licensors own the Service (including related software, code, data, and information relating thereto), and proprietary methods and systems used to provide the Service (collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Service (collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to, "Any Wear, Anywhere" (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any Content for any purpose. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or Service. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
Your Content
Anything except for your personal information that you post, upload, share, store, provide, or otherwise make available through the Service is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions without the need for any permission from or payment to any other person or entity to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms. You agree not to exercise all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Any Wear, Anywhere under any fiduciary or other obligation.
You hereby grant to us and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection with the Service and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Service (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions received from you), and to monitor, review or analyze your access to or use of the Service, in each case, by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying User Submissions, terminating your Account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Use Restrictions
You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content, Service or interact with the Service in a manner that:
Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else;
Violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws;
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or otherwise offensive or objectionable, or is for any commercial purpose or is for any purpose not reasonably intended by Any Wear, Anywhere;
Jeopardizes the security of your or any other Any Wear, Anywhere user’s Account (such as by allowing someone else to log in to your Account);
Attempts, in any manner, to obtain the Rent the Runway User name, password, Account, or other security information of or from any other Any Wear, Anywhere user or impersonates any other person, including but not limited to a Any Wear, Anywhere representative;
Violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of any hardware, software, or equipment;
Runs a “Maillist,” “Listserv,” any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interferes with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure);
Restricts or prohibits any other person from using the Service;
Frames or mirrors any portion of the Service, or otherwise incorporates any portion of the Service into any product or service without our express prior written consent;
Removes or obscures any copyright, trademark, or other proprietary notice from the Service;
Uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice;
Systematically copies or stores any portion of the Content;
Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service, except to the extent that such restriction is expressly prohibited by applicable law;
Displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or
Posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests or any other businesses or services.
You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Service. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Third Party Materials
Certain Services functionality may contain links or connections to, or otherwise make available access to, third-party websites, services, information, services, products, or other materials that are not owned or controlled by us (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
We have no control over, do not endorse, and assume no responsibility for, any Third Party Materials including the content, accuracy, validity, timeliness, reliability, completeness, quality, legality, usefulness, safety or practices of or opinions expressed in any Third Party Materials. In addition, we have no obligation to monitor, verify, censor, or edit the content of any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you access or use. By accessing or using the Service, you release and hold us harmless from any and all liability arising from your access to or use of any Third Party Materials.
If there is a dispute between participants on this Site or Services, or between users and any third party, including in connection with any Third Party Materials, you agree that we are under no obligation to become involved and you are solely responsible for such disputes.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF US BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME COUNTORIES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICE AND WE SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
DISCLAIMER OF WARRANTIES
Neither we nor our licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns make any representations or warranties concerning the Service, including without limitation regarding any content contained in or accessed through the Service or any Products, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Service. We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services, or that defects in the Services will be corrected. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Service and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Service or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY US ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND WE HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME COUNTORIES AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Couriers
We may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of Products. Couriers are independent contractors and not our employees, partners, agents, joint ventures, or franchisees. We shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. If you use the Service, you agree to bear responsibility for receipt of rental items shipped to the delivery location specified at time of reservation. We do not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that we do not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a Courier are solely between you and that Courier. We and our licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.
Indemnity
Except in the case that Claims (as defined below) is due to our willful misconduct or gross negligence, you agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand (“Claims”) relating to (i) your access to and use of the Service (including any actions taken by a third party using your account) and any Products rented from us (including any failure to return such Products), (ii) your User Submissions, (iii) your violation of these Terms, or any applicable law, rules, or regulation, (iv) your infringement, misappropriation, or other violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, and (v) any dispute or issue between you and any third party, including any Courier, Product merchant, or other third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
Governing Law
These Terms are governed by and construed in accordance with the laws of Japan, without regard to the conflicts of laws provisions thereof.
Taxes
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, levies, and other governmental assessments associated with your activity in connection with the Service, provided that we may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Waiver; Severability
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is held to be unenforceable or invalid under laws or regulations or by a court or other tribunal of competent jurisdiction, such provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force, effect and enforceable.
Delays
There may be delays, omissions, or inaccuracies in the Service, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that we are not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.
Entire Agreement
You and we agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of us, and you do not have any authority of any kind to bind us in any respect whatsoever.
Information or Complaints
If you have any questions or complaints regarding the Services or about these Terms, you may contact us at mailto: anywearanywhere@smitomocorp.com. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.