ATTENTION! —CLASS ACTION WAIVER AND ARBITRATION AGREEMENT:
These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the section entitled Arbitration Agreement and Class Action Waiver below. CAREFULLY REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BEFORE YOU AGREE TO THESE TERMS OF USE OR USE OUR WEBSITE.
ACCEPTANCE OF TERMS OF USE
Welcome to the wholesale distribution website of EE Distribution, a division of Entertainment Earth, LLC (“Entertainment Earth”, “our”, “we”, or “us”), located at www.eedistribution.com and including content and functionality offered thereon (the “Website”). The Website is a wholesale website and customers of the Website are businesses. If you are an individual consumer, please visit our consumer website located at www.entertainmentearth.com. In order to access some features of the Website, you must first register with the Website and complete a New Client Application, which can be requested via email to [email protected].
These Terms of Use (these “Terms”) set forth the agreement between you (“you” or “Client”) and Entertainment Earth governing the use by you of the Website. The Terms include and incorporate by reference the Entertainment Earth Privacy Policy available at www.eedistribution.com/s/privacy-policy/s (the “Privacy Policy”). Please read the Terms and Privacy Policy carefully and fully before using the Website or disclosing to us any personal information.
By using our Website, ordering any products, or disclosing to us any personal information: (i) you agree that you have read and understand the Terms, (ii) you accept and agree to be bound by the terms of the Terms, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of the Terms. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE, ORDER ANY PRODUCTS, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
The Terms may change periodically and may be revised at any time and from time to time in our sole discretion by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Your continued use of the Website means that you accept any changes or modifications to the Terms. If any modification is unacceptable to you, your only recourse is to stop using the Website. Certain provisions of the terms and conditions contained in these Terms may be superseded by legal notices or terms located on particular pages of the Website.
ACCOUNT REGISTRATION
In order to access some features of the Website, you must first register with the Website and complete a New Client Application, which can be requested via email to [email protected]. Prior to being able to purchase products through our Website, you must enter into a Client Agreement/ Terms and Fees or other written agreement signed between you and Entertainment Earth (your “Client Agreement”). If you and Entertainment Earth have entered into a Client Agreement, the terms and conditions of such Client Agreement govern your purchase of products through our Website and shall prevail over these Terms in the event of any inconsistency.
When creating an account and completing a New Client Application, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity. You also agree to promptly update such information to maintain accurate, true, complete and current information. You may update your contact information by filling out an Account Update Form via XodoSign and modifying your saved address data. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Website or any portion thereof by you. During the registration process you will enter your email address, company name, first name, last name, and phone number. Once the Client Agreement has been approved and approved by Entertainment Earth, you will receive a link to create a password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. Once you have created an account, you have the ability to provide your mailing address. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Website including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
MATURE AUDIENCES ONLY
Our Website is intended for mature audiences only. The content may be unsuitable for children under the age of 18. Entertainment Earth does not sell or market to children; you must be 18 years of age to make purchases on our Website. By using the Website or ordering any of our products, you represent and agree that you are at least 18 years of age or older and are fully able and competent to agree to the terms, conditions, representations and warranties set forth in these Terms.
PRIVACY
Please review our Privacy Policy, which applies to personal information obtained from or provided by you on the Website.
COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
You acknowledge that all materials on the Website, including the Website’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) contained on the Website, including without limitation Entertainment Earth’s, are the sole property of Entertainment Earth. In addition, all page headers, custom graphics and custom icons are Marks of Entertainment Earth. Entertainment Earth grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by Entertainment Earth for your personal and non-commercial use only (the “License”). This License remains in effect until the Terms are terminated by either you or us in accordance with the Terms. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by Entertainment Earth and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Entertainment Earth's Marks may not be used in connection with any product or service that is not Entertainment Earth's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Entertainment Earth. All other trademarks not owned by Entertainment Earth or its subsidiaries that appear on the Website are the property of their respective owners, who are not affiliated with, connected to, or sponsored by Entertainment Earth or its subsidiaries.
Star Wars, the Star Wars logo, all names and pictures of Star Wars characters, scenes, items or any other Star Wars related subject are registered trademarks, trademarks, and/or copyrights TM & © Lucasfilm, Ltd. All rights reserved. Used under authorization.
PURCHASE OF PRODUCTS
If you purchase physical products available through our Website, the sale of such physical products is governed by the terms of the Client Agreement/ Terms and Fees or other signed agreement between you and Entertainment Earth applicable to your purchase. You can also refer to our Frequently Asked Questions page for commonly asked questions.
USE OF THE WEBSITE AND TERMINATION
You agree to use the Website for lawful purposes and that you are responsible for your use of and communications on the Website. You agree not to post on or transmit through the Website any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Website in a manner that would interfere with normal operation or infringe on any others use of the Website.
You agree not to access the Website by any means other than the interface we provide. Displaying or running the Website or any information or material displayed on the Website in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Website must comply with all applicable laws, rules and regulations.
We make no representation that Materials (as defined in Copyright, Trademarks and Other Intellectual Property) contained on the Website or that products described or offered on the Website are appropriate or available for use in jurisdictions outside the United States or that the Terms comply with the laws of any other country. Users of the Website outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Website from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
The Terms are effective until terminated by us or you. We, in our sole discretion, may suspend or terminate your access to the Website at any time without notice and deny you access to the Website or any portion of it. You may terminate your relationship with Entertainment Earth in accordance with your Client Agreement or, if you have no Client Agreement, by discontinuing all use of the Website. Upon termination by us or you, you must destroy all materials obtained from the Website, including all copies of such materials. We reserve the right to modify or discontinue, temporarily or permanently, the Website or any portion of it with notice to you.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Website, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of the Terms, laws or regulations or is harmful to another user or us or our affiliates. If you wish to delete your account, please terminate your Client Agreement in accordance with its terms.
The following shall survive any termination of the Terms either by us or you: Privacy; Limitation of Liability; Disclaimer of Warranties; Indemnification; Copyright, Trademarks and Other Intellectual Property; Severability, Governing Law, and Arbitration Agreement and Class Action Waiver.
LINKS TO THIRD PARTY WEBSITE AND SOCIAL MEDIA
Through the Website, you may have access to third-party tools and Website (“Third Party Website”) over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such Third Party Website ”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 Website. Any use by you of optional Third Party Website offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms of Third Party Website which are provided by the relevant third-party provider(s).
Additionally, the Website may contain links to other websites that are not controlled and/or maintained by Entertainment Earth. Access to and use of such other websites is at your own risk and subject to any terms and conditions and privacy policies which govern such websites. By providing such links, Entertainment Earth shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their Website or products, or any facts, views, advice, information, promotions and/or products found on such websites. Entertainment Earth is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms and conditions that differ from those of the Website and/or may provide their users with less security than Entertainment Earth.
LICENSE AND ACCESS
Entertainment Earth grants you a limited license to access and make use of this Website for commercial purposes, but not to download (other than page caching) or modify the Website or any portion of it, except with express written consent of Entertainment Earth. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Entertainment Earth.
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 Entertainment Earth and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Entertainment Earth's name or trademarks without the express written consent of Entertainment Earth. Any unauthorized use terminates the permission or license granted by Entertainment Earth. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Entertainment Earth so long as the link does not portray Entertainment Earth, its affiliates, or their products or Website in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Entertainment Earth logo or other proprietary graphic or trademark as part of the link without express written permission.
SALES
Entertainment Earth reserves the right to refuse the Website, terminate accounts, or remove or edit content. The terms and conditions applicable to the sale of any products through the Website will be governed by your Client Agreement.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may send or submit Entertainment Earth suggestions, ideas, comments, questions, or other information through the chat function, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin the content's identity.
RISK OF LOSS
All items purchased from Entertainment Earth are made pursuant to the Client Agreement Please refer to our Frequently Asked Questions page for more information related to shipping.
PRODUCT DESCRIPTIONS
Entertainment Earth attempts to be as accurate as possible. However, Entertainment Earth does not warrant that product descriptions, prices, photographs or other content of this Website is accurate, complete, reliable, current, or error-free. Entertainment Earth is not responsible for typographical errors, manufacturer delays in delivery or changes to products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. You may file a claim for damage or any another issues with a product. If a product offered by Entertainment Earth itself is not as described, your sole remedy is to return it in unused condition.
CONSENT TO COMMUNICATIONS AND TEXT MESSAGING
When you use the Website, you may be given the opportunity to consent to receive transactional, sales, and marketing communications from us via text message, including if you provide your consent through our telephone system for our restaurant location. By providing your phone number and expressly agreeing to such text message communications from us, you provided your express written consent to receive such text messages from or on behalf of us to the phone number you provided even if your number is registered on the national or a state do not call registry. This includes marketing texts made using an autodialer or an automated system for the selection and/or dialing of telephone numbers. You also warrant and represent that you are either the account holder/subscriber of any mobile phone numbers you provide to us, or you have the express permission of the account holder/subscriber to provide such phone numbers to us for such texts from or on behalf of us to the numbers.
You understand and acknowledge that your consent to marketing texts is not required to use the Website or to do business with us. You may revoke your consent to marketing texts at any time. Reply “STOP” to any text message from us to unsubscribe from future marketing texts. You agree to and may then receive a single final text message confirming your opt-out from future marketing texts. You agree that if and before you disconnect or transfer your mobile number, you will text “STOP” to us in order to stop future messages from being sent to that number.
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech. You acknowledge that we may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in our sole discretion, to monitor, screen, or refuse any content you make available, including content that violates the Terms.
Standard texting rates will apply to our phone communications with you. By providing your phone number to us and agreeing to texts, you acknowledge and agree that the receipt of such communications may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your receipt of these communications.
DISCLAIMER OF WARRANTIES
THE WEBSITE ARE PROVIDED BY ENTERTAINMENT EARTH ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENTERTAINMENT EARTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ENTERTAINMENT EARTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENTERTAINMENT EARTH DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E- MAIL SENT FROM ENTERTAINMENT EARTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENTERTAINMENT EARTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS, THE WEBSITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS AND ANY WEBSITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM ENTERTAINMENT EARTH, THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY RELATING TO THE WEBSITE OR SUCH PROGRAM NOT EXPRESSLY STATED IN THE TERMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTERTAINMENT EARTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, WEBSITE OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ENTERTAINMENT EARTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN ENTERTAINMENT EARTH AND YOU. THE PRODUCTS, INFORMATION, AND WEBSITE OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER OF ENTERTAINMENT EARTH, THE MAXIMUM LIABILITY OF ENTERTAINMENT EARTH SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED BY YOU FROM ENTERTAINMENT EARTH THROUGH THE WEBSITE.
ENTERTAINMENT EARTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL ECONOMIC DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR CONSUMER FRAUD.
INDEMNIFICATION
You will indemnify Entertainment Earth and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms; (ii) your use of the Website; and/or (iii) any violation of the Terms. You agree that your representations and warranties, and your obligation to indemnify Entertainment Earth shall survive beyond any term that the Terms are in effect.
RESOLVING DISPUTES
If a dispute should arise between you and Entertainment Earth, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Please reach out to your Entertainment Earth Distribution Sales Representative. Alternatively, please contact our customer service by email at [email protected]. If your dispute cannot be resolved with your Entertainment Earth Distribution Sales Representative or by emailing our customer service team, these Terms of Use describe how we shall proceed with the resolution of the dispute.
GOVERNING LAW
These Terms and your use of the Website is governed by the laws of the State of California, without regard to its conflicts of law provisions, and regardless of your location.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE WEBSITE, OR BY OTHERWISE AGREEING TO THESE TERMS OF USE, YOU AND ENTERTAINMENT EARTH ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ENTERTAINMENT EARTH AGREE THAT YOU MAY BRING CLAIMS AGAINST ENTERTAINMENT EARTH ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.
You and Entertainment Earth agree that any and all claims and disputes arising from or relating in any way to the subject matter of the Terms, your use of the Website, or your and Entertainment Earth’s dealings with one another (including, but not limited to, your receipt of marketing telephone calls, text messages, emails, or other communications from or on behalf of Entertainment Earth) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. You and we also agree that the arbitration provision and class action waiver apply to claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims.
This agreement to arbitrate is intended to be interpreted broadly. YOU AND WE AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE RELIEF.
There is no judge or jury in arbitration. Generally, arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor Entertainment Earth will be able to have a court or jury trial or participate in a class action or class arbitration. You and Entertainment Earth each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND ENTERTAINMENT EARTH ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.
In the event of a dispute, and before initiating an arbitration proceeding under this section, you and Entertainment Earth agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, a brief summary the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to [email protected] and/or via mail to Entertainment Earth, LLC, 61 Moreland Road, Simi Valley, California 93065 USA, Attention: Operations. We will send any notice of dispute to you at the contact information we have for you. You and Entertainment Earth agree to attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding in accordance with this section.
If you and Entertainment Earth do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving consumer contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Entertainment Earth both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.
For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Entertainment Earth must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually-agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical places, or in a combined form. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and not by state law. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER APPLICABLE SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY, AND PUNITIVE DAMAGES, AS WELL AS DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF—INCLUDING PUBLIC INJUNCTIVE RELIEF AND ATTORNEYS’ FEES AND COSTS.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Entertainment Earth) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s Website, we will reimburse you for the filing fees you incurred. Further, if you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive for you, Entertainment Earth shall pay those costs and fees regardless of whether you prevail in the arbitration—unless the arbitrator determines that your claim was frivolous.
You and Entertainment Earth empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of the Terms or the arbitration provision—including the formation of the agreement, the arbitrability of any dispute, and any claim that all or any part of the Terms are void or voidable (such as, but not limited to, whether the arbitration provision is unconscionable).
Notwithstanding any provision in these terms to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the state courts of competent jurisdiction located in California, or the U.S. District Court for the Central District of California.
If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in California, or the U.S. District Court for the Central District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial and waive any right to initiate or proceed in a class or collective action. You also remain bound by any and all limitations on liability and damages included in the Terms. This arbitration agreement and class action waiver shall survive termination of your use of the Website or termination of our dealings.
AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION MAY ENFORCE IT IN FULL OF RESPECT TO ANY CLAIMS BETWEEN THEM ON THE ONE HAND AND YOU ON THE OTHER ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, OUR DEALINGS WITH YOU, OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES ARE OUR AGENTS, PRINCIPALS, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, AND MEMBERS. INTENDED BENEFICIARIES ALSO ARE OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, JOINT VENTURERS, CONTRACTORS, ASSIGNS, DESIGNEES, SERVICERS, AND SERVICE PROVIDERS. A SERVICE PROVIDER IS ANY THIRD-PARTY PROVIDING US OR ANY INTENDED BENEFICIARY ANY GOODS OR WEBSITE ARISING OUT OF OR IN ANY WAY RELATING TO OUR DEALINGS WITH YOU OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES INCLUDE PAST, PRESENT, AND FUTURE PERSONS LISTED IN THIS PARAGRAPH. THIS ARBITRATION PROVISION MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION. YOU ALSO ACKNOWLEDGE THAT YOU SHALL BE ESTOPPED FROM DENYING AN OBLIGATION TO ARBITRATE COVERED DISPUTES WITH AN INTENDED BENEFICIARY.
If you wish to opt-out of this agreement to arbitrate, within 45 days of when you first use any of the Website or submit through any of the Website a request for information, you must send Entertainment Earth an email or letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following email address or mailing address AND MUST INCLUDE YOUR FULL NAME, MAILING ADDRESS, AND TELEPHONE NUMBER:
Email Address: [email protected]
Mailing Address: Entertainment Earth, LLC, 61 Moreland Road, Simi Valley, California 93065 USA, Attention: Operations.
If you do not opt-out within 45 days of when you first use any of the Website or submit through the Website a request for information, then you are not eligible to opt-out of this arbitration agreement. In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in California, or the United States District Court for the Central District of California, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in the Terms.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
USE OF ARTIFICIAL INTELLIGENCE
We use features or technologies provided by our third-party service providers that leverage artificial intelligence or machine learning (collectively, “AI”) in connection with our Website to provide enhanced search results and/or product recommendations, and/or to facilitate a more seamless customer service chatbot experience. While we strive for accuracy and relevance, AI-generated content may not always be entirely accurate or up- to-date, and may not reflect personalized advice. Please verify key information with reliable sources and consider consulting with a professional for specific guidance. We do not guarantee the accuracy or completeness of AI-generated content, and users rely on it at their own risk
ACCESSIBILITY
Our Accessibility Statement is available at www.eedistribution.com/s/accessibility-statement/s.
SEVERABILITY
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
FORCE MAJEURE
We shall not be liable for any failure or delay in performance under these Terms of Use caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, internet or telecommunications failures, power outages, or other events outside the affected party’s control. We will make reasonable efforts to resume performance as soon as possible.
YOUR COMMENTS AND CONCERNS
The Website are operated by Entertainment Earth, LLC, 61 Moreland Road, Simi Valley, California 93065 USA. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].
Last Updated: May 29, 2026