Terms and Conditions

Effective Date: ‌January 4, 2021

Introduction

Welcome to Taiyo Boston. Taiyo Boston operates a network of websites and a mobile application serving multiple cities in the United States. By visiting our website, using our mobile app, and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms of Service (hereafter referred to as the "Terms"), along with the terms and conditions as stated in our Privacy Policy which is incorporated herein by reference.

Section 1. Modification

We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms.

Section 2. Acceptable Use

By visiting our websites and mobile application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter, referred to as "Services"), you agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition:

1. You Provide Information To Us. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
2. Your Account Login and Control. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account(s).
3. Accessing Our Services. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
4. Do Not Interfere With or Disrupt Our Services. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
5. Additional Prohibitions. Attempting to or engaging in an act to copy, duplicate, reproduce, sell, trade, scrape, reverse engineer, or resell our Services is strictly prohibited.
6. Your Unauthorized Activities Have Consequences. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. User-Generated Content. We may provide various open communication tools on our websites and mobile application, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our websites and mobile application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
3. contains any type of unauthorized or unsolicited advertising;
4. impersonates any person or entity, including any Taiyo Boston employees or representatives.

Section 3. Customer Experience & Restrictions

1. Placing an Order. Orders must be confirmed before the cutoff time. Available delivery dates and delivery fees will be shown during the ordering process. You may modify or cancel orders via the "Order Detail" section before the cutoff time, or by contacting our Customer Service Department at taiyoboston@gmail.com.
2. Price. The prices displayed through our website may differ from the prices offered by other sellers for the same products, and may not be the lowest prices available. Taiyo Boston reserves the right to change prices at any time, and to limit your order or the quantity of a product you may order. If certain products are not priced correctly, Taiyo Boston may cancel orders for the products. We will contact you immediately and will issue you a refund for the products.
3. Availability. To provide you the freshest products, we receive goods every day, and products are prepared and packed close to delivery time. On occasion, we may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable immediately before the scheduled delivery date. In the event of any supply chain disruption that affects your order, we will deliver the rest of your order and issue you a refund for the unavailable items. In such circumstances, you'll receive a system notification, and see the unavailable item marked as "Out of Stock" on the invoice. If something is missing from your order, and is not marked as "Out of Stock", please submit a refund request via the "Shipped Orders-Return" section on the mobile application or the website, or contact our Customer Service Department at taiyoboston@gmail.com.
4. Cancellations. Before the cutoff time, you may cancel orders via the "My Account" section. We will charge a fee for cancellations made after the cutoff time. The cancellation fee equals the total amount of the restaurant food and any other items that cannot be resold due to the late cancellation.
5. Taiyo Boston Points. Taiyo Boston Points are issued by Taiyo Boston as credits that may be used to purchase eligible goods and services on Taiyo Boston. Taiyo Boston Points can be purchased ("Refundable Taiyo Boston Points", see complete definition below) or earned as rewards ("Non-Refundable Taiyo Boston Points"). To view your Taiyo Boston Points balance or check your account history, visit your Account.

• Limitations. Your Taiyo Boston Points may only be used on eligible goods and services provided by Taiyo Boston and cannot be used on other websites, to purchase additional Taiyo Boston Points, and cannot be sold to other users or transferred to other accounts.
• Refundable Taiyo Boston Points. Refundable Taiyo Boston Points are limited to: (1) Taiyo Boston Points awarded from the Wholesale Commission program; (2) Taiyo Boston Points awarded from the Affiliate Commission earned by group-leaders; and (3) Taiyo Boston Points purchased with money. Any other rewarded Taiyo Boston Points do not have a cash value and CANNOT be returned for a cash refund in the form of a check.
• Non-Refundable Taiyo Boston Points. Non-Refundable Taiyo Boston Points awarded as a bonus, rebate, or incentive (e.g., Taiyo Boston Points awarded for account sign ups, friend referrals, product sharing, review writing, product photo posting) are not refundable (e.g., customer spends $100 which equals 1000 Taiyo Boston Points, but they can get a special promotion with an additional 50 Taiyo Boston Points, the 1000 Taiyo Boston Points are refundable, the 50 Taiyo Boston Points are non-refundable). Upon your request for refund of any Taiyo Boston Points, only Refundable Taiyo Boston Points will be refunded. Non-Refundable Taiyo Boston Points will be forfeited. All refunds will be issued by check.
• Refundable Taiyo Boston Points Become Non-Refundable Upon Use. Once you use Refundable Taiyo Boston Points to make a purchase, the Refundable Taiyo Boston Points become Non-Refundable Taiyo Boston Points. Only unused Refundable Taiyo Boston Points are eligible for a cash refund in the form of a check (e.g., customer has 1000 Refundable Taiyo Boston Points, the customer uses 500 Taiyo Boston Points to place an order and then cancels the order for a refund; the 500 Taiyo Boston Points go back to the customer's account as Non-Refundable Taiyo Boston Points which means the customer can still use the Taiyo Boston Points to place another order but those 500 Taiyo Boston Points are no longer refundable).
• Risk of Loss. Taiyo Boston is not responsible if any Taiyo Boston Points are lost, stolen, destroyed, or used without your permission. You are responsible for protecting your Taiyo Boston Points from unauthorized use. Taiyo Boston bears no liability for any unlawful conduct or fraud using Taiyo Boston Points.

• Delivery Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. At this time, we are unable to confirm a specific delivery time or window due to overwhelming demand. For restaurant dinner deliveries, we make every effort to deliver before a stated deadline noted on our product page.
• Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.
• Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
• Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable Taiyo Boston Points for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. Taiyo Boston will not offer refunds for any subsequent theft claims.
• Delivery Temperature Controls. We do our best to keep all of our products at or beyond the minimum recommended or required temperature thresholds. Upon receipt, we recommend you refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.

• Restaurant Delivery Orders. These products are not eligible for return but they may be eligible for refund by making a request within 24 hours from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at taiyoboston@gmail.com.
• Temperature-Controlled Products (i.e., frozen foods, refrigerated foods). These products are not eligible for return but they may be eligible for refund by making a request within 3 days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at taiyoboston@gmail.com.
• Shelf Stable Food Products (i.e., products that can be safely stored at room temperature for at least 30 days from the date of delivery). These products are not eligible for return but they may be eligible for refund by making a request within 7 days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at taiyoboston@gmail.com.
• Medicine + Herbal Treatments. These products are not eligible for return but they may be eligible for refund by making a request within 30 days of delivery.
• Electronics, Cooking Utensils, Other Non-Food Products. These products are eligible for return within 30 days of delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at taiyoboston@gmail.com.

To request a refund, visit the "My Account" section, or contact our Customer Service Department at taiyoboston@gmail.com. Unless otherwise noted above, all refund requests must be submitted within 48 hours from the date of delivery.

1. Restaurant To-Go Orders. Customers can choose their own entrees from a pre-selected menu of items from one of Taiyo Boston's restaurant partners ("Restaurant To-Go Orders"). Restaurant To Go Orders are subject to these additional terms and conditions, which are subject to change from time to time:

• Availability. Restaurant To-Go Orders are available daily in limited quantities from restaurants selected by Taiyo Boston.
• Delivery. Restaurant To-Go Orders will be delivered between the hours of 3:00 PM to 6:30 PM. We strive to deliver all hot delivery orders by 6:30 PM, but cannot guarantee this due to traffic conditions or other unforeseen circumstances.
• Delivery Fees. Restaurant To-Go Orders under $35 are subject to a $5 delivery charge. Restaurant To-Go Orders are delivered free of charge if the total value exceeds $35 from one or each restaurant. However, depending on your delivery area determined by zip code, some Restaurant To-Go Orders in the Seattle Area are delivered free of charge only if the total value exceeds $59 from one or each restaurant.
• NOTE:Restaurant To-Go Orders from each separate restaurant are delivered separately and have their own $35 free delivery minimum.
• Delivery Order Cut-Off. Restaurant To-Go Orders may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
• No Combination With Other Orders. Restaurant To-Go Orders are ordered and delivered separately from, and cannot be combined with any other orders (e.g., grocery, other bundle orders).
• Coupons. Coupons can be applied to Restaurant To-Go Orders, but may not be combined with any other promotions or discounts.

• Availability. Hot Dish Bundles are available daily in limited quantities from restaurants selected by Taiyo Boston.
• Delivery. Hot Dish Bundles will be delivered between the hours of 3:00 PM to 6:30 PM.
• Delivery Fees. Hot Dish Bundles under $35XXX are subject to a $5 delivery charge. Hot Dish Bundles are delivered free of charge if the total value exceeds $35. However, depending on your delivery area determined by zip code, some Hot Dish Bundles in the Seattle Area are delivered free of charge only if the total value exceeds $59XXX
• Delivery Order Cut-Off. Hot Dish Bundles may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
• No Combination With Other Orders. Hot Dish Bundles are ordered and delivered separately from, and cannot be combined with any other orders (e.g., grocery, other bundle orders).
• Coupons. Coupons can be applied to Hot Dish Bundles, but may not be combined with any other promotions or discounts.

• Availability. Deli Bundles are available daily in limited quantities from restaurants selected by Taiyo Boston.
• Delivery. Deli Bundles will be delivered between the hours of 9:30 AM to 8:00 PM.
• Delivery Fees. Deli Bundles under $35 are subject to a $5 delivery charge. Deli Bundles are delivered free of charge if the total value exceeds $35. However, depending on your delivery area determined by zip code, some Deli Bundles in the Seattle Area are delivered free of charge only if the total value exceeds $59.
• Delivery Order Cut-Off. Deli Bundles may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
• No Combination With Other Orders. Deli Bundles are ordered and delivered separately from, and cannot be combined with any other orders (e.g., grocery, other bundle orders).
• Coupons. Coupons can be applied to Deli Bundles, but may not be combined with any other promotions or discounts.
• Fresh Seafood Deliveries. Upon delivery, raw seafood is guaranteed to be fresh, not live. Seafood advertised as "live" is always packed alive at the point of shipment but in some cases, may not remain alive upon or after delivery.

Section 4. Taiyo Boston VIP Membership

Taiyo Boston VIP Members enjoy member-only pricing, discounts on delivery fees, and 2% rebates in Taiyo Boston Points with the purchase of eligible goods and services provided by Taiyo Boston. Members do not receive 2% rebates when they purchase from third-party postings. Taiyo Boston VIP Membership fees are not refundable.

Section 5. Promotions & Discounts

Taiyo Boston, at its sole discretion, reserves the right to offer promotions and discounts with different features and different rates to our users, and may modify, suspend, terminate, or cancel any promotions or discounts at any time without notice and for any or no reason. A promotion or discount cannot be transferred or resold, cannot be used for non-qualifying or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be limited or rescinded. Only 1 coupon can be used per order.

Abuse of any promotion or discount, including the use of multiple accounts associated with the same customer or group of customers, is a violation of our policy, and will result in order cancellation in addition to suspension or termination of the account. For example, if Taiyo Boston finds that users are creating duplicate accounts to use limited promotions or coupons multiple times, Taiyo Boston reserves the right to cancel or void the order, and close the customer account.

Section 6. Third-Parties

Taiyo Boston may allow you to purchase, receive, or use products, content, information, offers, and services from certain third-parties. When Taiyo Boston makes these third-party services or products available or partners with them on advertising campaigns, Taiyo Boston acts only as the link between you and such third-parties, and should not be interpreted as an endorsement. You agree that Taiyo Boston does not assume responsibility and will have no liability for the purchase, payment, warranty, delivery, or maintenance, of any of these third-party products or services.

Section 7. Push Notifications, Telephone Calls, and Text Messages

You agree that Taiyo Boston may send you sales and marketing communications, such as by email, app-based push notification through the Taiyo Boston app, or text messages. You can opt out of receiving Taiyo Boston sales and marketing communications at any time by following the unsubscribe instructions in those messages. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device. You may be given the opportunity to opt in to Taiyo Boston message programs which provide updates regarding product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

Section 8. Licensing Rights

1. Taiyo Boston Content & Partner Content. Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Taiyo Boston and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Taiyo Boston and our licensors reserve all rights in and to our Services. Taiyo Boston grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in account suspension or termination.
2. User Generated Content. Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Taiyo Boston, you retain all rights in and to your User Content. You grant Taiyo Boston a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
3. Your Feedback. Taiyo Boston is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

Section 9. Disclaimers

The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, Taiyo Boston disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). Taiyo Boston does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. Taiyo Boston does not make any representations or warranties regarding the access or use of, or the results of the use of, the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Services or services offered through the Services) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

Section 10. Limitation of Liability

To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall Taiyo Boston be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Services; or (vi) any other matter related to the Services, even if Taiyo Boston or a Taiyo Boston representative has been advised of the possibility of such damages.

Notwithstanding the foregoing, Taiyo Boston's total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of Taiyo Boston), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Taiyo Boston (if any) during the 30 day period preceding the date of such claim. If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.

Section 11. Indemnification

You agree to indemnify and hold harmless Taiyo Boston and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation as is reasonably requested by us.

Section 12. Arbitration Agreement

If you are a Taiyo Boston member in the United States (including its possessions and territories), you and Taiyo Boston agree that any dispute, claim or controversy arising out of or relating in any way to the Taiyo Boston Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Taiyo Boston are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Taiyo Boston membership.

If you elect to seek arbitration or file a small claims court action, you must first send to Taiyo Boston, by certified mail, a written Notice of your claim ("Notice"). The Notice to Taiyo Boston must be addressed to: Legal Department, Taiyo Boston Inc., 47560 Seabridge Drive, Fremont, CA 94538 ("Notice Address"). If Taiyo Boston initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Taiyo Boston, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Taiyo Boston and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Taiyo Boston may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Taiyo Boston receives notice at the Notice Address that you have commenced arbitration, Taiyo Boston will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Taiyo Boston and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Taiyo Boston's last written settlement offer made before an arbitrator was selected (or if Taiyo Boston did not make a settlement offer before an arbitrator was selected), then Taiyo Boston will pay you the amount of the award or US$250, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND TAIYO BOSTON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Taiyo Boston agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Section 13. Notice to California Consumers

Please contact Customer Service through the Help Center on our website if you have concerns, complaints, or feedback. For your reference, the State of California's Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing.

As a California resident, under Proposition 65, you are entitled to notice when a Product contains a chemical, listed by and known to the State of California, to which exposure at a significant risk level can increase the risk of cancer and/or to be a reproductive toxicant. For information about Proposition 65, go to www.P65Warnings.ca.gov.

Section 14. Governing Law

These Terms and any other matters related to or arising from your use of the Services, shall be governed by and construed in accordance with the laws of the state of Delaware, without resort to its conflict of law principles.

Section 15. Customer Support

To find more information about our Services, if you need assistance with your account, or have questions about your order, please visit the Taiyo Boston Help Center on our website. In the event of any conflict between these Terms and information provided by Customer Service or other portions of our Services, these Terms will control.

Section 16. Survival

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Section 17. Changes to Terms and Assignment

Taiyo Boston may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. Taiyo Boston may assign these Terms and any other agreements with you to any affiliated company or to any entity that controls all or substantially all of our business or assets related to the applicable Services and/or Taiyo Boston.

Section 18. Communication Preferences

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.