Terms & Conditions

TERMS & CONDITIONS

Welcome to the An8th web site (“the Site,” "our Site," "Website," “we,” “us,” or “our,”) located at www.an8th.com. These Terms and Conditions of Use (Terms and Conditions) apply to an8th.com and all its products, services, applications and your use of an8th.com (collectively, the "Site"). BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.  

We reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use, at any time. It is your responsibility to check these Terms and Conditions of Use periodically for changes Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

General

The Site is provided by AGPC Anan Goldcore Pacifica Concordia Corporation (AGPC) doing business as An8th.  Use of an8th.com (as defined below) provided by AGPC and their affiliates (collectively, “An8th,” “we,” “us,” “our,” “the Site,” “our Site,” “Website,”), any related applications (apps) that An8th may provide, together with all products and services An8th may offer from time to time via an8th.com and/or related apps, An8th’s related social media sites with pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with An8th (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions herein (“Terms and Conditions”). We provide the Site, including all information, tools, and services available from the Site to you, the user, and our customers.You agree to be bound by the following terms and conditions ("Terms & Conditions") governing your use of this website. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE. 

Please review the following terms and conditions (“Terms”) that govern your use of and purchase of products from (collectively, “Use”) an8th.com and any An8th brand mobile applications (collectively, the “Site”). The Site is provided by AGPC Anan Goldcore Pacifica Concordia Corporation (“APGC”). By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms.

THESE TERMS INCLUDE A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT TO RESOLVE DISPUTES. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. THE PARTIES AGREES TO ARBITRATE SOLEY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS DO NOT PERMIT CLASSS ARBITRATION, OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR ANY CALSS MEMBER OR REPRESENTATIVE ARBITRATION PROCEEDING. DETAILS ARE SET FORTH IN SECTION BELOW. PLEASE REVIEW CAREFULLY.

An8th.com (the Site), names, trademarks, logos, designs, text, and graphics used on this website, the selection and arrangement thereof, and all other materials used on this website, are and shall remain owned by AGPC.

An8th.com is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell products and services to you.

Eligibility

You must be at least 18 years old to Use the Site.  If you are under the age of majority in you state of residence (a minor), your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and Use the Site with permission from your parent and/or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without prior notice or warning if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 years of age and represent yourself as under 18 years of age.

Accounts & Registration

You must set up a user account to use certain features of the Site (“Account”), such as when you register of a shopping account and participate in services including Wish List, Product Reviews, and An8th social. Your will need to provide a password, username, another information such as your name and email address.  You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs uner your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify An8th customer service immediately of any unauthorized use or any breach of security on your Account. An8th will not be liable for losses incurred as a result of an unauthorized use of a password or account. Personal information submitted through the Site is governed according to AN8TH’s Privacy Policy.

Shipping & Processing

For information regarding shipping, processing, and other shipping options, please review our Shipping, Processing and Exchange page.

Merchandise Availability

Merchandise or Product availability on our Site is not guaranteed as the stock may vary time to time and it may be low in stock. If the product is not available by the time your order processes, we will notify you of this via email. You can always check and verify availability by emailing Customer Service at service@an8th.com. You will receive a shipping confirmation email once your items have shipped.

Product Description

An8th endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, An8th does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. An8th reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Product Information

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may be not be as accurate. Errors, inaccuracies, and accidents do occur. We do not represent or warrant that the information on this site is accurate, complete, current, or without errors. This includes colors, pricing, details, and availability information. An8th have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. An8th reserve the right to correct any errors or omissions, and to update any information at any time without any prior notice.

Product Pricing and Payment

The price for all goods will be as quoted as is on the An8th website. The prices displayed on the An8th website are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering.

Transactions

All orders placed by you are subject to acceptance by An8th and all items are subject to availability.

Acknowledgement of your order or the receipt by you of an order confirmation means that An8th has received your order request; it does not mean and/or constitute that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. An8th may in its discretion require additional verification or information before accepting any order.

An8th reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.

An8threserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

Refusal Of Service

An8th reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, or any or no reason, at any time in its sole discretion, with or without notice to you. Further, you breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences.

Compliance With Law

You agree to comply with all applicable laws, statues, ordinances, and regulations regarding your use of the An8th website, your use of An8th social media pages, and your purchase of items from An8th on the An8th website.

Risk of Loss

All purchases through the Services are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon An8th’s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/ or lost shipments.

Copyright

All content of our web site (including text, graphics, logos, button icons, images, and software) is the property of An8th or our suppliers and is protected by United States and international copyright laws. All rights reserved. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

You may electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with butsince.com. Any other use of our web site, including reproduction and internet links, is strictly prohibited without our prior written permission.

Trademark

An8th and its related marks are trademarks and service marks of An8th and AGPC.  All rights reserved.

All other trademarks, service marks, product names, company names and logos appearing on the Site are the property of their respective owners.

Any use of trademarks, service marks, product names, company names and logos appearing on the Site is strictly prohibited without our prior written permission.

Membership

Membership at an8th.com is free of charge.  Membership is available to users above the age of 18, and to member who, at our discretions is at good standing and/or member whose membership have not been revoked or suspended.

Members agree to all terms of use and must apply for membership.

Comments, Feedback & Other Submissions.

We welcome all comments, feedback, postcards, suggestions, ideas, and other submissions regarding our Site, our brands, our products and our services.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to An8th on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain the property of An8th. Such disclosure, submission or offer of any Comments shall constitute an assignment to An8th of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, An8th will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.  An8th is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Privacy

An8th and each of its affiliates (collectively, An8th, “we,” “us,” “our”) respect your privacy and are committed to protection personal information we hold about you. Please review the Privacy Policy for more information.

License to Your Content

By posting, displaying, uploading, or providing User Content to the Site or Social Media Assets, you hereby grant An8th a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.

Links to Other Websites and Services

•  The Site may contain links to other websites maintained by third parties (“Linked Sites”) that are not under the control of An8th.
• An8th has no responsibility for the linked websites nor does it necessarily endorse the linked websites.
• An8th provides the links solely for the convenience and information of its Site users.

Disclaimer

We make no representations or warranties of any kind, express or implied to the site.  Except as otherwise expressly provided, An8th, this site, all contents and all products, all information, and all services are provided on an “as is” basis. An8th disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for any particular purpose. An8th does not warrant that your use of this site will be uninterrupted or error free, or your use of this site or its server are free of viruses or other harmful elements. Although An8th endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Your use of the site is at your own risk.

We strive to offer a unique selection of the brand names, highest quality products and services.  We proudly stand behind the authenticity of our goods. In some instances, these goods were not obtained directly from the brand names, designers, and/or labels but rather have been purchased from reputable resellers at a discount. In this regard, we expressly disclaim any indication that it is an authorized dealer or agent of any of the brand names, designers, and/or labels whose goods are offered on this site. 

• We expressly disclaim any indication that it is an authorized dealer or agent of any of the brand names, designers, and/or labels whose goods are offered on this site.
• We disclaim any express or implied representation or warranties with regard to this site or its contents, including the merchandise offered on this site.
• AN8TH IS PROVIDING THIS SITE, ITS CONTENTS, AND ALL MERCHANDISE ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, NEITHER EXPRESS NOR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. 
• We expressly disclaim any duty to update or revise the materials on this site, although we may modify the materials at any time without notice.
• BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING AND REPAIRS OF ANY EQUIPMENT USE IN CONNECTION WITH YOUR USE OF THIS SITE.
• YOU FURTHER ACKNOWLEDGE THAT AN8TH, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS PARTNERS, ITS CONTRACTORS, ITS SUBCONTRACTORS, ITS TEMPORARY RESOURES, ITS SUPPLIERS, ITS AFFLIATES, ITS AGENTS, ITS TRANSFEREES, ITS CONSULTANTS, ITS LICENSORS, ITS LICENSEES, AND THEIR AFFLIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, TEMPORARY RESOURCES, SUPPLIERS, PROVIDERS, CONTRACTORS, SUBCONTRACTORS, LICENSORS, SUBSIDIARIES, JOINT VENTURES, AFFLIATES, TRANSFEREES, SUCCESSORS OR ASSINEES OF EACH, INCLUDING BUT NOT LMITED TO ALL THIRD PARTIES MENTIONED AT THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE.

Indemnification

YOU HERBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF AN8TH, ITS PARTNERS, ITS LICENSORS, AND THEIR AFFLIATES, MEMBERS,  OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, TEMPORARY RESOURCES, SUPPLIERS, PROVIDERS, CONTRACTORS, SUBCONTRACTORS, LICENSORS, SUBSIDIARIES, JOINT VENTURES, EMPLOYESS, AFFLIATES, TRANSFEREES, SUCCESSORS OR ASSIGNEES OF EACH, INCLUDING ALL THIRD PARTIES MENTIONED AT THE WEBSITE FROM AND AGAINST ANY AND ALL CLAIMS, ACTIOINS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES ALLEGING OR RESULTING FROM OR RELATED TO YOUR USE OF THE SITE AND THE CONTENT OR YOUR BREACH OF THE TERMS OF USE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

Limitation of Liability

You expressly understand and agreed that An8th, its partners, its directors, its employees, nor its affiliated or related entities or its vendors or its content providers or their third party providers or licensors shall not be liable to you, any person or entity for any direct or indirect loss, damage (whether actual, direct, indirect, incidental, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or use or inability to use this site, or any information or materials provided on butsince.com or the performance of its products or the products on butsince.com (even if we have been advised of the possibility of such damages). To the extent permitted by law, in no event shall An8th’s total liability to you for all damages, losses or causes of action shall exceed the amounts you have paid to us at an8th.com under this agreement; provided, however, that the foregoing limitation of liability shall not apply with respect to any liability arising from gross negligence and willful misconduct.

An8th is not liable for any defamatory, offensive or illegal conduct of any user.  If you are dissatisfied with the site, or with any of An8th’s terms of use or any materials on the site, your sole and exclusive remedy is to discontinue using the site.

Minor & Family Members

We do not sell products for purchase by children. We may, however, sell children's products for purchase by adults. An8th is not intended or directed to individuals under the age of 18. We reserve the right to refuse service to any person for any reason.

Dispute Resolution

We are here to assist you and address any of your concerns and needs. Our Customer Service Specialists are ready to assist you and address your concerns—email service@an8th.com or call 1.888.288.3033,  M-F 10AM - 7PM CST.

For purposes of this Section Dispute Resolution, "An8th" shall include its parent company, subsidiaries, affiliates, agents, officers, directors, employees, contractors, sub-contractors, agents, consultants, transferees, licensors, licensees, predecessors in interest, successors, and assigns.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR AN8TH WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If you and An8th have a Dispute (defined below) and our customer service team is unable to resolve the concern, you and An8th agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a verified Notice to the other party that describes the Dispute. The Notice must include the initiating party's name and contact information (address, telephone number, and email address), sufficient information to enable the other party to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. Your Notice shall be sent by email to: info@an8th.com or by mail to: An8th, Attn: General Counsel and Corporate Secretary, PO Box 1185, Studio City, CA 91614. You must personally sign the Notice. An8th's Notice shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the Notice, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or An8th may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you and we agree that, except as set forth below, all claims, controversies, or disputes between you and An8th will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and An8th, your access or Use of an8th.com website or any products or services offered by or purchased from An8th through an8th.com whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH AN8TH IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party's individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

We agree that the arbitration will be administered by the American Arbitration Association ("AAA"), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.) To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or AN8TH must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Dispute Resolution Section and completed the information dispute resolution process referenced above to: AN8TH., Attn: General Counsel and Corporate Secretary, PO Box 1185 Studio City, CA 91614 or to the most recent address we have on file for you, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration.

The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. You and an AN8TH representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator. Notwithstanding anything to the contrary, AN8TH will pay all fees and costs that we are required by law to pay.

AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS IN ARBITRATION AND LITIGATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if AN8TH makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

Applicable Law & Venue

By visiting www.an8th.com, you agree that the laws of the State of California will govern these Terms of Use and any dispute of any sort that might arises. This agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions.

Termination

These Terms are effective until terminated by An8th. An8th may terminate these terms without notice and at any time.   In the event of termination, you are no longer authorized to access the An8th.com website and the restrictions imposed on you with respect to the Content as defined below, and the disclaimers, indemnities, and limitations set forth in these Terms shall survive termination.

An8th shall also have the right without notice and at any time to terminate the An8th website or any portion thereof, or any products or services offered through the An8th.com website, or to terminate any individual’s right to access or use the An8th.com website or any portion thereof.

Additional Terms, Modification & Severability, Miscellaneous

We reserve the right to update, to add, to change, or to modify these Terms & Conditions at any time without prior notice. Any such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions of use on the an8th website. We encourage you to review these terms periodically.