Terms of Use of Anime 12 LLC

Welcome!

Thank you for visiting Anime 12 LLC, a Texas limited liability company, (“Anime 12,” “we,” “our,” or “us”) online, as well as for reviewing these Terms of Use and our Privacy Policy carefully because they affect your legal rights, including your right to resolve disputes that may arise between Anime 12 and you.  We want every user of our website to enjoy their visit and utilization of same.  In order to accomplish this mutual enjoyment, we’ve set in place the following Terms of Use that we expect all our users and visitors to abide by.  

General Acceptance

While you are a visitor of, or are otherwise utilizing, our website, www.anime-12.com, you acknowledge, accept, and agree to abide by the Terms of Use stated herein.  These Terms of Use constitute a valid, binding contract between you and Anime 12, and also sets out your rights and responsibilities while utilizing our website.  As such, we ask that you please read these Terms of Use very carefully.  Remember, by utilizing our website, even as a visitor who has not consummated any functions through using our website, you agree to our Terms of Use, so if you do not agree with our Terms of Use, then you may not utilize our website.  

Specific Practice Policies

In order to better serve our users and ensure that we are always optimizing the benefits and enjoyment provided through our website, we have established certain specific policies regarding same, indicated below.

Overview.  Our goals and objectives include providing our users with the option to purchase high quality medical apparel.  To accomplish these goals and objectives, Anime 12 has created a more focused and involved method of transforming simple clothing items (e.g., scrubs) into an expression of one’s personality and interests.  As you may imagine, this was no small task, yet we accepted the challenge of improving our users’ professional wardrobe by addressing one of the most taken-for-grated aspects of medical professionals (i.e. stylish medical apparel!) with vigor, hope, and excitement.  Besides the happier aspects provided through use and utilization of our website, however, we also had to ensure that the safety and experience of our users was of top priority.  Thus, Anime 12 has implemented certain measures to protect not only yourself and the other uses of the Anime 12 website, but Anime 12 as well.  

Eligibility. Each user of our website must be at least eighteen (18) years of age.  

Orders, Returns, and Shipments.  Even if you haven’t experience it yourself, you’ve likely heard proverbial tales of “boring scrubs.”  We want to help you avoid that, which is the entire mantra of Anime 12, generally.  Anime 12 makes every effort to display accurate product information, including prices and descriptions.  However, we’re aware that not everything, or everyone, can be perfect all the time, so we at Anime 12 acknowledge that there may be instances when product information on our website may contain errors.  Anime 12 reserves the right to correct any errors in product information, prices, or descriptions published on our website.  If you are unhappy with one of our products, please review our return policy on our website.  We also aim to process and ship orders promptly.  By using our website, you acknowledge, understand, and agree that shipping times may vary based on your location.  The use and utilization of our website also constitutes a release of Anime 12 of any responsibility, warranty, obligation, or liability related to or arising from late shipments and errors in product descriptions. 

Product Data

As discussed herein, our website collects and processes important data necessary for the operation and use of our website.  While we may make this data available to you as a user of our website at your request, and while you are free to retain a copy of this data, this data is the sole and specific property of Anime 12.  This means that while you are able to retain and use the data generated through use of our website for your own personal purposes, you are expressly prohibited from attempting to commercialize this data or use this data in any manner that generates profit.  The data generated through use of our website is the foundation of our objectives and core business, and Anime 12 alone has the sole and absolute right to commercialize this data or utilize this data for any purpose related to generating profit, including the sole and absolute right to sell this data.

By using our website, you unequivocally acknowledge, understand, and agree that the data generated through such usage is the sole property of Anime 12, that you shall not make any attempt to commercialize or utilize this data for profit, and that only Anime 12 has the right to commercialize and utilize the data for profit.

Remember, we certainly do not mind that you retain a copy of the data generated by your use of our website.  In fact, we encourage you to review and maintain such data if it helps you further utilize our website to its fullest potential.  However, please understand that any attempt by you to commercialize or generate profit using this data is unlawful, and, as such, any profits generated by any such unlawful attempts shall also automatically be the sole property of Anime 12.

Data Governance

The utilization of our website inherently involves the inclusion of personal information provided by you that may relate to your personal contact and/or identifying information, as well as your personal financial accounts.  The transmission of this information is required and inherent in the utilization of our website, as you must provide this information in order to purchase clothing products.  If any purchases are made through our website, such information may be further transmitted to any third-party payor processor we utilize in conducting and operating our website.

Please note, however, that it is your sole and exclusive responsible to ensure the privacy and confidentiality of any financial and/or personal identifying information that you submit through our website, including any login and password that you create through utilization of our website.  In the event that you discover any such login, password, and/or information has been comprised or is being used by a party that does not have your permission to do so, then you must immediately contact Anime 12 so that we may freeze your account and prevent any further unauthorized transactions from being consummated.  To be clear, you shall remain liable for any activity consummated through utilization of our account that uses your login, password, and/or information for same.  Anime 12 cannot and does not excuse any liability or responsibility which you may have regarding such unauthorized use through utilization of our website.  Further, Anime 12 is not a party to the interactions that occur between you and any other user of our website, including any third-party payor processors managing purchases made through our website that arise through the use or utilization of our website.

You are solely and exclusively responsible for all information that you submit within the website and explicitly understand that such submission of information may not always be withdrawn once submitted.  You further expressly acknowledge, assume, agree, and accept all risk associated with the submission of your information within our website and the transmission of your information to any local governmental authority or policing agency or any third-party payor processor.  You also warrant and represent that any information submitted by you through the use of our website is solely and exclusively owned by you or that you have the express permission to submit said information.  In the event you submit any information during the utilization of our website that is not owned by you, to which you do not have permission of use, or violates any right, title, or interest of any third-party, you explicitly acknowledge, understand, and agree that you are potentially exposing yourself to legal liability and that Anime 12 is not in any way responsible for such exposure. 

As mentioned herein, we will use any information you submit to us by transmitting said information to any third-parties who will, or must, use said information in order to confirm your identity and associated financial accounts, and also use said information to process any payment associated with the utilization of our website.  You expressly acknowledge, understand, and agree that Anime 12 has no control over the actions of any third-party, including such third-party’s utilization of your information, and you further expressly understand and agree that Anime 12 shall not be held accountable for any misuse of your information by such third-parties.  Anime 12 will always transmit your information using secure, encrypted electronic transmission services and shall only transmit your information to third-parties that demonstrate the ability to securely receive and maintain your information.

Your information you submit through utilization of our website is owned by you and Anime 12 does not claim any ownership or interest in said information.  However, by using our website you grant Anime 12 express permission to transmit your data to third-parties, as stated herein, as well as retain such data in order to assist and enhance your utilization of our website.  

Third-Party Data

Our website may host and present information and/or content, such as links and/or advertisements, regarding other companies, websites, and/or mobile applications (“Third-Party Content”).  Anime 12 neither endorses nor controls the information or data displayed, advertised, or otherwise represented through this Third-Party Content.  Your use or utilization of any such Third-Party Content is done at your own risk and you expressly agree that Anime 12 is not responsible for any aspect of such Third-Party Content.  You further acknowledge that such Third-Party Content may require consent to additional third-party terms of service or use, privacy policies, or other terms and provisions that are not reprinted here and for which you remain responsible to familiarize, learn, and follow.

Anime 12 does not review, filter, or otherwise screen or censor any Third-Party Content, and Anime 12 may remove such Third-Party Content, in Anime 12’s sole and absolute discretion, in the event said Third-Party Content violates these Terms of Use or commits any other action Anime 12 deems to be violative of Anime 12’s goals and/or purpose.  As such, we do not guarantee the accuracy, reliability, or quality of any Third-Party Content which you may be presented with through utilization of our website, and any further exchange, submission, or transmission of data or information between you and any third-party, including the consummation of any transactions of any kind, is solely between you and said third-party and Anime 12 has no liability or responsibility with regard to same.

Intellectual Property

All aspects of our website is the sole property of Anime 12.  This specifically includes, but is not limited to, all intellectual property associated with our website, such as design aspects, all technology used by or associated with our website, any copyrights, trademarks, or trade associated with our website or Anime 12 LLC, generally, and any patent rights associated with our website.  

While your use and utilization of our website provides Anime 12 the information necessary to continue optimizing the same and providing for your continued use and enjoyment of our website, your use and utilization of same allows you access to view certain intellectual property of Anime 12.  Thus, while you may view, navigate, and utilize any information or data generated by Anime 12 through your usage and utilization our website, this is only allowed for solely non-commercial and non-financial personal purposes, and the intellectual property associated with our website does, and shall always, remain exclusively with Anime 12.

Further, we continuously strive to ensure that we do not infringe upon the intellectual property of others, whether it be trademark, copyright, trade secret, or patent, and we want your help in making ensure that the rights of everyone utilizing our website, whether as a user, vendor, third-party payor processor, or otherwise, does the same.  Thus, we ask that if you see any information or activity you believe to be infringing upon the intellectual property of either Anime 12, any other user or visitor of our website, or any third-party, you let us know immediately.  We will investigate the situation after receiving such a report, but Anime 12 expressly disclaims any liability for such investigation.  Rest assured that your reports to us will be held in strict confidence.

By utilizing our website, you are granting Anime 12 a non-exclusive license to submit, use, and transmit any information you make available through the use of our website.  This license shall be worldwide, royalty-free, sub-licensable, irrevocable, and perpetual.  If that sounds like scary legal language, don’t worry.  We do not want to steal or misappropriate the proof of your successful use of our website.  If we did that, we’d be doing both you and us a disservice.  What we do want to do, however, is have the ability to ensure that your use and utilization of our website are successful, so as to promote both your safety and experience as well as ours.  In this way, we want to help you because that helps us both.  

Also by utilizing our website, Anime 12 grants to you a non-exclusive, revocable, and non-transferable license to use the services and publicly-shared information offered through our website for non-commercial, non-profit-oriented personal purposes.  As a condition of this license, you agree not to use the services provided through our website to perform and illegitimate or illegal actions, including, but not limited to, misappropriating the data generated through use of our website or the original content of our website, breaking any law of any domestic or foreign jurisdiction, or avoid any fees or taxes incurred as a result of use of our website.  

Please note that all images, written words, logos, and other media which appears on our website is the federally protected intellectual property, whether trademark, copyright, or otherwise, of Anime 12, and any unauthorized use of such media shall be considered as an unlawful violation of Anime 12’s exclusive ownership rights of such media and prosecuted to the fullest extent the law allows. 

Product Information 

The prices displayed on the Sites are quoted in U.S. Dollars and are currently available exclusively online purchase via the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.

We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

Accuracy

We try to do our best, but we are not always perfect. Please note that information on the website may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Anime 12 reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Anime 12 discovers price errors, they will be corrected on Anime 12’s systems, and the corrected price will apply to your order.

Prohibited Use and Utilization

Through your use and utilization of our website, you expressly acknowledge, understand, and agree that you (1) will not utilize our website in any way which violates any applicable law of any jurisdiction that may apply to such use; (2) will not utilize our website in any way which violates these Terms of Use or any related policies that are promulgated by Anime 12 and apply to your use of our website, as amended from time to time; (3) will not submit or transmit any information that infringes upon the intellectual property or confidential or proprietary rights of any other third-party in conflict with any applicable law of any jurisdiction that may apply to such action; (4) will not submit fraudulent or false information through utilization of our website that is designed to mislead or falsify your identity or assume the identity of any other third-party; (5) will not actually, or attempt to, reverse-engineer or gain unauthorized, unlawful access to any aspect of our website, including our computer systems, computer servers, or computer networks; and (6) will not attempt to damage or disrupt our website, whether through computer viruses, harmful programs, or otherwise.

General Disclaimers of Warranty

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, PROVIDE OUR WEBSITE, AND THE SERVICES AND PRODUCTS OFFERED THROUGH UTILIZATION OF SAME “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION EITHER EXPRESS, IMPLIED, OR STATUTORY.  FURTHER, WE DISCLAIM ANY AND ALL WARRANTIES POTENTIALLY APPLICABLE TO OUR WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  

Right to Change the Site

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature, or product offered through the Site.

Indemnity

You expressly acknowledge, understand, and agree to indemnify, hold harmless, and defend Anime 12, its affiliates, subsidiaries, officers, directors, employees, representatives, and agent from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses, including costs of court and attorney’s fees, arising out of our relating to (1) your access or use of our website; (2) your violation of any applicable law of any applicable jurisdiction; (3) your violation of these Terms of Use; (4) your breach of any representation or warranty provided by you to Anime 12 pursuant to these Terms of Use; (5) any products purchases or transacted for by you through utilization of our website; or (6) your infringement, or the infringement by any third-party using your access to our website, of any intellectual property or other right of any third-party.  Anime 12 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Anime 12 and you agree to cooperate with our defense of said matter.  You further agree not to settle any such matter without the prior written consent of Anime 12.  You further agree to immediately notify Anime 12 of any such claim or matter and Anime 12 shall use all reasonable efforts to notify you of the same upon Anime 12 being notified of the same.

Dispute Resolution

In the event of any dispute that arises between you and Anime 12 regarding these Terms of Use, your utilization of our website, you specifically acknowledge, understand, and agree that such dispute shall be subject to and resolved pursuant to the alternative dispute resolution procedures contemplated and described immediately below without the use of litigation in any circumstance.

In any such dispute, the dispute shall:

1. Be promptly negotiated between you and Anime 12 in good faith. 

2. In the event that such negotiation fails or upon the expiration or thirty (30) days of the event(s) giving rise to the dispute, whichever is sooner, the dispute shall then be submitted to non-binding mediation.  The Party that first delivers notice of a dispute shall apply to the American Arbitration Association for a mediator, with the mediation to take place in via remote telecommunication means, unless otherwise agreed upon by the you and Anime 12.

3. In the event mediation fails to resolve all of the issues between you and Anime 12, or if mediation is not held within sixty (60) days of the event(s) giving rise to the dispute, then the matter or any remaining matters shall be submitted to final, non-appealable, binding arbitration.  The arbitration shall be held by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  The place of arbitration shall be via remote telecommunication means, unless otherwise agreed upon by the you and Anime 12.  The arbitration will be conducted in English.  The arbitrator may issue any preliminary, injunctive, and/or equitable relief.  Nothing herein will serve to restrict the ability to apply for emergency relief.  Either you or Anime 12 may, after failure of the negotiation and mediation procedures contemplated and described herein, commence arbitration of the dispute by sending a written request for arbitration to the other party.  The request shall state the nature of the dispute to be resolved by arbitration, and arbitration shall be commenced as soon as practical after the non-notifying party has received a copy of the written request.  Neither you nor Anime 12 may bring suit regarding any disputes, controversies, or claims subject to these Terms of Use or these alternative dispute resolution procedures in any venue other than an arbitration pursuant to same, except in order to enforce this arbitration agreement or enforce an arbitral award made pursuant to this arbitration agreement.  In the event that either you or Anime 12 attempts to bring an action in violation of this arbitration agreement, both you and Anime 12 agree that the other party will be entitled to the arbitrator or judge entering an injunction to enjoin such unauthorized action.  You and Anime 12 shall initially share the cost of arbitration, but the prevailing party shall be awarded attorney’s fees, costs, and other expenses of arbitration.  All arbitration decisions shall be final, binding, and conclusive on all parties, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so.  You and Anime 12 agree that the arbitral award shall be recognized by any applicable courts pursuant to all applicable statues, conventions, and treaties. 

DMCA and Copyright Disclaimer

Anime 12 is an online service provider as defined in the Digital Millennium Copyright Act of Title 17, Chapter 5, of the United States Code.  We may at times provide legal copyright owners the ability to upload and publish various images and other media through our website.  While we may allow our users to perform these tasks, we do not screen, review, or otherwise monitor the various images and other media uploaded through our website by our users except for what we consider to me immoral, overly graphic, or pornographic in nature or content.  Any such information shall not be allowed and considered a violation of these Terms of Use.  Any party publishing said information to our website shall be removed and dismissed from same, and any further use shall be foreclosed to such party.  

We at Anime 12 take copyright violation seriously and will assist in any way possible to protect the rights of legal copyright owners, whether they be our users or otherwise.  If you are a legal copyright owner whose copyrighted content appears on our website without your express authorization, then notify us in writing immediately so that we may identify and confirm the allegedly infringing content and take all appropriate actions to resolve same.  

In the event you send us such written notice of alleged infringement copyrighted content, please make sure that you include all identifying information necessary to confirm both the content and your ability to act on behalf of that content.  Specifically, please make sure to include the following in your written notice. 

1. The name and contact information of the owner, or authorized representative of the owner, of the copyrighted content allegedly being infringed, specifically including the signature of that person and/or entity;

2. Clear and specific identifying information, including descriptions, samples, and/or reproductions, etc., of the copyrighted content allegedly being infringed;

3. The specific websites and/or web addresses where the copyrighted content allegedly being infringed can be located and viewed; 

4. A declaration by the owner, or the authorized representative of the owner, of ownership of the copyrighted content allegedly being infringed, including any relevant documentation supporting same, and that the owner and/or representative has a good reason and good faith in believing that the copyrighted content is being unlawfully infringed; and 

5. A declaration, made under penalty of perjury, that the information and claims contained within the written notice is both true and correct and all persons identified therein retain the exclusive right to publish, or otherwise use, the copyrighted content.

Again, Anime 12 considers copyright violation to be a serious act, and for that reason, we must also state that person and/or entity who knowingly and materially misrepresents that certain other material or activity is an act of copyright infringement may be subject to civil liability pursuant to 17 U.S.C. § 512(f).

Termination 

You are free to terminate your responsibilities pursuant to these Terms of Use at any time without penalty by simply ceasing all use and utilization of our website or notifying Anime 12 that you no longer wish to utilize our website and declare your notice of termination of such use.  Upon Anime 12’s receipt of any such declaration or notice of termination, we may prevent you from further utilizing our website if you have not already taken steps to have done so.  Such prevention shall include the termination of any license or permission granted to you pursuant to these Terms of Use.  Alternatively, we reserve the right to prevent you from using or utilizing our website at any time and for any reason, in our sole and absolute discretion.

Consent for Electronic Communications

You agree and consent to receive all communications, information, correspondence, data, notices, disclosures, and other documents from Anime 12 electronically that relate to your use of our website, generally.  We may be required at times, under color of applicable law, to deliver to you such communications and/or information, including, but not limited to, these Terms of Use, as well as any other consents or approvals or relevant information associated with your use of our website.  It is your sole responsibility to ensure that you have provided us with the correct and current contact information that will allow us to deliver you such information and Anime 12 shall incur no liability on account of you having provided incorrect or false contact information or otherwise refusing or failing to keep such information current with Anime 12.  

General Provisions

Governing Law.  These Terms of Use are governed, construed, and administered according to the laws of the State of Texas, as from time to time amended, and any applicable federal law.  No effect is given to any choice-of-law or conflict-of-law provision or rule (whether of the State of Texas or of any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of Texas.

Severability.  The invalidity or unenforceability of any provision of these Terms of Use does not affect the validity or enforceability of any other provision of these Terms of Use.  If an arbitrator or arbitration tribunal of competent jurisdiction determines that any provision is invalid, the remaining provisions of these Terms of Use are to be construed as if the invalid provision had never been included in these Terms of Use.

No Binding Agreement for Other Transactions.  You and Anime 12 agree that neither you or Anime 12 will be under any legal obligation of any kind whatsoever with respect to any other transaction by virtue of these Terms of Use, except for the matter specifically agreed to herein.  These Terms of Use do not create a joint venture or partnership between you and Anime 12.

Entire Agreement.  These Terms of Use constitute the entire understanding between you and Anime 12 and supersedes any and all prior or contemporaneous understandings and agreements, whether oral or written, between you and Anime 12, with respect to the subject matter and provisions contained in these Terms of Use.

Assignment.  You may not assign these Terms of Use, or any rights or obligations contemplated or described herein, whether by operation of law or otherwise, without the prior written consent of Anime 12.  Any such attempt by you to assign such rights or obligations shall be considered null and void.  Anime 12 reserves the right to assign these Terms of Use to any third-party, including all applicable rights and obligations contemplated and described herein, without notice, penalty, or consent.  Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit or you and Anime 12, as well as the successors and permitted assigns of you and Anime 12. 

Modification for Legal Events.  If any arbitrator or arbitration tribunal of competent jurisdiction determines that any provision or any part or any provision set forth in these Terms of Use is unenforceable, the arbitrator or arbitration tribunal has the power to modify the unenforceable provision instead of severing it from these Terms of Use entirely.  The modification may be made by rewriting the offending provision, be deleting all or a portion of the offending provision, by adding additional language to these Terms of Use, or by making other modifications as it determines necessary to fulfill the intent of said provision and these Terms of Use to the maximum extent permitted by applicable law.  You and Anime 12 agree that these Terms of Use as so modified shall be binding upon and enforceable against both you and Anime 12. 

Inclusion of other Instruments.  These Terms and Conditions further include any additional privacy policies, terms of use, terms and conditions, cookies policy, guidelines, and any other document or information promulgated, provided, and/or published by Anime 12 in relation to the operation, maintenance, and governance of our website.

PHEW!

Now that all that is out of the way, please understand that our business is made better by having you as a user.  We will do everything we reasonably can to ensure a positive experience for you while using our website, and we ask that you try to do the same for us.  To that end, you may contact us at any time regarding any questions, comments, concerns, or reports involving these Terms of Use.  Thank you for visiting and purchasing from Anime 12!