Your use of the websites and mobile sites on which these terms reside (collectively, the “Site”), and the features at this Site are subject to these Terms of Use (the “Terms”), which we may update from time to time.  Please read these Terms carefully before using this Site. The Site is owned or controlled by Yakyu Magic LLC (“Company”). This Site is intended for and applicable only for residents of the United States, age 18 or older. If you are from another jurisdiction or under 18 years of age, you may not use this Site.

INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER: THESE TERMS CONTAIN AN INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  BY AGREEING TO THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, CAREFULLY CONSIDERED, AND UNDERSTAND ALL OF THE PROVISIONS OF THE INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND THAT YOU EXPRESSLY AGREE TO BE BOUND THEREBY. 

Please read these Terms carefully because they govern your access to and use of the Site and set forth legally binding terms applicable to your use of our features made available through the Site. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE.

Except as otherwise provided herein, Company may amend these Terms from time to time. Company will endeavor to provide 30 days-notice of any amendment by commercially reasonable means, including email. It is your duty to keep the email address you provide to Company current, and to promptly notify Company of any changes to your email address, so that you may receive any notices Company sends to you regarding amendments to these Terms. 

You may opt out of any amendment by contacting info@galaxicbaseball.com before the effective date of the amendment. Company reserves the right to terminate its relationship with you if you refuse to accept any amendment.  Your continued use of this Site after the effective date of an amendment constitutes your agreement to those changes. Unless you expressly agree to an amendment, the amendment shall not be retroactive to conduct that occurred prior to the effective date of the amendment.   

personal information

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policyfor more information about our information collection, use and sharing practices.

ownership of intellectual property

As used herein, “Content” is defined as information, data, content, and other materials.

Content on this Site that is provided by Company or its licensors, including data, graphics, photographs, videos, video games, books, stories, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. All right, title, and interest in and to the Company Content is hereby reserved by the Company.

From time to time on certain areas of our Site you may be able to provide Content (“Your Content”). You retain all ownership rights in Your Content, and you continue to have the right to use Your Content in any way you choose, subject to these Terms. Company may delete Your Content at any time, and without notice, for any reason.  By providing, displaying, publishing, or otherwise making available Your Content on or through the Site, you hereby grant to Company a perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable, worldwide, fully-paid, royalty free license, in all fields of use, under any and all rights (including all patent, trade secret, copyright and other intellectual property rights) in and with respect to Your Content or any portion thereof, including all rights to make, have made, import, use, offer for sale, sell, copy, modify, create derivative works, publicly perform, publicly display, distribute and otherwise commercially exploit Your Content or any portion thereof. This license includes the right to host, index, cache, distribute, and tag any Your Content.

use of the site

While using the Site, you agree not to engage in (or allow or encourage any third party to engage in) any of the following prohibited activities:

• Violating any applicable law or regulation or using any feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; impersonating any person or entity or misrepresenting your affiliation with any person or entity; or providing false or misleading Content (whether intentionally, negligently, or otherwise).

• Uploading, distributing, downloading, displaying, or otherwise using any Content you do not have the rights to upload, distribute, or use or in a manner for which you do not have the right, including any Content that you are under a contractual obligation to keep private or confidential and any Content that is protected by copyright or any other right (including intellectual property rights and rights of publicity and privacy) that you have not first obtained appropriate permissions from the owner.

•  Copying, making available, modifying, creating derivative works from, deciphering, decompiling, disassembling, reverse engineering, or reverse assembling the Site or any Company Content or using the Company Content or the Site (or features thereon) for any commercial purpose, or attempting to do any of the foregoing. Examples of such prohibited behavior include:

  • attempting to discover any source code for any of the software of the Site;

  • using any meta tags or other hidden text or metadata utilizing the Site or Company’s trademark, logo, or URL;

  • reproducing, duplicating, copying, selling, trading, reselling, or exploiting for any commercial purpose any portion of the Site (including your account) or your access to or use of the Site.

  • creating a database by downloading and storing Content from the Site;

  • attempt to access or search the Site or scrape or download user content, Company Content, or other data or content from the Site, or otherwise transmit content to, or create new links, reposts, or referrals in the Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Company

  • use, display, mirror or frame the Site, any individual element within the Site, or Company’s name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent; and

  • scraping or downloading Content from the Site.

• Accessing or using the Site by any means other than through the interface provided by Company or other than as expressly authorized under these Terms. Examples include:

  • accessing, tampering with, or using non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;

  • avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measures implemented by Company or any of our providers or any other third party (including another user) to protect the Site; and

  • interfering with, or attempting to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or otherwise engaging in conduct that negatively affects the ability of other users to use the Site).

third party websites

This Site may hyperlink to sites not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site's privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.

additional terms

You understand that certain offers, products, services, programs and features that may be available on the Site may be subject to additional specific terms and conditions (“Additional Terms”). This may include loyalty programs, contests, sweepstakes, or other promotions.  In the event of any conflict between these Terms and any such specific terms and conditions, the Additional Terms will control. 

indemnification

You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including this Posting Policy, or any violations thereof by your dependents or which arises from the use of Your Data you submitted, posted, or otherwise provided to Company or this Site.

disclaimer of representations and limitations of liability

Company makes no representations about the reliability of the features of this Site, the Content, Your Data, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content or Your Data will be preserved.

Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Your Data. You shall not create or distribute information, including advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. NO WARRANTIES ARE MADE BY THE COMPANY WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE (WHERE PERMITTED BY LAW), SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO THE EXTENT NOT PERMITTED BY APPLICABLE LAWS. FOR EXAMPLE, THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. 

jurisdiction and venue and governing law

Except as provided herein, and to the fullest extent permitted under applicable law, jurisdiction and venue of any matter or Dispute (defined below) not subject to arbitration shall reside exclusively in a state or federal court sitting in Delaware. 

Except as provided herein, and to the fullest extent permitted under applicable law, these Terms are to be construed in accordance with and governed by the laws of the State of Delaware, without regard to its choice of law principles, except that, as applicable, the Federal Arbitration Act (“FAA”) shall govern the arbitration and Individual Arbitration Agreement without giving effect to any state law to the contrary.  

Notwithstanding anything to the contrary herein, residents of a state with a law providing that agreements requiring resolution of claims or Disputes outside of that state are void, unlawful, or unenforceable, shall be entitled to pursue resolution of claims and Disputes within the state in which they reside, to the extent required under that state’s law. For such claims and Disputes brought in such other state, to the extent allowed by that state’s law, all other terms of the Individual Arbitration Agreement and Class Action Waiver shall apply to such claim or Dispute, including the mutual obligation to arbitrate and/or litigate claims and Disputes on an individual basis.

miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

The failure or delay of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, labor disputes difficulties, civil disorder, earthquake, insurrection, adverse weather, curtailment of a source of supply or transportation facilities, disaster, disease, declared state of emergency, plague, quarantine or restriction, epidemic or pandemic, catastrophe, actions of federal, state, or local governmental authorities barring or restricting the Company’s business activities, or for any other event or circumstance beyond the reasonable control of Company, whether foreseeable or unforeseeable, that materially hinders Company’s timely performance shall not be deemed a breach of these Terms. Company shall exercise commercially reasonable efforts after the event to overcome its effects in order to resume performance.

If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.

As used herein, the word “including” or any variation thereof means (unless the context of its usage otherwise requires) “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.

If any provision of the Terms, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.  This provision shall survive the expiration or cancellation of the Terms for any reason.

These Terms constitute a binding agreement between you and Company. These Terms constitute the entire agreement between you and Company regarding the use of the Site and your account.

binding individual arbitration agreement (the “individual arbitration agreement”)

This Individual Arbitration Agreement will survive termination of the Terms. 

Although the Terms are made and entered into between you and Company, Company’s affiliates, owners, members, managers, directors, and employees (the “Related Parties”) are intended third-party beneficiaries of the Terms for purposes of the provisions of the Terms referring specifically to them, including the Individual Arbitration Agreement. You, Company, and the Related Parties (each, together with, as applicable, each of the Related Parties, a “Party” and collectively, the “Parties”) acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between you on the one hand and Company on the other hand, and the Parties further acknowledge that nothing contained herein shall be argued by any of them to constitute any waiver by the Related Parties of any defense that Related Parties may otherwise have concerning whether they can properly be made a Party to any Dispute between the other Parties.

THIS PROVISION AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST COMPANY OR THE RELATED PARTIES, OR CLAIMS COMPANY OR THE RELATED PARTIES MAY HAVE AGAINST YOU, WILL BE RESOLVED.  YOU UNDERSTAND AND AGREE THAT THE INDIVIDUAL ARBITRATION AGREEMENT OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE AGREEMENT AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE AGREEMENT OR THE AGREEMENT AS A WHOLE.  CONSIDERATION FOR THIS INDIVIDUAL ARBITRATION AGREEMENT INCLUDES THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE DISPUTES.  THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE AGREEMENT IN WHOLE OR IN PART SHALL NOT SUPPORT A FINDING THAT THE INDIVIDUAL ARBITRATION AGREEMENT IN THIS CHAPTER IS UNENFORCEABLE.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF DISPUTES IN A TIMELY, EFFICIENT, AND COST-EFFECTIVE MANNER, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OR ANY COURT.

Except as otherwise provided herein, any controversy, claim or dispute between you, on the one hand, and Company and/or the Related Parties, on the other, arising out of or relating to the Terms, the Site, use of the Site, or the Privacy Policy, whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise (“Dispute”), shall be settled through binding arbitration as provided in this Individual Arbitration Agreement.

Except as provided herein, the arbitrator(s) shall have the exclusive power to determine and rule upon challenges to the arbitrator’s jurisdiction to preside over the Dispute, including any objections with respect to the existence, scope, or validity of this Individual Arbitration Agreement and/or to the arbitrability of any Dispute. 

Expect as provided herein, and unless the laws of the state or province in which you reside expressly require otherwise, all Disputes shall be submitted for resolution to binding arbitration in Delaware in accordance with the rules of the Judicial Arbitration and Media Services (JAMS) and this Individual Arbitration Agreement, with the Individual Arbitration Agreement controlling in the event of any conflict. The JAMS rules and procedures are available at jamsadr.com and will be provided upon request to info@galaxicbaseball.com.

Notwithstanding the rules of JAMS, the following will apply to all arbitrations:

• The Governing Law provision of the Terms applies. 

• The Parties agree that time is of the essence.

• The arbitration will be conducted in English (with appropriate translators as may be necessary).

• The Federal Rules of Evidence will apply in all cases

• The Parties will be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure.

• The Parties will be allotted equal time to present their respective cases, including cross-examinations.

• The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of competent jurisdiction, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award shall comply with the Jurisdiction and Venue and Governing Law provision of the Terms.  Further, to the fullest extent allowed by law, any Party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to maintain protections of confidential information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal.

• The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly require otherwise.

In addition to the foregoing and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy.  For Disputes in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual written agreement of the Parties to the contrary:

• The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five business days.

• There will be one arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.

• The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between Parties, but in no event shall, the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.

For Disputes in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply absent mutual written agreement of the Parties to the contrary:

• There will be three arbitrators selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.

• The Parties will be entitled to, and limited by, all discovery rights permitted by the Federal Rules of Civil Procedure.

• The Parties will be entitled to appeal any arbitration award to an Appeal Panel under the JAMS Optional Arbitration Appeal Procedures. The Parties agree to request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A CLAIMANT, PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO HEAR THE PARTIES’ DISPUTES ON A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE BASIS, AND, ACCORDINGLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY PROCEEDING ON A NON-INDIVIDUAL BASIS EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES TO AN ARBITRATION PROCEEDING.

TO THE EXTENT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY (SUCH AS REPRESENTATIVE OR INJUNCTIVE RELIEF), THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND MUST BE STAYED PENDING ARBITRATION OF THE ARBITRABLE CLAIMS AND REMEDIES.  THE PARTIES FURTHER AGREE THAT IF SUCH STAY IS LIFTED, UNLESS PROHIBITED BY APPLICABLE LAW, SUCH CLAIMS SHALL BE LITIGATED IN ACCORDANCE WITH THE GOVERNING LAW, JURISDICTION AND VENUE PROVISION HEREIN.

The Parties understand and agree that Company has valuable trade secrets and confidential information.  The Parties agree to take all necessary steps to protect from public disclosure of such trade secrets and confidential information in any proceeding pursuant to this Individual Arbitration Agreement.

Except as provided below, no Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this Individual Arbitration Agreement, any Party may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order or temporary or preliminary injunction to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding.  Furthermore, notwithstanding anything to the contrary herein, to the extent a Party contests the jurisdiction of a state or federal court to preside over claims for a temporary restraining order or temporary or preliminary injunctive relief as described above, the court in which such claim is made shall have exclusive jurisdiction to determine whether it has jurisdiction to preside over and rule upon a Party’s request for the court to issue a temporary restraining order or temporary or preliminary injunction.  The institution of any action shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than that provided in this paragraph to arbitration.

Other than your initial filing fees up to a maximum of $250, Company shall reimburse you for all filing, administration, and arbitrator fees associated with the arbitration proceedings commenced pursuant to the provisions of these Terms of Service.  Notwithstanding the forgoing sentence, to the fullest extent permitted under applicable law, you shall be responsible for all additional fees and costs incurred in the arbitration, including your attorney and expert witness fees and costs.

Bellwether Arbitration Procedures: Notwithstanding any provision of the JAMS Rules, these bellwether procedures shall be used when more than 10 arbitration cases pending at the same time present substantially similar or overlapping allegations of fact or law.  Notwithstanding anything to the contrary provided herein, a court of competent jurisdiction, and not JAMS or an arbitrator, shall resolve any dispute over whether these bellwether procedures apply to any group of claims.

The Parties recognize and agree that a large number of arbitration cases with similar allegations will impose excessive transaction costs regardless of the cases’ merit or lack of merit.  The Parties also recognize and agree that it is logistically difficult or impossible to arbitrate simultaneously large numbers of substantially similar cases.  The Parties therefore agree to use bellwether litigation procedures similar to those that courts use in mass-tort cases, based on the judiciary’s experience that, after one or a few cases are tried to verdict, most or all of the other cases settle or otherwise resolve themselves.

The Parties thus agree that, to the maximum extent permitted by law, no more than 10 cases/arbitrations will be active at any one time.  All remaining cases will be stayed, with the statute of limitations tolled.  The Parties understand and agree that if these bellwether arbitration procedures apply, then adjudication of the Dispute may be delayed.  Unless the Dispute resolves in advance, and notwithstanding anything to the contrary herein, the arbitrator(s) shall render their final and binding decision in any Dispute subject to these bellwether procedures within 180 days of the initial pre-hearing conference.

As soon as one of the original active cases is resolved (by decision, settlement, or otherwise), a stayed arbitration shall replace it on the list of 10 active cases/arbitrations. Except as provided below, cases shall be placed on or moved to the active list in the order in which demands for arbitration are first received.  Until a case is on or is moved to the list of 10 active cases, the sum any Party paid to initiate a case shall be refunded, and no Party shall have any obligation to pay any JAMS or arbitrator fees.

If you claim exceptional hardship from any delay pursuant to this bellwether procedure, you may petition Company to waive the 10-case limit for that case.  If Company does not agree, you may petition JAMS to place the arbitration on the list of 10 active cases, on the ground that delay will impose exceptional hardship.  If JAMS finds exceptional hardship and grants the petition, JAMS shall (based on its determination of relative hardship) remove one other case from the list of 10 active cases/arbitrations and place it at the head of the list of stayed cases.  Under no circumstances shall JAMS place more than 10 cases/arbitrations into active status.  If more than 10 hardship applications are granted, JAMS shall determine which 10 cases/arbitrations shall proceed first, based on its determination of relative hardship.

If you do not want to be subject to this Individual Arbitration Agreement, you may opt out by notifying Company in writing of your desire to opt out within thirty (30) days of your execution of the Individual Arbitration Agreement. Acceptable forms of notice include sending an email to info@galaxicbaseball.com or by sending a letter dated and signed by you to the following address:

 Yakyu Magic, LLC

1740 Stanford Street, Suite B

Santa Monica, CA 90404

Attention: Tim Slavin

Either email or letter must clearly state your name and the intent to opt out of this Individual Arbitration Agreement.  Company reserves the right to terminate your account if you choose to opt out of the Individual Arbitration Agreement.

Notwithstanding anything to the contrary in the Terms of Service, any amendment by Company to this Individual Arbitration Agreement shall take effect only upon your express agreement to such amendment. You may indicate agreement to such proposed amendment by following the instructions accompanying the proposed amendment.  Company may terminate your account if you do not agree to a proposed amendment to the Individual Arbitration Agreement within thirty (30) days after notice of the amendment is provided.  Any such amendment shall apply to all claims or other Disputes brought by the Parties on or after the effective date of the amendment, regardless of the date of occurrence or accrual of any facts underlying such claims or Disputes. 

If any provision of this Individual Arbitration Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Individual Arbitration Agreement will remain in full force and effect.

Class Action Waiver: 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, INCLUDING SUCH PROCEEDINGS BROUGHT IN FEDERAL OR STATE COURT.