Terms of service

Terms of Use

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE.

This website is operated by Asahi Beverages America, Inc. (“Asahi”). Throughout the site, the terms “we”, “us” and “our” refer to Asahi Beverages America, Inc. These Terms govern your use of our site, the content and functionality provided via the website (such content and functionality, together with the website, collectively, the “Services”) and your use of the REFREZZ postbiotic beverage (the “Product” or “Products”).

Please carefully review these Terms and Privacy Policy (available at Privacy policy – REFREZZ) before using the Services or purchasing Products using the Services. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using the Services and/or purchasing Products using the Services, you signify your assent to these terms and conditions and agree to be bound by these Terms. You further acknowledge that you have reviewed the Privacy Policy. If you do not agree with any part of the following terms and conditions, or the Privacy Policy, you must not access or use the Services. Please note that Section XXII (Dispute Resolution) of these Terms contains a binding arbitration clause and a class action waiver that affects your rights for resolving disputes with Asahi and/or its Providers.
The Services are offered and available only to users who are at least eighteen (18) years of age and reside in the United States. By using the Services, you affirm that you (i) are at least eighteen (18) years of age, (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, (iii) have not previously been terminated, removed, or suspended from the Services, and (iv) and reside in the United States. If you are using the Services on behalf of a company, organization, or other entity, you further affirm that you have authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization. You further understand that you are financially responsible for all uses of the Services by you and those using your login information.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products through the Services and make the Services available to you.

I. OWNERSHIP

The Services, including the site and each of its components, are protected by copyrights and other intellectual property rights of Asahi and/or its various third-party providers and distributors. Portions of the content provided through the Services may be owned by third-party providers and distributors and are the intellectual property of the respective third-party providers. None of the content or data found within the Services may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Asahi and/or its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed within the Services and on the Products (collectively, the “Trademarks”) are registered and common law trademarks of Asahi, its affiliates, and various third parties. Nothing contained within the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Asahi or such other party that may own the Trademarks.

This Services and the content provided through the Services may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Asahi, except that you may download, display and print any materials presented via the Services for your personal, noncommercial use only.

II. PROHIBITED USES OF THE SERVICES

You may only use the Services to browse the content on the site, purchase the Products, and make inquiries to Asahi, and not for any other purposes. You may not access or use, or attempt to access or use, the Services to take any action that could harm Asahi, its providers, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

engage in ‘deep-linking’, ‘embedding’ or using analogous technology, unless specifically authorized in writing;
use the contents provided through the Services on any other web site or in any environment of networked computers;
post or transmit from this site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
allow any other person to use the Services under your account, or otherwise transfer your access to the Services to any third party;
engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
take any action that imposes an unreasonable or disproportionately large load on Asahi or its providers’ network or infrastructure;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services, including uploading or disseminating any virus, adware, spyware, worm, or other malicious code, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
distribute any unauthorized materials or advertise or promote goods or services through the Services without Company’s permission (including, without limitation, by sending spam or any other similar solicitation);
engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Asahi’s sole judgment, exposes Asahi or any of Company’s users, affiliates, or any other third party to any liability, damages, or detriment of any type, including causing damage to Asahi’s reputation; or
assist any person in doing any of the above.

Unauthorized use of the Services and/or the materials provided via the Services may violate applicable copyright, trademark or other intellectual property laws or other laws, and may result in civil or criminal liability. The Company may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

III. LIMITATIONS ON PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and may not be returned under our Return Policy. To view our Return Policy, please visit Return policy – REFREZZ.

We try to display as accurately as possible the colors and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales or use of our products or services, including the Services and Products described herein, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made via the Services is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors pertaining to any of the aforementioned items will be corrected.

IV. THIRD PARTY LINKS OR SERVICES

Links to other sites made available through the Services are provided for your information and convenience only. Asahi. does not assume any responsibility or liability with respect to any website made available through the Services (or any website linking to the Services), including the content and operation of the site. Asahi. does not review or monitor such links. A link provided through the Services to another website (or a link from another website to the Services) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While our Services may contain “links” to many sites or services, we are not responsible for the content or the privacy practices employed by other sites or services.

V. SUBMISSIONS

“Submissions” means all comments, feedback, suggestions, photos, e-mail, “Share Your Story” materials and similar information or materials that you submit to Asahi. regarding the products or services of Asahi. Submissions will not be confidential and will become the property of Asahi upon submission to Asahi. By providing any such Submissions, you agree to assign to Asahi, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Asahi will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Asahi, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. We reserve the right not to post any Submissions at our sole discretion.

Except as expressly stated and agreed upon in advance by Asahi, no confidential relationship shall be established in the event that any user of the Services should make any oral, written or electronic communication to Asahi (such as feedback, questions, comments, suggestions, ideas, etc.). If any Asahi site or service requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Asahi shall obtain, use and maintain it in a manner consistent with our Privacy Policy (see below). Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Asahi shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Asahi is fully responsible for its content and Submissions, including their truthfulness and accuracy and their non-infringement of any other person’s proprietary or privacy rights.

VI. DISCONTINUATION OF THE SERVICES; TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

VII. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

VIII. OPTIONAL TOOLS

We may provide you with access to third-party tools through your use of the Services over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, to the fullest extent permitted by law, without any express or implied warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools.

Any use by you of the third-party tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

IX. PRIVACY

You acknowledge that you have read the Asahi Privacy Policy (which can be found here Privacy policy – REFREZZ, and that the terms of such policy are reasonable. You consent to the use of any information submitted to Asahi by Asahi. and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Asahi Privacy Policy.

X. RETURN POLICY

Under our Return Policy, we do not accept returns of product or do exchanges of our product. If your order was damaged in-transit, or if you’ve received the wrong REFREZZ order, please reach out to our customer service team immediately by emailing info@asahibev.com. To view our Return Policy, please visit Return policy – REFREZZ.

XI. EXCLUSION OF WARRANTY

ASAHI GROUP HOLDINGS, LTD. AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING ANY SERVICES OR PRODUCTS AND/OR ANY MATERIALS PROVIDED THROUGH THE SERVICES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. ASAHI GROUP HOLDINGS, LTD. AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF ANY OF THE CONTENT OR DATA PROVIDED THROUGH THE SERVICES AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Although we strive to provide through the Services the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information provided through the Services. Each person assumes full responsibility and all risks arising from use of the Services. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Asahi. reserves the right to make additions, deletions, or modifications to the information provided through the Services at any time without any prior notification.

You should be aware that the material that is provided through the Services is for informational purposes only and is not meant to substitute for individualized advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding products described on this site have not been evaluated by the Food and Drug Administration and the Products and Services are not intended to diagnose, treat, cure, or prevent any disease.

XII. LIMITATION OF LIABILITY

ASAHI GROUP HOLDINGS, LTD. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR BROWSING IN THE SITE PROVIDED VIA THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL PROVIDED VIA THE SERVICES. IN NO EVENT SHALL ASAHI GROUP HOLDINGS, LTD. OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES OR PRODUCTS DESCRIBED HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY ASAHI GROUP HOLDINGS, LTD. OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited only to the maximum extent permitted by law.

XIII. INDEMNIFICATION

You shall defend and indemnify Asahi and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your breach of this Agreement or use of the Services or Products.

XIV. RELATIONSHIP

Your use of the Services is independent of Asahi and not as an employee, agent, partner, or joint venturer with Asahi for any purpose.

XV. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. Except as provided in Section XXII (Dispute Resolution), you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, the State of California, United States of America, in all questions and controversies arising out of your use of the Services or Products and this Agreement.

XVI. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

XVII. MODIFICATION

Asahi may at any time modify these Terms and your continued use of the Services will be conditioned upon the Terms in force at the time of your use. It is your responsibility to check this page periodically for changes. To the extent that such changes reflect material modifications to your rights or obligations under these Terms, you will be notified on the home page of the website and/or by email. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Prices for our Products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or any Products.

XVIII. ADDITIONAL TERMS

Additional terms and conditions may apply to purchases of products and services and other uses of portions of the site provided via the Services, and you agree to abide by such other terms and conditions.

XIX. SEVERABILITY

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

XX. HEADINGS

The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

XXI. ENTIRE AGREEMENT

These Terms, together with those incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

XXII. DISPUTE RESOLUTION

In order to expedite and control the cost of disputes, Asahi and you both agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services (“Dispute”) will be resolved as follows to the fullest extent permitted by law:

Notice of Dispute. In the event of a Dispute, you or Asahi must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution. You must send any Notice of Dispute to Asahi by mail at 3625 Del Amo Blvd. Suite 255, Torrance, CA 90503 and by email to info@asahibev.com. The Company will send any Notice of Dispute to you by mail to your address if Asahi has it, or otherwise to your email address.
60-Day Initial Dispute Resolution. You and Asahi will attempt to resolve the Dispute through informal negotiation within 60 days from the date that the Notice of
Dispute is received. As part of this informal negotiation, you and Asahi agree to participate in a telephone settlement conference between you personally (along with your counsel, if you are represented) and Asahi if it is requested by the party that receives the Notice of Dispute. Any applicable limitations period shall be tolled during this 60-day initial dispute resolution period. Neither you nor Asahi may initiate an arbitration proceeding or file a claim in small claims court before the conclusion of the 60-day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section (collectively, the “Mandatory Initial Dispute Resolution Process”). You agree that you or Asahi may seek any interim or preliminary relief from a court of competent jurisdiction, as necessary to protect our respective rights or property (including intellectual property rights) pending completion of the Mandatory Initial Dispute Resolution Process. If the parties do not reach an agreed upon resolution within the 60-day Initial Dispute Resolution Process set forth above, then either party may initiate a claim in small claims court or a binding arbitration as the sole means to resolve Disputes, subject to the terms set forth below.
Small Claims Court. You may choose to litigate any Dispute in small claims court (or the equivalent) in the forum specified in Section XV (Governing Law), if the Dispute meets all the requirements to be heard in small claims court and is not removed to a court of general jurisdiction.
Binding Arbitration. If the Dispute is not resolved in small claims court, any effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section XXII, subject to the exceptions described in this Section XXII. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The U.S. Federal Arbitration Act (or the equivalent laws in the jurisdiction in which you reside) governs the interpretation and enforcement of this Section XXII.
Exceptions to Arbitration. You and Asahi agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Asahi’s intellectual property rights, (2) Any claim for declaratory or injunctive relief, (3) Any claim you are authorized to bring to the attention of any federal, state, or local government agencies that can, if the law allows, permit those authorities to seek relief from Asahi on your behalf, (4) Any Dispute brought in a jurisdiction where mandatory arbitration is unenforceable by law.
Class Action and Mass Arbitration Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Asahi will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Neither you nor Asahi will seek to have any Dispute brought, heard, administered, resolved, or arbitrated as a mass arbitration, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass arbitration or to award relief to anyone but the individual in arbitration. You and Asahi agree that the definition of “Mass Arbitration” includes, but is not limited to, where 25 or more similar demands for arbitration are filed against the same party or related parties within 180 days represented by either the same law firm or law firms acting in coordination. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If one of us violates this Class Action and Mass Arbitration Waiver provision, the other party shall have the opportunity to opt out of arbitration by providing written notice within 45 days of learning of the violation.
Arbitration Procedures. Any arbitration will be conducted by the National Arbitration and Mediation (“NAM”) under the applicable Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute is filed. Where a Mass Arbitration is filed and no party opts out of arbitration, then the parties agree that the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures shall apply and that NAM will have the authority to apply those rules, notwithstanding the Class Action and Mass Arbitration Waiver above. In the event of a conflict between the relevant NAM rules and this agreement, this agreement shall govern. If NAM is unavailable or unable to conduct an arbitration of the Dispute, an alternative arbitration service provider will be mutually agreed upon by both parties. You may request a telephonic or in-person hearing by following the NAM rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award relief only to you individually, and only to the extent required to satisfy your individual claim. A demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the mandatory Initial Dispute Resolution Process above and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
Arbitrator’s Jurisdiction. The arbitrator may consider but will not be bound by rulings in other arbitrations where you and Asahi were not both parties. The arbitrator shall have the power to rule on all issues except that a court has exclusive authority (i) to decide arbitrability issues, as well as disputes relating to the formation, existence, scope, validity, and enforceability of this arbitration agreement; (ii) to decide whether the parties have complied with the Initial Dispute Resolution process; (iii) to enforce the prohibition on class, representative, mass, or private attorney-general actions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitration from proceeding if it does not comply with this the terms of this arbitration agreement.
Arbitration Fees. Whoever files the arbitration pays the initial filing fee. If Asahi files, Asahi pays. If you file, you pay unless you get a fee waiver under the applicable arbitration rules or unless the Mass Filing Supplemental Dispute Resolution Rules and Procedures apply, in which case the NAM Mass Filings Fee Schedule applies. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Location of Arbitration. You agree that the arbitration will occur in a reasonable location in the United States, as agreed to by both parties, or, if necessary, as determined by the arbiter.
Disputes Must Be Filed Within One Year. To the extent permitted by law, any Dispute under these Terms must be filed within one year in small claims court or in an arbitration proceeding. The one-year period begins when the Dispute or Notice of Dispute first could be filed, except that the period is tolled during the 60-day Mandatory Initial Dispute Resolution Process. If a Dispute isn’t filed within one year, it’s permanently barred.
Temporary Injunctive Relief. Before the appointment of an arbitrator, either party may seek temporary injunctive relief in any court of competent jurisdiction without waiving its right to arbitration.
Severability of Arbitration Provisions. If a court decides that applicable law precludes enforcement of the foregoing arbitration agreement as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought pursuant to Section XV (Governing Law), unless the parties mutually agree otherwise), and the parties consent to personal and exclusive jurisdiction in these courts.
Right to Opt Out of Arbitration. If Asahi materially changes any terms of this Section XXII after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section XXII of these Terms by sending Asahi written notice, personally signed by you, by certified mail to the attention of the Legal Department at 3625 Del Amo Blvd. Suite 255, Torrance, CA 90503 and by email to info@asahibev.com within 30 days of the date such change became effective, as indicated by the later of (a) the “Last Updated” date of the Terms you seek to reject or (b) the date of our email to you notifying you of such change. Even if you reject a change, you will remain subject to the arbitration provisions of the last version of the Terms you had accepted. If you opt out, Asahi will also not be bound.