TERMS OF SERVICE

Effective Date: [INSERT DATE] 2024

            These Terms of Service (collectively, “Terms”) govern your (“you”, “your”) use of any websites, content, or services accessed through the websites or otherwise (collectively, the “Service”) and provided to you by Pioneer Electronics (USA) Inc.  (collectively, “Pioneer”, “we”, “us”, or “our”), except where other terms may be provided specific to a website, mobile app, or service provided by Pioneer. Through your acceptance of the Terms or by your use of the Service, you agree to be bound by these Terms and any changes or amendments to them. You acknowledge and agree that you have reviewed these Terms. The Service may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We reserve the right, in our sole discretion, to modify, correct, edit, suspend, or discontinue the Service, in whole or in part, at any time.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 14 BELOW, WHICH APPLIES TO YOU WHEN YOU USE OR ACCESS THE SERVICE. BY AGREEING TO THE ARBITRATION CLAUSE, YOU WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN BELOW CERTAIN EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

AGE RESTRICTION: You may not use the Service unless you are at least sixteen (16) years old.

UPDATES TO TERMS: We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms without prior notice. You agree that we may notify you of any updated Terms by posting them on the Service so that they are accessible via a link from the home page and/or send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or on such later date as may be specified in the notice of updated Terms. If you object to any such changes, your sole option is to stop using the Service.

1. DEFINITIONS

“Affiliate” means any entity controlling, controlled by, or under common control with a party, where “control” is defined as: (a) the ownership of at least fifty percent (50%) of the equity or beneficial interests of the entity; (b) the right to vote for or appoint a majority of the board of directors or other governing body of the entity; or (c) the power to exercise a controlling influence over the management or policies of the entity, whether through the ownership of voting securities, by contract, or otherwise.

“Intellectual Property” means any and all common law, statutory and other industrial property rights, and intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights issued, honored, or enforceable under any applicable laws anywhere in the world, whether registered or unregistered, and all applications thereto.

2. SERVICES

2.1 Access. Subject to your strict compliance with the Terms, Pioneer hereby grants to you a nonexclusive, non-assignable, revocable right to access the Service. All rights not expressly granted to you are reserved by Pioneer and its licensors and other third parties. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.

2.2 Account Registration. The Service may require you to create an account with us. You may not be able to access the Service or some portions or features unless you are signed into your account. When creating an account, you must provide accurate and complete information, and you must promptly keep this information updated. You must secure and keep confidential your account credentials, and you will immediately notify us if you discover or otherwise suspect any unauthorized access to or use of your account. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND WILL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PIONEER. We do not recognize or allow the transfer of accounts between users. Any such attempt will be null and void and may result in the termination and forfeiture of the account.

3. RESTRICTIONS ON USE

You may not: (i) use the Service for any political or commercial purpose; (ii) engage in any activity in connection with the Service that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Pioneer; (iii) harvest any information from the Service; (iv) reverse engineer or modify the Service; (v) interfere with the proper operation of the Service or any security measure used by the Service; (vi) infringe any Intellectual Property or other right of Pioneer or any third party; (vii) use the Service in a manner that suggests an unauthorized association or that is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.  You agree to comply with all local, state, federal, national, foreign, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service. 

4. INTELLECTUAL PROPERTY MATTERS

4.1 Ownership of the Service. Pioneer and its licensors own all right, title, and interest in and to the Service, including but not limited to all information, services, logos, images, trademarks, graphics, or software associated with the Service, as well as any and all Intellectual Property Rights to the foregoing.

4.2 Ownership of Feedback. You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your suggestions, ideas, enhancement requests, feedback, or recommendations, or other information provided by you concerning or relating to the Service or any Pioneer products.

4.3 Third-Party Technology. The Service contains content from and links to websites and platforms operated or controlled by third parties. In addition, we may integrate technologies operated or controlled by third parties into parts of our Service. To the maximum extent permitted by applicable law, we disclaim any responsibility for any loss or damage relating to third parties. Please see our Privacy Policy for further details regarding data processing by third parties.

5. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that you will comply with all applicable laws in connection with your use of the Service. Pioneer reserves the right to completely or partially restrict or revoke your access to the Service for violating these Terms or any applicable law, either completely or for a period of time, in our sole discretion.

6. PRODUCTS, AVAILABILITY, AND ORDERS

6.1 Products. We try to be as accurate as possible in the descriptions and depictions of the products, including receivers, speakers, amplifiers, subwoofers, accessories and optical drives (collectively, the “Products”) available for sale in the Pioneer shop currently accessible at https://usa.pioneer (the “Store”). However, there may be errors in the information and pictures displayed to you. Actual Product packaging and materials may contain additional and different information than that displayed on the Store. All photographs, drawings, pictures, renderings, dimensions, specifications, performance data and other information on the Store are provided for general illustrative and informational purposes only and do not constitute a representation or warranty that the Products will conform with the same. Products are subject to the applicable manufacturer's limited warranty. Please refer to Product’s labels, warnings, specifications, guides, manuals, and limited warranty documentation before use to determine your rights and remedies. You should not rely solely on the information presented on the Store.

There is no warranty or guarantee that the colors, quality, product descriptions, or other content on the Store is accurate, complete, reliable, current, or error-free. We cannot guarantee that all items are in stock or immediately available when you submit your order. The Products on the Store are subject to availability, do not constitute an offer by us, and may be removed or revised by us at any time before we accept your order. If a Product is or becomes out of stock, we may cancel or reject your order without liability, and we will also refund any payment that you previously made for that canceled or rejected order, including any shipping or handling charges. Given the popularity of some Products, we reserve the right to limit the quantities of items that can be purchased.

For certain Products that are not yet available for shipping, we may make such Products available on the Store for pre-order. We may charge you the full price of the Product when we accept your offer to pre-order. If a Product available for pre-order is included in an order with additional items, all Products will ship together with the pre-ordered Product, which may delay your expected shipping date.  

By clicking “Place Order”: (a) you confirm your agreement to these Terms; (b) you represent that you have provided true and accurate information during the ordering process; and (c) you acknowledge that you have reviewed your order and authorize us or our agent/commissionaire to process your payment method and charge you for your order. Your order request will be transmitted to us when you click “Place Order.” Your order is a binding offer by you to us to purchase the Product(s) in the order at the price and delivery terms stated in the order, and such offer is subject to our acceptance. When you place an order, you consent to: (y) the use of electronic communications to enter into contract(s) of sale, and (z) receive confirmation notices, sales invoices, and records of transactions electronically. You may withdraw your consent to electronic delivery of notices, but if you do, we may cancel your order. If you do not agree to receive notices electronically, you must stop using the Store. Electronic notices may be available in your account. If you do not have an account, or do not have access to your electronic notices, we may be able to provide you with copies if you contact customer support, as outlined below. You are responsible for making copies of electronic notices and the Terms for your own records.

After you place an order, the Store will display a confirmation message and you will receive a confirmation email that we have received your offer to purchase; this is an acknowledgement of your order and not an acceptance by us. We only accept your offer, and conclude each contract of sale for the applicable Product(s) in your order, when we have both: (a) shipped out the Product to you, and (b) received payment of the purchase price of the Product by means of the payment method you provided. We may cancel any pending orders (and any portion of an order for more than one Product) for any reason and at any time before our acceptance if we have not yet shipped the Product(s) to you. We may also require additional information from you before accepting your order. If we accept your order, we may email you a purchase confirmation notice providing relevant details on the purchase and a binding contract will form between you and us. If we are unable to accept your order because a Product is not available, we may notify you when it becomes available again (subject to your consent). 

Once you place an order, your orders cannot be canceled or changed. Please contact customer support if you have any questions concerning your order. If we determine, or have reason to believe, that you are unable to pay for your submitted orders, you fail to pay any amount by the due date, you breach the Terms, or you have engaged in any fraudulent or criminal activity in connection with your use of the Store, or if we are unable to process payment to the payment method you provided, then we may take any actions we deem necessary to prevent, respond to, or investigate any actual, attempted, or alleged delinquent, fraudulent, deceptive, or illegal activities. For example, we may cancel any and all contracts between us and you, stop any Products in transit to you, suspend any ongoing deliveries or services, and/or notify law enforcement (or another appropriate government agency).

6.2 Payment Terms. Prices and discounts available on the Store are subject to change at any time. We try to be as accurate as possible, but automatic order confirmation errors may occur. Please check the automatic confirmation message and order acknowledgement for errors and inform us immediately of any discrepancies. Pricing may be indicated on the Store or order acknowledgment, but if there is any discrepancy, the price in effect based on our internal records at the time of our acceptance will control. If the price or Product information for an order is incorrect, no matter how the error occurred, we may at our sole discretion notify you of any errors before shipping and/or cancel your order and refund you the amount you paid. 

By placing an order and making an offer to complete a transaction on the Store, you agree to pay for all charges for orders made by you. You may pay for an order using only the payment methods displayed on the Store at the time of purchase, and we may change the acceptable payment methods at any time (up to and including the date we ship out the Product) at our sole discretion. You agree to provide accurate and complete payment information to us or our third-party payment processor(s) (“Payment Processor(s)”). You further agree that you are the authorized user of the card, PIN, key, account or other payment method we may identify as acceptable associated with charges for your orders. All transactions are governed by law and regulatory requirements applicable at the time the transaction was completed. You agree that you will not use IP proxying or other methods to disguise the place of your location for any purpose in relation to the Service. If you do this, we may cancel your order, terminate access to your account, and/or take any other actions we deem necessary in accordance with the Terms.

Prices on the Store do not include shipping and handling, expedited services, or sales tax, which will be added to your total price during the ordering process. You are responsible for paying any shipping and handling charges and any sales taxes or other charges added at the time you complete a transaction. You are responsible for all bank fees related to any transactions or failed transactions (e.g., chargebacks from your bank or credit card provider) initiated by you, including domestic and international transaction fees.

We may make Products that are in development and not yet available for shipment available on the Store for pre-order. We may charge you the full price of the Product when we accept your offer to pre-order. If we are unable to accept your pre-order because a Product will not be available or is delayed, we may cancel your pre-order and/or notify you when it may become available for pre-order again (subject to your consent).

6.3 Delivery. We will only ship Products once we have received payment in full for the relevant Products in orders accepted by us. Orders will only be accepted from and Products shipped to valid addresses in the fifty states of the United States and the District of Columbia. If accepted, your order will be delivered to the valid address you provide during the ordering process. Please check the delivery address on any order acknowledgment or purchase confirmation we provide and notify us of any errors as soon as possible. If you change your delivery address after you submit an order, we reserve the right to cancel your order and/or notify you of any extra costs. 

We will ship Products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We will send you a shipping confirmation email with order information and tracking details. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. We will, however, use commercially reasonable efforts to ship the Product for delivery within the timeframe indicated on your purchase confirmation. During busy times such as holiday periods and periods of severe weather, there may be additional processing and shipping delays. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take such action.

6.4 Cancellation and Returns Policy. [TO BE COMPLETED].

7. TERMINATION

7.1 Duration of Terms. The Terms will begin upon your acceptance and will continue until terminated by either party as outlined in this Section, or until you cease using the Service.

7.2 Termination. Pioneer has the right to terminate your use of the Service at any time, for any reason, with or without notice to you. Upon termination, Pioneer may remove your access to the Service, including by suspending or deleting the applicable user account. You may terminate the Terms by deleting your user account and discontinuing the use of any Service, including visiting any Pioneer website.

7.3 Effect of Termination. In the event of termination, any right you may have had to any user account or associated digital materials will be forfeited.

8. MODIFICATION OF TERMS

We reserve the right to modify these Terms at any time in our sole discretion. If we modify these Terms, you will be required to confirm you accept the modified terms upon the next time you access or use the Service. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service. We encourage you to check back regularly to review these Terms.

9. WARRANTY DISCLAIMER

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, PIONEER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND PIONEER MAKES NO OTHER WARRANTY AS TO THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU. PIONEER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (1) THE SERVICE BEING ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR (2) INJURY OR DAMAGE RESULTING FROM THE SERVICE. WE TAKE REASONABLE MEASURES TO PROTECT THE SERVICE BUT CANNOT GUARANTEE THE SERVICE WILL BE FREE OF THIRD-PARTY VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER TYPES OF MALICIOUS CODE THAT MAY BE USED IN ANY WAY TO AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE.

10. LIMITATIONS OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PIONEER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE, MALFUNCTION, OR LOSS OF PROFITS, DATA, USE, BUSINESS, GOOD-WILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICE OR  INABILITY TO USE OR ACCESS THE SERVICE; (B) MISUSE OF THE SERVICE (INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS OF THE SERVICE); (C) ANY OTHER USER’S OR THIRD PARTIES’ CONDUCT ON THE SERVICE; OR (D) TERMINATION, SUSPENSION, RESTRICTION, OR OTHERWISE LIMITATION OF ACCESS TO THE SERVICE.

11. INDEMNIFICATION

If a third party makes a claim against Pioneer, its Affiliates or their directors, officers, agents, representatives, licensors, or employees (collectively, the “Pioneer Indemnitees”) as a result of: (i) your misuse of the Service; (ii) your violation of these Terms; or (iii) any breach or non-performance of any representation, warranty, covenant, or agreement made by you, you will indemnify, defend, and hold harmless the Pioneer Indemnitees against the claim at your sole expense, and you will pay all losses, damages, and expenses (including reasonable attorneys’ fees) levied against the Pioneer Indemnitees. Pioneer agrees to promptly notify you of any such third-party claims.

12. COPYRIGHT INFRINGEMENT

Pioneer responds to claims of copyright infringement submitted to our designated agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Our designated agent is:

Copyright Agent

Pioneer Electronics (USA) Inc.

970 W. 190^th Street, Suite 360

Torrance, CA 90502

Phone: 1-800-421-1404

Email:   

To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

• A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
• Your contact information, including your address, telephone number, and an e-mail address;
• A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Pioneer may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

We will respond to notifications and counter notifications of claimed copyright infringement in accordance with applicable law.

13. GENERAL PROVISIONS

13.1 Assignment. You may not assign the Terms or any right under the Terms. Pioneer may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction or notice. Subject to the foregoing, the rights and liabilities of the parties hereto are binding on, and will inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section will be null and void.

13.2 Severability. If any provision of the Terms is held to be invalid or unenforceable pursuant to a final judicial decree or decision, the remainder of the Terms will remain valid and enforceable. In the event of such partial invalidity, the parties will seek in good faith to agree on replacing any such legally invalid provision with a valid and enforceable provision which will most nearly and fairly reflects the parties’ intent in entering into the Terms.

13.3. Consent or Approval.

No Pioneer consent or approval may be deemed to have been granted by Pioneer without being in writing and signed by an officer of Pioneer.

13.4 Notices.

All legal notices must be mailed to: Legal Department, Pioneer Electronics (USA) Inc., 970 W. 190^th Street, Suite 360, Torrance, CA 90502. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13.5. Survival.

The provisions of the Terms that by their nature should survive termination of your use of the Service, such as Intellectual Property Matters, Warranties, Limitations of Liability, Indemnification, Copyright Infringement, Binding Individual Arbitration, Modification of Terms, and General Provisions, will survive termination of the Terms.

13.6 Support.

You acknowledge that the provision of support is at Pioneer’s sole discretion and that Pioneer has no obligation to provide you with customer support for the Service of any kind.

13.7 Severability; Interpretation.

If any provision of the Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity or enforceability of the remainder of the Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and will not limit the full Terms.

13.8 Complete Agreement; No Waiver.

The Terms reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in the Terms, (a) no failure or delay by you or Pioneer in exercising any of these rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (b) no waiver or modification of any term of the Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

13.9 International Issues.

Pioneer controls and operates the Service from the United States.  The Service is intended exclusively for use by U.S. residents, and only U.S. residents are authorized to use the Service. Pioneer makes no representation that the Service, or products and services promoted through the Service, is appropriate or available for the use beyond the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms or to any sale of goods carried out as a result of your use of the Service. Those who choose to access the Service from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

13.10 Investigations; Cooperation with Law Enforcement.

Pioneer reserves the right to investigate and prosecute any suspected breaches of the Terms or the Service. Pioneer may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

13.11 California Consumer Rights and Notices.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254.  Their website is located at: http://www.dca.ca.gov.

14. BINDING INDIVIDUAL ARBITRATION

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.  IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in class, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.

14.1 General. You and Pioneer agree that any dispute relating in any way to your use of the Service or otherwise related to the Terms (“Dispute”) will be submitted to small claims court or confidential, binding arbitration, and will be governed exclusively by the laws of the State of California, excluding its conflict of law provisions. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the Effective Date of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

14.2 Class Action Waiver and Agreement. Claims subject to Arbitration: To the fullest extent permitted by applicable law, you and Pioneer agree that any and all Disputes, other than those filed in small claims court, will be submitted to final and binding arbitration. References to “you,” “your,” “we,” and “us” in the Terms include our respective predecessors in interest, successors, and assigns as well as our respective past, present, and future parents, subsidiaries and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time you or our claim arises. This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory; (ii) claims that arose before this or any prior Arbitration Agreement; and (iii) claims for mental or emotional distress or injury not arising out of physical bodily injury. Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state and federal courts sitting in Los Angeles County, California: (a) any dispute, controversy, or claim relating to Pioneer’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; or (b) any legal action by Pioneer against a non-consumer.

14.3 Class Action and Jury Trial Waiver. You and Pioneer agree that, with respect to any Disputes and to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated (other than batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any party. This means that you and Pioneer may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Pioneer may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party, except as specified above.

Unless both you and Pioneer agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement will be deemed null and void in its entirety, and you and Pioneer will be deemed not to have agreed to arbitrate Disputes.

To the extent that any claims are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in Los Angeles County, California, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.

Notwithstanding the foregoing, you or Pioneer may participate in a class-wide settlement.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION OR SMALL CLAIMS COURT. You expressly agree to refrain from bringing or joining any claim in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

This Arbitration Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement will survive termination of the Terms.

14.4  Opt Out of Arbitration Agreement. You can decline this Arbitration Agreement by emailing Pioneer here and providing the requested information as follows: (i) Your Name; (ii) the URL of the Terms and Agreement to Arbitrate Disputes; (iii) Your Address; (iv) Your Phone Number; (v) and clear statement that you wish to opt out of this arbitration provision in the Terms (the “Opt-Out Notice”). The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the Service.  If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement will have no effect on any previous, other, or future arbitration agreements you may enter into with Pioneer. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement, which supersedes and replaces in its entirety all previous versions of Pioneer’s arbitration agreements and class action provisions. 

14.5 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. You and Pioneer agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute (“Dispute Notice”). A Dispute Notice from you to Pioneer must be emailed here (“Notice Address”). Any Dispute Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Dispute Notice, any relevant facts regarding your use of this website, including whether you have created an account with or receive any emails associated with this website and/or if you have made a purchase from this website, and if so, the date(s) of the purchase(s); (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Dispute Notice. The Dispute Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

After receipt of a completed Dispute Notice, the parties will engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Dispute Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) will work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Dispute Notice within 60 days after the completed Dispute Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines will be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Pioneer have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures. If the arbitration is already pending, it will be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Pioneer each agree that all Disputes will be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and will be before one arbitrator.

14.6 Arbitration Rules and Procedures. The arbitration will be initiated through National Arbitration and Mediation (“NAM”) and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures (“NAM Rules”).  If there is a conflict between NAM Rules and the rules set forth in these Terms, the rules set forth in the Terms will govern. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. If you have a question about the arbitration process or to obtain a current copy of the NAM Rules and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com. You and Pioneer agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in subsection 14.5 above, and that they are a party to the Terms enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification is required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com. All issues are for the arbitrator to decide, except as otherwise expressly provided herein and except as to issues relating to the scope and enforceability of the Terms or whether a dispute can or must be brought in arbitration, which are for a court of competent jurisdiction to decide. The arbitrator may consider but will  not be bound by rulings in other arbitrations involving different customers.   

If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure will apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows:  (i) NAM will administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM will provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) NAM will apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM will in no way be interpreted as authorizing class arbitrations of any kind. Pioneer reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement will be deemed null and void in its entirety, and you and Pioneer will be deemed not to have agreed to arbitrate Disputes.

Unless we and you agree otherwise, or the applicable NAM Rules dictate otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. At the conclusion of the arbitration proceeding, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision is binding only between you and Pioneer and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied will not be entered in any court.  

If NAM notifies the parties in writing that it is not available to arbitrate any claim, or if NAM is otherwise unable to arbitrate any claim, that claim will be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the “ADR Rules”), except as modified by this Arbitration Agreement. ADR Services’ Rules are available at https://www.adrservices.com/services-2/arbitration-rules/. If there are 20 or more substantially similar claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services will (i) administer those claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach (the “ADR Services Batching Procedure”) to facilitate the efficient resolution of these Claims. This ADR Services Batching Procedure will in no way be interpreted as authorizing class arbitrations of any kind. Pioneer reserves all rights and defenses as to each and any demand and claimant.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the Rules preempt all state laws to the fullest extent permitted by law. If the FAA and the Rules are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be resolved under the laws of California.

At the conclusion of the arbitration proceeding, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and Pioneer agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under NAM or ADR Services’ Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

The Parties agree that arbitration should be cost effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.

14.7 Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

14.8 Offer of Settlement.  In any arbitration between you and Pioneer, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party’s favor and is less than the defending party’s settlement offer or if the award is in the defending party’s favor, the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision will  serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.

14.9 Requirement of Individualized Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PIONEER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Pioneer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief will  be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. You agree that any arbitrations between you and Pioneer will be subject to this Arbitration Agreement and not to any prior arbitration agreement you had with Pioneer, and, notwithstanding any provision in this Arbitration Agreement to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with Pioneer, including with respect to claims that arose before this or any prior arbitration agreement.

14.10 Opt-Out of Future Changes to Arbitration Agreement. Notwithstanding any provision to the contrary, if Pioneer makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending Pioneer an email here within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) and, if applicable, the username or email address associated with any potential account on the Pioneer website. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to reject the change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

14.11 Arbitration Severability. If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion will be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement will continue to be enforceable and valid according to the terms contained herein. Notwithstanding the foregoing, if any court or arbitrator determines that both the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement will be deemed null and void in its entirety. 

This Arbitration Agreement will survive termination of these Terms. Except as provided in the opt-out provisions set forth in the Opt Out of Future Changes to Arbitration Agreement section above, the terms and conditions of this Arbitration Agreement supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Pioneer.

15. CONTACT INFORMATION

If you have any questions, comments or concerns, please contact us:

https://www.pioneerelectronics.com/PUSA/AboutPioneer/Contact+Us

Pioneer Electronics (USA) Inc.

970 W. 190^th Street, Suite 360

Torrance, CA 90502