Terms of Use

Discover Nikkei and the Japanese American National Museum (collectively, the “National Museum” or “we”) provide an international social network that celebrates cultural diversity, explores local and global identities, and connects communities and generations by sharing the stories and perspectives of the Nikkei, people of Japanese descent who have migrated and settled throughout the world (the “Services”) through our website, accessible at www.discovernikkei.org (the “Site”). Please read carefully the following terms and conditions (“Terms”) and our privacy policy, which is located at www.discovernikkei.org/about/privacy (the “Privacy Policy”) and is incorporated by reference into these Terms. These Terms govern your access to and use of the Site, Services and Collective Content (defined below), and constitute a binding legal agreement between you and the National Museum.

Key Content-related Terms

Content” means text, graphics, images, music, software, audio, video, information or other materials.

National Museum Content” means Content that the National Museum makes available through the Site or Services, including any Content licensed from a third party, but excluding Nima Content.

Nima” means an individual or entity that completes the National Museum’s account registration process, as described under the “Nima Account Registration” section below, and becomes a member of the Discover Nikkei online community called the Nima-kai.

Nima Content” means Content that a Nima posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

Collective Content” means, collectively, National Museum Content and Nima Content.

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification. The National Museum reserves the right, at its sole discretion, to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated” date at the bottom of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility. The National Museum encourages guests of all ages to visit and browse the Site. However, access to and use of certain features of the Site and Services, including, but not limited to those that require Account registration, are intended solely for persons who are 13 years of age or older. Any access to or use of such features by anyone under the age of 13 is expressly prohibited. By accessing or using such features of the Site or Services you represent and warrant that you are 13 years of age or older.

Nima Account Registration. In order to access certain features of the Site and Services and to post any Nima Content on the Site or through the Services you must register directly via the Site to create a free account (“Account”) and become a Nima. By registering an Account, you represent and warrant that you are 18 years of age or older. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The National Museum reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify the National Museum of any unauthorized use of your Account.

Privacy. See the National Museum’s Privacy Policy at www.discovernikkei.org/about/privacy for information and notices concerning the National Museum’s collection and use of your personal information.

Ownership. The Site, Collective Content and Services are protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of the National Museum and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.

Your Use of the National Museum Content and Nima Content. Subject to your compliance with these Terms, the National Museum grants you a limited, non-exclusive, non-transferable license: (i) to download, view and/or print any National Museum Content, solely for your personal and non-commercial purposes; and (ii) to view any Nima Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. If you are a teacher or an educator, you may reproduce, distribute, publicly display, publicly perform or use the Collective Content solely for classroom or workshop instruction in a school, museum or other non-profit educational organization, but you may not modify, adapt, prepare derivative works based upon, publish, sell, license, transfer or distribute on a for-profit or commercial basis any Collective Content without the National Museum’s prior written authorization. The authorization in this prior sentence does not apply to corporations that package, prepare or sell educational materials.

You will not use, copy, download, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Collective Content or Services, for any commercial purpose, without the National Museum’s prior written authorization. To request such authorization, please contact the National Museum at Editor@DiscoverNikkei.org. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the National Museum or its licensors, except for the licenses and rights expressly granted in these Terms.

License Granted by Nimas. We may, in our sole discretion, permit Nimas to post, upload, publish, submit or transmit Nima Content. By making available any Nima Content on or through the Site or Services, you hereby grant to the National Museum a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Nima Content only on, through or by means of the Site or Services. The National Museum does not claim any ownership rights in any Nima Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Nima Content.

You acknowledge and agree that you are solely responsible for all Nima Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Nima Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to the National Museum and to the rights in such Nima Content, as contemplated under these Terms; and (ii) neither the Nima Content nor your posting, uploading, publication, submission or transmittal of the Nima Content or the National Museum’s use of the Nima Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Content from Social Media and Networking Sites

As part of the functionality of the Site and Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information to the National Museum through the Site or Services; or (ii) allowing the National Museum to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to the National Museum and/or grant the National Museum access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating the National Museum to pay any fees or making the National Museum subject to any usage limitations imposed by such third party service providers.

By granting the National Museum access to any Third Party Accounts, you understand that the National Museum will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available on and through the Site and Services via your Account. Unless otherwise specified in these Terms, all Third Party Account Content, if any, will be considered to be Nima Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or the National Museum’s access to such Third Party Account is terminated by the third party service provider, then the Third Party Account Content that was available from such Third Party Account will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. The National Museum makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and the National Museum is not responsible for any Third Party Account Content.

Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site or Services (“Feedback”). You may submit Feedback by emailing us at Editor@DiscoverNikkei.org or through the “Contact” section of the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, deceptive or misleading; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; (v) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Site, or any individual element within the Site or Services, Discover Nikkei or the National Museum’s name, any Discover Nikkei or National Museum trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the National Museum’s express written consent;
  • Access, tamper with or use non-public areas of the Site, the National Museum’s computer systems or the technical delivery systems of the National Museum’s providers;
  • Attempt to probe, scan or test the vulnerability of any National Museum system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the National Museum or any of the National Museum’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
  • Attempt to access or search the Site, Collective Content or Services or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the National Museum or other generally available third party web browsers;
  • Send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a National Museum trademark, logo URL or product name without the National Museum’s express written consent;
  • Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting or in any way use the Site, Collective Content or Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Collective Content or Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site, Services or Collective Content;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

The National Museum will have the right to investigate and prosecute violations of any of the above General Prohibitions to the fullest extent of the law. The National Museum may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the National Museum has no obligation to monitor your access to or use of the Site, Collective Content or Services or to review or edit any Collective Content, but has the right to do so for the purpose of operating and maintaining the Site and Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The National Museum reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the National Museum, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

Copyright Policy. The National Museum respects copyright law and expects its users to do the same. It is the National Museum’s policy to terminate in appropriate circumstances Nimas or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the National Museum’s Copyright Policy at www.DiscoverNikkei.org/about/copyright for further information.

Links. The Site or Services may contain links to third party websites or resources. You acknowledge and agree that the National Museum is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services available from such websites or resources. Links to such websites or resources do not imply any endorsement by the National Museum of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or resources or the Content, products or services on or available from such websites or resources.

Termination and Account Cancellation. If you violate any of these Terms, the National Museum will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. The National Museum reserves the right to revoke your access to and use of the Site, Collective Content and Services at any time, with or without cause. In the event that the National Museum terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to Editor@DiscoverNikkei.org.

Disclaimers. THE SITE, COLLECTIVE CONTENT AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE NATIONAL MUSEUM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE NATIONAL MUSEUM MAKES NO WARRANTY THAT THE SITE, COLLECTIVE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. THE NATIONAL MUSEUM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, COLLECTIVE CONTENT OR SERVICES OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE NATIONAL MUSEUM OR THROUGH THE SITE, COLLECTIVE CONTENT OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT THE NATIONAL MUSEUM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES THE NATIONAL MUSEUM MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. THE NATIONAL MUSEUM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity. You agree to defend, indemnify and hold harmless the National Museum, its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Collective Content or Services, or your violation of these Terms.

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER THE NATIONAL MUSEUM NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, COLLECTIVE CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF, OR INABILITY TO USE, THE SITE, COLLECTIVE CONTENT OR SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NATIONAL MUSEUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE NATIONAL MUSEUM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE NATIONAL MUSEUM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices. All trademarks, service marks, logos, trade names and any other proprietary designations of the National Museum used herein are trademarks or registered trademarks of the National Museum. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between the National Museum and you regarding the Site, Collective Content and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the National Museum and you regarding the Site, Collective Content and Services.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the National Museum’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The National Museum may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by the National Museum via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution. You and the National Museum agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Central District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and the National Museum are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the National Museum otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and the National Museum otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and the National Museum submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The National Museum will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, the National Museum will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if the National Museum changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to Editor@DiscoverNikkei.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” below or in the date of the National Museum’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the National Museum in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of the National Museum to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the National Museum. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting the National Museum. If you have any questions about these Terms, please contact the National Museum at Editor@DiscoverNikkei.org or 213.625.0414 or Japanese American National Museum, 100 North Central Avenue, Los Angeles, CA 90012.

Updated: March 13, 2013

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