2. ACCEPTANCE OF TERMS
IMPORTANT NOTICE REGARDING ARBITRATION: THIS TERMS CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE REVIEW CAREFULLY SECTIONS 14 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. CHANGES TO TERMS
We may update or modify the Terms at any time without prior notice, and such changes will be posted through the Services. It is your responsibility to check this Terms periodically for changes. If we modify the Terms materially, to the extent permissible under the applicable law, such modification will be effective upon the earlier of (i) your first use of the Services with actual notice of such change, or (ii) 30 days from the posting of such change. Your continued access and use of the Services following any such change constitutes your acceptance to be bound by the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by this Terms and any modifications to it. Since our Services are evolving over time we may also change or discontinue all or any part of the Services, at any time and without notice.
These Terms will identify the date of last update. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the Dispute arose. “Disputes” means any dispute, action, controversy or claim arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.
4. ACCESSING THE SERVICES AND ACCOUNTS
When you use the Services, you represent that: (a) the information you submit to the Services is truthful and accurate; (b) your use of the Services does not violate any applicable law or regulation; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms. You must be 13 years or older to use any part of the Services. If you are less than 13 years of age and would like to use, subscribe, or register to any part of the Services, you represent that a parent or legal guardian has reviewed and agrees to these Terms on your behalf, and has completed the purchase and/or registration on your behalf.
4.2 Game Platforms
You are accessing our Software for our games through certain software providers which may also act as a download agent, which includes, but is not limited to, platforms like Steam and Oculus (“Game Platforms”). To access, purchase or download our Games through a Game Platform, you must create an account with that Game Platform (a “Gaming Account”) and you acknowledge and agree that the Game Platform’s terms and conditions may apply to your use of the Game Platform, your Gaming Account, and your use of our Services through the Game Platform. In the event of any conflict between any Game Platform’s terms and conditions and these Terms, these Terms will take priority.
4.3 Your Account
When you access our Services through a Game Platform, we will receive certain information about you from your Gaming Account. We may use this information to create an account for your use of our Services, which you may supplement with additional information through the functionality of the Services (an “Account”). Your Gaming Account and your player ID are personal to you and you may not under any circumstances share them or allow any other person to utilize your account or player ID. You may never use another’s account or player ID without permission. You are responsible for maintaining the confidentiality of your Gaming Account information. It is important you ensure that your Account information is accurate, complete and up-to-date, including the relevant information through your Gaming Account.
If you violate any provision of these Terms, your permission to use the Services will terminate automatically. In addition, we may, in our sole discretion, (a) suspend or terminate your access to the Services, or (b) remove any of your User Content, at any time, without notice for any reason. We will have no liability whatsoever as a result of any suspension or termination of your access to or use of the Service. If you are under 13, your parent/guardian may request the termination of your access to our Services by contacting customer service at email@example.com.
5. OUR INTELLECTUAL PROPERTY RIGHTS
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Services (the “Content”) are protected intellectual property of, or used with permission or under license by FFL. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site and each Software, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services.
Some of Services allow you to download Software which may update automatically. Subject to these Terms, For Fun Labs, LLC hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Content, solely to access the Services for your personal use. Your use of the Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Content is being transferred or assigned and these Terms should not be construed as a sale of any rights. Any breach of these Terms shall result in the immediate revocation of the license granted in this section without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Content or any portion of them unless expressly permitted by For Fun Labs, LLC in writing. You may not make any commercial use of any of the information provided in the Content or make any use of the Content for the benefit of another business unless explicitly permitted by For Fun Labs, LLC in advance. For Fun Labs, LLC reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
6. CONTENT SUBMITTED BY YOU
You are responsible for any information, text, reviews, posts, images, recordings or other materials or content that you upload to us, or transmit through our Services (“User Content”). You agree, represent and warrant that any User Content you transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, player ID, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Services a non-exclusive license to access your User Content through our Services, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of our Services and under these Terms. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory.
Our Rights: You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted through our Services; (b) monitor User Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to provide our Services, to protect us, our Sites visitors, and our Software users, to comply with legal obligations or governmental requests, to enforce these Terms, or for any other reason or purpose we deem appropriate. If you see User Content through our Services that you believe violates these Terms, please contact us at firstname.lastname@example.org.
7. PROHIBITED USE OF OUR SERVICES
While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited from:
(i) using the Services to send or post harassing, abusive, or threatening messages;
(ii) transmitting through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which
threatens our relationships with our partners, customers or suppliers;
(iii) attempting to conceal or misrepresent the identity of the sender or person submitting the
information, or otherwise invade someone’s privacy;
(iv) disrupting the normal flow of the Services, including any dialogue on the Services or otherwise
act in a manner that negatively affects other participants;
(v) sending spam or other direct marketing communications or posting, transmitting or linking to
any unsolicited advertising, promotional materials, or any other forms of solicitation or
(vi) intentionally or unintentionally performing or promoting any activity that would violate any
applicable local, provincial/state, national or international law, including but not limited to
any regulations having the force of law while using or accessing the Services;
(vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling
(viii) posting User Submissions or using the Services in such a way that damages the image or rights
of FFL, other users or third parties;
(ix) using any robot, spider or other automatic program or device, or manual process to monitor,
copy, summarize, or otherwise extract information from this Services or the FFL Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of this Services; and
(x) attempting to circumvent, disable or otherwise interfere with security related features of the Services that prevent or restrict use or copying of any FFL Content or enforce limitations on use of the Services.
8. THIRD-PARTY CONTENT AND LINKS
Any information, statements, opinions, or other information provided by third parties and made available on our Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statements, or other third-party Content on our Services.
We may provide on the Services, solely as a convenience to users, links to websites, social media widgets, or other third-party websites that are not owned or controlled by FFL. A description or link to such third- party services does not imply our endorsement of the third-party service. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, FFL will not and cannot censor or edit the content of any third-party site. By using our Services, you expressly relieve FFL from any and all liability arising from your use of any third-party website.
You agree that your use of third-party websites, applications, sites and resources, including without limitation your use of any content, information, data, advertising, products, or other materials on or available through such third parties, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
9. COPYRIGHT INFRINGEMENT NOTICES
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). . If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify us in accordance with the Digital Millennium Copyright Act. To do so, please send an email to email@example.com with the subject “DMCA Notice”, and include the following:
- Identify the copyrighted work that you claim has been infringed;
- Identify the material or link on our Services that you claim is infringing your copyrighted work;
- Provide your full legal name, company affiliation, mailing address, telephone number, and email
- Include in the body of your notice the following statement, followed by your electronic or physical
signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our Site Visitor or Software User’s access to and use of our Services if, under appropriate circumstances, the Site Visitor or Software User is determined to be a repeat infringer of the copyrights or other intellectual property rights of FFL or others.
10. NO WARRANTY
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF THE CONTENT AVAILABLE ON OUR SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE SOFTWARE, CONTENT AVAILABLE ON THE SITES, CONTENT AVAILABLE IN THE SOFTWARE, AND ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
BY OPERATING THE SERVICES, FFL DOES NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY OF THE CONTENT, MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT SUBMITTED BY SOFTWARE USERS, OR THAT WE BELIEVE THE CONTENT OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES, INCLUDING THE SITES AND ANY SOFTWARE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FFL, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SERVICES) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS OF FFL EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE SERVICES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE SERVICES, ANY OTHER MATTER RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES.
FFL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, MATERIAL OR ITEMS, (II) PERSONAL INJURY, PROPERTY DAMAGE OR INVESTMENT LOSSES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICES, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT, MATERIALS OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY OF THE CONTENT AVAILABLE THROUGH THE SERVICES, MATERIALS OR ITEMS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND THAT YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL FFL, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS INVOLVED IN CREATING OR PROVIDING THE SERVICES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FFL FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.
You agree to indemnify, defend and hold FFL, our affiliates, and all of our respective licensors, suppliers, directors, officers, investors, employees, agents, successors, assigns, service providers and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Services; or (iii) the Content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. DISPUTES, ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the above paragraph, then either you or we may initiate binding arbitration. Except for any disputes excluded below, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these TOS shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non- frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 28(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at email@example.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law and Rules: These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exception – California Privacy Attorney Generals Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
14. INTERNATIONAL USERS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:
Where any Act of Parliament implies any condition or warranty in relation to your use of our Services and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or Services again.
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to: For Fun Labs, 411 W. Monroe St Ste #50, Austin, Texas 78704.
14.3 European Union
Exceptions to Liability Limitations: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE TERMS WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
15.1 Notice to New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.
15.2 Notice to California Users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Terms will be enforceable.
15.4 No Waiver
Both parties’ actions and / or inactions will not create any other rights under these Terms except as what is explicitly written in these Terms. FFL’s failure to enforce any right or provision of these Terms will not be considered a waiver of such 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 FFL. 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.
15.5 No Assignment
You may not assign or transfer these Terms to another person.
15.6 Entire Agreement
These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.
16. CONTACTING US
If you have questions about the Terms, or if you have technical questions about the operation of the Services and Software, please email us at email@example.com.