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YOU HEREBY REPRESENT AND WARRANT TO US THAT (A) YOU ARE 18 YEARS OF AGE OR OLDER, (B) YOU WILL PROVIDE TRUE, ACCURATE, CURRENT, AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS OR ALTERNATE MEANS OF CONTACTING YOU) IN YOUR REGISTRATION FOR THE SERVICE, AND (C) THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
If you sign up for a membership, you may receive an incentive for joining the program. As a member, you are entitled to access discounts and/or other benefits on certain products and services offered by the provider of this Service, as explained in the program materials or on the program website. Some benefits may not be available in your area. Please see your program materials and program website for details and limitations. This program is not available for Corporate Accounts or for customers who purchase products for business or institutional use or for the purpose of resale. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion. We reserve the right to request additional information, to reject any order or to cancel any membership.
Orders are processed within 48 hours of placement. Once your order is processed, the order cannot be canceled. Most deliveries take 2-9 business days after shipment. Actual delivery time depends on shipping distance, availability of the ordered item(s) and the shipping method you choose. Shipping is available only to addresses in the United States at this time. Shipments cannot be delivered to U.S. military bases, P.O. boxes and destinations different than the billing address. Orders must be placed and credit approved no later than 2:00 p.m. Eastern / 11:00 a.m. Pacific for shipping to occur within the next two business days if item is in stock. Game purchases are nonreturnable and nonrefundable unless found to be defective. Defective games must be returned within 21 days of receipt, in which case, you must first request a return authorization number. In order to cancel your order or if you have received a defective item, you must first contact our Customer Service at 1-866-823-0284 for replacement/refund information. Customer Service will assign you a return material authorization number (RMA#) that must appear with the return shipping address. Returns without a valid RMA# will not be accepted. Original shipment and handling charges are not refundable and you will be responsible for all costs associated with return shipment. We reserve the right to cancel orders at any time with prior written notification.
Payment terms are as specified in the Terms of Offer/Offer Details. Payment terms (including the amount of fees) may be updated by us from time to time.
The term of this Agreement will be for such period of time until the Service is canceled. You may terminate this Agreement and your Service at any time without further obligation. If you are enrolled in more than one program, each must be canceled separately. To cancel, call toll-free 1-866-587-1999.
You agree to indemnify, defend, and hold us harmless as well as any parent company, subsidiaries, affiliates, (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims or demands, including but not limited to reasonable attorneys' fees, arising from or in any way related to any alleged violation of this Agreement by you, use of the Services by any other person through you or using your account, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This section shall survive termination of this Agreement.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OFFERS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. NEITHER THESE TERMS AND CONDITIONS NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE AND ANY PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER, EVEN IF WE ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THIS SERVICE. OUR LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Neither party shall be liable to the other for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
These Terms and Conditions constitute the entire agreement between the parties with respect to the Service and supersede all previous proposals, both oral and written, representations, writings and all other communications between the parties.
These Terms and Conditions and the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect. 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 Service or to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
DISPUTES AND ARBITRATION PROVISION. These Terms and Conditions shall be construed, enforced and determined according to the laws of the State of Florida without regard for choice of law provisions. All parties and/or users understand and agree that arbitrations on a class action basis against Company or its affiliates are specifically prohibited and there shall be no right or authority for any Claims to be arbitrated on a class action basis, and all users specifically waive their rights to participate in any such arbitrations on a class action basis. All parties and/or users agreeing to these Terms and Conditions for any or all Services agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. Exceptions: You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim by us for injunctive relief. The arbitration proceeding shall be construed in accordance with the applicable laws of the American Arbitration Association. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.
All parties and/or users agreeing to these Terms and Conditions agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:
Last Updated: October 21, 2013