b. YOU acknowledge that some content of the SERVICE is provided by third parties, and YOU also acknowledge that this SERVICE may enable access to third parties’ services or websites. YOU agree to enjoy such services or websites and access at YOUR own discretion and such enjoyment shall be subject to the conditions and terms between YOU and such third parties., including but not limited to price of merchandize, order confirmation system, maximum order amount, product delivery and payment policy. YOU also acknowledge and agree that ABS will not be responsible for neither the agreement between YOU and such third parties nor any content provided by such third parties.
c. YOU acknowledge that any software YOU downloaded or obtained via the SERVICE shall be used in compliance with the End User License Agreement (“EULA”) provided or contained therein.
d. YOU acknowledge that nothing in this NOTICE gives YOU a right to use any of ABS’s trademarks, service marks, product or service names, slogans, logos or images unless YOU have agreed otherwise in writing with ABS.
e. YOU acknowledge that this NOTICE may reference other guidelines, notices, agreements or other terms and conditions of the SERVICE provided by ABS or any information contained in the SERVICE, and such reference shall constitute an integral part of this NOTICE.
f. YOU acknowledge that ABS reserves the right to modify this NOTICE at any time, and each such modification shall be effective upon posting on the SERVICE. YOUR continued use of the SERVICE following any such modification will be deemed YOU agree to be bound by and YOUR acceptance of the modified NOTICE. It is therefore important that YOU read and visit this SERVICE on a regular basis to ensure YOU are updated as to the applicable NOTICE. If YOU do not agree to be bound by this NOTICE and to abide by all applicable law, YOU must discontinue using the SERVICE immediately.
g. YOU agree that the electronic format is the sole manner of declaration of intention of this SERVICE or NOTICE.
h. YOU acknowledge that this NOTICE may reference in order to protect YOUR privileges, YOU shall abide by the Internet application custom. YOU agree the following actions are strictly prohibited:
Any attempt to interfere, invade, or destroy any system or resource on the Internet.
Transmitting materials that are threatening, obscene, pornographic, or destroying the public order and customs.
Spreading computer virus through the network of the SERVICE.
Using any data mining, robots, or similar data gathering and/ or extraction tools. In the event that YOU use any software or tools mentioned, YOU will be removed from accessing the SERVICE.
i. YOU acknowledge that to the extent any account creation is required to access and use the SERVICE, you are responsible for maintain the confidentiality of your account login information and are fully responsible for all activities that occur under your account. ABS is not liable for any loss that you may incur as a result of someone else using your password or account, either with our without your knowledge. You may not share your account with anyone else. You agree to immediately notify ABS of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. ABS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
a. You understand that we cannot and do not guarantee or warrant that files available for your usage and downloading from the internet or the SERVICE will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
b. YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ABS IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
c. TO THE FULLEST EXTENT PROVIDED BY LAW, ABS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
d. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
a. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ABS, ITS AFFILIATES, OR THEIRLICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BELIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR INCONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKEDTO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDINGBUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINa. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ABS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.GS, LOSSOF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDINGNEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
b. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through ABS.
c. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
a. You agree to defend, indemnify, and hold harmless ABS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this NOTICE or your use of the SERVICE, including, but not limited to, your User Contributions, any use of the SERVICE’s content, services, and products other than as expressly authorized in this NOTICE, or your use of any information obtained from the SERVICE.
a. All matters relating to the SERVICE and this NOTICE, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
b. Any legal suit, action, or proceeding arising out of, or related to, this NOTICE or the SERVICE shall be instituted exclusively in the federal courts of the United States or the courts of the State of California , in each case located in the City of Industry and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of this NOTICE in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
a. ANY “DISPUTE” THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED ABOVE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. “DISPUTE” is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and any ABS entity related to or arising out of the SERVICE or this NOTICE. DISPUTE is to be given the broadest possible meaning that will be enforced. If a DISPUTE arises, you agree to first give notice to ABS by contacting Advanced Battlestations, Inc. at 17560 Rowland Street, City of Industry, CA 91748, Attn: Legal Department, and engaging in good faith negotiations to attempt to resolve any DISPUTE for at least 30 days, except that you or ABS (or any of its affiliates) may skip this informal negotiation procedure for DISPUTE enforcing, protecting, or concerning the validity of intellectual property rights.DISPUTE” isdefined as any disagreement, cause of action, claim, controversy, or proceeding betweenyou and any ABS entity related to or arisingout of the SERVICE or this NOTICE. DISPUTE is to be given the broadestpossible meaning that will be enforced. If a DISPUTE arises, you agree to firstgive notice to ABS by contacting Advanced Battlestations, Inc. at 17560 RowlandStreet, City of Industry, CA 91748, Attn: Legal Department, and engaging ingood faith negotiations to attempt to resolve any DISPUTE for at least 30 days, except that you or ABS (or any of itsaffiliates) may skip this informal negotiation procedure for DISPUTE enforcing,protecting, or concerning the validity of intellectual property rights.
a. To begin arbitration, either you or ABS must make a written demand to the other for arbitration. The arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable (“Rules”) of the JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) in effect when the claim is filed. You may get a copy of JAMS’s Rules by visiting www.jamsadr.com. The filing fees to begin and carry out arbitration will be shared between you and ABS, but in no event shall your fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by JAMS, at which point ABS will cover all additional administrative fees and expenses. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless you and ABS agree differently, the arbitration will take place in the county of Los Angeles and the State of California, and applicable federal or state law shall govern the substance of any DISPUTE. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. The arbitrator’s decision will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. Any court with jurisdiction over the parties may enforce the arbitrator’s decision.
a. Despite the provisions set forth above, you have the right to litigate any DISPUTE in small claims court or other similar court of limited jurisdiction, to the extent the amount at issue does not exceed $15,000, and as long as such court has proper jurisdiction and all other requirements (including amount in controversy) are satisfied.
a. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT BEFORE A JUDGE OR JURY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS ALL PARTIES INVOLVED IN THE DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
a. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND/OR THE CLASS ACTION WAIVER ABOVE, THEN: (1) YOU MUST NOTIFY ABS IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST USE THE SERVICE OR AGREE TO THE NOTICE, WHICHEVER OCCURS FIRST; (2) YOUR WRITTEN NOTIFICATION MUST BE MAILED TO ADVANCED BATTLESTATIONS, INC., 17560 ROWLAND STREET, CITY OF INDUSTRY, CA 91748, ATTN: LEGAL DEPARTMENT; AND (3) YOUR WRITTEN NOTIFICATION MUST INCLUDE: (A) YOUR NAME; (B) YOUR ADDRESS; (C) THE DATE YOU FIRST USED THE SERVICE OR AGREED TO THE NOTICE; AND (D) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY ABS ENTITY THROUGH ARBITRATION AND/OR TO BE BOUND BY THE CLASS ACTION WAIVER.
a. Despite anything to the contrary in this NOTICE, you may reject changes made to the binding arbitration provision and class action waiver if: (1) you’ve already begun authorized use of the SERVICE at the time the change was/is made; and (2) you mail written notice to the address in the immediately preceding paragraph within 30 days after the particular change was/is made. Should such a situation arise, you will still be bound by the DISPUTE procedures you previously agreed to and existing before the change you rejected was made.
a. Any DISPUTE determined not subject to arbitration and not initiated in small claims court will be litigated by either party in a court of competent jurisdiction in either the superior court for the County of Los Angeles or in the United States District Court for the Central District of California.
a. Notwithstanding anything contained in this NOTICE to the contrary, you acknowledge and agree that any violation of or non-compliance with this NOTICE by you will cause irreparable harm to ABS, for which monetary damages would be inadequate, and you consent to ABS obtaining any injunctive or equitable relief that ABS deems necessary or appropriate in such circumstances. ABS may also take any legal and technical remedies to prevent violation of and/or to enforce this NOTICE, including, but not limited to, immediate termination of your use of the SERVICE, if ABS believes in its sole discretion that you are violating or intend to violate this NOTICE. These remedies are in addition to any other remedies ABS may have at law, in equity or under contract.
a. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS NOTICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
a. Without prejudice to any of its other rights, ABS may terminate the SERVICE if you fail to comply with any of its terms. In case of such termination, you must: (i) cease all use, and destroy any copies, of the SERVICE; (ii) comply with the requirements in the section below entitled “Your Account Responsibilities”.
a. ABS RESERVES THE RIGHT TO AMEND THIS NOTICE AT ITS SOLE DISCRETION BY POSTING NOTICE ON A ABS DESIGNATED WEB SITE, BY EMAIL NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU, BY PROVIDING NOTICE AS PART OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amendment, you should promptly contact ABS for instructions. Your continued use of the SERVICE after the effective date of any such notice shall be deemed your agreement to be bound by such amendment.
a. If you provide ABS with any feedback or suggestions regarding the SERVICE or any content related to the SERVICE, you hereby assign to ABS all rights in such feedback and agree that ABS shall have the right to use and fully exploit such feedback and related information in any manner it deems appropriate without attribution, accounting, or compensation to you. ABS will treat any feed you provide to ABS as non-confidential and non-proprietary. You agree that you will not submit to ABS any information or ideas that you consider to be confidential or proprietary.