Terms of service
This website is operated by GamesRuslive. Throughout the site, the terms “we”, “us” and “our” refer to GamesRuslive. GamesRuslive offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – PRODUCT TITLES, DESCRIPTIONS AND CONDITIONS
You (the buyer) agree that you have read all the information made available on the product page before purchasing an item on our site. This includes accurately reading the product description located on the same page where you can find accurate details about the product including important information regarding product descriptions, that address what may or may not be included in the purchase, condition of the product or other important details. You understand that product titles are not the same as product conditions or descriptions. You understand that the product description will provide all the information regarding the product condition in addition to what is included in the purchase.
SECTION 5 – PURCHASERS UNDER THE AGE OF 18 YEARS OLD
Our site does not allow buyers under the age of 18 to purchase items through us without parent or guardian permission. All buyers under 18 years of age MUST have parental permission with the responsibility of the parent or guardian to verify the purchase before checkout to avoid misunderstandings, confusion, or unauthorized purchases made. You agree to not hold GamesRuslive.com responsible for misinterpreted or accidental purchases made by a minor, nor will refunds be honored due to this reason.
SECTION 6 – RESTOCKING FEES
There will be a restock fee assessed to all products being returned (When Applicable). The restock fee applied will be no more that 22% of the purchase price. Charges will be taken out of your portion of the refund. restock fees apply to all items being returned.
SECTION 7 - PRODUCT REFUNDS (For units not described as salvage)
Product refunds differ from shipping fee refunds. In order to receive a product refund you must return the item back to GamesRuslive.com. If your product was sent by the manufacturer, you will still need to send it back to GamesRuslive.com in order to received a refund of the product price. you understand that failure to return a product back to our warehouse will result in not receiving your product refund.
SECTION 8 – SHIPPING FEE REFUNDS
Any cost paid for upgraded shipping options are nonrefundable Ex: (Express shipping, Standard shipping & Express Elite Shipping)
SECTION 9 – RETURNING MERCHANDISE
When returning orders back to GamesRuslive, the buyer is responsible for the package contents and MUST make sure all original contents of the order are shipped back together. Failure to provide all contents of the order (accessories, manuals, cables, etc..) will result in a deduction of the refund due and/or a delay in receiving your refund.
SECTION 10 – SHIPPING LABELS
You (The buyer) are responsible for providing their own shipping label and proper packaging when returning items back to us. Return labels are not offered by GamesRuslive. The buyer is responsible for shipping their own order and must provide tracking with their order in a timely manor when shipping the item back to us.
SECTION 11 – SELF SHIPPING COST
If and when you (the buyer) are authorized to receive a refund, the buyer will only receive the purchase price of the item (minus any restock fees and shipping fees paid). The cost of shipping the item back to us is borne by the buyer and is not refundable cost. GamesRuslive will not be held responsible for the postage you (the buyer) decide to pay to ship back the item.
SECTION 11 - SHIPPING & PROCESSING TIME
All orders(except for special orders) are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. Items that are on back order will be shipped out as some as they become available. For shipping and order inquiries please visit us at https://www.gamesruslive.com/pages/contact-us or call (619)862-4374. It is customers responsibility to notify us of any issues regarding shipping time.
SECTION 12 - SPECIAL ORDERS (PREORDERS)
In an event where special orders are placed due to them being unavailable at our warehouse, Gamesruslive will reach out to the manufacturer to fulfill your order. special orders will be fulfilled(processed) within 5 business days. Processing does not guarantee a specific delivery time. Shipping estimates you will receive from USPS, UPS, FEDEX, or any other shipping service on this site will not be accurate. You agree not to hold GamesRuslive accountable for invalid shipping estimates provided by the shipping companies website when purchasing preordered merchandise from our website.
SECTION 13 - PROCESSING & TRACKING INFO FOR SPECIAL ORDERS (PREORDERS)
Tracking for orders will be provided ahead of time by the supplier during the processing phases. Receiving a tracking number for special ordered items does not imply that the item is currently in transit to your destination.
SECTION 14 - SHIPPING OPTIONS(PREORDERS)
Gamesruslive send out packages with different delivery agencies. Shipping options are subjected to change without notice. In some cases(special orders) Gamesrusllve will need to change the shipping services provided to fulfill your order. By accepting the terms and conditions, you give permission to gamesruslive.com to change the shipping services you requested in order to have your item fulfilled.
SECTIONS 15 - SHIPPING REROUTES(NON-PREORDER &PREORDERS)
Occasionally, shipment will need to be rerouted due to the ability to deliver by certain carriers. You agree not to hold Gamesruslive.com responsible for shipping redirects that cause a delay in receiving your package.
SECTION 16 - SHIPMENT DELAYS
You agree not to hold Gamesruslive.com accountable for shipment delays due weather conditions, manufacturer reroutes or missed fulfilment times.
SECTION 17 - CHANGES TO SHIPPING PROVIDERS
You agree not to hold Gamesruslive accountable for changing shipment providers after a shipping service was chosen during checkout
SECTION 18 - DELIVERY TIMES PROVIDED BY SHIPPING SERVICE
Gameruslive uses United states Postal Service software to give estimates of delivery times. these estimates are not accurate and at any time be changed or modified depending on the type of product and service you chose from GamesRuslive.com you agree no to hold GamesRuslive responsible for inaccurate information provided by the United States Postal Service shipping estimate software.
Section 19 - Shipping to Puerto Rico, Hawaii, Alaska and, APO-FPO's
Due to limited availability of transportation, shipping times offered by GamesRuslive may not be valid. In most cases, shipping to these destinations will take anywhere from 3-5 weeks.
The timeliness of service to destinations outside the contiguous U.S. may be affected by the limited availability of transportation. Due to the variability of transportation, Package Services and USPS Retail Ground® packages may take up to three to five weeks to reach Hawaii, Alaska, Puerto Rico and any U.S. Territories.
- This includes ZIP Codes with prefixes of 967 and 969 and those with the following prefixes: 995, 996, 997, 998, 999, 968, 006, 007, 008, and 009.
Transit times to Military APO/FPO/DPO will vary depending on operational conditions and the unit of the addressee. Get more information on MPO transit times here. To see the difference between USPS Retail Ground® and Priority Mail® items to MPO’s, click here.
therefore, you agree not to hold GamesRuslive.com responsible for a delay in shipping times due to your item being sent to these destinations.
SECTION 20 - LOST OR STOLEN PACKAGES
GamesRuslive is not responsible for lost or stolen packages after a confirmed delivery has been made to the household. If the tracking shows the item has successfully arrived to the buyer’s location, GamesRuslive will not be held liable for any lost or stolen packages thereafter.
SECTION 21 – PACKAGES LOST IN TRANSIT
It is the responsibility of the buyer to contact the shipping company to get information regarding packages that may be taking longer than usual to arrive to their location.
SECTION 22 - DELIVERIES RETURNED TO SENDER
It is the responsibility of the buyer to follow up with the shipping carrier to get any details pertaining to package. We are not responsible for mishipments, redirects, or returns made by you or the postal carrier.
If an item purchased with us has been sent back due to and invalid address, refused by send, unknown addressee etc... you will be given the option to refund or resend your order.
*Refund will be subjected to a 22% restock fee and and fees paid for shipping will not be returned
*Resend will be charged an additional shipping fee in accordance to the shipping time and carrier you decided to have us reship with.
You understand that though you never received your package, you are still subjected to a restock or reship fee regardless of whether or not your item was successfully delivered to your location or not.
SECTION 23 - Free Shipping(economy shipping) & First-time buyer Promos.
GamesRuslive.com free shipping also known as "economy shipping" promo extends to first time buyers only. The free shipping option applies to most orders shipped within the U.S for any size order with a transit time of 7-10 business days & with a 1-3 business day handling time. If the option is not available for your product, then it does not qualify for the free shipping promotion. The Free Shipping (7-10 business days) option must be available for the product during checkout, if not present, the item therefor does not qualify. Free & first-time buyer shipping offers are not valid on reshipment (if the order needs to be reshipped for any reason), Shipping Redirects or resends (If applicable). If your order needs to be resent to do an invalid address, you are responsible for paying for the resend as the promo does not apply to resends. If you choose NOT to have the item resent, then your item will be considered a return and therefor will be subjected to a 22% restock fee. as per our sites return policy.
SECTION 24 - FIRST TIME BUYER SHIPPING PROMOTIONS
Please review Section 7 above for information on all shipping promos. All first-time buyer shipping promos are subjected to the same terms.
SECTION 25 - RETURN POLICY
Our Return Policy can be found at:https://www.gamesruslive.com/pages/returns-exchanges. All returns are subjected to verification and a restock fee (if applicable). It is the customers responsibility to visit our return policy section to get full details on our return process. The customer accepts and acknowledges all return policies and procedures.
SECTION 26 - PAYPAL CLAIMS
If you paid using your paypal account, In an event were both parties cannot reach a mutual agreement, claims may take up to 30 business days to resolve. In an instance where you fail to meet the obligation of the paypal verdict: returning unit back in the condition you received it or providing all the items originally provided in the shipment, you agree to let GamesRuslive reopen a claim against you and forward your information the authorities where you may be prosecuted for theft.
SECTION 27 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 28 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 29 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order/, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 30 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 31 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 32 - BUYER CODE OF CONDUCT
You agree not to use any form of profane, vulgar, derogatory, threatening or insulting language when speaking with our staff over the phone or via email. Any threats made whether by legal implification, verbal abuse, damage to the business or its staff members will warrant a reason for suspension of your account and (depending on the reason) will be turned over to the authorities for possible prosecution.
If you are found violating our buyer code of conduct, your account and purchasing privileges will be suspended indefinitely.
SECTION 33 - VIOLATION OF TERMS OF SERVICE
In an event were you are found violating any of our terms & conditions mentioned, your purchasing privileges' will be revoked and your account will be suspended indefinitely from any of GamesRuslive.com's sites and its affiliates. Suspensions while products are in transit or processing will be cancelled or redirected back to our warehouse without your permission.
SECTION 34 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 35 - PERSONAL INFORMATION
SECTION 36 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 37 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 38 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GamesRuslive, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 39 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GamesRuslive and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 40 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 41 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 42 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 43 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 44 - UNAUTHORIZED USE
To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and unauthorized. This is because as between You and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
SECITION 45 - DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting what we just stated, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to any results that come from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
SECTION 46 - DISPUTES & ARBITRATION
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision allows us to promptly and efficiently resolve any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at Gamezruslive@gmail.com with the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. (5) your order number. If you find your concern is not resolved, your next step would be to involve our payment processor(paypal)If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Location of Arbitration – You or We may initiate arbitration in either California or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to California so long as you agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – You will be responsible for all fees and costs that are incurred in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law.
You understand and agree that by accepting this Provision in these Terms, You are waiving the right to a jury trial or a trial before a judge in a public court.
SECTION 47 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 48 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Gamezruslive@gmail.com.