Last Updated: May 30, 2023
Welcome to the ShopAEW website! All Elite Wrestling, LLC (“we,”
“us,” or “our”) are pleased to provide
you with access to our “Services,” which means, collectively, (i) our products
and service offerings on or
its related domains (“Website”), (ii) any email notifications or
“Terms”), and (iii) any information, data, and content
viewable on, contained in or downloadable from any of the foregoing.
We may change or update these Terms from time to time. If you have an active
customer account to the Services (“Registered User”),
then we will alert you of any material changes via a pop-up message prior to or while you are accessing the
Services, or by email at the email address you provide us at the time of registration or when you sign up for our
Services (as updated), at our discretion. In all cases, your continued use of any Services after we make changes
is deemed to be acceptance of all changes.
Please read these Terms carefully. You accept these Terms by clicking to accept
or agree to these Terms (when this option is made available to you), through use of the Services, or by continuing
to use the Services after a change to these Terms. If you do not agree
with these Terms, or any portion of these Terms (including any portion of our Privacy
Policy[a]), then you must not access or
use the Services.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND
DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN
INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK
RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.
WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICES (IN WHOLE OR IN PART) IF YOU
FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF THE SERVICES
WILL REFLECT POORLY ON US, THE SERVICES OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF THE SERVICES TO BE
ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.
Table of Contents:
- Eligibility to Use the Services
- Use of the Services
- Acknowledgement Regarding Availability of the Services
- Your Content
- Fees and Payment
- Third-Party Materials
- Consent to Electronic Communication
- International Users
- Linking to the Services and Social Media Features
- Text Messaging (“SMS”)
- Limitations on Liability
- Equitable Remedies
- Disputes: Arbitration Agreement, and Class Action Waiver
- Contact Information
- ELIGIBILITY TO USE THE SERVICES.
- You have the Right to Enter into these Terms. As an
individual interacting with the Services in your individual capacity or on behalf of an entity, you represent
and warrant that you have all right, power, and authority to enter into these Terms on your own or such
entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these
Terms on behalf of an entity, all references in these Terms to “you” and “your” will
mean such entity.
- Consideration. You acknowledge that these Terms are
supported by reasonable and valuable consideration, which you have received, and which is adequate. Such
consideration includes your ability to access, use or interact with the Services. You represent and warrant that
you have the capacity to be bound by these Terms.
- Age. You represent and warrant that you are at least the
age of 18 or if you are under the age of 18 you have the consent from your parent or legal guardian to access
and use the Services. If you are a parent or legal guardian of a user under the age of 18, by allowing your
child to use the Services, you are subject to, and agree to be bound by, these Terms and our Privacy
Policy and you are responsible for your child’s use
and access to the Services.
- USE OF THE SERVICES.
- Permitted Use. You will access and use
the Services solely in accordance with the conditions and limitations set forth in these Terms and any Services
documentation (“Permitted Use”). You will not,
and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode,
adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or
algorithms relevant to the Services and/or any underlying or related software, documentation or data
(collectively, “Technology”); (ii) modify,
translate, or create derivative works of, from or otherwise based on the Services or any Technology, in whole or
in part; (iii) access and/or use the Services for timesharing or reselling purposes or otherwise for the benefit
of a third-party; (iv) upload to or otherwise use the Services to store, post or transmit infringing, libelous,
fraudulent or otherwise unlawful or tortious material, or material in violation of third-party rights, including
privacy rights; (v) upload to or otherwise use the Services to store or transmit code, files, scripts, agents or
programs intended to do harm, including, for example (but not by way of limitation), viruses, worms, time bombs
and Trojan horses; (vi) interfere with or disrupt the integrity or performance of the Services or any Technology
(in whole or in part); (vii) attempt to gain unauthorized access to the Services, the Technology or any of their
related systems or networks; (viii) permit direct or indirect access to or use of the Services in a way that
circumvents a contractual usage limit; (ix) frame or mirror the whole or any part of the Services (including any
Technology); (x) access the Services and/or the Technology (in whole or in part) in order to build a competitive
product or service or for benchmarking or competitive
analysis; (xi) remove any proprietary notices or labels of or from the Services or any Technology; (xii) access
or use the Services in any way that violates these Terms, any third-party rights, or any appliable rules,
regulations or orders having the force of law (“Laws”), including, without
limitation, anti-spam, export control, privacy,
or anti-terrorism laws and regulations; (xiii) use the Services (in whole or in part), or any
information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise harassing, abusive, objectionable or offensive; (xiv) provide
false or inaccurate information when registering for an account with us, using the Services or communicating
with other Registered Users; (xv) attempt to re-register with us if we have terminated your account for any or
no reason or terminate your registration and re-register in order to prevent a review from being associated with
your account; (xvi) disrupt the normal flow of
communication or otherwise act in a manner that negatively affects other users’ ability to engage in
real-time exchanges; or (xvii) misuse or abuse the Services or Third-Party Materials in
violation of these Terms or eligibility requirements as determined by us.
- Your Submission of Registration Information to Us. To
access the Services or parts thereof (such as the Website), you will be asked to provide certain registration
details and other information. It is a condition of your use of the Services that all registration information
you provide on or via the Services is correct, current, and complete. You understand that our collection, use
consent to all actions we take with respect to such information consistent with our Privacy
Policy. We may (but are not obligated to) directly or through third parties, make any inquiries we consider
necessary to validate your identity or other information provided by you to us. We
may in our sole discretion terminate the accounts of, and refuse
services to, any user who repeatedly or knowingly misrepresents any registration information.
- Access Credentials. You may be issued a username,
identification number, password, link, or security key, security token, PIN or other security code, method,
technology, or device used, alone or in combination, to verify an individual’s identity and authorization
to access and use our Services (“Access Credentials”). We encourage you to
use strong Access Credentials (i.e., in the case of a password, one
that is long, uses a mix of letters (upper and lower case), numbers and symbols, has no ties to your personal
information, and no dictionary words) even if the Services permit simple Access Credentials. You have and will
retain sole responsibility for the security and use of all Access Credentials, including for any losses that you
or any third party may suffer as a result of the authorized or unauthorized use of any Access Credentials by any
third party. We reserve the right to disable any Access Credentials at any time in our sole discretion for any
or no reason, including (without limitation) if, in our opinion, you have violated any provision of these
- ACKNOWLEDGEMENT REGARDING AVAILABILITY OF THE SERVICES. We reserve the right to withdraw or
amend all or any portion of the Services, and any service or
material provided on the Services, in our sole discretion with or without notice to you. Furthermore, your
access and use of the Services may be interrupted from time to time for any of several reasons, including the
malfunction of equipment or devices, periodic updating, maintenance or repair of the Services or other actions
that we may, in our sole discretion, elect to take. We may also suspend or discontinue the availability of the
Services or any portion or feature of the Services at any time in our sole discretion and without prior notice
to you. From time to time, we may restrict access to some parts of the Services, or all the Services, to users.
We will not be liable if for any reason all or any part of the Services is unavailable at any time or for
any period or at all.
- YOUR CONTENT.
In the course of using our Services, you may submit or transmit certain content on,
to, through or in connection with the Services, including your information, reviews,
ratings and information that may be publicly displayed on or
through our Website (collectively, “Your Content”).
Responsibility for Your Content. You alone are responsible
for Your Content, and once published or otherwise used by us in accordance with our Privacy
Policy, it cannot always be withdrawn. You assume all risks
associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any
disclosure by you of information in Your Content that makes you personally identifiable. By submitting Your
Content on or through our Website, you represent and warrant that you own, or have the necessary permissions to
use and authorize the use of Your Content as described in these Terms and our Privacy
Policy and that Your Content complies with these Terms. You may not imply that Your
Content is in any way sponsored or endorsed by us.
You acknowledge that Your Content may expose you to liability. For example, but
not by way of limitation, you may be exposed to liability if Your Content contains material that is false,
intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark,
patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or
otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may, in our sole discretion but without any obligation to search for such, remove
any of Your Content in violation of these Terms. We will, in our sole discretion, terminate the accounts of, and
refuse Services to any user for any reason, including to any user who repeatedly or knowingly violates these
- TERMINATION. We reserve the right, in our sole
discretion, to immediately terminate your access to all or part of the Services, to remove your profile and/or
any of Your Content from the Services, and/or to terminate your account, with or without notice for any reason
or no reason in our sole discretion, including, without limitation, if we determine that you are not eligible to
use the Services, have violated these Terms, are not suitable for participation as a user, have mis-used or
mis-appropriated the Services, including, but not limited to, use on a "mirrored," competitive, or
third-party site, or have otherwise violated any provision of these Terms. If we terminate your use of the
Services, we have no obligation to notify you of the reason, if any, for your termination.
- FEES AND PAYMENT.
- Fees and Pricing. In order to utilize certain portions
of the Services, you may be required to pay a one-time fee, or other fees. You will be responsible for any state
or local sales taxes associated with purchases made by you on or through the Services. Any rights purchased by
you on or through the Services are personal to you and may not be transferred under any circumstances.
- Billing and Payment. You agree to pay us all charges and
fees associated with your purchase and as described on the Services at the time you submit your payment
information. You also authorize us, or a third-party payment processor that works on our behalf, to charge your
chosen payment method. We reserve the right to correct any errors or mistakes even if we have already requested
or received payment. By making any purchase on or through the Services, you represent and warrant that you are
authorized to use the payment card provided and are capable of entering into a contract under applicable
- No Refunds. Except as we may otherwise agree in writing, all
payments for services
or products made on or through the Services are non-refundable and there are no refunds or credits for unused or
partially used services or products purchased on or through the Services.
- THIRD-PARTY MATERIALS.
- Third-Party Materials. You acknowledge and agree that:
(i) one or more of the functionalities, services or products available on or via the Services may be made
available by third parties (“Third-Party Service Providers” and such
functionalities, services or products, “Third-Party
Materials”); (ii) certain aspects of the Services rely
on API integration for certain features and functions, but that API integration has its own inherent level of
unpredictability and inconsistency that is out of our control, and that as such we will have no liability for
downtime of any Services caused by API integration failures; (iii) Third-Party Service Providers may impose
restrictions on purchase and/or use of the particular Third-Party Material, in addition to other terms and
conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by,
or otherwise made available to, you (collectively, “Third-Party
Requirements”); (iv) you are solely responsible for your compliance with all
Third-Party Requirements; and (v) we may at any time terminate and/or discontinue any Third-Party Materials,
including as a result of termination of our relationship with the applicable Third-Party Service Provider. ALL
THIRD-PARTY MATERIALS ARE MADE AVAILABLE VIA THE SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED OR OTHER.
- Links to Third-Party Sites or Content. Links from the
Services to external sites or inclusion of advertisements and other third-party content on the Services do not
constitute an endorsement by us of such sites or the content, products, advertising, and other materials
presented on such sites or of the products and services that are the subject of such third-party content but are
for our users’ reference and convenience. We do not control third-party sites or content, and as a result
we are not and will not be responsible for them. Such sites and content are governed by their respective
Policy). We expressly disclaim any liability derived from the use
and/or viewing of such links or content that may appear on the Services, and you hereby agree to hold us
harmless from any liability that may result from the use of such links or content.
- Ownership. As between you and us, you will own all
right, title, and interest in and to Your Content. We or our licensors will own and retain all right, title and
interest in and to the following (collectively, “Our Property”): (i) the
Services, including the Website, the Technology, and all improvements, enhancements
or modifications to any of the foregoing; (ii) any work product, including any software, applications,
inventions or other technology or intellectual property developed, authored and/or reduced to practice in
connection with the Services (collectively, “Results”); (iii) the
“AEW”, and “All
Elite Wrestling” names, brands, marks and other similar
intellectual property; (iv) any suggestion, enhancement request, recommendation, correction or other feedback
provided by you relating to the subject matter of these Terms (collectively,
“Feedback”); (v) any and all performance data, test or evaluation
results, or other metrics derived from the Services, including the Website and Aggregated Data (as defined
below); and (vi) all intellectual property rights related to any of the foregoing. We expressly reserve all
other rights in and to the foregoing. During and after the term of your use of the Services, each of you and we
will cooperate with the other to do any and all things which are reasonably necessary or desirable to establish,
maintain, protect, and enforce our or your exclusive ownership of the property identified in this
- Use of Data. Notwithstanding anything to the contrary,
and to the extent not prohibited by Law, we will have the right to collect and analyze Your Content and other
information relating to the provision, use and performance of various aspects of the Services (including the
Website and Technology, and including, without limitation, Your Content and data derived therefrom), and we will
be free (during and after the term of your use of the Services) to: (i) use such information and data to improve
and enhance the Services and for other development, diagnostic and corrective purposes in connection with the
Services, including the Website, the Technology and/or our other service or product offerings; and (ii) use and
disclose such information and data solely in aggregate or other de- identified form in connection with our
business without disclosing your identity (“Aggregated Data”).
- Feedback. Any improvements, enhancements or other
modifications created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by us
(whether alone or together with you or any other third-party or parties) arising out of or relating to Feedback
are and will remain our sole and exclusive property.
- PRIVACY. We use your information as set forth in
incorporated into these Terms by reference.
- CONSENT TO ELECTRONIC COMMUNICATION. By using the
Services, you agree to allow us to communicate with you electronically (e.g., via an email we have on file for
you or by posting of the relevant communication or notice on the Services), and you consent to electronic
delivery of notices, documents, and other materials from us or the Services, including via the Website or
e-mail. If you are a Registered User, you also agree to check your account for alerts and messages, and the
e-mail account reflected on your account on a reasonably regular basis to stay apprised of important notices and
information about your account.
- INTERNATIONAL USERS. The Services are controlled,
operated, and administered by us from our offices within the United States of America
(“U.S.”). We make no representations that the Services or any content
are permissible, appropriate, or available for use in other jurisdictions. If you use the Services from a
location outside the U.S., then you do so by your own volition and you are solely responsible for compliance
with all applicable Laws (including local laws and any applicable U.S. export control laws). You must not access
or use the Services in a manner prohibited by any applicable Laws.
- LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES.
- You may link to certain portions of the Services, provided you do so in a way that
is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link
in such a way as to suggest any form of association, approval, or endorsement on our part without our prior
- The Services may provide certain social media features that enable you to: link from
your own or certain third-party websites to certain content available on the Services; send e-mails or other
communications with certain content, or links to certain content available on the Services; or cause limited
portions of content to be displayed or appear to be displayed on your own or certain third-party
websites. You may use these features solely as they are
provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance
with these Terms and any additional terms and conditions that we may provide with respect to such features.
Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) use
the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking
or in-line linking, on any website; or (iii) otherwise take any action with respect to the materials available
on the Services that is inconsistent with any other provision of these Terms.
- Any website from which you are linking, or to which you make certain content
accessible, must comply in all respects with these Terms. You
agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the
right to withdraw linking permission without notice. We may
disable all or any social media features and any links at any time without notice in our discretion.
- TEXT MESSAGING (“SMS”).
We may offer our customers mobile alerts about our Services and updates and other marketing
messages about events, services or products, and other offers by SMS message (the “SMS
Service”). By participating in the SMS Service, you are agreeing to these Terms
(including this Section 13) and to our Privacy
Signing Up and Opting-In to the SMS Service
Enrollment in the SMS Service requires you to provide your mobile phone number. You
may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the SMS
Service starts, you may need to verify the mobile phone number you provided by responding to a text message to
your mobile phone that affirms your choice to opt-in to this SMS Service and your agreement to these Terms. We
reserve the right to stop offering the SMS Service at any time with or without notice.
By opting into the SMS Service, you:
- Authorize us to use autodialer or non-autodialer technology to send
text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form
or, if none, the number from which you send the opt-in, or, if none, the number on file for the account
associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a
condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or
that you are the customary user of that number on a family or business plan and that you are authorized to opt
- Consent to the use of an electronic record to document your
opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact
information, please call 773-801-3500. To view and retain an electronic copy of these Terms or the rest of your
opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a
printer or storage space on such device. For an email copy, you'll also need an email account you can access
from the device, along with a browser or other software that can display the emails.
Messages You May Receive
Once you affirm your choice to opt into the SMS Service, your message frequency may
vary. You may receive an alert when:
- you are welcomed into the SMS Service
- an order or purchase has been placed
- there are general marketing or promotions
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your
wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for
sending and receiving text messages. You acknowledge that you are responsible for any message, data or other
charges incurred (usage, subscription, etc.) as a result of using the SMS Service.
The SMS Service may not be available on all wireless carriers. We may add or remove
any wireless carrier from the SMS Service at any time without notice. We, and mobile carriers, are not responsible
for any undue delays, failure of delivery, or errors in messages.
To Stop the SMS Service
To stop receiving text messages from us reply STOP to any of the text messages you
have received from us. For Services operated through a different number, text STOP to that number to opt
out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message
program to which it applies (if you have more than one). To complete your opt-out, please provide the requested
clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe
requests that do not include the STOP keyword command and agree that we and our service providers will have no
liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may
continue to receive text messages from us through any other programs you have joined until you separately
unsubscribe from those programs. These Terms will still apply if you withdraw the consent mentioned above or opt
out of the SMS Service.
Help and Questions
You can text HELP for help at any time. This will provide you a link to these Terms along with a
phone number to call for assistance. If at any time you forget what keywords are supported, just text
“HELP” to the text message you received. After you send the SMS message “HELP” to us, we
will respond with instructions on how to use our service as well as how to unsubscribe. You can also contact
us at 773-801-3500 or [email protected].
Mobile Phone Number Change
In the event that you change or deactivate your mobile phone number, you agree to notify us
by emailing [email protected] or calling
Data and Message Frequency
Data obtained from you in connection with this text messaging service may include your mobile
phone number, your carrier’s name, and the date, time and content of your messages and other information you
provide to us as part of this service. We may use this information to contact you and provide services you request
from us. We may also use this information as described in the subscription list you’ve enrolled in. We may
use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy
As always, message and data rates may apply for any messages sent to you from us and to us from
you. If you have any questions about your text or data plan, it is best to contact your wireless
provider/carrier. For questions about the Services we provide, contact us at [email protected].
We will not be liable for any delays in the receipt of any text messages. Delivery is
subject to effective transmission from your network operator.
- INDEMNIFICATION. You will indemnify, defend and hold
us, and our subsidiaries, affiliates, members, managers, directors, officers, equity holders, contractors,
employees and agents, harmless from and against any and all claims, losses, damages, judgments, liabilities
costs, and expenses (including attorneys’ fees and the costs of enforcing this provision and of pursuing
any insurance providers) arising from or relating to: (i) any of Your Content, including any misleading, false,
or inaccurate information, or use, disclosure or storage of Your Content by us or on our behalf in accordance
with these Terms; (ii) your failure to comply with any applicable Laws, or your breach of any of your
obligations, covenants, or representations and warranties set forth in these Terms; (iii) your access or use of
the Services, in whole or in part; (iv) your violation of any third-party right, including without limitation
any right of privacy or intellectual property rights; (v) your gross negligence, fraud, or willful misconduct;
(vi) any other party’s access and use of the Services with your unique Access Credentials; (vii) any
dispute between you and any other user of the Services; or (viii) non-payment or fraudulent chargeback by you
for any of the Services.
- DISCLAIMERS. THE SERVICES
(INCLUDING THE TECHNOLOGY AND ALL CONTENT) ARE PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES
ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME. Without limiting the
generality of the foregoing:
- You acknowledge that all or a portion of the Services may be temporarily
unavailable for any reason, including scheduled maintenance, unscheduled emergency maintenance, force majeure or
for other reasons affecting us, the Registered User (as applicable) or our other applicable Third-Party Service
Providers, or because of other causes beyond our control. WE DO NOT WARRANT THAT ACCESS TO THE SERVICES OR ANY
CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY THAT THE SERVICES, ANY CONTENT (IN
WHOLE OR IN PART) WILL BE PROVIDED AT ANY PARTICULAR INTERVALS OR AT ALL, OR IF PROVIDED, WILL MEET YOUR OR ANY
OTHER PERSON’S REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULT, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE
LAWS, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, BE SECURE, ACCURATE, COMPLETE, FREE OF
HARMFUL CODE OR ERROR FREE, OR BE AGE APPROPRIATE OR UNOFFENSIVE.
- WE DO NOT: (i) WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR APPROPRIATENESS OF
ANY CONTENT AVAILABLE ON, THROUGH OR AS A RESULT OF THE SERVICES AND HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR
THE SAME, INCLUDING ANY ERRORS OR OMISSIONS IN THE SAME; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE
ACCURACY OR RELIABILITY OF ANY CONTENT AVAILABLE ON THE SERVICES. ALL CONTENT AVAILABLE ON, THROUGH OR AS A
RESULT OF THE SERVICES IS PROVIDED FOR YOUR INFORMATIONAL PURPOSES ONLY. THIS CONTENT IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT WILL WE BE LIABLE IN ANY WAY WITH REGARD TO SUCH CONTENT.
YOUR CONSUMPTION OR OTHER USE OF ANY SUCH CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK.
- NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES, WILL
CREATE ANY WARRANTY REGARDING US OR ANY OF THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE THE
SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES, AT
YOUR OWN DISCRETION AND SOLE RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS
TO THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, YOUR DEALINGS WITH ANY THIRD-PARTY, AND
YOUR CONSUMPTION OR OTHER USE OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, OR THE LOSS THEREOF OR OF ANY DATA THAT MAY RESULT FROM THE USE OF
THE SERVICES OR THE USE OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES.
- ALL THIRD-PARTY MATERIALS INCLUDED IN OR OTHERWISE MADE AVAILABLE VIA THE SERVICES
ARE PROVIDED "AS IS" AND SUBJECT TO ANY APPLICABLE THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS.
ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICES IS STRICTLY BETWEEN YOU AND THE
THIRD-PARTY SERVICE PROVIDER.
- YOUR USE AND ACCESS TO THE SERVICES (INCLUDING ANY CONTENT THEREIN) IS AT YOUR SOLE
AND EXCLUSIVE RISK, AND YOU CAN AND SHOULD CONDUCT YOUR OWN DUE DILIGENCE YOU DEEM NECESSARY OR APPROPRIATE
BEFORE DOING SO.
- LIMITATIONS ON LIABILITY.
- IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE
LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF THE SERVICES OR ANY CONTENT MADE AVAILABLE ON
OR THROUGH THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT
OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES OR ANY
CONTENT (IN WHOLE OR IN PART); (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR DATA, OR A BREACH OF DATA OR
SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES,
IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR
SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY
OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR
RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE CONSUMPTION OR USE OF THE SERVICES OR ANY
CONTENT AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY,
EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S CONSUMPTION OF OR RELIANCE ON CONTENT
AVAILABLE BY, OR AS A RESULT OF, THE SERVICES.
- IN NO EVENT WILL OUR, AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, COLLECTIVE
AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE
THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE
AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE
FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
- Certain state laws do not allow limitations on implied warranties or the exclusion
or limitation of certain damages. If these state laws apply to you, some or all the above disclaimers,
exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be
inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations
for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute
or proceeding referred to final or binding arbitration.
- EQUITABLE REMEDIES. You acknowledge that we may be
irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate
remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will
be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened
breach, without being required to show any actual damage or to post an injunction bond, or to a decree for
specific performance of the provisions of these Terms. You agree that (notwithstanding Section
18 below) we may bring any action or proceeding with regard
to such injunction restraining such breach or threatened breach in the courts of record of Cook County,
Illinois. You consent to personal jurisdiction over you by such court and to the exclusive jurisdiction of such
court, and waive any objection to the laying of venue of any such action or proceeding in such court.
- DISPUTES: ARBITRATION AGREEMENT, AND CLASS ACTION
Please read this Section carefully. Except as these Terms otherwise provide, you
waive your rights to try any claim in court before a judge or jury and to bring or participate in any class,
collective, or other representative action.
- Agreement to Binding Arbitration and Pre-Arbitration Dispute
You and we agree that any dispute between us (including any dispute between you and a third-party
agent of us) will be determined by binding and final arbitration and not in a court.
“Dispute” includes, but is not limited to: (i) any dispute, claims, or
arising out of or relating to any part of these Terms (including our Privacy
Policy), or the existence, breach, termination, enforcement, interpretation or validity thereof; or
(ii) your access to or use of our Services, including the Website’s services or products at any time. Such
Dispute shall be determined by individual arbitration in Cook County, Illinois (or such other location as you and
we mutually agree) before one arbitrator. Before initiating arbitration, you acknowledge and agree that you will
first give us an opportunity to resolve your Dispute. This includes sending a written description of your Dispute
to us within 30 days of the event or occurrence giving rise to your Dispute including, but not limited to,
information or representations related to our products or services and upon which you rely. You may seek to
resolve any customer concerns through our support services at [email protected].
You agree to negotiate with us in
good faith about your Dispute. If for some reason your Dispute is not resolved to your satisfaction within 30 days
after our receipt of your written Dispute, you agree to the dispute resolution provisions below.
You and we agree that the arbitrator (“Arbitrator”), and not any federal,
state, or local court or agency,
shall have exclusive authority to resolve any disputes relating to the interpretation, applicability,
enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this
Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold
arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any
defense to arbitration, including waiver, delay, laches, or estoppel.
- No Class Action
You and we each agree that any dispute resolution proceedings will be conducted only
on an individual basis and not in a class, consolidated, or representative action. This means that you and we each
agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or
a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and
may not otherwise preside over any form of a representative or class proceeding.
By agreeing to individual arbitration, you understand and agree that you are waiving
your right to maintain other available resolution processes, such as a court action or administrative proceeding,
to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although
review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be
available in court, and must enforce the same limitations stated in these Terms as a court would.
- Rules and Governing Law
The arbitration shall be administered by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules
Notwithstanding any choice of law or other provision in these Terms, the parties
agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and
that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will
govern its interpretation and enforcement and proceedings pursuant thereto. It is the
intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by
law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Agreement or
the enforcement thereof, then that issue shall be resolved under the laws of the State of Florida, without regard
to its conflict of laws provisions.
Unless you and we agree otherwise in writing, in the event that any provision of this
Section is found not to apply to you or to a particular claim or Dispute as a result of a decision by the
Arbitrator or a court order, any claim or Dispute that has arisen or may arise between you and us must be resolved
exclusively by a state or federal court located in Cook County, Illinois. You and we will submit to the personal
jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or
- Arbitrator’s Decision
The Arbitrator will decide the substance of all claims exclusively in accordance with
the laws of the State of Florida, including recognized principles of equity, and will honor all claims of
privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other
users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable
Regardless of the manner in which the arbitration is conducted, the Arbitrator
shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of
law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction.
This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of
competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties.
Judgment on any award rendered by the Arbitrator is final, binding and conclusive on
you and us and your and our respective administrators, executors, legal representatives, successors and
With the exception of disclosures to affiliates and legal counsel, all negotiations
and arbitration proceedings related to a Dispute (including a settlement, award, or the documents and briefs
exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the
extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as
required by law.
Payment of all filing, administration and Arbitrator fees will be governed by the JAMS
Rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they
are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose
or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by
f. Limitation on
In any arbitration, the Arbitrator is not empowered to award punitive or exemplary
damages, except where permitted by statute, and you and we each waive any right to recover any such damages. The
Arbitrator also may not award any incidental, indirect or consequential damages, including damages for lost
- MISCELLANEOUS. You may not assign
these Terms or your rights to use all or any portion of the Services without our prior written consent. No delay
or omission by us to exercise any right or power under these Terms will impair any such right or power or be
construed as a waiver thereof. A waiver by us in any one instance of any of the covenants, conditions, or
agreements to be performed by you will not be construed as a waiver with respect to any succeeding instance in
which the same provision may apply. We may update, amend, or change these Terms at any time, provided that, if
you are a Registered User then we will alert you of any material changes via a pop-up message prior to or while
you are accessing your account or the Services, or by email, in our sole discretion. In all cases, your
continued use of any Services after we make changes is deemed to be acceptance of all changes. The headings
contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms
and will not limit or otherwise affect in any way its meaning or interpretation. These Terms are for the sole
benefit of the parties and their respective permitted successors and permitted assigns and nothing herein,
expressed or implied, is intended to or will confer upon any other person any legal or equitable right, benefit
or remedy of any nature whatsoever, under or by reason of these Terms. If any provision of these Terms is found
by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability will not affect the other provisions of these Terms, which will remain in full force and
effect. These Terms represent the entire understanding and agreement between us and you with respect to the
subject matter hereof, and supersede all other negotiations, understandings, and representations (if any) made
by and between such parties, whether orally or in writing. For purposes of these Terms, the words
“include,” “includes” and “including” are deemed to be followed by the words
“without limitation”, and the word “or” is not exclusive.
- CONTACT INFORMATION. If you have any questions or
need further information as to the Services, please contact us via email at: [email protected].