Online Store Terms of Sale
LAST UPDATED: May 3, 2021
Welcome to Maximum Games’ online store (“Store”) that is owned by Maximum Games, Inc. (“Maximum Games,” “we,” “us,” and “our”) and powered by ONELIVE, LLC (“ONELIVE”). These Online Store Terms of Sale (“Terms of Sale”) cover your use of the Store.
THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND MAXIMUM GAMES AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND MAXIMUM GAMES AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $5,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 20). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER.
TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
We encourage you to read the Agreement carefully. YOU MAY NOT USE THE STORE IF YOU DO NOT AGREE TO THE AGREEMENT.
USER ACCOUNT. If the Store requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form, which may include, but not limited to, your first and last name, shipping address, and billing information. You may also be required to accept a separate terms of service as a condition of opening the account. Your use of the account to access the Store and content you have acquired from the Store is subject to all of the terms governing the Maximum Games account. For more information, please see the Maximum Games Terms of Service. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account.
Geographic Availability. Available products and services may vary depending on your region or device. In addition, there may be limits on where we can ship goods, or provide services or digital content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing. You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your account.
END USERS ONLY. You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.
EXPORT LIMITATIONS. Products and services acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
Billing. By providing a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us and/or ONELIVE to charge you for any products, services or available content purchased using your payment method through payment processing partner; and (iii) authorize us and/or ONELIVE to charge you for any paid feature of the Store that you choose to sign up for or use. 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 in connection with your transactions. You may be billed (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, you will be charged up to the amount you have approved, and you will be notified in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. You may be billed at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
Payment processing partner processes the payments, but the invoice that you will receive is generated by ONELIVE. Therefore, we and ONELIVE have access to your address, transaction time and date, but not to your payment information. We and/or ONELIVE may require you to provide your address or other information in order to meet ONELIVE’s obligations under applicable tax law.
If your use of the Store and purchases, including Recurring Payment Subscriptions, are subject to any type of use or sales tax, then you will be charged for those taxes as well.
Recurring Payments. For subscriptions purchased, based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription, you agree and reaffirm that ONELIVE is authorized to charge your credit card through the authorized payment processing partner, or to process your payment with any other applicable third-party payment processors (such as Paypal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify ONELIVE and us promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify ONLIVE and us promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.
product Availability and Pre-orders. Products are for sale within the limit of available stock. Product prices and availability are subject to change at any time and without notice. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the products that you ordered are unavailable, we or ONELIVE may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, your order will be cancelled.
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.
We may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to the associated content will be disabled.
We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased; you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase
Under limited circumstances, pre-orders may be offered. Pre-orders are processed as soon as the item is in stock and fully received. You can expect your order to ship 1-5 business days after the item is received in stock.
Please note any pre-order items placed in an order with an in-stock item will only ship when all items are in stock. If you wish to have your in-stock items shipped first, please place them in a separate order.
PRODUCT ORDER AND CONFIRMATION. When you place an order for a product, it is a binding to purchase the said product. Upon the placement of an order, an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance. When ONELIVE approves the order, then your order is accepted by ONELIVE. However, we, Maximum Games, only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the “Fulfilment Confirmation E-mail”). For digital products, you will receive a link within the Fulfilment Confirmation Email directing you to your product’s key, allowing you to unlock and download your purchase.
If your order is dispatched in more than one package, you may receive a separate email for each package (“Dispatch Confirmation Email”). Each Fulfilment Confirmation Email and the corresponding Dispatch Confirmation Email shall conclude a separate contract of sale between us for the product(s) specified in that Fulfilment Confirmation E-mail. Your contract of sale is with ONELIVE.
Online Only. The orders for purchase of product shall be placed exclusively via our online Store.
Automatic order confirmation errors may occur. Please check the automatic order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Orders will only be accepted from customers who are of legal age of majority. If you are under the legal age of majority, your parent or legal guardian must purchase the product. ONELIVE holds the right to cancel or refuse any order from a customer with whom a previous order’s payment dispute is being resolved.
You consent to receive sales invoices electronically. Electronic invoices will be made available in your account. For each delivery, in our Fulfilment Confirmation E-mail, you will receive a link to your electronic invoice on the Site. If you purchase products as a guest without an account or have not printed your invoice upon receiving your Fulfilment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy, please contact as at firstname.lastname@example.org.
11. Delivery of Physical goods. Your order shall be delivered to the address provided at the time of placing the order. The delivery delay indicated on the Website is strictly indicative and may vary with the progression of the order. The Reseller shall not be held responsible for delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. It is your responsibility to verify the good condition of their package(s) and its content upon receiving the package. In the event the package(s) or content are not in conformity with the order, you shall put in writing a full description of the content and disconformities, on the delivery slip, and shall issue a letter, with an acknowledgement of receipt and similar in content, within 3 days of package receipt.
Reseller does not cover additional shipping expenses, duties, and taxes, for international shipments.
- RETURNS. You have fourteen (14) calendar days, from the issuance of the date of receipt of the product, to return the product with no obligation, justification, or payment of penalties. You are only required to pay the return postage cost for the package. The original invoice of the purchase of product must be included with the returned product. Only unopened product(s) in new condition will be accepted.
You must first notify the customer service team that you will be returning the product by sending an email to the following address: email@example.com specifying 'RETURN REQUEST' as the reason. You must follow the returns procedure provided by the customer service team. If the Product is returned after the return period or if the return procedure is not followed, your return package may be refused and returned to you. When you return a product, you may only be reimbursed for the amount that you paid for the product.
Reseller does not cover shipping or customs expenses for returns. The Customer will be responsible for all shipping and customs expenses and procedures. Please contact our customer support for all returns.
Products that are delivered digitally are not eligible for returns.
NOTE: IF THE PRODUCT IS A CD, DVD, OR SOFTWARE/VIDEO GAME, AND YOU HAVE BROKEN THE SEAL, YOU ARE NO LONGER ENTITLED TO THIS RIGHT TO RETURN.
For products that are sold as part of a bundle set, we are unable to accept partial returns of the items in the bundle at this time, except in the case of a wrong or faulty product. If you wish to make a return, all the bundle items must be returned together, in accordance with the return policy outlined above.
ONELIVE does not take title to returned items until the items arrive at the returns address destination.
At our discretion, a refund may be issued without requiring a return. In such cases, ONELIVE does not take title to the refunded product.
The customer service team may be contacted at the following email address: firstname.lastname@example.org.
13. Wrong or Faulty Product. If the order is incorrect or the product is faulty, within 72 hours of the delivery of the incorrect or faulty product you must notify the customer service team to process the return with the subject-line: FAULTY PRODUCT. You must also provide additional information to explain what is wrong with the product. In order to return the faulty or incorrect product, you must follow the returns procedure provided by the customer service team.
Such product will be received Maximum Games or the logistics service provider and will be tested by experts. All returns on the grounds of a fault will be submitted for verification.
If the fault is confirmed, you will be informed and you may ask for an exchange or a refund. Product exchange will only be possible within the limit of available stock. If the product is no more available, a refund will be granted. The delivery cost of returning a faulty product (up to Fifteen Euro (15.00 EUR)) will be reimbursed only if it has been verified to be faulty.
14. Product-related Customer Support. Please visit https://www.maximumgames.com/support-page/ or https://modusgames.com/support/ for product-related customer support.
15. Ownership Rights. The ownership of the CD, DVD, or software/video game (except for software or any other digital content included therein) shall be transferred to you when full payment is received. However, any risk of loss, theft or destruction, in the period between the delivery and the transfer of ownership, shall be borne by you. All software and other digital content included in the product is licensed, not sold. Such license confers to you no title or ownership in the software. You shall comply with Maximum Games’ End User License Agreement regarding the use of the software and the digital content.
Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, MAXIMUM GAMES AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:
- YOUR PURCHASE AND USE ARE AT YOUR OWN RISK;
- WE PROVIDE PRODUCTS “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”;
- YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND
- SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
MAXIMUM GAMES DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
If, despite these Terms of Sale, you have any basis for recovering damages arising out of or RELATING TO the Store (including the Services), or any product or service offered, your exclusive remedy is to recover from Maximum Games or ITS suppliers, resellers, distributors, and content providers DIRECT total damages up to (1) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) if you live in (or are a business with your principal place of business in) the United States, US $100.00 if there was no service, subscription, or similar fee.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
Limitation of Liability. YOU AGREE THAT YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 17 AND 18 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction.
This Agreement is governed by and is to be construed in accordance with the laws of California, without reference to its choice of law rules. The Parties agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in Contra Costa County, California or in the United States District Court for the Northern District of California, and the Parties irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder. You and Maximum Games agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
Binding Individual Arbitration; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Most issues can be resolved quickly and amicably by contacting Maximum Games customer support at https://modusgames.com/support/. But we understand that sometimes disputes can’t be easily resolved by customer support. This Section explains how you and Maximum Games agree to resolve those disputes, including (where applicable) by binding, individual arbitration.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between you and Maximum Games is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and Maximum Games.
1 Informal Resolution. If you have an issue that our customer support can’t resolve, prior to starting arbitration You and Maximum Games agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and Maximum Games agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day you or Maximum Games receive a written Notice of a Dispute in accordance with this Agreement.
You will send your Notice of Dispute to Maximum Games, Inc., Legal Department, 590 Ygnacio Valley Road Suite 220, Walnut Creek CA 94596. Include your name, account name you use while playing the game, address, how to contact you, what the problem is, and what you want Maximum Games to do. If Maximum Games has a dispute with You, Maximum Games will send our Notice of Dispute to your registered email address and any billing address you have provided us.
If you reside in the European Union (“EU”), You may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
If the dispute isn’t resolved within by Informal Resolution or small-claims court (below), you or Maximum Games may start an arbitration in accordance with this Agreement.
20.2 Small Claims Court. Instead of using Informal Resolution, you and Maximum Games agree that you may sue us in small-claims court in your choice of the county where you live or Contra Costa County in California (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to before going to small-claims court.
20.3 Binding Individual Arbitration. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
You and Maximum Games agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by this Agreement.
This means that you and Maximum Games agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute. JAMS uses experienced professionals to arbitrate disputes, which helps You and Maximum Games resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.
The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment.
(a) Disputes We Agree to Arbitrate
You and Maximum Games agree to submit all Disputes between You and Maximum Games to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between You and Maximum Games that relates to your use or attempted use of Maximum Games’ products or services and Maximum Games’ products and services generally, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section.
You and Maximum Games agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Maximum Games’ right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of Cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.
You and Maximum Games agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court.
(b) Arbitration Procedure
To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to Maximum Games, Inc., Legal Department, 590 Ygnacio Valley Road Suite 220, Walnut Creek CA 94596, U.S.A. Maximum Games will send our copy to your registered email address and any billing address you have provided us.
The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience in resolving intellectual-property and commercial-contract disputes. You and Maximum Games both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.
If an in-person hearing is required, the hearing will take place either in Contra Costa County in California, or where you reside; you choose.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Maximum Games agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
The arbitrator may only award legal or equitable remedies that are requested by you or Maximum Games to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator may not award relief against Maximum Games respecting any person other than you.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
(c) Arbitration Fees and Location
If you start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations.
In some situations, Maximum Games will help with your fees to (hopefully) get us to a resolution quickly and fairly:
If the Dispute involves $10,000 or less, Maximum Games will pay all of the JAMS costs, including the fees you otherwise would have been required to pay.
If the above doesn’t apply to You, but You demonstrate that arbitration costs will be prohibitive compared to litigation costs, Maximum Games will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
Even if Maximum Games wins the arbitration and the applicable law or the JAMS Rules allow Maximum Games to seek our portion of the JAMS fees from you, we won’t.
The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith.” If the arbitrator finds You brought an arbitration claim against Maximum Games for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS rules.
JAMS costs do not include your Attorneys’ fees and costs and Attorneys’ fees and JAMS costs are not counted when determining how much a dispute involves.
Maximum Games won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the JAMS rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
(d) Notice and Filing. If a Dispute must be arbitrated, you or Maximum Games must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. Maximum Games encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.
(e) Continuation in Effect. This Binding Individual Arbitration section survives any termination of this Agreement or Maximum Games’ provision of services to you.
(f) Future Arbitration Changes. Although Maximum Games may revise this Agreement in its discretion, Maximum Games does not have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises.
20.4 Class Action Waiver.
Unless you live in the European Union or expect where otherwise prohibited by your local law, You and Maximum Games agree to only bring Disputes in an individual capacity and shall not:
- seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
- consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to this Agreement and all other actions or arbitrations.
If all or any provision of this Binding Individual Arbitration agreement is found invalid, unenforceable, or illegal, then You and Maximum Games agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and Maximum Games agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Agreement. Under no circumstances shall arbitration be conducted on a class basis without Maximum Games’ express consent.
20.6 Your 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the arbitration and class action waiver provisions set forth in this Agreement. To exercise this right, you must send written notice of your decision to the following address: Maximum Games, Inc., Attn Legal Department, 590 Ygnacio Valley Road Suite 220, Walnut Creek CA 94596 U.S.A. Your notice must include your name, mailing address, and account name you use while playing the game, and state that you do not wish to resolve disputes with Maximum Games through arbitration. To be effective, this notice must be postmarked or deposited within 30 days of the date on which you first accepted this Agreement unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this section. You are responsible for ensuring that Maximum Games receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, Maximum Games will not be bound by them with respect to Disputes with you.
- Copyright and Trademark Notices.
All contents of the Store and products are Copyright ©2021 Maximum Games, Inc. and/or its suppliers and third party providers, 590 Ygnacio Valley Road Suite 220, Walnut Creek CA 94596 U.S... All rights reserved. We or our suppliers and other third party providers own the title, copyright, and other intellectual property rights in the Store, Services and content. Maximum Games and the names, logos, and icons of all Maximum Games products and services may be either trademarks or registered trademarks of Maximum Games in the United States, Canada and/or other countries.
Any rights not expressly granted in these Terms of Sale are reserved.
Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.