Terms of service
TERMS AND CONDITIONS
Table of Contents
1. Eligibility to Use Game 7’s Services
2. Ages 18 and Over Only
3. Order Acceptance and Cancellation
4. Prices and Payment Terms
5. 5. Data Privacy
6. Representations and Certifications
7. Your Responsibilities
8. Restrictions and Requirements for our Services
9. Assumption of Risk
10. Intellectual Property
11. Game 7 Has and Retains All Rights in Our Services
12. Third Party Services and Websites
13. Suspension or Termination of Use
14. Shipments; Delivery
15. Returns and Refunds
16. Disclaimer of Warranty
17. Limitation of Liability
18. Indemnification
19. Goods Not for Resale or Export
20. California Consumer Rights Notice
21. Changes to These Terms of Service
22. Dispute Resolution, Class Action Waiver
23. Governing Law; Class Action Waiver
24. Jury Trial Waiver
25. Miscellaneous Terms
26. Mobile Terms of Service
The following Terms and Conditions (“Terms”) are a binding contract between our website visitors, customers, or prospective customers (collectively, “you,” “your”) and CJP Brands, LLC d/b/a Game 7 (“CJP,” “Game 7,” “we,” “us,” or “our”) and govern your use of our website https://game7men.com/ (“Site”) and your interactions with us concerning products or offerings available on the Site (collectively, the “Services”). Additional, product- or offering-specific terms may also apply and are hereby incorporated by reference into these Terms. If there is any conflict between product- or offering-specific terms, then these Terms shall prevail.
THE FOLLOWING TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION REGARDING ARBITRATION, SEE SECTION 22 (“DISPUTE RESOLUTION; CLASS ACTION WAIVER”) BELOW.
You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy, and any other terms and conditions that Game 7 may reference or incorporate into these Terms from time to time, or that you may accept while using the Services.
You acknowledge and agree that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Game 7, and you do not have any authority of any kind to bind Game 7 in any respect whatsoever.
1. Eligibility to Use Game 7’s Services
To access or use Game 7’s Services, you must be able to form a legally binding contract with Game 7. You therefore represent and warrant that you are of legal age to form a binding contract and have the capacity and authority to bind yourself and the company or entity on whose behalf you are acting. If you do not agree to these Terms, please do not use the Services.
2. Ages 18 and Over Only
The Site is intended for those ages 18 and over. If you are under 18 years of age, please do not use Game 7’s Services.
In accordance with the federal Children's Online Privacy Protection Act of 1998 (COPPA), Game 7 will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify Game 7 of any concerns in this regard.
You will only use the Services in a manner that complies with all applicable laws.
If your use of the Services is prohibited by applicable laws or regulations, or if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries, then you are not authorized to use the Services. If permits and licenses are required for you to use the Services, it is your responsibility to first obtain those prior to such use. Game 7 is not responsible for your using the Services in a way that breaks any law or regulation.
3. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
4. Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept most major credit cards, please review our accepted payment methods on the checkout page prior to entering your payment information. If you use a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
5. Data Privacy
Game 7 takes privacy seriously. To view our current Privacy Policy, please click here.
6. Representations and Certifications
Your access and use of the Site may be interrupted from time to time due to third party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the website. While we will make reasonable efforts to make the website available to you, we do not promise that it will be available at all times.
You agree that we may use your feedback, comments, suggestions, reviews, or ideas in any way, including in future modifications of the Site, other products or services, advertising or marketing materials (any use of your personal information will be subject to our Privacy Policy).
7. Your Responsibilities
It is your sole responsibility to obtain and pay for any software, hardware and services (including internet connectivity) needed to access and use the Services and ensure that any software, hardware, and services that you use will function correctly with the Services.
8. Restrictions and Requirements for our Services
You represent, warrant, and agree that you will not contribute any content or otherwise use the Site or interact with the Site in a manner that:
• Infringes or violates the intellectual property rights or any other rights of anyone else (including Game 7);
• Violates any law or regulation or these Terms;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of Game 7;
• Attempts, in any manner, to obtain the account or other security information from any other individual;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are using the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Services;
• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means) (see Section 10 for the definition of “Content”);
• Copies or stores any significant portion of the Content;
• Copies, captures, or stores any images, screen shots, or recordings of the Content;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code, design elements or underlying ideas or information of or relating to the Services; or
• Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services to the fullest extent possible.
9. Assumption of Risk
By using our Services, you acknowledge and accept that Internet transmissions are never completely private or secure. You agree and understand that:
• Transmissions to or through the Service may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Accept networking technology generally. You further assume and agree that we will have no responsibility or liability for, such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth in these Terms.
You take responsibility for all activities and transactions that occur in connection with your use of our Services and accept all risks and consequences of your use of our Services to the maximum extent permitted by law.
10. Intellectual Property
Your right to access and use of the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Site for lawful purposes. Subject to your compliance with these Terms, Game 7 hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the content provided to you as part of the Site (for personal, non-commercial purposes).
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Game 7) rights.
You understand that, except with respect to any open source software or third-party software that the Services incorporate, Game 7 owns the Services, including all technology or Content (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable license to access and use those portions of the Services that are proprietary to Game 7.
11. Game 7 Has and Retains All Rights in Our Services
Except for integrations with or links to third-party applications or websites, the Service itself, all content, and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Game 7 Content”) are the property of Game 7 and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Game 7 Content without our permission.
Subject to the terms and conditions of these Terms, we grant you a license to use the Service, including accessing and viewing Game 7 Content, for your use and to engage as expressly permitted by the features of the Service. Game 7 may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Game 7 reserves all other rights, and no other rights are granted by implication or otherwise.
12. Third Party Services and Websites
Any third-party goods, services, or websites (“Third Party Content”), or the information or content publicly posted or privately transmitted or made available through Third Party Content is the sole responsibility of the individual or organization from whom such goods, services, or content originated, and you access information and content from these goods, services, or websites at your own risk.
Game 7 is not liable for any errors or omissions or for any damages or loss you might suffer in connection with these goods, services, or websites.
The Services may contain links or connections to third party websites or services that are not owned or controlled by us. In other cases, third party websites or services may integrate with our Services, or we may integrate with third party websites or other services. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. The fact that our Services may be used with other third-party services should not be taken as an endorsement of those services. Game 7 encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize, as your use of those services is subject to those terms and policies.
Game 7 has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Game 7 will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold Game 7 harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, financial transactions, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants of the Services, or between users and any third party, you agree that Game 7 is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Game 7, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
13. Suspension or Termination of Use
You may terminate your use of our Services at any time. Game 7 may terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. Game 7 has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us (if applicable) or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You agree that Game 7 shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Services. In addition, we reserve the right to take any action that Game 7, in its sole discretion, believes to be in the interest of Game 7 and of our users as a whole.
14. Shipments; Delivery
We will arrange for shipment of purchased products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
15. Returns and Refunds
Except for any products designated on the Site as non-returnable, Game 7 will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery] and provided such products are returned in their original condition. To start a return, you can an email us at digital@game7men.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged, or if you received the wrong item, so that we can evaluate the issue and make it right.
Certain types of items cannot be returned. We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items or gift cards.
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded to your original payment method, typically within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund.
If more than 15 business days have passed since we’ve approved your return, please contact us at digital@game7men.com
16. Disclaimer of Warranty
Your Use of the Services is Subject to Certain Disclaimers. GAME 7 PRODUCTS, SERVICES, INFORMATION, GOODS, AND MATERIALS ARE MADE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. GAME 7 DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH GAME 7 SERVICES OR AVAILABLE THROUGH OUR SITE NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICE. GAME 7 RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SERVICES. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR SERVICES BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, GAME 7 DOES NOT GUARANTEE OR WARRANT THAT OUR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. GAME 7 IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES. IF YOU RELY ON OUR SERVICES AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
17. Limitation of Liability
Game 7, its affiliates, and employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions, or other inaccuracies in our Services (including, without limitation, as a result of breach of any warranty or other term of these Terms of Service).
Despite anything else stated in these Terms, we shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating to the transactions you conduct or attempt to conduct using our Services, or losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances beyond our control. This includes, without limitation: acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; ire; food; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or, communications capabilities; insurrection; elements of nature; or non-performance by a third party.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GAME 7 BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU PURCHASED THROUGH THE SITE, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
18. Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify and hold Game 7, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services, or (b) your violation of these Terms or applicable law. Game 7 reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide Game 7 with such cooperation as is reasonably requested by us.
19. Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
20. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of a website receive the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210 should you have any concerns with the Game 7 Services.
21. Changes to These Terms of Service
Game 7 is constantly working to improve its Services, and these Terms may need to be updated. Game 7 reserves the right to change these Terms at any time. Updates to these Terms will be made available on the Site. We may suspend or discontinue any part of the Services, introduce new features, impose limits on certain features, or restrict access to part or all of the Services. Game 7 reserves the right to remove any content from the Site or Services at any time, for any reason in our sole discretion, and without notice.
If you do not agree with the new Terms after any changes, please immediately discontinue your use of the Site and Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
22. Dispute Resolution, Class Action Waiver
You should read this section carefully because it requires you to arbitrate certain disputes and claims with Game 7 and limits the manner in which you can seek relief from Game 7, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
You and Game 7 agree that any dispute, including, but not limited to, disputes arising out of or related to these Terms or the Services is personal to you and Game 7. You and Game 7 agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis. Further, you and Game 7 agree that the arbitrator may not consolidate proceedings or consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Except for small claims disputes in which you or Game 7 seek to bring an individual action in small claims court located in the county of your principal place of business if in the United States (or Hillsborough County if you do not have a principal place of business in the United States), or disputes in which you or Game 7 seeks injunctive or other equitable relief, you and Game 7 waive your/its rights to a jury trial and to have any dispute resolved in court. This agreement to arbitrate disputes includes, but is not limited to, any and all claims for relief and theories of liability, between you and Game 7, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Telephone Consumer Protection Act and other statutes, including state and federal statutes relating to the collection of personal or biometric data, claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Game 7, or any interactions between you and Game 7. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
For any dispute or claim that you may have against Game 7 or relating in any way to the Services, you agree to first contact Game 7 and attempt to resolve the claim informally by sending a written notice of your claim ("Dispute Notice") to Game 7 by email at digital@game7men.com or by certified mail addressed to 2112 W Kennedy Blvd Tampa, FL 33606. The Dispute Notice must (i) include your name, address, email address, and telephone number; (ii) describe the nature and basis of the claim; and (iii) set forth the specific relief sought. If Game 7 has a claim against you, Game 7 is required to provide notice similar in form to that described above and attempt to resolve the claim informally. If you and Game 7 cannot reach an agreement to resolve the claim within thirty (30) days after such Dispute Notice is received, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Subject to determination by the arbitrator, the default location for the arbitration proceedings shall be Hillsborough County, Florida, but the arbitration proceedings may alternatively be conducted telephonically or via video conference at your request. You and Game 7 also agree that any court compelling arbitration under this Agreement may compel arbitration within its own jurisdiction to the extent that controlling law does not otherwise allow the court to compel arbitration in a different forum. For disputes alleging damages less than $30,000, the dispute will presumptively be decided on the basis of the parties’ written submissions and no final hearing or in-person proceedings will be required absent the consent of both parties. With respect to disputes of $30,000 or more, AAA shall designate an arbitrator who maintains his or her primary business office in the state of Florida and who is, or was previously, a member of the Florida Bar. The most recent version of the AAA Rules are available on the AAA website and are hereby incorporated by reference. You either (i) acknowledge and agree that you have read and understand the AAA Rules or (ii) waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
You and Get Refunds agree that the provisions of this Section 22 affect interstate commerce and that the enforceability of this Section 22 will be interpreted and enforced in accordance with the law of the State of Florida, the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), and federal arbitration law, to the maximum extent permitted by applicable law. You and Game 7 clearly and unmistakably agree that the arbitrator shall have the power to rule on his or her own jurisdiction, and the existence, scope, validity, and arbitrability of these Terms. This delegation provision shall be deemed a contract entered into under the law of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act.
The arbitrator shall apply the law of the State of Florida to all substantive issues in the dispute; provided, however, if the law of the State of Florida shall be deemed unenforceable due to the law of the state in which you are a resident, the arbitrator shall apply the law of the state in which you have you are a resident. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Florida and the Federal Arbitration Act to interpret and enforce this agreement to arbitrate disputes and each of its provisions, including with regard to any issues over acceptance of the terms of the agreement to arbitrate disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.
The arbitrator, Game 7, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
For claims that you bring against Game 7: absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), if you initiate an arbitration in which you seek no more than $30,000 in damages, Game 7 will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this agreement to arbitrate disputes, with the exception that you are responsible for a portion of the initial filing fees of an arbitration initiated in accordance with this agreement to arbitrate disputes, based on the total amount of damages you are seeking (the “Arbitration Filing Fee Payment”). If you are seeking no more than $500 in damages, the amount of your required Arbitration Filing Fee Payment will be $55. If you are seeking more than $500 in damages, but less than $30,000.01 in damages, the amount of your required Arbitration Filing Fee Payment will be $175. If you fail to pay the Arbitration Filing Fee Payment at the commencement of the arbitration, Game 7 will make that payment on your behalf upon demand from the arbitrator. The arbitrator will then invoice you for the Arbitration Filing Fee Payment at the next opportunity, which you will be required to promptly pay for the arbitration to continue. Unless the arbitrator makes a determination that you would qualify for indigent party status, under no circumstances will your obligation to pay the Arbitration Filing Fee Payment be held in abeyance until the conclusion of the arbitration. If you prevail at arbitration, you will receive your Arbitration Filing Fee Payment back from Game 7 as part of the award from the arbitrator. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious, payment of all fees will be determined in accordance with AAA Rules. If you initiate an arbitration in which you seek more than $30,000 in damages, the payment of fees will be governed by the AAA Rules. For claims that Game 7 brings against you, the payment of fees will be governed by the AAA Rules. You and Game 7 agree that the state or federal courts of the State of Florida and the United States sitting in Hillsborough County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You have the right to opt out of binding arbitration within fourteen (14) calendar days of the date you first accepted these Terms, including this Section. You may exercise this right to opt out by sending a written opt-out notice via certified mail to [input address]. To be effective, the opt-out notice must include your company’s full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 23 (“Governing Law; Class Action Waiver”). If you do not timely opt out of binding arbitration, you agree to resolve disputes in accordance with this Section.
If any portion of this Section is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed from this Section; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
23. Governing Law; Class Action Waiver
Except for the agreement to arbitrate disputes contained in Section 22 of these Terms, any dispute between Game 7 and you shall be construed and enforced in accordance with the laws of the State of Florida except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If your residence is outside of the United States, then these Terms will be governed by the laws of the State of Florida without regard to its conflict of laws principles. Any dispute between the parties, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal or health data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Game 7, or any interactions between you and Game 7, that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts sitting in Hillsborough County, Florida. Finally, to the extent permitted by law, in the event that your dispute with Game 7 is adjudicated in court instead of arbitration, you agree to proceed only on an individual basis and not on a consolidated, class-wide, or representative basis.
24. Jury Trial Waiver
In the event that any dispute between the parties, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including but not limited to the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Game 7, or any interactions between you and Game 7, is not subject to arbitration or cannot be heard in small claims court, you and Game 7 hereby waive any right to a trial by jury in such action, proceeding, claim, or counterclaim.
25. Miscellaneous Terms
(a) Entire Agreement. The Terms, including Game 7’s Privacy Policy and any product- or offer-specific terms you accept, which are hereby incorporated by reference, constitute the entire agreement between you and Game 7 and governs your use of the Site, superseding any contemporaneous or prior agreements between you and Game 7.
(b) Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. Game 7 may transfer, assign, or delegate these Terms and our rights and obligations without consent.
(c) Waiver and Severability. The failure of Game 7 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
(d) No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(e) Notices. Game 7 may provide you with notices, including, without limitation, those regarding changes to the Terms and other Site-related announcements, by postings on the Site or via email. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(f) Limitation on Claims. Any action concerning the Site must be brought within one (1) year after the reason for the action arises, or the claim is barred.
(g) Game 7 May be Legally Compelled to Disclose Certain Information. You agree that in the event Game 7 receives a subpoena issued by a court or from a law enforcement or government agency, Game 7 may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location, or other information in response thereto.
(h) Contact Information. Please send any questions, comments or report any Terms violations to digital@game7men.com Although Game 7 will in most circumstances be able to receive your communications, Game 7 does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to Game 7 may not be secure and will not be treated as confidential.
26. Mobile Terms of Service
(a) The Game7 Men's Grooming mobile message service (the "Service") is operated by Game7 Men's Grooming (“Game7 Men's Grooming”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
(b) By consenting to Game7 Men's Grooming’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Game7 Men's Grooming through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
(c) You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Game7 Men's Grooming. Your participation in this program is completely voluntary.
(d) We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
(e) You may opt-out of the Service at any time. Text the single keyword command STOP to +18552287007 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Game7 Men's Grooming mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
(f) For Service support or assistance, text HELP to +18552287007 or email Digital@Game7men.com.
(g) We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
(h) The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
(i) To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
(j) We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.