Terms and Conditions
THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE PROVIDED BY AREA 15 LAS VEGAS, LLC, AREA 15 GLOBAL LLC AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES AND PROPERTIES (COLLECTIVELY, “COMPANY”, “AREA15,” “WE,” OR “US,” OR “OUR” OR SUCH TERMS OF SIMILAR CORRELATIVE MEANING).
These Terms of Service (“Terms”) govern your access to and use of the desktop website, mobile-optimized website, mobile application or other online service where these Terms are posted or linked (collectively, the “Site”).
Assent.
Site Services.
Eligibility.
Content.
The Content (as defined below) of the Site is for informational purposes only. The Content is not intended to be a substitute for, or replace, any professional advice or relationship.
The Company does not recommend, guarantee or endorse any specific products, services, companies, processes, goods, opinions, or other information that may be mentioned on the Site. The Company expressly does not recommend, guarantee or endorse any specific products, services, companies, processes, and goods referenced in any advertising provided through or on the Site. You should make your own determination and seek the advice of your own professionals with any questions you may have about any matter mentioned on the Site. Reliance on any information provided by the Company, its personnel, others appearing on the Site at the invitation of the Company, or other visitors to the Site is solely at your own risk.
Our mission and goal of the Site is to provide you helpful and useful information about our Company, and our offerings, products, services and collaborative partners.
Copyright.
All past, present and future information, content, services and software displayed on, transmitted through, or used in connection with the Site (with the exception of User Content as defined below), including, for example, news articles, stories, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, graphics, images, buttons, audio, pictures, display, processes, trade secrets, videos, designs, programming (including both client-side code (JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site, compilations, advertising copy, domain names, trade names, service marks and trade identities; any and all copyrightable material, and all other materials related to the Site, the “look and feel” of the Sites, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by AREA15 and/or its licensors and suppliers. The Company reserves all Intellectual Property Rights not otherwise expressly granted to you herein. “Intellectual Property Rights” includes all inventions, patents, copyrights (including the right to use, reproduce, modify, distribute, publicly display, create derivative works from, collective works from, compilations from, and publicly perform the copyrighted work), trade secrets, trade dress, trademarks (including service mark, trade dress, trade names), rights or publicity, authorship rights, rights of privacy, goodwill, mask-work rights, trade identities, domain names, creations, rights of packaging, know-how, intellectual property, software, shop rights, moral rights, licenses, developments, goodwill, research data, designs, processes, formulas, and other intangible proprietary or property rights, logos, including rights of privacy and publicity, whether or not patentable, and any and all applications for, and extensions, divisions, and reissuances of, any of the foregoing, and rights therein, and whether arising by statute or common law, existing now or hereafter come, in any state, country or other jurisdiction.
The use, reuse, access, storing, copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, alteration, display, archiving, sub-licensing, transferring, posting, translating, creating derivative works, assigning, loaning, pledging, granting of a security interest, granting of a lien, encumbering, conveying, transferring, downloading, exchanging, exhibiting, performing, exploiting, uploading, transmitting, broadcasting, hosting, indexing, caching, tagging, encoding, compiling, adaptation, creation of a collection with, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except expressly permitted under the limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site. Copying, archiving or storing any part of the Site for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Site. Without limiting the generality of the foregoing, except where explicitly provided for herein or on the Site, you may not republish any portion of the Content on any Internet, Intranet, extranet site or any other online or offline publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display, exploit, or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way or for any purpose, and not to use any data mining, data gathering or extraction method.
Subject to your strict compliance with these Terms and during the term of this Agreement, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, nonperpetual, non-sublicensable, non-replicable, non-assignable and non-transferable license to access and execute the Content, and view and display a single copy of the Content (excluding programming source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Sites' software, HTML, JavaScript, or other code, on the Content; reverse engineer, disassemble, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate its web pages; or any software or other products or processes accessible through the Site; (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience; or (iv) take any action to test the security of the Site or otherwise violate the security of the Site. In no event shall you use the Site or Content for commercial, promotional or non-personal use.
Requests to use Content for any purpose other than as permitted in these Terms should be directed to [email protected]. In certain cases, you may be able to use individual stories, articles, images, or video that appear on the Site through online functionality we have specifically designated (e.g., to email a story to a friend or to purchase the rights to reproduce a story for other use).
User Registration.
Promotions.
Transactions and E-Commerce.
During your visit to the Site, you may elect to engage in a transaction involving the purchase of a product or a service, such as a ticket to an event. Credit card transactions and order fulfillment are handled by a third-party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. Transactions may be subject to the terms and conditions of the third-party ecommerce provider and third-party event promoter. You hereby agree that all returns, cancellations, or other issues with any purchase made on or through the Site with such third party ecommerce provider and/or third party event promoter (i) will be solely dealt with between you and the ecommerce provider or third-party event promoter, and (ii) you will not assert any claims against Area 15 or the site regarding such purchases.
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
You may have the right to cancel an order placed for a product – depending on the nature of the product. Please read the following information carefully so you understand your right of cancellation. If you wish to cancel, you must do so by following the cancellation instructions for the particular product.
Cancelling Subscriptions: Please see the information described in the terms of purchase for the subscription purchase.
Digital Content: When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel. License purchase fees paid for digital content are non-refundable.
Physical Goods: You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us on the products to be non-returnable, including but not limited to:
- any products with a seal, where the seal is broken, such as audio and video recordings, computer software, and CD's, DVD's or other physical media that have been supplied in sealed packaging; and
- customized or personalized items.
These cancellation rights are separate from and in addition to your rights should any item we supply be defective. If you are returning goods that are not defective, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you used the goods.
Gift cards may be offered for purchase and/or redemption in connection with certain products, subject to additional terms of service. The risk of loss and title for gift cards passes to you at the time of electronic transmission or delivery to the carrier. Gift cards may be redeemed at eligible locations and for eligible products and services. Please review the gift card terms for more information.
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
We may revise the pricing for the products we offer. When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
User Content Representations and Warranties.
User Content License.
For all User Content you transmit, post, upload, e-mail, or otherwise make available (in this section – “Provide”) to the Site, you grant AREA15 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works, and exercise all rights protected under the Copyright Act of 1976 (17 U.S.C §101 et. seq.) from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed for any purpose. Without limiting the generality of the previous sentence, you authorize AREA15 to: (i) share the User Content across all websites, mobile applications, publications and other online and offline services affiliated with AREA15; (ii) repost, transmit, and upload such User Content to other services; (iii) include the User Content in a searchable format accessible by users of the Site and other AREA15 websites, mobile applications, publications and other online services; (iv) place advertisements in close proximity to such User Content; and (v) use your name, likeness and any other information you Provide in connection with our use of the material you Provide. You further agree that Company, its affiliates and its representatives will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, access, store, copy, reproduce, rearrange, sell, lease, rent, distribute, redistribute, modify, alter, display, archive, sub-license, transfer, post, translate, create derivative works, assign, loan, pledge, grant a security interest, grant a lien, encumber, convey, download, exchange, exhibit, perform, exploit, upload, transmit, broadcast, host, index, cache, tag, encode, compile, form a collection with, or publicize or adapt, reverse engineer, disassemble, decompile, reverse assemble, modify or attempt to discover any source or object code any of the User Content or portions thereof, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever (including for advertising, marketing, publicity, commercial purposes, promotional purposes), in any jurisdiction throughout the world, including, without limitation, developing, manufacturing and marketing products using such User Content.
You waive all moral rights with respect to any User Content you Provide to the Site. You also grant AREA15 the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you Provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by AREA15 to you or to any other person or entity. You agree that you will indemnify, defend, and hold harmless AREA15 and its officers, directors and employees for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms.
Unsolicited Material and Ideas.
User Content Screening and Removal.
User Content Assumption of Risk.
User Content Posting Rules.
Any decisions as to whether User Content violates any posting rule set forth in these Terms will be made by us in our sole discretion and after we have actual notice of such posting. When you provide User Content, you represent, warrant and agree that you will not directly or indirectly provide User Content that is or may contain or may be in whole or in part any of the following:
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material; contains vulgar, profane, abusive, racist or hateful language, expressions, epithets, slurs, text, photographs or illustrations, or is in poor taste, or is an inflammatory attack of a personal, racial or religious nature;
- may cause any harm or damage to the Site, you, us, or anyone else;
- violates any right of the Site, AREA15 or any third party;
- infringes other individuals privacy rights or rights of publicity;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation, ordinance, or similar requirement;
- interferes with any third party's use or enjoyment of the Site;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- collects any user content or information, or otherwise accesses the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- violates any robot exclusion headers of the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Site;
- shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Site;
- attempts to scrape or collect any personal or private information from other users or from the Site;
- pretends to come from someone other than you, or where you are impersonating someone else;
- intercepts or monitors, damages, or modifies any communication not intended for you;
- uses or attempt to use another's registration account, password, service or system except as expressly permitted by the Terms;
- uploads or transmits viruses or any other harmful, disruptive or destructive files, materials or code;
- disrupts, interferes with, or otherwise harms or violates the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites;
- “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
- otherwise breaches these Terms.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Site by sending an email to [email protected], and you shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.
You acknowledge that we have no obligation to monitor any users' access to or use of the Site, or to review or edit any Content or User Content, but we have the right to do so in our sole discretion: (i) for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) to ensure your or another user's compliance with these Terms; (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; or (iv) to address content that we determine is otherwise objectionable or violates these Terms. We reserve the right, at any time and without prior notice, to delete, remove, block, or disable access to any Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms, otherwise harmful to the Site, or for any other reason that we deem appropriate. In order to protect the integrity of the Site, we also reserve the right at any time in our sole discretion to block users from certain IP addresses or geographic locations from accessing and using the Site.
You acknowledge, consent, and agree that we may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (i) to respond to claims asserted against us or to comply with legal process (for example, subpoenas, warrants, or other process); (ii) to enforce or administer our agreements with users, including without limitation these Terms; (iii) to render services you request; (iv) to protect the rights or property of the Site, AREA15, and their respective third-party suppliers, service providers, and licensors; (v) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; (vi) to protect the rights, property or safety of AREA15, the Site, its users, or members of the public; or (vii) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of us, you or others.
Advertisements & Linked Sites.
We may participate in various affiliate marketing programs and other arrangements with third parties, which means we may receive a commission or other form of compensation if you (a) click on certain ads or links that appear on our Site, or (b) purchase a product or service using links from our Site to retailer websites.
If we provide links to other websites (“Other Site”), you should not infer or assume that we operate, control, or are otherwise connected with these other websites. Please be careful to read the applicable terms and conditions and privacy policy of any other website before you provide any personal information or engage in any transactions. We are not responsible for the content or practices of any website that is not part of the Site, even if the website is operated by a company affiliated or otherwise connected with us. By using the Site, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted, served, or residing on the domain from any websites other than the Site and then only to the extent provided for herein. If you use the hyperlinks to access these Other Sites, you will leave the Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Site. Company may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation or warranty regarding the legality, accuracy, authenticity, reliability, sufficiency, truth, suitability, quality, validity, timeliness, completeness, adequacy, currency of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement, warranty or guarantee by Company of any Other Site(s) or resources, or their content. The Site is only providing these links to you as a convenience. You use such Other Sites at your own risk and assume all liability arising therefrom.
During your visit to the Site, you may link to, or view as part of a frame, certain content that is actually created, hosted and/or licensed by a third party. Because neither we or the Site has no control over third-party sites and resources, you acknowledge and agree that the Site is not responsible for the availability of external websites or resources, nor for the content, actions, or policies of those sites. Information you provide on such websites, including personal information and transactional information, is subject to the applicable terms and conditions and privacy policy of those websites.
Linking Policy.
Errors in Advertisements.
Communications with Third Parties Through the Site.
Copyright Infringement.
In accordance with applicable law, it is the policy of the Site, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third-party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to our copyright claims agent (please consult your legal counsel or see 17 U.S.C. §512(c)(3) to confirm these requirements):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of your copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site (providing us with website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Site's copyright claims agent can be reached as follows:
AREA15 Copyright ClaimsAttn: Legal Department
3215 South Rancho Drive
Las Vegas, NV 89102
Email: [email protected]
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT CLAIMS AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please email us at [email protected]. Please also note that, pursuant to 17 U.S.C. §512 of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
General Disclaimer and Limitation of Liability.
While the Site and AREA15 use reasonable efforts to include accurate and up-to-date information, neither the Site nor AREA15 make any warranties or representations as to the accuracy of the Content appearing on the Site, including the User Content, and assume no liability or responsibility for any error or omission in the Content. The Site and AREA15 do not represent or warrant that use of any Content will not infringe rights of third parties. The Site and AREA15 have no responsibility for actions of third parties or for content provided by others, including without limitation User Content.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER AREA15, THE SITE, NOR ANY OF THE AREA15 AND/OR SITE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, OR LICENSORS, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, THE AVAILABILITY OF THE SITE OR THE CONTENT THEREON, AND/OR THE RESULTS THAT MAY (OR MAY NOT) BE OBTAINED FROM ACCESS OR USE OF THE SITE OR THE CONTENT. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE SITE, AREA15 AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NEITHER THE SITE NOR AREA15 REPRESENT OR ENDORSE THE ACCURACY, UP-TO-DATE NATURE, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, AREA15 AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OPERATORS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, AREA15 AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS, CONTENT PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE LESSER OF $100 OR THE AMOUNT YOU PAID TO USE THE SITE.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S, ITS AFFILIATES' OR COMPANY REPRESENTATIVES' ACTS OR OMISSIONS, THE LOSSES OR LIABILITY, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY, ITS AFFILIATES AND/OR ITS COMPANY REPRESENTATIVES OR USER UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE USE, DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR USER UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING ANY OF THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TO THE EXTENT CERTAIN JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY HEREUNDER OR OTHERWISE RENDER ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY UNENFORCABLE, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL BE MODIFIED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Indemnity.
International Users.
Modifying These Terms.
Discontinuation of Service.
Term of Limitations.
Disputes.
You may contact [email protected] to address any concerns you may have regarding the Site. We will attempt to resolve concerns quickly to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with AREA15 and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
For any dispute that is not subject to binding arbitration or otherwise as set forth in these Terms, you and AREA15 agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Clark County, Nevada. You further agree to accept service of process by mail or e-mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These Terms and the relationship between you and the Site shall be governed by the laws of the State of Nevada without regard to conflicts of law provisions.
MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and AREA15 agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Initial Dispute Resolution.
Binding Arbitration.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, AREA15 will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, AREA15 will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Clark County in the State of Nevada, United States of America, and you and AREA15 agree to submit to the personal jurisdiction of any federal or state court in Clark County, Nevada in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER.
Exception — Litigation of Intellectual Property and Small Claims Court Claims.
30-Day Right to Opt Out.
Changes to Dispute Resolution and Choice of Law.
Survival.
Force Majeure.
Severability.
No Waiver.
No Third-Party Beneficiaries.
Section Titles.
Termination.
Conflicts.
No Joint Venture, Partnership, or Agency Relationship.
Material Terms.
Fees.
Entire Agreement.
Mobile Messaging.
The following paragraphs apply to mobile messaging services and actions undertaken by us:
The AREA15 mobile message service (the “MMService”) is operated by AREA15. Your use of the MMService constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the MMService 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 MMService following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to AREA15's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of AREA15 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).
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 AREA15. Your participation in this program is completely voluntary.
We do not charge for the MMService, 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.
You may opt-out of the MMService at any time. Text the single keyword command STOP to +1.877.908.9287 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 AREA15 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.
For MMService support or assistance, text HELP to +1.877.908.9287 or email [email protected].
We may change any short code or telephone number we use to operate the MMService 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.
The wireless carriers supported by the MMService 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.
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 MMService, any errors in such information, and/or any action you may or may not take in reliance on the information or MMService.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
Updated effective: October 29, 2024