Harris
Qazi
Attn:
Copyright Agent
1810
E. Sahara Avenue
Suite
926
Las
Vegas, NV 89104
United
States
support@1337mushroom.com
20. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.
21. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We
also reserve the right to modify or discontinue all or part of the
Services without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
22. GOVERNING
LAW
These
Legal Terms and your use of the Services are governed by and construed
in accordance with the laws of the
State of Nevada applicable
to agreements made and to be entirely performed within the
State of Nevada, without
regard to its conflict of law principles.
23. DISPUTE
RESOLUTION
Informal
Negotiations
To
expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute"
and collectively, the "Disputes")
brought by either you or us (individually, a "Party"
and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least thirty
(30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to
the other Party.
Binding
Arbitration
If
the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA")
and, where appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA
Consumer Rules"),
both of which are available at the American
Arbitration Association (AAA) website. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. The
arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested
by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules
or applicable law, the arbitration will take place in Clark, Nevada.
Except as otherwise provided herein, the Parties may litigate in court
to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.
If
for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the state
and federal courts located
in Clark, Nevada,
and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to
venue and jurisdiction in such state
and federal courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In
no event shall any Dispute brought by either Party related in any way
to the Services be commenced more than one
(1) years after the cause of action arose. If
this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of
that court.
24. CORRECTIONS
There
may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
25. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
26. LIMITATIONS
OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING
THE TWELVE
(12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING OR $13.37
USD. CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
27. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1)
your Contributions; (2)
use of the Services; (3)
breach of these Legal Terms; (4)
any breach of your representations and warranties set forth in these
Legal Terms; (5)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Services with whom
you connected via the Services. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
28. USER
DATA
We
will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
29. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
30. CALIFORNIA
USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
31. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement
and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to
the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and
all defenses you
may have based on the electronic form of these Legal Terms and the lack
of signing by the parties hereto to execute these Legal Terms.
32. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
1337
Mushroom LLC
1810
E Sahara Ave suite 926, Las Vegas, NV 89104, USA
Las
Vegas, NV 89104
United
States
Phone: (+1)8596847629
support@1337mushroom.com