Last Updated: 23/05/2020
Xoomibox – Terms and Conditions
- Xoomibox – Terms and Conditions
- 1. Privacy
- 2. Communication
- 3. Company
- 4. Copyright
- 5. Trademarks
- 6. License and Access
- 7. Purchasing Xoomibox Game Bookings
- 8. DELIVERY AND COLLECTION
- 9. Xoomibox Games Cancellation, Rights and Refunds
- 10. Cancellation, Change or Postponement
- 11. Playing a Xoomibox Game
- 11. Pregnancy
- 12. Age
- 13. Health and Safety
- 14. Delay
- 15. Pricing
- 16. Gift Cards/ Vouchers
- 17. Account and Registration
- 18. Making a Purchase
- 19. Prices, Payments, Refund and Cancellation
- 20. The Xoomibox Shop Refund Policy
- 21. Product Descriptions
- 22. Shipping Policy
- 23. Discount Codes
- 24. Creative Ideas
- 25. Reviews
- 26. DMCA
- 27. Other Sites
- 28. Use of Site
- 29. Disclaimer
- 30. Limited Liability
- 31. Conflict Resolution
- 32. Termination
- 33. Updating Terms
- 34. Waiver
- 35. Severability
- 36 Entire Agreement
When you visit the Site or communicate with Xoomibox and the Xoomibox Shop, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication must be in writing.
If you are using the Site on behalf of a company, entity, or organization, then you represent and warrant that you (a) are an authorized representative of such company, entity, or organization; (b) have the authority to bind such company, entity, or organization to these Terms; and (c) agree to be bound by these Terms on behalf of such company, entity, or organization.
All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) is the property of Xoomibox and the Xoomibox Shop or its licensors, partners or affiliates and is protected by international copyright laws. Unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission of Xoomibox and the Xoomibox Shop. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at email@example.com.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Xoomibox and the Xoomibox Shop, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Xoomibox and the Xoomibox Shop, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
6. License and Access
You have a limited license to use the Site for personal use only. This license does not permit you to (a) resell or make any commercial use of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human
7. Purchasing Xoomibox Game Bookings
Xoomibox Game Bookings you purchase are for personal use and cannot be exchanged, transferred, or sold on for profit. Breach of this condition will entitle Xoomibox to cancel the Xoomibox Game Bookings without prior notification, refund, compensation, or liability.
To prevent fraud and protect Xoomibox and you, we may carry out checks, and you may be asked to provide additional information (such as a copy of a credit or debit card statement) after your booking so we can verify your purchase. If we suspect fraud, we may cancel any order or Xoomibox Game Bookings. Failure to supply these may result in the cancellation of your Xoomibox Game Bookings.
You must inform Xoomibox of any change of address, contact phone number or email address, both before and after receipt of the Xoomibox Game Bookings. Our contact details are included in these Terms and Conditions. Our preferred method to contact you is email. You must provide a current, valid email address and be aware that your email filter settings may treat our emails as spam or direct them to your junk folder.
An order for Xoomibox Game Bookings is not complete until accepted by us.
We try to ensure all prices are accurate, but errors may occur. If we discover an error in the price of the Xoomibox Game Bookings you have ordered, we will inform you as soon as possible and we may either cancel the order (in which case you will be refunded the game booking price and any booking, transaction or supplementary fees you have paid) or give you the option of confirming your order at the correct price.
All the Xoomibox Games are recorded using CCTV for the health and safety of you and our staff, and to provide you with an HD quality video of your game to buy if you want.
8. DELIVERY AND COLLECTION
Xoomibox Game Bookings will be dispatched to you electronically or are available for collection at the admissions area.
Xoomibox Game Bookings must be shown on either a digital device or printed when arriving at the attraction.
Always check your Xoomibox Game Bookings upon receipt and advise us promptly of any errors. Mistakes when ordering cannot always be corrected and any corrections are discretionary. Refunds are not available.
9. Xoomibox Games Cancellation, Rights and Refunds
Xoomibox Game Bookings cannot be transferred, exchanged, or refunded once purchased. Other than for the reasons set out in these Terms and Conditions.
10. Cancellation, Change or Postponement
Decisions to change or cancel a Xoomibox Game Bookings are the responsibility of Xoomibox.
Xoomibox cannot guarantee to inform you of any change or cancellation, or be held responsible for refunds or for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation.
You should always check that the Xoomibox Games are on at the scheduled date and time.
If Xoomibox is forced to cancel a game booking, Xoomibox will try to inform you. This will usually be by email, SMS or phone. In urgent cases, it may be by phone.
If you rescheduled, changed or moved a Xoomibox Game Booking, Xoomibox will usually give you the option of either retaining or exchanging your Xoomibox Game Booking for a new date or alternatively make you a refund. If an event is canceled by the Xoomibox, you will usually be offered a refund.
11. Playing a Xoomibox Game
The Xoomibox Maze can be played in groups with a maximum of 12 people. If you purchase a Xoomibox Game Booking with less than 12 persons for your selected group/timeslot, you may have additional players added to your group, or you and your smaller group will be able to play more rounds because there is more time available.
Xoomibox has no responsibility whatsoever for any loss or damage of any kind suffered at or in connection with a Xoomibox Game (including loss, damage, or theft any personal property at our locations).
Xoomibox Games is always subject to any terms, conditions, or rules of Xoomibox. If you breach those terms, conditions, or rules, then Xoomibox may refuse admission or require you or other ticket holders to leave the venue.
Amongst other things, you will need to comply with health and safety rules and any security requirements (including security searches for the safety of those attending the Xoomibox Games). Xoomibox will have the right to refuse admission or eject you in certain circumstances, and these are likely to include if you are involved with abusive, threatening, drunken, or other anti-social behavior or carry offensive weapons or illegal or prohibited substances or make unauthorized audio, video or photographic recordings.
Pregnancy strictly prohibits participation. It includes those who become pregnant between booking their ticket and playing the Xoomibox Laser Maze.
The Xoomibox Laser Maze only open to customers aged ?+. A playing adult must accompany customers aged under 18 with a valid ticket. ? – ? year olds attending without an accompanying adult will not be able to play, and no refund will be offered/ given.
When attending the event, carry proof of age if appropriate.
13. Health and Safety
Upon arrival at Xoomibox you will be required to sign a health and safety waiver. Failure to sign this will result in you being unable to play the attraction, and no refund will be offered. It is in line with our health and safety policy.
Latecomers for their Xoomibox Game may not be admitted. Please arrive fifteen minutes before the time stated on your game booking.
When you receive your Xoomibox Game Booking check the details carefully.
Pricing is subject to change at any time and without notice.
16. Gift Cards/ Vouchers
Your gift cards/ voucher is valid for 12 months from the date of purchase. Xoomibox Game Bookings must be booked and redeemed within this period.
Gift cards/ vouchers are non-refundable under any circumstances.
Gift cards are redeemable for one ticket unless otherwise stated. No cash value or change will be given.
17. Account and Registration
You represent and warrant that the information you provide to us upon creating an account on the Site and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your email address, username and password on any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail at firstname.lastname@example.org. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.
In order to establish an account, you must:
- Provide us with your name, a valid e-mail address, and such other information as we may require from time to time;
- Create a password; and
- In accordance with our Xoomibox and the Xoomibox Shop Policies, to make a purchase online, you must be at least 18 years of age, to make a purchase online, you must be at least 18 years of age, or if not, that you’ve received your parent’s or guardian’s permission to use the services of Xoomibox.
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
18. Making a Purchase
If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to a
We only sell products to individuals who can purchase with a permitted payment method.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us.
Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
19. Prices, Payments, Refund and Cancellation
The price for all items available for purchase through the Site will be displayed to you on the Site. There is no charge for standard shipping, but expedited shipping may be purchased at additional cost. Please see “Shipping” below for more information.
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen.
We currently accept the following payment methods:
- Discover Card
- American Express
Philippines PHP. All monetary transactions on the Site take place in Philippines Peso.
20. The Xoomibox Shop Refund Policy
Xoomibox and the sell. However, if you are not satisfied with our product, you can receive a refund of your full purchase price as noted:
We offer a 30 days return/exchange policy for most of our products. Please note that we cannot give refunds or replacements after the 30 days limit has expired.
Your item must be unused and in the same condition as you received it and original packaging. If the item is grossly misrepresented, damaged, or the product description at Xoomibox Shop was wrong we will pay for the return shipping, otherwise, the buyer usually pays.
- Provide your full name, order number, and the last four digits of the credit or debit card used for the purchase.
- Hereafter we will process the refund and inform you all the details need.
- Your refund will be applied to the credit or debit card used for purchase.
We do not honor product exchange requests. If you need to exchange an item received, you will need to go through the normal returns process identified in our returns section and then order the correct item, if it is still available. Orders are processed immediately and dispatched to fulfillment as soon as they are received. For this reason, we are typically unable to honor cancellation requests. If you need to cancel the transaction, please contact us as soon as possible and we will attempt to cancel the order. If the order has gone too far through the fulfillment process, we will be unable to cancel. In that event, you would need to wait until you receive the item and go through the normal returns process as mentioned in the returns section of our policies.
21. Product Descriptions
We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.
22. Shipping Policy
When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process.
We don’t ship to the following countries; Afghanistan, American Samoa, Angola, Anguilla, Antarctica, Antigua and Barbuda, Aruba, Belarus, Belau, Bonaire, Saint Eustius, Saba, Bouvet Island, British Indian Ocean Territory, Burkina Faso, Burundi, Christmas Island, Congo (Brazzaville, Congo (Kinshasa), Cook Island, Djibouti, Heard Island, McDonald Island, Ivory Coast, Marshall Islands, Mexico, North Korea, Sierra Leone, Yemen and Zimbabwe
A large part of our products has a free shipping option. The shipping time for free shipping can for some shipments increase the time it takes for you to receive the product. By selecting one of the payable shipping options you will be able to receive your order faster.
We strive to ship your order as quickly as possible. However, our shipping estimates are not guaranteed or
All items must be shipped to a valid street address, we don’t ship to a PO box or APO box.
Shipping charges are based upon the shipment option you select at Checkout.
At each product in our online department stores you will find the shipping information for that product (Look for the Shipping Tab and the shipping details at checkout).
Import duties, taxes, and charges are not incl. in the item price or shipping cost. If any; these charges are the buyer’s responsibility.
23. Discount Codes
From time to time, we may offer qualified consumers “discount codes”, “promotional codes”, “promo codes”, or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the Site, subject to certain exclusions or any other restrictions as may be determined and communicated by us. Only valid offer codes provided or promoted by Xoomibox and the Xoomibox Shop will be honored at checkout. Codes supplied or promoted by third-parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Each offer code provided by us is non-transferable and valid for single use on an item (or items) of merchandise as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘offer code’ field prior to checkout. We are not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is Refunded. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
24. Creative Ideas
We appreciate hearing from the public and welcome your comments regarding the Site. If you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
We allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). You agree that any Reviews you submit must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site or submitting one to us in any way, you hereby grant us an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) your Review, for any purpose whatsoever, including promotion of the Site. You further grant us a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you provide. By posting or submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature. You represent, warrant, and covenant that (i) you either are the sole and exclusive owner of the Review that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your Review as contemplated under these Terms, and (ii) the Review you submit does not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on a nonconsensual recording, or otherwise), or (C) require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred; or (ii) introduce viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under international copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to Xoomibox and the Xoomibox Shop by email to email@example.com.
27. Other Sites
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them
28. Use of Site
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
Frame or link to the Site without permission;
Use data mining, robots, or other data gathering devices on or through the Site;
Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
Disclose personal information about another person or harass, abuse, or post objectionable material;
Sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
Post advertising or marketing links or content, except as specifically allowed by these Terms;
Use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or
Access the Site from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include Xoomibox and the Xoomibox Shop, and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
30. Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XOOMIBOX AND THE XOOMIBOX SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
31. Conflict Resolution
These Terms and the relationship between you and us will be governed by the laws of the Philippines without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the Philippine Dispute Resolution Center. Any such arbitration, to the extent necessary, will be conducted in the city of Manila. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site:
YOU AGREE TO ARBITRATION;
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
33. Updating Terms
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforce ability of any remaining term or condition.
36 Entire Agreement
These Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.