NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
V. HOW TO ENTER
VI. HOW IT WORKS (CONTEST RULES)
VII. TYPES OF FUNDS
IX. HOW TO VERIFY
XI. COPYRIGHTS AND TRADEMARKS
XII. VIRTUAL GOODS AND CURRENCY
XIII. RULES AND REGULATIONS
XV. PARTICIPATION PROHIBITION, APPLICABLE LAW, JURISDICTIONS
XVI. DISCLAIMER; LIMITATION OF LIABILITY
XIX. PARENTAL CONTROL
XX . CONTACT INFORMATION
XXI . ADDICTION PROBLEMS
Optimal Tech Systems, LLC as well as programmers, shareholders, partners and any other employees will be referred to as 'The company', 'BidLucky.com', 'Optimal Tech Systems, LLC', 'The Services', 'The Website', 'Us', 'Our', or 'We'. You will be referred to as 'the user', 'you', 'user', or 'users'. This agreement will be referred to as 'Terms of service' or 'agreement'. Auction Bucks will be referred to as itself, 'Auction Cash', and 'Cash'. Our virtual gold coin currency will be referred to as 'credits', 'gold', gold coins', and 'coins'.
BidLucky.com is a revolutionary auction-style game for virtual collectibles. All bids are free. You bid with gold coins (or Auction Bucks for our Auction Contests) in an attempt to win virtual goods. These virtual goods can be utilized within the website for fun in crafting ever more rare items that can be displayed to others and are worth score points. Collect over 700 items either by winning them in auction or by crafting them! If you do not win the virtual item with the highest bid, we provide extra gold coins/Auction Bucks to the second highest bid as well as third, fourth, and fifth highest bids.
You are entering into an agreement with BidLucky.com and Optimal Tech Systems, LLC. This agreement is a set of rules set in place to ensure proper use of the website and helps deter any issues that may arise from improper use. By using our services you are agreeing to these terms and abide by the rules set forth by this agreement.
Our prizes and Contests are open only to legal residents of the fifty (50) United States including the District of Columbia and Canada, excluding quebec, whom are at least eighteen (18) years of age at the time of bidding. VOID WHERE PROHIBITED BY LAW. By using our service you agree that you are of legal competence to enter into these terms. Participation also constitutes your full and unconditional agreement to our terms of service and official rules as well as any decision we may have related to our promotion/contests.
Our Contests/promotions are subject to all applicable state and federal, local and provincial laws and regulations. It is your responsibility to determine whether or not a contest is legal and compliant with the laws and regulations in your jurisdiction.
Anyone related directly to BidLucky.com, our company, employed or affiliated, is not eligible to win. This includes family members of anyone related to any of the employees as well as household members (people sharing the same residence). This refers to anyone whom was/is involved with the production, execution or creation of Bidlucky.com.
V. How To Enter
Entering is easy! To enter by any of the means you must first be a part of BidLucky.com by having an account. Entries are unlimited.
Entering is as easy as placing a bid.
1. Purchase Gold Coins
Whenever you purchase gold coins you will also receive free Auction Bucks that will allow you to enter into our cash auctions. There are no refunds on purchased gold coins except at our sole discretion. Purchasing will not improve odds in any way.
2. Mailing List
From time to time we will hold promotions that will reward you with free gold coins or free Auction Bucks that can be used in either gold auctions or cash auctions respectively. These are given out via our facebook page or our electronic mailing list.
Mail in entry. To gain free Auction Bucks you can mail in an entry letter. Rules to enter via mail are as follows:
• Mail letter inside a stamped #10 envelope (no metered mail).
• Envelope must have hand-written return address and full first and last name.
• Letter must have hand-written current month, day, and year.
• Letter must have hand-written Username from your account on BidLucky.com.
• Please add the words "Contests Funds" on letter.
• Each letter you submit will grant you $1.00 (Auction Bucks). You are allowed to submit one letter daily for $1.00 a day free.
• Letters must be mailed to BidLucky.com 1520 W Bryn Mawr Ave #G, Chicago IL 60660
USE OF BOTS OR AUTOMATED SYSTEMS TO PLACE BIDS IS PROHIBITED AND WILL FORCE US TO CLOSE YOUR ACCOUNT AND FORFEIT ALL GOLD COINS AND AUCTION BUCKS.
VI. How It Works (CONTEST RULES)
It's simple, essentially you are bidding on an auction for a collectible virtual good that can be used for crafting and collecting on bidlucky.com but can never be cashed out. Being the highest bidder means you win the virtual item(s). Being the second-highest bidder will reward you with more Auction-Bucks/gold coins (as shown in each auction). Being third, fourth, and fifth will also reward you different amounts of Auction-Bucks/gold coins.
All Bids Are Free!
You cannot use multiple accounts! Using multiple accounts on the same auction will be grounds for banning and having all funds and gold coins forfeitted.
1) You agree that you are bidding in an auction for a virtual good that can be utilized only within bidlucky.com for collectible crafting or transferred to IwantISK.com for free game time. Collect over 700 virtual items! Virtual items can never be withdrawn and can never become gold coins or Auction Bucks.
2) When you win an auction, you simply win the right to collect, display and craft the virtual good within our system. You do not receive a copyright or right to use the virtual item outside of bidlucky.com and IwantISK.com
3) You agree that when you bid on an auction, you genuinely are placing a value that you percieve the virtual item to have and that you wish to pay for the virtual item.
4) Having the highest bid means you win the virtual item. Being second-highest bidder (3rd, 4th, or 5th as well) will cause you to win more gold coins OR Auction Bucks that can then be used on BidLucky.com.
5) Second-highest bidder through fifth-highest bidder wins more gold-coins/Auction-Bucks depending on the amount of the highest bid as follows:
• 2nd Highest Bidder - wins 50% of the value of the highest bid.
• 3rd Highest Bidder - wins 25% of the value of the highest bid.
• 4th Highest Bidder - wins 13% of the value of the highest bid.
• 5th Highest Bidder - wins 6% of the value of the highest bid.
6) The odds of winning, as well as the amount of the prize, are determined by the amount of players, the highest bidder, and the value the item is perceived to have. Information about how much you win can be seen on the auction itself. Items have a NPC value that is displayed as a means of determining a 'score' for those items. Score is just there for bragging rights. Score can never be turned into gold coins or Auction Bucks.
7) Our auction games start with, at most, 120 seconds on the clock. Each auction then ends when the timer ends.
8) Placing a bid on an auction while there are less than 90 seconds on the clock will automatically add 30 seconds to the auction.
9) When you click on the bid button on an auction, you are placing a bid equal to the amount displayed on that button
10) Once an auction ends, winners are presented with an animation displaying whether they won a virtual good and/or more funds to bid with.
11) Prizes that can be won are displayed in each auction.
12) Auctions are credited almost immediately after they end. Please allow up to a minute for your winnings to be applied to your account.
13) Gold coins can never be withdrawn for anything of value. Gold coins are simply used to win more items and complete your collection and help you in crafting rarer more NPC-valuable items.
14) Winning Auction Bucks doesn't mean you can withdraw the amount you win. You must first utilize your funds by placing bids. You don't have to win or lose anything, just place bids. Once you are outbid, 100% of your funds are refunded and 5% of that value becomes withdrawable.
15) When you place a bid on one of our auctions, your funds are moved from your wallet into a pending wallet. Once you are outbid, 100% of that value is returned. You lose nothing.
16) You must have at least $100.00 Withdrawable Funds before being able to withdraw winnings.
17) Winners that withdraw will also be notified via email within 7 days of their winnings. We may also attempt to communicate via other means such as are supplied by you. Failure to provide proper contact information could result in forfeiture of your winnings. You will have (7) days to contact us in order to verify that you are eligible to win the Auction and to claim the prize. If you do not contact us within (7) days your winnings will be forfeited and returned to the users via promotions. TO BE ELIGIBLE FOR CASH OUT, USER DETAILS MUST MATCH THOSE OF THE PARTICIPANT ACCOUNT
18) You must adhere by the rules set forth in the entirety of these terms.
19) There is no way to reverse your bid. Once you place a bid, it is final.
20) You agree that you are eligible to participate in auctions and contests in your jurisdiction.
21) Before withdrawing funds, you must verify your identity with 2 valid government documents and 1 utility bill with your name and address on it. This only needs to happen once, once you are verified there is longer a need to verify for future withdrawals.
22) You can only win a gross amount of $5,000 in one auction contest. Any amount beyond that cannot be paid out.
23) There is a maximum that can be won, total, of $10,000. After this, we must manually check your withdrawals before confirming and delivering. At this stage it is possible we may decline delvering prizes in excess of $10,000.
24) Rules, payout amounts, and virtual items can change from time to time. It is your responsibility to check these terms every time before you play.
25) You can find the amount of funds you have on every page at the top right as well as in your wallet page in your account.
26) As stated earlier, you cannot use bots or automated systems to utilize the services in BidLucky.com
27) We are not responsible for for losses that occur to system malfunctions or crashes. Our systems are secure enough to know when these things happen but there is always a chance that the way prizes are displayed may glitch and display erroneously. These erroneous displays will also not be covered by us and will not be paid out.
28) You are not a winner of any prizes shown until you verify your identity.
29) All decisions on payouts are at our sole discretion. We reserve the right not to payout any earnings for any reason we deem worthy.
30) Winnings are only sent to the account information in your BidLucky.com account.
31) Winners are responsible for taxes and other expenses not listed.
32) Winners lists can be found on the website.
33) Winnings are non-tranferrable.
VII. Types of Funds (Gold Coins / Cash)
There are a few different kinds of funds you can have on BidLucky.com. 1) You can have gold coins which allow you to bid on gold-coin auctions for virtual goods to collect and craft with. Gold coins can never be cashed out in any way and are simply for entertainment and winning more virtual items / gold. 2) You can have Auction Bucks which allows you to place bids on our auction-style contests. 3) You can have withdrawable cash which is further explained here: a) withdrawable cash is money that can be withdrawn as long as you reach the minimum wallet amount of $100.00. b) When you place a bid (lets say a $20 bid), your Auction Bucks are temporarily placed on hold to cover the bid. Once you are outbid, 100% of your funds are returned and 5% of those funds become withdrawable funds. In this exampkle, $1.00 would then be withdrawable. Once you withdraw, you must verify your identity according to the contest rules. You only need to verify your identity to us once.
Once you make a purchase for gold coins you agree that all sales are final. As stated earlier, no refunds will ever be given except at our discretion.
Each auction displays the Approximate Value of the prizes you can win. All prizes are paid out via PayPal (which may charge fees) once your identity has been verified. The amount that you can withdraw will be displayed in the wallet in your account. You can also hover over your Auction Bucks (Blue number on top right of page) to display a dark popup that will tell you just how much you can withdraw. You can only withdraw when your withdrawable wallet is at least $100.00. We reserve the right to substitute any prize with another prize of larger or equal value. The information in your account MUST match the information of your paypal account AND verification documents in order to be eligible for withdrawal. Prizes cannot be transffered. You are responsible for all taxes involved in winning and using these funds on our site.
IX. How To Verify
The verification process is simple. When you place your first withdrawal from your account, you will be required to fill out a form which will request your personal information as well as your paypal address and personal address. You may be required to sign and return an affidavit for declaration of eligibility, and a liability / publicity release (except where prohibited) in order to claim your prize if applicable. If you are of Canadian origin you will be required to answer a mathematical, skill testing question. If you cannot be contacted for any reason or you fail to reply to our messages and requests (no less than 28 days in the UK), or you fail to verify your identity or sign and return any requests (in Canada: Fail to answer mathematical question), you will forfeit your prize. If for some reason you cannot claim your prize or are disqualified, the prize will be returned to the players via promotions.
When we request for you to verify your account we will ask for 2 forms of government identification and 1 bill with your address on it. If any information is inaccurate it could make it difficult for us to verify your account and you will forfeit any winnings at our discretion. Please make sure when you first submit your personal information that it is correct and up to date. Acceptable forms of ID include, but are not limited to, Passport, License, State Identification, and most government documents with your name and id as well as your address.
Whenever you win something on BidLucky.com you may be chosen to be displayed as a recent winner. By participating on BidLucky.com in any way you are agreeing to and consent to have your name / likeness be dispalyed for promotional reasons in any media, worldwide and without notice or compensation.
XI. Copyrights and trademarks
All material found on our website remains the copyright of our company unless sated otherwise. You understand that by using this website, you are not gaining ownership of any aspect of our website or its virtual goods. Our materials include but or not limited to sound files, graphics, algorithms, text and designs. Certain aspects of our website might not be our copyright and are expressed so. Purchasing of any virtual currency or virtual goods does not constitute a right to own said product but instead it gives a license agreement that allows use of this virtual good within BidLucky.com and IWantISK.com. You are not allowed to copy, save, redistribute, commercialize, profit, or sell our website or its assets. You cannot sell your account in any shape or form or through any media.
We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. & 512(c)(2), named below: (a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Services;
(d) Your address, telephone number and email address;
(e) 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; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Optimal Tech Systems, LLC
1520 W Bryn Mawr Ave #G
Chicago, IL 60660
XII. Virtual Goods and Currency
In our website there are virtual goods such as loot or gems or even virtual parts used to craft other virtual goods all with no real life economic value. The only value these items have are the value set forth within BidLucky.com and IwantISK.com. These items only contain entertainment value and therefore we are suplying that need. These virtual goods remain the sole property of IWantISK.com and can be confiscated for any reason whatsoever. These goods cannot be sold as they never belong to the user but rather to the website and the company. It is possible to purchase virtual goods and/or virtual currency but in doing so you are purchasing a license to use said goods/currency rather than the rights to the virtual goods/currencies themselves.
Your purchase of the limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Company's sole discretion. You may not purchase, sell, or exchange Virtual Goods outside the Services. Doing so is a violation of this Agreement and may result in termination of your account with the Service and/or legal action.
Company retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.
XIII. Rules and regulations
Please be sure to be curteous to others. We do not allow racism or harassment of any kind. In certain parts of the website you will be able to speak with others. If these means of communication are abused or used to harass anyone your account will be banned and closed down. Any messages or text posted by users should not be deemed private and can be used without consent of the user. Do not post links to malicious software or any illegal content. You are responsible for how you act with other users. If any user feels harassed we will comply with law enforcement when necessary to help bring a stop to such situations. Cheating of any kind, either with scripts or through hacks, will not be tolerated and your accounts will be banned. You are not allowed to sell or transfer your account to another person. When you play a game on BidLucky.com you agree to the rules in this agreement on top of the rules set in place for that game. Remember to always read the rules when you play any games on BidLucky.com.
You are required to establish an account and/or to register on the Services in order to take advantage of certain features of the Services. This account is limited to your personal use and may not be transferred or assigned to any other person. If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You are only allowed to have one account. If multiple accounts are found to be colluding, all accounts will be banned.
You are responsible for maintaining the confidentiality of the password(s) and account(s) you may create and are fully responsible for all activities that occur under your password(s) and account(s). The Company reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Company. The Company and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by the Company for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Company is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Company is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. The Company also may terminate or suspend this Agreement, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in the Company's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Company and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise. Additionally, upon termination, all achievements that a user has acquired may, in Company's sole discretion, be terminated and forfeited. You have no property rights in any achievements. As to Virtual Goods, upon termination, your limited license to those Virtual Goods will be terminated and forfeited and you will have no further rights associated with the Virtual Goods.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Company and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
You agree that the Company may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or the Company and its Affiliated Parties.
In the event any account is inactive for a period of 6 months, the Company reserves the right terminate such account and/or cancel any accumulated Virtual Goods, points or other online balance associated with such account.
From time to time, BidLucky.com may contact you for certain information via email. We will never ask you for your password. BidLucky.com also contains certain features that allow you to set if and how you receive emails as reminders or notifications from BidLucky.com. Even without agreeing to receive emails from BidLucky.com you may from time to time receive critical emails that require a reply. Make sure to check your spam inbox. For the most part, we remind users to check spam folders for emails from BidLucky.com, especially when manually activating reminders and notifications via email. You may opt in for promotional emails as well as opting out.
XV. Participation Prohibition, Applicable Law, Jurisdictions
You must be 18 years of age or older to play for fun on our website. This website is hosted in the U.S. and is run by a company in the U.S. and governemed by the laws of Illinois. This website is intended for use only by residents of the U.S. and Canada, except quebec, and use outside of this area is not allowed. We do not guarantee that our services or our website act within applicable law in other countries. If you access our website outside of the United States, you do so by your own disgretion and it is your responsibility to comply with the laws of your jurisdiction.
We are available by email at [email protected] to discuss any concerns you may have regarding your use of our website. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO THE PARAGRAPH ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES' RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE SERVICES SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE "AAA") IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AAA, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR'S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION.
THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FILING FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FILING FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CASES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT. 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.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the following address: Optimal Tech Systems, LLC., 1520 W Bryn Mawr Ave, #G, Chicago IL 60660 Attn: Leon. The notice must be sent within thirty (30) days of creation of an account via the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the federal district court for the Eastern District of Pennsylvania, or, if federal subject matter jurisdiction is lacking, then in the state courts located in Berks County, Pennsylvania. The parties expressly hereby consent to exclusive jurisdiction in the aforesaid courts for any litigation, hereby also consent to personal jurisdiction in said courts for any litigation and waive, for all purposes, their right to challenge the lack of personal jurisdiction said courts over any litigation arising in connection with, out of, or as a result of (a) this Agreement or the Services, and (b) any acts or omissions of the Company in connection with this Agreement or the Services.
One Year Time Limit. You agree to commence any arbitration proceeding (or court action if applicable) with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.
XVI. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY, ITS OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE COMPANY'S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, "THE COMPANY AND ITS AFFILIATED PARTIES"). EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL GOODS AND SERVICES OR THIRD PARTY APPLICATIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the Company and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
The failure of the Company and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of the Company and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XIX. Parental Control
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org
XX Contact Information
If you have any questions whatsoever, please do not hesitate to contact us at [email protected] We will try to help to our fullest potential.
Optimal Tech Systems, LLC
1520 W Bryn Mawr Ave #G
Chicago, IL 60660