The Game Changers
Legal Information and Notices
Last Revised: 12/13/2019
Welcome to THE GAME CHANGERS WEBSITE!
These Terms apply to your access and personal use of this Site and unless separate terms exist, these Terms apply to your purchase of Products through our online store (“Store”).
Ownership and Agreement to Terms
The Site is the property of Game Changers Film LLC, its affiliates, licensors, service providers, employees, contractors, suppliers, officers and directors (collectively “Game Changers”, “Company”, “we”, “us”, or “our”). These Terms apply to you as a visitor or a user if you have created a Game Changer account.
BY USING THE SITE, YOU AGREE TO THESE TERMS WHICH INCLUDE THE PRIVACY NOTICE AND ANY OTHER TERMS AND CONDITIONS WHICH YOU MUST ACCEPT ON BEHALF OF US (COLLECTIVELY THE “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS INCLUDING THE PRIVACY NOTICE YOU MAY NOT USE THIS SITE OR CREATE AN ACCOUNT WITH US. If you are using the Site on behalf of an entity, you represent and warrant you are authorized to accept these Terms on behalf of the entity, and that the entity has agreed to be responsible to us if you violate these Terms.
We may revise these Terms without notice. If we materially revise these Terms, we will provide notification on the Site indicating that a material revision has been made. Unless specific consent is required, your continued access or use of the Site shall confirm your acceptance of the revised Terms.
Company Content, User Content (Prohibitions) and Third-Party (Endorsements)
“Company Content” includes all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including the design, structure, selection, coordination, expression, look and feel and arrangement of Site content. No part of the Site or Company Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed for any commercial publication or distribution without our express prior written consent. You may not remove any proprietary marks or notices or use Company Content for commercial purposes. We do not warrant the accuracy, completeness, or usefulness of Company Content.
“User Content” is content you create, generate, post, share or store when using the Site. Examples include but are not limited to recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials. User Content will be viewable by others under the privacy settings you establish. We are not responsible or liable for any User Content and you agree to be solely responsible for your User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason.
“Prohibited User Content” You agree not to create, post, share, or store User Content that: (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate a local, state, national or international law; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv) impersonates, or misrepresents your affiliation with, any person or entity; (v) references or depicts Game Changers or our Products but fails to disclose a material connection to us; (vi) contains any unsolicited promotions, political campaigning, advertising or solicitations; (vii) contains any private or personal data of a third-party without such third-party’s consent; (viii) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or (ix) in our sole judgment, is objectionable, restricts or inhibits a person from using or enjoying the Site or Products, or that may expose us or others to harm or liability.
“Endorsed Content” is Third-Party Content that we have determined supports our Core Principles. Content we endorse will be identified as “Endorsed Content”, absent such designation no endorsement or support can be inferred.
From time-to-time we offer products we believe support and align with our Core Principles (“Products”). You can purchase and pay for Products using our online “Store”. Depending on the payment processor selected, you will have to provide specific information such as account numbers, banking info and other personal data which the payment processor requires to complete your purchase. Please see our Privacy Notice for more information on how we collect and process personal data.
By placing an order, you represent that Products ordered will be used only in a lawful manner. Specifically, all DVDs, Blue-Ray discs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. When an order is placed, it will be shipped to the address you designate when checking out of the Store. You may return or exchange Products purchased from the Store by contacting us at: [email protected]
Shipping and Delivery
We process and ship all domestic orders within 2-3 business days. We do not ship to PO Boxes. Orders are not shipped or delivered on weekends or holidays. Shipping charges will be calculated at checkout. You will receive a shipment confirmation email, with tracking information, once your order has shipped.
Returns and Refunds
If you are not satisfied with the quality and content of your product you may return it within 30 days of the ship date no questions asked, and no restocking fee charged. You may cancel an order with a full refund for orders not shipped.
All returns must be in the original packaging with a receipt or proof of purchase. If you believe your order was damaged in shipping, we require that you contact us within 5 days of delivery, and we will work with you to quickly resolve the issue.
Diet and Exercise Disclaimer
The information we provide is for informational purposes only and not meant to substitute for the advice of health care professional. You should not use any information available on the Site for diagnosing or treating a health problem or disease or prescribing any medication. Information and NOTICEs regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
GAME CHANGERS IS NOT A MEDICAL SITE OR SERVICE AND DOES NOT PROVIDE MEDICAL ADVICE OR GUIDANCE. GAME CHANGERS MAY FROM TIME-TO-TIME PUBLISH INFORMATION OR OFFER PRODUCTS AND SERVICES WHICH MAY ASSIST WITH MAINTAINING A HEALTHY LIFESTYLE BUT ULTIMATELY YOU AND YOUR HEALTH PROVIDER ARE RESPONSIBLE FOR DETERMINING THE EFFICACY OF A PRODUCT OR SERVICE TO PROVIDE A HEALTH BENEFIT OR BE AVOIDED.
GAME CHANGERS EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK, PERSONAL OR OTHERWISE, WHICH IS INCURRED AS A CONSEQUENCE, EITHER DIRECTLY OR INDIRECTLY, OF THE USE AND APPLICATION OF ANY INFORMATION, GUIDANCE, PRODUCT OR SERVICE IDENTIFIED, PROVIDED OR MADE AVAILABLE BY GAME CHANGERS, INCLUDING ANY INFORMATION PUBLISHED ON THE SITE.
YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTH CARE PROVIDER BEFORE MAKING CHANGES TO YOUR DIET OR EXERCISE PROGRAM OR BEFORE YOU CEASE OR ALTER THE DOSE OF ANY MEDICATION(S) YOU ARE TAKING TO MANAGE OR IMPROVE A CONDITION.
License, User Content License, Linking and Prohibited Use
Conditioned on your agreement to these Terms we grant you a personal, non-exclusive, non-transferable, non-sublicensable and limited “License” to access and use the Site and Company Content strictly under these Terms. Notwithstanding anything to the contrary, the Site and Company Content may include software components provided by Game Changers or a third-party that are subject to separate license terms, in which case those license terms shall govern the software component.
We do not grant you any license, express or implied, to the intellectual property of Game Changers or our licensors or users except as expressly authorized by these Terms. Any use of the Site and Company Content other than as specifically authorized, without our prior written permission, is strictly prohibited and will terminate all licenses granted. Unauthorized use may violate applicable laws and regulations. Unless explicitly stated, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Game Changers or any third-party, whether by estoppel, implication or otherwise.
By uploading, posting or submitting User Content to the Site, you grant Game Changers a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license (“User Content License”) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose at our sole discretion, including, without limitation, for publicity, advertising, business, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to the Site you represent and warrant that: (i) User Content is not confidential; (ii) you own and control all rights to the User Content or you otherwise have all necessary rights to post the User Content; (iii) you authorize Game Changers to use all User Content for the purposes described in these Terms; (iv) User Content is accurate and not misleading or harmful in any manner; and (v) your use and posting does will not violate these Terms or applicable law, rule, regulation or third-party right.
You may not use the Site for any “Prohibited Use” including but not limited to: (i) for a commercial purpose; (ii) in a way violating federal, state, local, or international laws or regulations; (iii) for sending, knowingly receiving, uploading, downloading, using, or reusing material in violation of these Terms; (iv) for posting or distributing material that is sexually explicit, violent or discriminatory; (v) for infringing any patent, trademark, trade secret, copyright, or other intellectual property interest; (vi) in a way which misrepresents or deceives a third-party; (vii) which introducing a virus, Trojan horse, worm, logic bomb, or other malicious or harmful code; (viii) which interferes, damages, overburdens, or disrupts the Site its servers, computers or database by initiating a denial-of-service attack, using robots, spiders, automatic devices, or other processes to unlawfully access or damage the Site; (ix) for advertising, selling, spamming, or otherwise targeting a third-party for a commercial purpose; or (x) otherwise which would breach these Terms or violation of the law. You further agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit the content, in whole or in part, found on the Site.
Intellectual Property, Copyright, Trademark and DMCA
The Site, including Company Content and all features and functionality including but not limited to information, software, text, displays, images, video, audio, design, selection, arrangement are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.
You may only use the Site, including Company Content, for personal non-commercial use. You cannot copy, reproduce, print, download transmit, distribute, modify or create any derivative works of the Site or Company Content. You must not remove or alter copyright, trademark or other proprietary rights, marks or notices. All content, including Company Content, that you download, or share may not be reproduced, transmitted, distributed or otherwise provided or used for any commercial purpose. You will not delete or alter any proprietary rights or attribution notices in any content. You will use Company Content solely for your personal use and will make no other use of Company Content without the express written permission of us and the copyright owner.
“The Game Changers”, The “www.gamechangersmovie.com” name, and any other Game Changers product or service names, logos or slogans that may appear on the Site or on products are trademarks of Game Changers and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “The Game Changers” or any other name, trademark or product or service name of Game Changers without our prior written permission. In addition, the look and feel of the Site and the products, services and information offered including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Game Changers and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or associated with a product or service offered are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the trademark holder.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with law. If you believe any materials accessible on or from the Site infringe your copyright and/or trademark you own or control, you may file a notification of such infringement with our designated agent:
Designated Agent: General Counsel
Address: Game Changers Film, LLC
28241 Crown Valley Pkwy. Suite F202
Laguna Niguel, California 92677.
Your notification should contain:
You acknowledge that if you: (i) fail to comply with the requirements of this policy, your DMCA notice may not be valid; and (ii) knowingly make a material misrepresentation in your notification, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We utilize different cookies and similar technologies to recognize you when visiting our Site. In addition, we’d love to send you information and materials, including marketing and advertising information sometimes from third parties. We realize you may not be interested in this information, so please let us know by visiting the “Cookies” section of our Privacy NOTICE which further explains our use of these technologies, why we use them, and your rights to control and your information sent to you.
We do not market or advertise to children and we require that you be at least 13 years old to use the Site. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Site, you are subject to the terms of this Agreement and responsible for your child’s activity while using the Site. Please see our Privacy NOTICE for more information.
From time-to-time we may offer the opportunity for eligible website visitors to participate in one of our “Sweepstakes”. We will provide full disclosure of the rules and governing laws for any Sweepstakes we offer. You must provide actual consent as a condition to your Sweepstakes participation.
We are serious about how “Personal Data” is handled when using our Site. We work to make sure the appropriate resources are utilized ensuring our continued compliance with all relevant data privacy laws and regulations. You must review and accept our Privacy NOTICE as a condition to using the Site.
We may, without prior notice and in our sole discretion, terminate your access and use of the Site if: (i) we determine that you have violated these Terms; (ii) we receive a request from an authority or governmental agency; or (iii) we determine that continued operation of the Site is not economically feasible or could cause harm or damage to us, you or any other third-party. We reserve the right to disable any account, username, password, or other identifier and remove all User Content. If we take legal action against you because of your violation of these Terms, we may recover, and you agree to pay, reasonable attorneys’ fees and costs incurred from such action.
Submission, Cooperation and Disclosure
Separate from User Content, you may submit questions, comments, suggestions, ideas, original or creative materials or other information about Game Changers, the Site or offered products and services (collectively, “Submission”). Submissions are not confidential and shall become the sole property of ours. We shall own exclusive rights, including, without limitation all intellectual property rights in any such Submission and may have the unrestricted use and dissemination of any Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting, uploading, inputting, providing or submitting any Submission you warrant and represent that you own or otherwise control all the rights to the Submission, including without limitation all the rights necessary for you to provide, post, upload, input or submit the Submission. Further, you warrant and represent that we are not under any obligation of confidentiality relating to any Submission.
You acknowledge and agree that we may preserve all communications and transmissions through the Site. We reserve the right to disclose information about you, including your identity, if we deem such disclosure necessary to comply with any law, regulation, legal process or governmental request. We may also disclose your information if we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. YOU WAIVE AND HOLD HARMLESS GAME CHANGERS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OFFICERS, OR DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GAME CHANGERS AS A RESULT OR CONSEQUENCE OF AN INVESTIGATION BY GAME CHANGERS, A THIRD-PARTY, LAW ENFORCEMENT OR OTHER GOVERNMENTAL AUTHORITIES.
GAME CHANGERS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL CONTENT PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GAME CHANGERS CANNOT ENSURE ANY CONTENT, FILE OR OTHER DATA DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GAME CHANGERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAME CHANGERS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GAME CHANGERS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAME CHANGERS OR ANY GAME CHANGERS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE OTHERWISE RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM GAME CHANGERS OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GAME CHANGERS’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GAME CHANGERS AND THE OTHER GAME CHANGERS PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS OR SERVICES PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER OR RECEIPT OF PRODUCTS OR SERVICES OR ACCESS OR USE OF THE SITE OR CONTENT EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID FOR THE RELEVANT ORDER, PRODUCT OR SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE GAME CHANGERS AND THE OTHER GAME CHANGERS’ PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless Game Changers, its affiliates, licensors, service providers, employees, contractors, suppliers, officers or directors against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Site or any User Content you submit. Game Changers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Game Changers in asserting any defenses.
Governing Law & Venue
All matters relating to the Site, Company Content, User Content or these Terms including any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any dispute between the parties not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Los Angeles.
Dispute Resolution; Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department at [email protected]. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
If the parties cannot resolve a dispute arising out of or about these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. The arbitrator's award shall be final, the prevailing party may recover its costs and reasonable attorneys’ fees and judgment may be entered upon it in any court having jurisdiction. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place individually. Class arbitrations and class / representative / collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Game Changers agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Federal Arbitration Act
You and Game Changers agree these Terms affect interstate commerce and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution
You and Game Changers agree that each party will notify the other party in writing of any arbitrable or small claims dispute within thirty (30) days of the date it arises, so the parties can attempt in good faith to resolve the Dispute informally. Notice to Game Changers shall be sent by certified mail or courier to Game Changers Film, LLC, Attn: General Counsel, 28241 Crown Valley Pkwy. Suite F202, Laguna Niguel, California 92677. Your notice must include: (i) name, address, telephone number, an email address, (ii) a description in reasonable detail of the nature or basis of the dispute, and (iii) the specific relief you are seeking. Our notice will be sent electronically under these Terms and will include: (a) our name, address, telephone number and an email address; (b) a description in reasonable detail of the nature or basis of the dispute; and (c) specific relief you are seeking. If you and Game Changers cannot agree how to resolve the dispute within thirty (30) days after the date notice is received by the party, then either you or Game Changers may under this section, commence an arbitration proceeding or, to the extent specifically provided for in the relevant section of these Terms, file a claim in court.
Except for disputes arising out of or related to disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Game Changers agree that any dispute must be commenced or filed by you or Game Changers within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (so you and Game Changers will no longer have the right to assert such claim regarding the dispute). You and Game Changers agree that (i) any arbitration will occur in the State of California, County of Los Angeles, (ii) arbitration will be conducted confidentially by a single arbitrator administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA rules are incorporated by reference, and (iii) that the state or federal courts of the State of California and the United States, respectively, sitting in the Los Angeles, California which shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Authority of Arbitrator
As limited by the FAA, these Terms and the AAA rules, the arbitrator will have: (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable; and (ii) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Rules of American Arbitration Association
The rules of AAA and additional information about AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the rules of AAA, or (ii) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply.
If any term, clause or provision of this section on arbitration is held invalid or unenforceable, then to the minimum extent required by law, all other terms, clauses and provisions will remain valid and enforceable.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the relevant sections of these Terms by writing to: Game Changers Film, LLC, Attn: General Counsel, 28241 Crown Valley Pkwy. Suite F202, Laguna Niguel, California 92677. To be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting-out of binding arbitration, you are agreeing to resolve disputes under the alternative processes set out in these Terms.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, failure to bring a claim or cause of action after one (1) year will bar (prohibit) you from pursuing the claim. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party may have reasonable costs and attorneys’ fees.
No waiver by Company of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, so the remaining provisions of these Terms will continue in full force and effect.
Severability and Entire Agreement
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. These Terms including the Privacy NOTICEs set forth the entire understanding between you and us and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
If you are a California resident, under Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
This Site is operated by Game Changers Film, LLC 28241 Crown Valley Pkwy. Suite F202, Laguna Niguel, California 92677.
Any feedback you provide shall be deemed to be non-confidential and available for our use on an unrestricted basis. All feedback, comments, requests for technical support, and other communications relating to this Site should be directed to [email protected].
Copyright © 2019 Game Changers Film, LLC. All rights reserved.