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1. Acceptance of these Terms of Service

 

These Terms of Service are entered into by and between you and Bad Dragon Enterprises, Inc. ("Bad Dragon," "we," "our," or "us"). The following terms and conditions, together with our Terms of Sale and Privacy Policy (collectively, "Terms of Service"), govern your access to and use of bad-dragon.com (this "Website"), including any content, features, and services offered on or through this Website, and any purchases, receipts, or uses of our products made available through this Website, whether as a guest or a registered user.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU BEGIN USING THIS WEBSITE. BY USING THIS WEBSITE OR BY CLICKING TO ACCEPT THESE TERMS OF SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND OUR TERMS OF SALE AND PRIVACY POLICY, BOTH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

 

THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

 

IF YOU DO NOT AGREE WITH ALL TERMS, CONDITIONS, POLICIES, AND PRACTICES IN THESE TERMS OF SERVICE, OUR TERMS OF SALE, AND OUR PRIVACY POLICY, YOU MUST NOT ACCESS, USE, OR PURCHASE ANYTHING FROM THIS WEBSITE.

 

This Website is offered and made available only to users who are at least 18 years of age, and who reside in the United States (or any of its territories or possessions) or in any foreign countries and territories in which all terms and conditions found in these Terms of Service are legally valid and fully enforceable under the laws and regulations of those foreign countries and territories.

 

By using this Website, you represent and warrant that you are of legal age to form a binding contract with Bad Dragon. If you are using this Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Service. If you do not meet all of these requirements, you must not access, use, or purchase anything from this Website.

 

 

2. Changes to these Terms of Service

 

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of this Website thereafter.

 

Your continued use of this Website following the posting of revised Terms of Service means that you accept and agree to all changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

 

 

3. Accessing this Website and Account Security

 

We reserve the right to withdraw or amend this Website, and any services, content, or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of this Website or the entire Website.

 

You are responsible for both:

• Making all arrangements necessary for you to have access to this Website.

• Ensuring that all persons who access this Website through your internet connection are aware of these Terms of Service and comply with them.

 

To access this Website or some of the sections, resources, or content it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide in order to register with this Website or otherwise, including any personal information, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

If you choose, or are provided with, a username, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

 

You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach.

 

You also agree to ensure that you sign out of or otherwise exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, mobile device or network, so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

 

 

4. Bad Dragon's Copyrights

 

This Website and its contents (including without limitation, all information, data, software, object code, source code, text, displays, user interfaces, images, graphics, videos, audio, materials, and the design, selection, and arrangement thereof) are owned by Bad Dragon, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.

 

Bad Dragon grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license to access and use this Website for personal, non-commercial purposes only, subject to these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material or content on this Website, except as follows:

 

• Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement or other legitimate purposes.

• If we provide desktop, mobile, or other software applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide any interactive features or functions with certain content, you may take such actions as are enabled by such interactive features or functions.

• You also must not:

• Access or use for any commercial purposes any part of this Website or any content, features, services, or materials available through this Website.

• Delete or alter any copyright, trademark, or other proprietary rights notices from any content or materials from this Website.

 

If You engage in any of the prohibited activities described above, or otherwise breach these Terms of Service, your right to use this Website will end immediately and you must, at our option, return or destroy any copies of the content or materials you have made.

 

No right, title, or interest in or to this Website or any portions of it are transferred to you, and all rights not expressly granted in these Terms of Service are expressly reserved by Bad Dragon. Any use of this Website not expressly permitted by these Terms of Service is a breach of these Terms of Service, and may violate copyright, trademark, and other laws.

 

 

5. Bad Dragon's Trademarks

 

The Bad Dragon® name, logo, and all related names, logos, product names, service names, designs, trade dress, slogans, and other source indicators are registered or unregistered trademarks of Bad Dragon, or its affiliates or licensors. You must not use any of them without Bad Dragon's express prior written permission.

 

 

6. Prohibited Uses

 

You may use this Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use this Website:

 

• In any way that violates any applicable federal, state, local, foreign, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitations.

• To impersonate or attempt to impersonate Bad Dragon, any Bad Dragon employees, agents, or representatives, another user, or any other person or entity (including, without limitation, by using any email addresses, screen names, or other identifiers associated with any of the foregoing).

• In any manner that could disable, overburden, damage, or impair this Website or interfere with any other party's use of it, including their ability to engage in real time activities through it.

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm Bad Dragon or users of this Website, or expose them to liability.

• Additionally, you agree not to:

• Use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.

• Use any manual process to monitor or copy any of the material on this Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of this Website.

• Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other material or code that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any accounts, parts, or portions of this Website, the servers or systems on which this Website depends or is stored, or any servers, computers, networks, or databases connected to this Website.

• Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of this Website.

 

 

7. Reliance on Information Posted

 

We do not warrant the accuracy, completeness, or usefulness of any content or information posted on or through this Website. Any reliance you place on such content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other Website visitor, or by anyone who may be informed of any of its contents.

 

The Website may include third party content. All statements and opinions expressed or found in any third party content on this Website, are solely the statements and opinions, and the responsibility of the person or entity posting or providing that content. Such content does not necessarily reflect the opinions of Bad Dragon. We are not responsible or liable to you or any third party, for any third party statements or opinions, or for the accuracy or legality of any third party content.

 

 

8. Changes to this Website

 

We may update the features or content on this Website from time to time, but its features and content are not necessarily complete or up-to-date. Any of the features and content on this Website may be out of date at any given time, and we are under no obligation to update such material.

 

 

9. Information About You and Your Visits to this Website

 

Your use of this Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using this Website, you consent to the practices described in the Privacy Policy, and all actions taken by us in accordance with it.

 

 

10. Purchases From This Website

 

All purchases made through this Website or other transactions with or involving us for the sale of goods, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Service.

 

 

11. Linking to this Website

 

You may link to this Website, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it, but you must not establish any link that in any way suggests any form of association, approval, sponsorship, or endorsement by Bad Dragon, without our express prior written consent.

 

This Website may provide certain interactive features that enable you to:

 

• Link from your own or certain third-party websites, social media accounts, and other online locations, to certain content on this Website.

• Engage in communications with certain content, or links to certain content, on this Website.

• Cause limited portions of this Website's content to be displayed or appear to be displayed on your own or certain third-party websites, social media accounts, and other online locations.

• You may use these interactive features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any websites, social media accounts, or online locations that are not owned or operated by you.

• Cause this Website or portions of it to be displayed on, or appear to be displayed by, any other sites or online locations, for example, framing, deep linking, or in-line linking.

• Otherwise take any actions with respect to the materials on this Website that are inconsistent with any other provision of these Terms of Service.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any interactive features and any links at any time, in our sole discretion and without notice.

 

 

12. Links from this Website

 

If this Website contains any links to any third-party websites, services, or resources, these links are provided for your convenience only. This includes links contained in any advertisements, including banner advertisements and sponsored links. Bad Dragon is not responsible for the content, materials, functionality, security, privacy policies, or practices of any third-party websites, services, or resources, and has no control over any of the foregoing. As such, we accept no responsibility for any of them, or for any losses or damages that may arise from your use of them. If you decide to access any of the linked third-party websites, services, or resources, you do so entirely at your own risk, and are subject to those third parties' terms and conditions of use.

 

 

13. International Users

 

Bad Dragon is based in the U.S. State of Arizona in the United States. We make no claims that this Website or any of its content, features, or services are accessible or appropriate outside of the United States. Access to this Website may not be legal by certain persons or in certain countries or territories. If you access this Website from outside the United States, you do so on your own initiative and are solely responsible for complying with all applicable laws and regulations in your jurisdiction. You are also subject to our Privacy Policy and Terms of Sale.

 

 

14. Disclaimer of Warranties

 

We do not guarantee that this Website will be uninterrupted, error-free, or free of viruses, malware, or other harmful or destructive components or code. You are solely responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, MALICIOUS CODE, OR ANY OTHER TECHNOLOGICALLY HARMFUL CODE OR MATERIAL THAT MAY INFECT OR NEGATIVELY IMPACT YOUR COMPUTER OR DEVICE HARDWARE, SOFTWARE, EQUIPMENT, PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR ONLINE LOCATION LINKED TO IT.

 

YOUR USE OF THIS WEBSITE, ITS CONTENT, FEATURES, AND SERVICES ARE AT YOUR OWN RISK, AND ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

NEITHER BAD DRAGON NOR ANYONE ASSOCIATED WITH BAD DRAGON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE OR ANY OF ITS CONTENT, FEATURES, OR SERVICES. WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER BAD DRAGON NOR ANYONE ASSOCIATED WITH BAD DRAGON REPRESENTS OR WARRANTS THAT THIS WEBSITE OR ITS CONTENT, FEATURES, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVERS AND NETWORKS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL CODE OR MATERIAL, OR THAT THIS WEBSITE OR ANY OF ITS CONTENT, FEATURES, OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, BAD DRAGON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

15. Limitation on Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BAD DRAGON, ITS SUBSIDIARIES, AFFILIATES, AND ENTITIES UNDER COMMON CONTROL, OR THEIR LICENSORS, SERVICE PROVIDERS, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, ADVISORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITES OR ONLINE LOCATIONS LINKED TO IT, ANY CONTENT, FEATURES, OR SERVICES ON OR THROUGH THIS WEBSITE, OR SUCH OTHER WEBSITES OR ONLINE LOCATIONS, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, REVENUE, PROFITS, BUSINESS, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF BAD DRAGON HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR THEY WERE FORSEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

16. Indemnification

 

You agree to defend, indemnify, and hold harmless Bad Dragon, its subsidiaries and affiliates, and their respective licensors, service providers, owners, officers, directors, shareholders, managers, members, employees, agents, contractors, representatives, advisors, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of this Website, including without limitation, any use of this Website's content, features, and services other than as expressly authorized in these Terms of Service, or your use of any information obtained from this Website.

 

 

17. Governing Law

 

This Website is operated from within the United States. All matters, disputes, or claims arising out of or relating to this Website and these Terms of Service (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the United States and the U.S. State of Arizona, without giving effect to any choice or conflict of law provision or rule (whether of the U.S. State of Arizona or any other jurisdiction) that that would cause the application of the laws of any jurisdiction other than those of the U.S. State of Arizona.

 

 

18. Dispute Resolution for Users Not in the United States or Canada

 

If you are located outside of the United States or Canada or are otherwise not subject to the “Special Arbitration Provision – Dispute Resolution for Users in the United States or Canada” section below, you agree that any claims, disputes, controversies, lawsuits, actions, or proceedings, whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims (collectively, "Claims") between you and Bad Dragon, arising from or relating in any way to these Terms of Service, including those claims arising from or relating in any way to your use of this Website, must be and will be resolved exclusively in the federal courts of the United States or the courts of the U.S. State of Arizona, in each case located in Maricopa County, Arizona, United States, although we retain the right, in our sole discretion, to bring any Claims against you for breach of these Terms of Service in your country of residence or in any other relevant jurisdiction. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such Claims, and you hereby waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts.

 

 

19. Special Arbitration Provision – Dispute Resolution for Users in the United States or Canada

 

IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, THIS SECTION APPLIES TO YOU.

 

(a) YOU AND WE HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION, WITH RESPECT TO ANY CLAIMS THAT ARE SUBJECT TO THESE TERMS OF SERVICE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE, OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIMS, DISPUTES, CONTROVERSIES, LAWSUITS, ACTIONS, OR PROCEEDINGS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS (COLLECTIVELY, "CLAIMS") BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, INCLUDING THOSE CLAIMS ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THIS WEBSITE, MUST BE AND WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION.

 

THIS MEANS THAT YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH CLAIMS RESOLVED IN COURT BY A JUDGE OR JURY, AND YOU MAY BRING SUCH CLAIMS ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON OR CLASS OF PEOPLE. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR CLAIMS HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

 

(b) The arbitration required under this Section 19 will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 19. (The AAA Rules are available at https://www.adr.org/ or by calling the AAA at 1-800-778-7879.)

 

No less than thirty (30) calendar days before you commence arbitration, you must first deliver to us a written “Notice of Dispute” that includes your (a) name; (b) residential address and mailing address; (c) username; (d) email address; (e) phone number; (f) a detailed description of the dispute and Claims; and (h) the specific remedies and relief you are seeking.

 

Any Notice of Dispute you send us will only be deemed delivered on the date actually delivered by an internationally recognized overnight delivery service such as FedEx, UPS, or DHL, and only if sent to us at the following address: 901 W Melinda Lane, Phoenix, Arizona, 85027, USA.

 

No less than thirty (30) calendar days before we commence arbitration, we will send you a Notice of Dispute to the email address you used to register for this Website or that you otherwise provided to us.

 

Subject to the prior written Notice of Dispute requirement above, either you or we may initiate arbitration by filing a demand for arbitration with the AAA, and paying the required filing fee, as set forth in the AAA Rules. The arbitration shall be conducted exclusively in the English language, by a single neutral arbitrator selected in accordance with the AAA Rules.

 

Unless otherwise agreed to between you and us, the arbitration must physically take place in Maricopa County, Arizona, or, if you reside outside of the United States, in a mutually agreed-upon location or via remote means (for example only and without limitation, through video conferencing software such as Zoom or Microsoft Teams), as permitted by the AAA rules.

 

The arbitrator will have exclusive authority to resolve all Claims as well as any disputes relating to the arbitrability and/or enforceability of this Section 19, including any unconscionability challenge or any other challenge that this Section 19 or these Terms of Service are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award(s) of the arbitrator will be final and binding on you and us, and may be entered as a judgment in any court of competent jurisdiction.

 

The arbitrator may award reasonable attorney’s fees to the prevailing party.

 

Except as required by law or to enforce the arbitration award, the arbitration proceeding and any related documents or information shall be and shall remain confidential.

 

(c) You agree to arbitration on an individual basis. This means that NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION, OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. No arbitrator may consolidate more than one person's claims, and they may not otherwise preside over any form of a representative or class proceeding.

If any provision of this Section 19 and arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will remain valid and be enforced.

 

The United States Federal Arbitration Act will govern the interpretation and enforcement of this Section 19.

 

 

20. Time Limit to Bring Any Claims

 

Whether you are subject to Section 18 or Section 19 above, THESE TERMS OF SERVICE LIMIT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT OF TIME YOU HAVE TO BRING ANY CLAIMS (DEFINED ABOVE), INCLUDING THE TIME TO START A COURT ACTION OR AN ARBITRATION PROCEEDING (AS APPLICABLE TO YOU).

 

You agree that YOU MUST BRING ANY CLAIMS WITHIN ONE (1) YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT(S) OR FACTS GIVING RISE TO SUCH CLAIMS; OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE THOSE CLAIMS, AND THEY ARE PERMANENTLY BARRED. In other words, if you do not initiate an arbitration proceeding or a court action (as applicable to you) regarding any such Claims within one year after the date on which those Claims first arose, then the arbitration or court action will be dismissed because you commenced the arbitration or court action too late.

 

 

21. Waiver and Severability

 

No waiver by Bad Dragon of any term or condition set out in these Terms of Service 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 Bad Dragon to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service is held by a court, arbitrator, 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, such that the remaining provisions of these Terms of Service will continue in full force and effect.

 

 

22. Entire Agreement

 

These Terms of Service, together with Bad Dragon's Terms of Sale and Privacy Policy, constitute the sole and entire agreement between you and Bad Dragon regarding this Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this Website and any portions, contents, features, and services thereof.

 

 

23. Your Comments and Concerns

 

All feedback, comments, requests for technical support, and other communications relating to this Website should be directed to: legal@bad-dragon.com