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are not responsible for the content or performance of any third party sites accessed through the services or any third party applications software or content posted on available through or installed from the services including the content accuracy offensiveness opinions reliability privacy practices or other policies of or contained in the third party sites or the third party applications software or content if you decide to leave the services and access the third party sites or to use or install any third party applications software or content you do so at your own risk and you should be aware that our terms and policies no longer govern 1 6 no resale exploitation by licensee you may not reproduce copy resell manipulate or exploit any part of the services or the services materials as defined below for any commercial purpose 1 7 account termination prohibited access game taco may in its sole discretion and at any time with or without notice terminate your password account or use of any community feature and discard and remove any community content as defined below posted or submitted by you to any community feature for any reason or no reason we may also in its sole discretion and at any time with or without notice discontinue any community feature or limit or restrict any user access thereto for any reason or no reason at all should game taco take any of these actions it may in its sole discretion immediately deactivate your account following deactivation game taco may delete all information about and concerning your account including your registration information as defined below and submitted community content unless we are required to store such information for the protection and pursuit of our legal rights and obligations under any laws that are applicable to its operations additionally if your access to the services and or games sites has been terminated or suspended by us for any reason then you are not eligible to enter or participate in any game taco programs or promotions including without limitation any sweepstakes contests or giveaways or to win any prizes you understand and agree that game taco shall not have any liability to you or any other person for any suspension or termination of your access to any community feature and or the removal of information concerning your account the services are controlled and operated by game taco which has an office within the state of california united states of america u s a game taco makes no representation that the services and or the services content including any merchandise offered for sale on the services and their copyrights trademarks patents and licensing arrangements are appropriate or available for use in locations other than the u s a those who choose to access the services from locations outside of the u s a do so on their own initiative and at their own risk and are responsible for compliance with local laws use of the services the game sites and the websites is void where prohibited by applicable law software from the services is further subject to united states export controls no software from the services may be downloaded or otherwise exported or re exported i into or to a national or resident of north korea iran syria sudan or any other country subject to u s embargo or trade sanctions or ii to anyone on the u s treasury department s list of specially designated nationals or the u s commerce department s table of deny orders by downloading or using the software you represent and warrant that you are not located in under the control of or a national or resident of any such country or on any such list 1 8 governing law and disputes these tos shall be governed by and construed in accordance with the laws of the state of delaware and the united states of america without giving effect to any choice of law or conflict of law principles that would result in the application of any other state s laws 1 9 dispute resolution and arbitration you and game taco agree that all disputes as defined below between you and game taco will be settled by binding arbitration unless otherwise provided herein this agreement does not apply 1 if you are a resident of any jurisdiction which prohibits this arbitration agreement 2 if you opt out of this arbitration agreement as described in section e below or 3 to certain types of disputes described in section e below please read this provision carefully a purpose this dispute resolution and arbitration provision provision facilitates the prompt and efficient resolution of any disputes that may arise between you and game taco arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit to proceed in court and to a jury trial and instead submit their disputes to a neutral third person or arbitrator for a binding decision in the absence of an arbitration agreement you may otherwise have a right or opportunity to bring claims in court before a judge or jury and or participate in or be represented in a case filed in court by others including but not limited to class actions arbitration replaces the right to go to court except as otherwise provided herein by agreeing to these terms you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury there is no judge or jury in arbitration and court review of an arbitration award is limited the arbitrator must follow this agreement and can award the same damages and relief as a court including attorneys fees you have the right to opt out of this provision as explained below which means you would retain your right to litigate your disputes in a court either before a judge or jury for the purpose of these terms including this provision specifically game taco means game taco inc its partners parent companies subsidiaries licensees licensors and affiliates dispute means any dispute claim or controversy between you and game taco regarding any aspect of your relationship with game taco whether based in contract statute regulation ordinance tort including but not limited to fraud misrepresentation fraudulent inducement or negligence or any other legal or equitable theory and includes the validity enforceability or scope of this provision with the exception of the enforceability of the class action waiver clause below dispute is to be given the broadest possible meaning that will be enforced b agreement to arbitrate waiver of right to jury trial you and company each agree that except as provided below any and all disputes as defined above whether presently in existence or based on acts or omissions in the past or in the future will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this provision and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding you understand and agree that by entering into this agreement you and game taco are each waiving the right to a jury trial or a trial before a judge in a public court in the absence of this provision you and game taco might otherwise have had a right or opportunity to bring disputes in a court before a judge or jury and or to participate or be represented in a case filed in court by others including class actions except as otherwise provided below those rights are waived other rights that you would have if you went to court such as the right to appeal and to certain types of discovery may be more limited or may also be waived c class action waiver except as otherwise provided in this provision the arbitrator may not consolidate more than one person s claims and may not otherwise preside over any form of a class or representative proceeding or claims such as a class action consolidated action or private attorney general action unless both you and game taco specifically agree to do so following initiation of the arbitration if you choose to pursue your dispute in court by opting out of this provision as specified above this class action waiver will not apply to you neither you nor any other user of the services can be a class representative class member or otherwise participate in a class consolidated or representative proceeding without having complied with the opt out requirements above d pre arbitration claim resolution for all disputes whether pursued in court or arbitration you must first give game taco an opportunity to resolve the dispute you must commence this process by written notification to game taco at support gametaco com that written notification must include 1 your name 2 your address 3 a written description of your claim and 4 a description of the specific relief you seek if game taco does not resolve the dispute within 45 days after it receives your written notification you may pursue your dispute in arbitration you may pursue your dispute in a court only under the circumstances described below e exclusions from arbitration right to opt out notwithstanding the above you or game taco may choose to pursue a dispute in court and not by arbitration if i the dispute qualifies it may be initiated in small claims court or ii you provide the game taco written notice of your desire to opt out of these arbitration procedures within 30 days from the date that you first consent to this agreement the arbitration opt out notice to opt out of these arbitration procedures you must provide written notification to game taco inc at 25 burgess court sausalito ca 94965 your written notification must include 1 your name 2 your address and 3 a clear statement that you do not wish to resolve disputes with game taco through arbitration your decision to opt out of this provision will have no adverse effect on your relationship with game taco if you do not provide the company with an arbitration opt out notice within 30 days from the date that you first consent to these terms you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses i and ii above additionally notwithstanding the above game taco reserves the right to bring an action in any court of competent jurisdiction against you to stop and or seek compensation for the intentional or willful misuse or abuse e g hacking or falsifying location of its intellectual property services and products f arbitration procedures if this provision applies and the dispute is not resolved as provided above pre arbitration claim resolution either you or game taco may initiate arbitration proceedings the american arbitration association aaa www adr org or jams www jamsadr com will arbitrate all disputes and the arbitration will be conducted before a single arbitrator the arbitration shall be commenced as an individual arbitration unless both you and game taco agree in writing the arbitrator shall not consolidate more than one person s claims and may not otherwise preside over any form of any class or representative proceeding all issues shall be for the arbitrator to decide including the scope and enforceability of this provision as well as any dispute related to its interpretation applicability or formation including any claim that all or any part of it is void or voidable for arbitration before aaa for disputes of less than 75 000 the aaa s supplementary procedures for consumer related disputes will apply for disputes involving 75 000 or more the aaa s commercial arbitration rules will apply in either instance the aaa s optional rules for emergency measures of protection shall apply the aaa rules are available at www adr org or by calling 1 800 778 7879 for arbitration before jams the jams comprehensive arbitration rules procedures and the jams recommended arbitration discovery protocols for domestic commercial cases will apply the jams rules are available at www jamsadr com or by calling 1 800 352 5267 this provision governs in the event it conflicts with the applicable arbitration rules under no circumstances will class action procedures or rules apply to the arbitration because the service and these terms concern interstate commerce the federal arbitration act faa governs the arbitrability of all disputes however the arbitrator will apply applicable substantive law consistent with the faa and the applicable statute of limitations or condition precedent to suit arbitration award the arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to against or for the benefit of any person who is not a party to the proceeding the arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party such award will be final and binding on the parties except for any right of appeal provided by the faa and may be entered in any court having jurisdiction over the parties for purposes of enforcement location of arbitration for disputes between the game taco and users who are residents of the united states you or game taco may initiate arbitration in either sausalito california or the federal judicial district that includes the address you provide in your written notification of pre arbitration claim resolution in the event that you select the federal judicial district that includes the address you provide in your written notification of pre arbitration claim resolution game taco may transfer the arbitration to sausalito california in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer as determined by the arbitrator payment of arbitration fees and costs each party shall pay its own arbitration filing fees and arbitrator s costs and expenses you are responsible for all fees and costs that you incur in the arbitration including but not limited to attorneys or expert witnesses fees and costs may be awarded as provided pursuant to applicable law g severability if any clause within this provision other than the class action waiver clause above is found to be illegal or unenforceable that clause will be severed from this provision and the remainder of this provision will be given full force and effect if the class action waiver clause is found to be illegal or unenforceable this entire provision will be unenforceable and the dispute will be decided by a court h continuation this provision shall survive this agreement the termination of your account if applicable and or your access to or use of the service section 2 intellectual property 2 1 ownership of trademarks copyrights and patents as between users and game taco services content is different from community content community content consists of user generated content information and materials of any kind or nature that is included or posted by users in the community features sections of the website or an application collectively community content the services and a...