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Last updated: 12/10/2020
GamerMats may amend these Terms at any time by posting a revised version of the Terms on the GamerMats Website and a notice near the legal terms link. GamerMats will also update the Revision Date at the start of these Terms. Any such modifications will become effective upon the date they are first posted to this Website. By continuing to access the Website after the revised terms become effective, you agree to be bound to the revised terms.
GamerMats (“GamerMats”, “we”, “us” and “our”) provides the website gamermats.com (the “Website”) to give you information about us and our products and to allow you the opportunity to order products directly from the Website. Please be aware, however, that your use of this Website and all product orders are subject to the following terms and conditions (the “Terms”). If you do not agree to these Terms, then please do not use the Website or order products.
You understand and agree to following terms and conditions in placing any order on or through the Website:
You agree to indemnify, defend, and hold harmless GamerMats, its officers, directors, employees and agents, from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to use of the Website, violation of these Terms or the License Agreement, violation of any law or regulation (including but not limited to copyright, trademark, trade secret laws and regulations), or violation of any proprietary or privacy right (including but not limited to libel and publicity rights) by you and persons under your control, direction or authority.
IN NO EVENT WILL GamerMats BE LIABLE TO YOU OR ANY OTHER PARTY FOR PROCUREMENT COSTS, LOSS OF PROFITS, LOSS OF USE, OR FOR ANY OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OR FOR CONTRIBUTION OR INDEMNITY CLAIMS, HOWEVER CAUSED. GamerMats'S LIABILITY SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID TO GamerMats BY YOU FOR THE PRODUCTS. THESE LIMITATIONS WILL APPLY TO ALL CLAIMS, INCLUDING WITHOUT LIMITATION WARRANTY, CONTRACT, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
GamerMats respects the intellectual property rights of others. If you believe that your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement or that the unauthorized use of your trademark has appeared on or through the Website, then please contact us and provide the following information:
These Terms shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions. This is the case regardless of whether you reside or transact business with GamerMats in Illinois or elsewhere. Any dispute, claim or controversy between the parties relating to payment or performance of these Terms (excluding indemnity and intellectual property infringement claims which shall be subject to resolution in the courts) shall be resolved exclusively by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, by one (1) arbitrator appointed in accordance with such rules. Judgment on the award rendered by the arbitrators may be entered into any court of competent jurisdiction. For any claim excluded from arbitration or otherwise subject to jurisdiction of the courts, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cook County, Illinois. The prevailing party in arbitration or litigation hereunder will be entitled to recover all reasonable attorneys' fees and other expenses (in addition to statutory "costs" of litigation), including attorneys' fees and expenses in connection with any trial, appeal, or petition for review. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cook County, Illinois. The United Nations Convention on the International Sale of Goods will not apply to any transactions under this Agreement.
The parties will at all times be and act as independent contractors. Nothing in these Terms will be deemed to create a relationship of partners, employer and employee, or principal and agent. No modifications to these Terms shall be binding unless in writing and signed by an authorized representative of each party. You may not assign or otherwise transfer your account or your order to anyone else without the prior written consent of GamerMats, which consent will not be unreasonably withheld. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired. The failure of either party at any time to require performance by the other of any provision of these Terms shall in no way affect that party’s right to enforce such provision, nor shall the waiver by any party of any breach of any provision of these Terms be taken or held to be waiver of any further breach of the same provision or any other provision. All waivers must be in writing. GamerMats shall be excused from liability for nonperformance or delay due to any cause beyond its reasonable control. This is the entire agreement between the parties with respect to all online product orders; provided, however, that if the parties have signed a separate written agreement, then those terms shall prevail over these Terms to the extent of any conflict.