Date: 16 November 2023
TERMS OF SERVICE.
1.1. From time to time, we may make revisions or amendments to these Terms. Should we do so, any such modifications or changes shall be reflected on the Site at Terms of Service. We will also provide you with a notification of any material alterations to the Terms. You acknowledge that you will be bound by any such changes regardless of whether you receive or read such notifications, and that it is your responsibility to check the Terms of Service as posted on the Site before accessing the Site or taking part in any Services. Your continued use of the Services after any changes have been posted shall be taken as further consent and agreement to the Terms as changed or amended.
1.2. We may also modify or amend the Linked Policies from time to time. If we do so, any such modifications or changes shall be reflected in the Linked Policies as posted on the Site. You agree that you will be bound by any such changes, and it is your responsibility to check the Linked Policies as posted on the Site before accessing the Site or taking part in any Services. Your use of the Services after the posting of any changes shall be taken as further consent and agreement to the Linked Policies as changed or amended.
1.3. If you have questions about these Terms or the Linked Policies, please reach out to Customer support.
1.4. In the event of any inconsistency between the Terms and the Linked Policies, the Terms shall expressly control.
2.1. You may only have one Customer Account. If you open or attempt to open more than one Customer Account, all Customer Accounts you have opened or try to open may then be closed or suspended (at our sole discretion) and any prizes or Virtual Currency balances may be voided.
2.2. If you lose access to your Customer Account, please do not sign up for a new Customer Account. Contact customer support via the Contact Us form to recover your existing Customer Account.
2.3. You are always obligated to keep your personal details up to date. If you change your address, email, phone number or any other contact details or personal information please contact customer support. The name that you provide to us at registration must match any identification you provide for your Customer Account verification.
2.4. During the registration process you will be required to pick a password unless (i) you login to your Customer Account using the Facebook® login facility in which case your Facebook® password will apply or (ii) you login to your Customer Account using the Google® login facility in which case your Google® password will apply.
2.5. You are responsible for the security of your Customer Account. You confirm that you will not share your Customer Account or password with another person or let anyone else access or use your Customer Account without our written permission. You will not access or use a Customer Account which has been rented, leased, sold, traded, or otherwise transferred from the original account owner.
2.6. If you believe or suspect that the security of your Customer Account may have been compromised, including but not limited to disclosure of your password and or other Customer Account details, you must notify us immediately.
2.7. You are responsible for preserving the confidentiality of your Customer Account details and accept responsibility for all uses of the Customer Account, including any purchases (whether or not these purchases were authorized by you). In particular you are responsible for ensuring that no child or any minor under the age of eighteen has the ability to access or use your account.
2.8. We reserve the right to close your Customer Account if it is inactive for a period of sixty days or longer. You agree that we are not required to provide notice to you prior to taking such action, though we may choose to do so in our sole discretion.
2.9. If you wish to close your Customer Account, please contact customer support. Closing your Customer Account will result in the forfeiture of all continued access to and right to use, enjoy or benefit from any Virtual Currency associated with your Customer Account.
2.10. We reserve the right to refuse or close a Customer Account at our sole discretion.
2.11. We may at our sole discretion limit Customer Account registrations to a single account registrations per IP address.
2.12. You consent to receiving marketing communications from Us relating to McLuck and all other brands offered by Us. We may contact you via email, post, SMS and other telephone communications. If you wish to unsubscribe from our marketing communications, please contact customer support.
3.1. Virtual Currency We may offer virtual, in-game currencies ("Virtual Currency") for use with the Services. On the site, Games are currently played with Gold Coins. Gold Coins may be provided for free or purchased through the Services for real money consideration (where legally permissible).
3.2. In accordance with these Terms, we supply you with a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use the Service solely for your personal, private entertainment. Besides this limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Currency with the Services, you have no right or title in or to any such Virtual Currency appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. You accept and agree that your license to use the Service is limited to these Terms, and if you breach or act in contravention of these Terms, your license to use the Service may be immediately terminated at our sole discretion.
3.3. These Terms do not grant you any right, title or interest in the Service.
3.4. We reserve the right to regulate, control, modify and/or eliminate such Virtual Currency as we see fit in our sole discretion to the extent legally permissible, and we shall not be held liable for any exercise of such rights.
3.5. The transfer or sale of Virtual Currency by you to any third party is strictly prohibited. It is also not permissible to sell or assign your Customer Account to any other person under any circumstances. Any such attempt will be in violation of these Terms, will result in closure and forfeiture of the Customer Account, and may result in a lifetime ban from the Services and possible legal action.
3.6. You understand and agree that any sales of Virtual Currency are final and that we are not required to provide a refund for any reason. Upon termination or suspension of your account, or the Services, all Virtual Currency will be revoked, and no refund will be granted. In addition, no Virtual Currency will be credited to you or converted to cash or other forms of reimbursement if your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Virtual Currency are selectively removed or revoked by Us from your account, to the extent legally permissible.
Your ability to retain access to the Service is based upon your ongoing agreement to these Terms, particularly:
4.1. you are at least eighteen (18) years of age or the minimum legal age of majority, whichever is greater in the jurisdiction of your residence and are, in accordance with the laws of the jurisdiction(s) applicable to you, legally allowed to take part in the Games and access the Service;
4.2. you understand and agree that we are not able to provide you with any legal advice or any other assistance and that it is your sole responsibility to make sure that at all times you acting in accordance with the laws that apply to you and that you have all legal rights necessary to use the Service;
4.3. you do not live in and will not access the Games or Service from the Prohibited Territories;
4.4. you take part in the Games exclusively in your personal capacity for recreational and entertainment purposes only;
4.5. all information that you provide to us during the term of validity of these Terms is truthful, comprehensive and accurate;
4.6. you will not involve yourself in any fraudulent or other unlawful activity in relation to your participation in any of the Games and you will not use any software-assisted methods or techniques (such as but not limited to “bots” designed to play automatically) for your participation in any of the Games. We reserve the right to nullify any participation in the event of such behavior.
5.1. This Service is licensed and not sold to you. You acknowledge and agree that we and our licensors own all rights, title and interest in and to the Service, including all intellectual property rights therein as further specified in Section 11 and that we retain ownership of the Service even after installation on your device. You agree to:
6.1. The name associated with your payment mechanism must match the name you registered for your Customer Account. If it is brought to our attention that there is a difference between the two, your Customer Account may be suspended, purchases voided, and any Virtual Currency balance removed or amended accordingly. You must inform us immediately if your payment mechanism is (or you suspect is) lost, stolen, or otherwise compromised.
6.2. You acknowledge and agree that we may appoint one or more third party company (“a Payment Agent”) to process or make payments from or to you on our behalf from time to time, with or without prior notice.
6.3. By accepting these Terms, you authorize us and/or our Payment Agents to store your payment credentials in accordance with payment processing regulations.
6.4. The Payment Agent will have the same rights and privileges as us and may exercise or enforce them as our agent or in their own name. We are not liable for any loss, damage, or liability resulting from the Payment Agent’s negligence and/or acts beyond the authority given by us.
6.5. If a charge back request is made in relation to one or more of your Gold Coin purchases, your account will be suspended. If this occurs, the amount of the charge back will be a debt you owe us and you must make payment through an alternative payment mechanism.
6.6. All Gold Coins purchases made by you must be made in US dollars.
6.7. Gold Coins will be added to your account immediately, unless there is a delay due to external factors such as poor internet connection, internet failure, or electricity outages.
6.8. Your account statement will designate the purchase as coming from “B2Services OU”.
6.9. After you purchase Gold Coins, you will receive two confirmations: (i) an on-screen confirmation; and (ii) an email to the email address associated with your account.
6.10. Once logged into your Customer Account, your Gold Coins balance will appear on the top right corner of your screen on both mobile and desktop.
6.11. Gold Coins will expire after an account has been Inoperative for sixty (60) consecutive days. In this case, “Inoperative” means there has been no game play activity.
6.12. Our Customer Support can be accessed twenty-four (24) hours a day, seven days a week via the Contact Us page by submitting a request form. Our response time is as soon as possible, but could take up to twelve (12) hours. For payment related queries, you can call +1 (650) 663-2778 which is also available twenty-four (24) hours a day, seven days a week.
7.1. In addition to these Terms, Games offered on the Service may have additional rules which are available on the Service. It is your responsibility to read the rules of a Game before playing. You must become familiar with the applicable terms of play and read the rules before playing any Game.
7.2 Our Services offer our own pooled Jackpots (“Social Jackpots”) which operate across all brands offered by Us. These Social Jackpots are funded by all Users gameplay across all participating games. By consenting to these Terms, you acknowledge that your participation in the Social Jackpots is on a pooled basis with all Users across all brands. For further information on Social Jackpots please click here.
7.3 McLuck Social Jackpots are known as “McJackpots”. Participation in the Gold Coin McJackpot is an integral part of the social gaming experience offered on McLuck.com. If you do not wish to participate in the Gold Coin McJackpot please do not register an account on the Service. If after registration with the Service, you do no longer wish to participate in the Gold Coin McJackpot please contract customer support to close your account.
8.1. If you are dissatisfied with the Service, you can contact us by selecting the “Contact Us” link on the Site and completing the form.
8.2. All complaints/claims must be submitted for consideration within three (3) months from the issue that gave rise to the complaint.
8.3. To protect your privacy, all communications must use the email address you registered your Customer Account with. This communication should include: your user ID; your first and last name (as registered on your Customer Account); a detailed explanation of the complaint/claim; and any specific dates and times associated with the complaint/claim (if applicable).
8.4. Failing to include the information listed in point 8.3 may delay our response to your complaint/claim. we will reply as quickly as possible.
8.5. We will aim to resolve your complaint/claim as quickly as possible. If you are not satisfied with the outcome, you may pursue arbitration as set out in Section 16.
9.1. All promotions, contests, and special offers are subject to these Terms, and any additional terms that may be published at the time of the promotion, contest or special offer.
9.2. We reserve the right to withdraw or alter any such promotions at our sole discretion and without prior notice to you.
9.3. We reserve the right to exclude you from any promotions, contests or special offers at our sole discretion and without any obligation to give reasons.
9.4. We reserve the right to exclude you from any promotions, contests or special offers if we believe you have tried to enter by using more than one Customer Account or are engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in your local jurisdiction), whether or not you would have or might have won but for such activity. Where multiple entries/accounts have been used, we reserve the right to suspend these accounts and withhold any promotional benefits.
9.5. You confirm that you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free License to use in whatever way we choose, and without further acknowledgement of you as the author, any content you post or publish as part of a promotion, contest or competition.
10.1. We are entitled to conduct any verification checks (including credit background checks and identity checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.
10.2. We may restrict your opening or use of a Customer Account pending any verification checks having been completed to our satisfaction.
10.3. The documents required may include identification documentation (including photo identification) such as a government issued identification document, a utility bill that matches the address registered on your Customer Account, and source of wealth or source of funds documentation such as a payslip or bank statement. If you fail to provide any requested document in the form required within forty (40) days from the date it was first requested, we may deactivate or restrict your Customer Account in our sole discretion.
10.4. We may use third party service providers to run external identification, location verification, and other verification checks based on the information you provide from time to time. To access your Customer Account or use the Service, you must enable and allow “Locations Services” on your device or PC.
11.1. These Terms only grant you the right to use the Service and do not convey any ownership rights or any other interest in the Service.
11.2. All rights, title and interest, including any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property or where licensed from a third party their sole property.
11.3. Your use of the Games will not give you any ownership rights in the intellectual property. The titles, source and object codes, game client and server software, the “look and feel” of the Games, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, Customer Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations files, images, graphics, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above will remain vested in us or any third party supplier of the Games.
11.4. However, you acknowledge and agree that you shall have no ownership or other property interest in the Customer Account, and you further acknowledge and agree that all rights in and to the Customer Account are and shall forever be owned by and inure to the benefit of us.
11.5. We require our users to respect the intellectual property rights of others and expect them to do the same. If you feel your work has been copied in a manner that violates copyright laws, or you think your rights have been violated or infringed in any way through the Site, please notify us via Contact Us form.
11.6. In order for us to be able to help you, you must include the following in your notification:
11.7. Prior to submitting your notification, please take the time to consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If your notification proves to be unwarranted, you may be liable for costs and attorneys’ fees.
12.1. You must comply with all applicable laws when creating any content related to your use of the Services. You undertake not to submit to the Service, or send to other users of the Service, any material that is defamatory, inaccurate, abusive, obscene, offensive, sexual in nature, aggressive, harassing, racially offensive, illegal or infringes another party’s rights.
12.2. You will not provide false, misleading, or inaccurate information to us or to any other user of the Service.
12.3. We may at our sole discretion delete any customer content without notice but are not obliged to do so. We are not responsible for the conduct of any user in the Service, or for any customer content they submit.
12.4. you hereby grant us a sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content, and to incorporate it in other works in any form, media, or technology now known or later developed.
12.5. you further grant us the unrestricted, right to use and exploit your name, likeness and any other information or material included in any User Content, and in connection with any User Content or your Customer Account, without any obligation to you. you waive any rights of attribution and/or any moral rights you may have in your User Content, except as prohibited by law.
12.6. you acknowledge that any User Content you post is your sole responsibility, and you take full responsibility for any risks associated with it. we do not guarantee the backup or retention of any User Content transmitted to the Service.
12.7. Prohibited Content in the Service includes, but is not limited to:
12.7.1. Promotion of racism, bigotry, hatred or physical harm of any kind against any group or individual;
12.7.2. Harassing material;
12.7.3. Offensive material of a sexual or offensive nature;
12.7.4. Promotion of terrorism or religious hatred;
12.7.5. Illegal activities or conduct that is abusive, threatening, obscene or defamatory;
12.7.6. Commercial material without authorization from us; or
12.7.7. Content advertising the services of another business or competitor.
12.8. If you encounter any materials in the Service that you believe are offensive, hateful, harassing or otherwise prohibited, you can notify us by emailing [email protected].
13.1. The Service may contain links to content owned and/or operated by third parties, for instance third parties who may invite you to participate in promotional offers or rewards programs or third-party advertisers or payment providers. All charges or liabilities you may incur through your dealings with these third parties are your responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.
13.2. Our inclusion of a link to a third-party website, services or content in the Service does not imply endorsement, advertising, or promotion of such websites, services or content or any materials available and we make no guarantee as to the content, functionality, or accuracy of any third-party website.
13.4. We do not endorse, assume and will not have any liability or responsibility to you or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is solely responsible for all goods and services it provides to you and for any and all damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part.
13.5. If you use third party social networking websites to discuss the Service such as Facebook® and Twitter®, you acknowledge and agree that:
14.1. No Warranties
THE SERVICES, WHETHER IN WHOLE OR IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
IN SOME JURISDICTIONS, THE LAW MAY NOT PERMIT DISCLAIMERS OF WARRANTIES, LIABILITIES OR DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.3. We are not responsible for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor attempts by you to participate by methods, means or ways not intended by us.
14.4. We do not take responsibility for any damage or losses incurred as a result of delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Service or any errors or omissions in the Service.
14.5. In the event of a malfunction in the Services, then all Game play on the Service will be annulled.
14.6. If an error or malfunction occurs in a Game, then all Game play resulting from the error or malfunction will be voided.
14.7. We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that indicate incorrect behavior affecting, game data, Virtual Currency balances, balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Service. Player balances and account details may be altered by us in such cases in order to correct any mistake.
14.8. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. we may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. we will restore the Service, as soon as is reasonably practicable, after such temporary suspension.
14.9. We have the right to declare participation in a Game void, partially or in full, if, in our sole discretion, it is obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.
14.10. If you are incorrectly awarded any Virtual Currency or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then we will not be liable to award you any such Virtual Currency or prizes and you agree that any such Virtual Currency or prizes that have been awarded in error to your Customer Account will be voided.
14.11. We reserve the absolute right to make a decision in the event of a discrepancy between the result showing on a user’s device and the server software. This discretion includes the authority to recognize the result showing on the server software as the official and governing result.
15.1. To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be held liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, wasted expenditure, cost of obtaining substitute goods or services, loss of good-will, or other intangible losses, resulting from:
15.1.1. your access to or use of or inability to access or use the service;
15.1.2. any conduct or content of any third party on the service, including without limitation any content, products or services provided by any advertisers, affiliate advertising networks, rewards program operators or payment providers we may cooperate with or any other users of the service;
15.1.3. any content and/or information obtained from the service or reliance upon the service or any part thereof;
15.1.4. unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.
15.2. In some jurisdictions the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these terms removes or supersedes your rights as a consumer based on mandatory provisions of law.
15.3. To the maximum extent permissible under applicable law, our total liability and/or the liability of our affiliates is limited to the total amount you have paid us in the one hundred and eighty (180) days immediately preceding the date on which you first assert any such claim.
15.4. We are not held accountable for any damages or losses relating to or caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network, connections on account of your access to or use of the services. we cannot and do not guarantee continuous, uninterrupted, or secure access to the Service.
15.5. We are not liable for any damages, claims, liabilities or costs that you may incur or suffer in connection with any content, products or services offered by any third parties we cooperate with.
15.6. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of such third parties in connection with your use of the service.
15.7. You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
15.8. Nothing in these Terms shall limit our liability for death or personal physical injury resulting from our negligence or wilful misconduct.
16.1. Binding Arbitration and Class Waiver.
PLEASE TAKE NOTICE OF THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS, AS THEY REQUIRE YOU TO SUBMIT TO ARBITRATION ANY DISPUTES WITH MCLUCK AND RESTRICT THE WAY YOU CAN SEEK RELIEF. THESE TERMS OF SERVICES APPLY TO ALL CLAIMS YOU MAY POSSESS, WHETHER EXISTING AT THE TIME OF ACCEPTANCE OF THIS AGREEMENT OR ARISING IN THE FUTURE. IF YOU HAVE NOT AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE BEFORE, YOU HAVE AN OPTION, LISTED BELOW, TO EXCLUDE YOURSELF FROM THESE ARBITRATION AND CLASS WAIVER PROVISIONS. YOU MUST TAKE THIS ACTION WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT OR ELSE FORFEIT THE OPTION TO OPT-OUT.
THESE PROVISIONS PREVENT YOU FROM SEEKING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST MCLUCK. THEY ALSO PREVENT YOU FROM PARTICIPATING IN OR RECEIVING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST MCLUCK BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM BRINGING A LAWSUIT IN COURT OR RECEIVING A JURY TRIAL.
16.2. Scope of Arbitration Provision.
You and McLuck agree that any dispute, claim or controversy arising out of or relating to your access to or use of any McLuck Site (including Services) or to these Terms of Services (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Services) (a "Dispute"), shall be determined by arbitration, including claims that arose before acceptance of any version of these Terms containing an arbitration provision, except that you and McLuck are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. In addition, in the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, you and McLuck agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the existence, scope or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Dispute.
The parties acknowledge that the agreement in this Section to arbitrate any Disputes on an individual and case-by-case basis is a separate agreement for purposes of the Federal Arbitration Act in addition to the Terms. The alleged invalidity of the Terms of Services shall have no effect upon the validity of our mutual agreement to arbitrate any Disputes under this Section. In addition, If any portion of this section entitled "Dispute resolution and Agreement to Arbitrate all Disputes” is deemed to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 18.5 of these Terms.
16.3. Waiver of Class Relief.
Whether the dispute is heard in arbitration or in court, you agree that you and McLuck will not initiate a class action, class arbitration, mass action or other representative action or proceeding, and shall not otherwise participate in such actions. you and McLuck are each waiving respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you< agreed to these Terms of Services.
It is your decision to make and you are not required to rely solely on the information provided in these Terms of Services. It is important to take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
16.4. OPTION TO OPT OUT. IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU FAIL TO OPT-OUT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
16.5 PROCEDURE TO OPT OUT OF ARBITRATION. IF YOU DO NOT WISH TO AGREE TO THIS SECTION OF THE TERMS OF SERVICES REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, CLICK THE FOLLOWING LINK ARBITRATION OPT OUT AND ENTER ANY DETAILS REQUESTED. ***A REQUEST TO OPT-OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.***
16.6 Location of Arbitration and Applicable Rules. You and McLuck agree that such arbitration shall occur in Wilmington, Delaware. You may appear in such proceedings telephonically. You and McLuck agree that such arbitration shall be conducted by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), as modified by these Terms of Service.
16.7 Authority of Arbitrator. With the exception of class procedures and remedies as discussed above under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
16.8 Confidentiality. You and McLuck shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
16.9 Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and McLuck will bear all other costs charged by AAA or the arbitrator up to $5,000. you will still be responsible for paying your own attorneys’ fees.
Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
17.1. Disputes and Claims Must be Raised Within One Year. we both agree that any claims or lawsuits, regardless of form, arising out of or related to the Service or these Terms of Services must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
18.1. Entire Agreement. These Terms constitute the entirety of the agreement between you and us regarding your use of the Services, and override any previous or simultaneous communications and offers, whether digital, verbal, or written, between you and us pertaining to your participation.
18.2. Force Majeure. We are not liable or accountable for any failure to perform, or delay in performance, of any of our commitments under these Terms caused by events outside of our reasonable control.
18.3. Severability. If any part of the Terms, or any portion thereof, is declared invalid by a court of competent jurisdiction, that part of the Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms, which shall remain in full force and effect.
18.4. Assignment. These Terms are exclusive to you, and may not be assigned, transferred, or sublicensed by you. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder to any third party without prior notice to you.
18.5. Entire Agreement. These Terms encase the entire understanding between you and us, and override any earlier understandings between you and us regarding the subject matter.
18.6. Business Transfers. In the event of a change of control, merger, acquisition, or sale of assets, your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
18.7. Waiver. Our failure to enforce breach or a violation of these Terms, or otherwise failure to exercise any rights under these Terms, should not be construed as a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
18.8. Taxes. The payment and reporting of all taxes related to your use of the Service are your sole responsibility.
19.1. GOVERNING LAW. The parties agree that this Agreement and the Services associated with it are governed by and are to be interpreted in accordance with the laws of the State of Delaware USA, without regard to its principles of conflicts of law.
19.2. Subject to the arbitration provisions contained in Section 16, the parties agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination or invalidity of these Terms, will be exclusively submitted to the courts in Delaware, and you and we consent to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder can be presented before any court of competent jurisdiction.