Terms of Service
Gamer Guardians LLC
Effective Date Sept 7 2024
Welcome to the website of Gamer Guardians, LLC., a California limited liability company (“Gamer Guardians”).
These Terms and Conditions of Use (“Terms“) apply to the use of all websites, mobile apps, and other digital platforms that are owned and/or operated by Gamer Guardians, or by third parties authorized to act on behalf of Gamer Guardians, where these Terms are posted, and all services and features available thereon (each, a “Service” and, collectively, the “Services“). Gamer Guardians values your interest in its services and appreciates your visit to its Services.
PLEASE NOTE THAT THESE TERMS CONTAIN DETAILS REGARDING AUTOMATIC RENEWALS OF SUBSCRIPTIONS.
NOTICE REGARDING ARBITRATION:
PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
To help you sort through everything, please consult the below table of contents, which will take you to the relevant section.
Introduction.
Your Account and Responsibility
Content on our ServersGamer Guardians SubscriptionsChanges to the Terms and ServicesHow the Services WorkPrivacy PolicyDisclaimer of WarrantiesLimitation of LiabilityIndemnityDisputes & ArbitrationGoverning Law & Jurisdiction Miscellaneous
IntroductionThis is a legal agreement. If you use the Services, except for the limited purpose of reviewing these Terms or other agreements or policies on the Services, you expressly represent and promise to us that you (i) are legally competent to enter into this agreement, (ii) are above the age of majority in your jurisdiction of residence, and (ii) agree to comply with and be bound by these Terms, which together with our privacy policy and any Additional Terms (defined below), govern Gamer Guardians’s relationship with you in relation to the Services. If you are an individual using the Services on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “organization”), then you are agreeing to these Terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms.
When we refer to “we,” “us,” or “our,” we mean Gamer Guardians or the specific division, subsidiary, or affiliate that operates the Service, provides its content, or processes information received through it, each as appropriate and applicable.When we refer to “you” or “your,” we mean the person accessing the Service. If the person accessing the Service acts on behalf of, or for the purposes of, another person, including an organization, “you” or “your” also means that other person or organization.
Your Account and Responsibility
Accounts
To access certain portions of the Services, you may be required to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, or otherwise act in a false or misleading manner during the account creation process, we reserve the right to terminate your account and suspend your use of the Services.
Further, you are responsible for preserving the confidentiality of your account password and agree to notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. We reserve the right to, at our sole discretion, immediately suspend or terminate Your access to the Service should Your conduct, in our sole determination, fail to conform with this Agreement.
Your responsibilities.
Parents/Guardians, by creating an account with our services, you're representing that you are (a) at least 18 years old and meet the minimum age required by the laws of your country and (b) you are the parent/legal guardian of your Gamers, or otherwise have the full consent of your Gamer to invite them into an account.
Ultimately, while we do utilize moderators and moderation software, it is on you to monitor and supervise your Gamer for what they do online.User ConductWhen you use our Services, you must comply with these terms and all applicable rules and regulations. Generally, this is summarized by: Don't cause harm to yourself; don’t' cause harm to others, don't cause harm to Gamer Guardians; don't commit crimes.
For clarity, you, as well as any Gamers under your account, cannot use the Services in any manner that:
Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);Interferes with or disrupts the proper functioning of the Services or the services connected to the Services;Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;Causes Gamer Guardians to lose (in whole or in part) the services of our Internet service providers or other suppliers;Links to materials or other content, directly or indirectly, to which you do not have a right to link;Is designed to gain unauthorized access to any services or materials offered by Gamer Guardians or computer systems or networks connected to any Gamer Guardians server through hacking, password mining, or any other means;Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or discriminatory based on race, ethnicity, nationality, sex, sexuality, gender, age, or disability;Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Services or any portion thereof;Violates, or encourages anyone to violate, these Terms or any applicable local, state, national, or international law, regulation, or order.
Gamer Guardians shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Services for the purpose or determining or enforcing compliance with these Terms. Further, Gamer Guardians shall be free to delete, remove, or refuse to post any User Content if we determine that the content violates these Terms.
You agree that Gamer Guardians has the right to (i) disclose your identity or other relevant information about you to any third party who claims that User Content posted by you violates their rights; (ii) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Services; and (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Services.
You hereby waive any claims related to or resulting from any action or inaction of Gamer Guardians with respect to (i) monitoring the use of the Services; (ii) deleting, removing, modifying, or refusing to post any User Content; (iii) determining or enforcing compliance with these Terms; and (iv) cooperating with law enforcement on any matter related to the Services. You further agree that Gamer Guardians shall not be liable to you with respect to any other user’s conduct that is prohibited under these Terms. Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Gamer Guardians, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law.
ContentIntellectual Property and Restrictions on Use of Information and Content
All information, content, features, and functionalities provided on the Services, (collectively, the “Content”), whether explicitly marked or not, are the property of Gamer Guardians or its licensors, and are subject to U.S. and international copyright laws. The Content includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Services. The Content also includes all trademarks, service marks, logos, slogans, trade names, model and brand names, emblems and trade dress (collectively, “Marks”). We are providing you with access to the Services and the Content pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You may use the Services and the Content for your personal use (if you are an individual consumer) or internal business purposes (if you are using the Services on behalf of an organization), and at all times subject to these Terms. In no event may you use the Content for any commercial purpose, i.e., for any purpose intended for or directed towards commercial advantage or monetary compensation. This license is available to you unless and until you or we terminate these Terms, we otherwise suspend your access to the Services, or you are barred from using the Services by applicable law. Gamer Guardians reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Under this license, you are permitted to use the Services and the Content in the following ways: (i) you may access and browse the Services, and use the features and functionalities made available to you thereon, using a device that you own or are authorized to use (a “Device”); (ii) you may download the Content from the Services to a Device and print out a hard copy, provided that you maintain all copyright and other intellectual property notices on the Content, do not modify or otherwise alter any Content, and do not expressly or implicitly suggest an association with any services, product, brands or affiliates of Gamer Guardians; (iii) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device; and (iv) your Device may temporarily store copies of the Content incidental to your use of the Services.
You may not otherwise copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any Content in any form or by any means. Further, without the prior written permission of Gamer Guardians, you may not frame, or make it appear that a third-party website or service is presenting or endorsing, any aspect of the Services, or incorporate any intellectual property of the Services into another website or other service. Aside from the limited license granted in this section, these Terms do not grant you any rights to use the Marks. Under no circumstances are you permitted to use the Marks in a manner that creates a likelihood of consumer confusion as the source or identity of any products or services or the ownership of the Trademarks in question.
Any use of the Content, except as specifically permitted in these Terms or in a written instrument signed by Gamer Guardians is strictly prohibited. Nothing contained in this Service shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Gamer Guardians or any third party.
Any use of the Content or Marks provided on the Services that does not comport with the above Terms shall be an unauthorized use and may subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
We reserve the right to delete Content, including User Content, for any reason at any time. While we do engage some moderation, we may not be able to monitor all content, and assume no responsibility for monitoring the Service or inappropriate Content.
User Content & Your License Grant to Gamer Guardians
Certain aspects of the Services may permit users to submit, post, link, send, share, or otherwise make available (“share”) information and content (“User Content”). User Content has not necessarily been reviewed or approved by Gamer Guardians, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Gamer Guardians. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content.
You will retain ownership of any intellectual property rights that you own in your User Content, but, in exchange for the opportunity to share User Content on the Services, you automatically grant to Gamer Guardians a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise use and exploit your User Content for any purpose (commercial or otherwise) and in any media, medium, form, format, and forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. By sharing User Content, you represent and warrant that you possess all rights and permissions necessary to grant this license.
User Content shall not be deemed confidential, and Gamer Guardians shall not have any obligation to keep any such material confidential. You acknowledge and agree that Gamer Guardians shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services incorporating such information, all without any compensation or attribution to you.
For avoidance of doubt, all User Content on the Services is considered part of the Contents, as defined above in these Terms. As such, aside from the limited license to access and use the Services and the Contents granted in these Terms, you may not copy, reproduce, or otherwise use or exploit User Content shared by another party without the prior written permission of the owner of such content.
Third Party Content
These Terms do not apply to any website owned and/or operated by or on behalf of any third party even if we provide a link to such website on one of our Services (“External Sites”). Gamer Guardians does not guarantee, approve, or endorse the information or products available on External Sites, nor does a link on the Services indicate any association with or endorsement of the External Sites.We do not operate or control and have no responsibility for the information, products and/or services found on External Sites. Nor do we make any representation or warranty, express or implied, as to the accuracy or reliability of any information, products and/or services provided on or through External Services, including warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.Users of the Services assume complete responsibility and risk in their use of any External Sites. Users should direct any concerns regarding any external link to the External Service’s administrator or webmaster. Users are hereby informed to exercise utmost caution when visiting any External Sites.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:Your physical or electronic signature.Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.A statement that the information in the written notice is accurate.A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Please submit any DMCA Notice to Support@parkingconcepts.com, with the subject line "DMCA Notice" If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.Links to the ServicesYou are permitted to establish a hyperlink to a homepage of the Services, provided that (i) you do so in a manner that is fair, legal, and does not state or imply any sponsorship, endorsement of or affiliation with the originating website, application, or service (the “Originating Service”) by Gamer Guardians absent our express, written consent; (ii) the Originating Service contains no content that you would be prohibited from posting on the Services pursuant to these Terms or any applicable law; (iii) the Originating Service is owned by you or you have express written consent from the owner to establish the link; and (iv) you do not establish a deep-link or otherwise link to any page other than the homepage of the Services. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice.
Deletion of Content.
Subscription Plans
A. Subscription Plans. Subscription Plans allow you to set up recurring payments for monthly parking plans. By registering for a Subscription Plan, you authorize us to charge the credit card or account that you have designated every month in the amount of the applicable Subscription Plan fee plus applicable tax. Each Subscription Plan payment renews the applicable parking plan for a subsequent month (the “Subscription Period”).
Your Subscription Plan may be subject to Additional Terms presented to you prior to purchase. We may change the price of Subscription Plans from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Subscriptions will take effect at the start of the next Subscription Period.
B. Billing Cycles. The subscription fee for the Subscription Plans and any charges you may incur in connection with the site, such as taxes and possible transaction fees will be charged through our Online Payment Service. The length of your billing cycle will depend on the Subscription Plan that you choose when you signed up for the Subscription Plan. Fees for Subscription Plans are fully earned upon payment.
C. Auto-Renewal and Cancellation. Subscription Plans automatically renew until they are cancelled. This means that you will be charged for the applicable fee at the beginning of every month unless and until you cancel your Subscription Plan.
You may cancel your Subscription Plan without fee or penalty at any time by logging into your account on the Services or contacting us at:
Email: Max@GamerGuardians.com. Phone number: 949-432-0290Physical mailing address: 4710 Seashore Dr, Unit B Newport Beach, CA 92663
If you cancel your Subscription, cancellation will be effective at the end of the then-current Subscription Period. In other words, you will maintain the parking privileges according to your Parking Contract through the end of the then-current Subscription Period, after which time such privileges will terminate. Unless we expressly state otherwise, you will not receive any refund if a Subscription Plan is canceled prior to the end of a Subscription Period. The provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances.
Changes to the Terms and ServicesModification to the Terms
Gamer Guardians, at its sole discretion, reserves the right to alter or change these Terms at any time. For material changes, we will seek to supplement such notice by email, a pop-up message on the Services, other prominent notice on the Services, or by other reasonable means. By using the Services after any changes in these Terms, you agree to be legally bound by the Terms as amended. Therefore, you should frequently revisit this page to determine the present terms and conditions to which you are legally bound.
Termination Of these Terms
These Terms will continue to apply to you until terminated by either you or Gamer Guardians. We may terminate these Terms or suspend or terminate your access to the Services at any time if we believe you have breached any of these Terms, if we stop providing the Services or any material component thereof, or as we believe necessary to comply with applicable law. You may terminate these Terms at any time by deleting your account for the Services, or emailing us at Max@GamerGuardians.com. If you or we terminate these Terms, or if we suspend your access to the Services, you agree that (i) your right to access and use the Services ceases immediately and (ii) we shall have no liability or responsibility to you, and (except as expressly provided in writing by Gamer Guardians) we will not refund any amounts that you have already paid to us.
The following provisions shall survive the termination of these Terms: This section; the sections Intellectual Property and Restrictions on Use of Information and Content (excluding the license granted to you); User Content & Your License Grant to Gamer Guardians; Video Content on the Services; Disclaimer of Warranties; Limitation of Liability; Disputes & Arbitration; Governing Law & Jurisdiction; Miscellaneous, and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms. Modifications to the ServicesWe may change, restrict access to, suspend or discontinue the Services, or any portion thereof, at any time, with or without notice. You understand, acknowledge and agree that Gamer Guardians will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services.
How the Services WorkService Description, Availability & Pricing Information
Gamer Guardians strives to be as accurate as possible and eliminate errors on the Services. There may, however, be information on the Services that contains errors, inaccuracies, or omissions and they may relate to service descriptions, pricing, promotions, offers and/or availability. Certain services offered on the Services may have limited availability or may be available only in certain geographic regions.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time and without prior notice. If any errors, inaccuracies, or omissions affect a Transaction you have already initiated, and we do not cancel the Transaction (which we have the right but not the obligation to do), your sole remedy is to seek a refund by contacting us as Max@GamerGuardians.com. Otherwise, Transactions are final and non-refundable. The prices displayed on the Services are quoted in U.S. Dollars and are subject to change without notice.
Third-Party Services or Platforms.
The Services may integrate, be integrated into, or be provided in connection with third party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. If you access the Services using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent to Gamer Guardians that you have read and agreed to those terms.
SMS Messages
We may send you one or more welcome messages or administrative messages related to accessing your account. We may use any automated or non-automated technology to send you text messages.
Data obtained from you in connection with sending text messages may include your mobile phone number, your wireless provider’s name, the date, time, and content of your messages and other information you provide to Gamer Guardians as part of this service. Gamer Guardians may use this information to contact you for the purposes of providing services you request from Gamer Guardians. If you have questions regarding our privacy practices, please read Gamer Guardians’s Privacy Policy.
Gamer Guardians may terminate or modify how we utilize text messaging or your participation it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received. Your ability to use the Services may also be impacted if your mobile telephone service terminates or lapses.
Gamer Guardians does not charge you for the text messages, but message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
Gamer Guardians text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, which may limit your ability to use the Services. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including mobile network services, are outside of Gamer Guardians’s control, and Gamer Guardians is not responsible or liable for issues arising from them. Gamer Guardians is not liable for delayed or undelivered messages.
You represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to accept messages under these Terms. You are responsible for notifying Gamer Guardians immediately if you change your mobile telephone number. You may notify Gamer Guardians of a number change by contacting Customer Care by emailing Gamer Guardians at Max@GamerGuardians.com. You agree to indemnify Gamer Guardians in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Gamer Guardians if you change your telephone number, including all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
You can request that Gamer Guardians ceases messaging you at any time. To opt out of text messages, you must text STOP to that number. After doing so, we may send you confirmation of your opt-out via text message. You further agree that texting STOP in response to our text message is the only reasonable method of opting out of our text messages. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again.
We have the right to modify any telephone number or short code we use to send you messages at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, may not be received, and we will not be liable for honoring requests made in such messages.
For help or questions regarding our text messages, visit Max@GamerGuardians.com.
Mobile Networks
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.
System Requirements
You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Services.
App Permissions
When you use the Services via a designated app provided by Gamer Guardians, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By downloading, installing or using the Services via an app provided by Gamer Guardians, you agree to receive automatic software updates (as applicable).
International Use
Gamer Guardians makes no representation that the Services or the Contents are appropriate or available for use in locations outside the United States and accessing them from territories where the Services or the Contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
Privacy Policy
Your submission of personal data to us through the Services is governed by Gamer Guardians’s Privacy Policy, which is hereby incorporated into these Terms by reference. Accordingly, by using this Services, you affirmatively acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of Gamer Guardians’s Privacy Policy.
DISCLAIMER OF WARRANTIES
YOUR USE THE SERVICES, THE CONTENTS, AND THE SERVICES OFFERED ON THE SERVICES IS DONE ENTIRELY AT YOUR OWN RISK. THE SERVICES, THE CONTENTS, AND THE SERVICES OFFERED ON THE SERVICES, INCLUDING CONTENT PROVIDED BY THIRD PARTY ADVERTISERS AND SPONSORS AND PARKING PERMITS FOR THIRD PARTY VENUES AND FACILITIES, ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE DISCLAIMERS, GAMER GUARDIANS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) : (1) MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THE SERVICES THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THE SERVICES, THE INFORMATION AND CONTENT FROM WHATEVER SOURCE POSTED ON OR REFERRED TO THE SERVICES, OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR CONTENT; (2) DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO, OR USE OF, THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, OR THE INFORMATION OR CONTENT FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING THEREON, ARE, FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (3) DO NOT REPRESENT OR WARRANT THAT ANY SERVICES OR PRODUCTS LISTED ON, OR ACCESSED THROUGH, THIS SERVICE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN AT ANY TIME AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH PRODUCTS OR SERVICES; AND (4) DO NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS, OR ANY OTHER ASPECT OF ITEMS FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THE SERVICES. GAMER GUARDIANS HAS NO OBLIGATION TO UPDATE ANY INFORMATION OR CONTENT ON THE SERVICES. ACCORDINGLY, GAMER GUARDIANS, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AND JOINT VENTURE PARTNERS ASSUME NO RESPONSIBILITY REGARDING THE ACCURACY OF THE INFORMATION OR CONTENT PROVIDED ON THE SERVICES. ANY USE OF THE INFORMATION OR CONTENT PROVIDED ON THE SERVICES IS DONE SO AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. HOWEVER, YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ANY PARTY FOR THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES OBTAINED THROUGH THE SITES: (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (2) LOST REVENUES, LOST PROFITS, LOSS OF USE, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WHETHER DIRECT OR INDIRECT; (3) DAMAGES ARISING FROM THE CONDUCT OF OTHER USERS OF THE SITES OR THEIR USER CONTENT; OR (4) DAMAGES ARISING FROM OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR DETERMINING YOUR OWN SAFETY AND THE SAFETY OF YOUR VEHICLE AND ITS CONTENTS AT ANY PARKING LOCATION PROVIDED TO YOU THROUGH USE OF THE SERVICES. WE ARE NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF YOUR VEHICLE OR ANY OF ITS CONTENTS OR FOR ANY PERSONAL INJURY IN ANY CIRCUMSTANCE, INCLUDING WEATHER, FIRE, OR ANY OTHER ACT OF GOD; MECHANICAL DEFECTS OR ACCIDENTS; OR CRIMINAL ACTIVITY OF ANY KIND, INCLUDING THEFT. YOU PARK AT YOUR OWN RISK AND WILL HAVE NO RECOURSE AGAINST US OR HAVE ANY CAUSE OF ACTION AGAINST US IN CONNECTION WITH ANY PARKING AT ANY PARKING LOCATION PROVIDED TO YOU THROUGH USE OF THE SERVICES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (1) $100 USD OR (2) THE AMOUNT YOU PAID TO GAMER GUARDIANS IN CONNECTION WITH YOUR USE OF THE SITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR FIRST CLAIM RELATED TO THE DISPUTE AROSE.
THE LIABILITY EXCLUSIONS AND LIMITATIONS IN THIS SECTION, OR ELSEWHERE IN THESE TERMS, APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THAT BEING SAID, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE LIMITATIONS OR EXCLUSIONS IN THESE TERMS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY DAMAGES OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. HOWEVER, YOU AGREE THAT LIMITATIONS OR EXCLUSIONS OF LIABILITY IN THESE TERMS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
You agree to defend, indemnify, save and hold harmless the Released Parties from and against all liabilities, claims, damages, and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of the Services, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any services you may have obtained on one of our Services (e.g., parking permits, transportation services, etc.).
We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.
Disputes & Arbitration
If there is any controversy, claim, action, or dispute between you and Gamer Guardians arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Gamer Guardians agree to resolve the Dispute through the dispute resolution procedures set forth in this section, even if that Dispute arose prior to the Effective Date of these Terms.
Informal Dispute Resolution
You and Gamer Guardians agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).
All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Gamer Guardians. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.
Dispute Notices shall be sent to:
To Gamer Guardians: You must send notice (1) by electronic mail to Max@GamerGuardians.com and (2) by first-class or certified mail to 4710 Seashore Dr B Newport Beach, CA 92663
To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.You and Gamer Guardians will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Gamer Guardians (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Gamer Guardians will participate in the Conference through one or more representatives, which may include our counsel.
Both you and Gamer Guardians agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.
Individual Arbitration
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND Gamer Guardians AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Gamer Guardians agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this section of the Terms or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Settlement Offers and Offers of Judgment.
At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.
Exceptions
Notwithstanding any other provision of this section, you or Gamer Guardians may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as the action is brought and maintained on an individual basis). In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
Survival
This arbitration agreement will survive the termination of your relationship with Gamer Guardians, including any revocation of consent or other action by you to end your engagement with or use of the Services or any communication with us.
Governing Law & Jurisdiction
These Terms have been made in and shall be construed in accordance laws of the United States and the State of California, notwithstanding any principles of conflicts of law that would cause the law of any other jurisdiction to apply. Further, you and Gamer Guardians agree that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act governs any arbitration conducted pursuant to these Terms.
Except for a dispute properly lodged in a small claims court in the United States, if any Dispute is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Central District of California or a state court located in Orange County, California and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
Miscellaneous
Force Majeure
Gamer Guardians will not be held responsible for any delay or failure in performance to the extent that such delay is caused by events or circumstances beyond Gamer Guardians’s reasonable control.
No Waiver If Gamer Guardians does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Gamer Guardians has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Gamer Guardians’s rights, and all such rights or remedies shall still be available to Gamer Guardians.
C. Severability
If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
D. Entire Agreement
These Terms (which, for avoidance of doubt, includes all Additional Rules) set forth the entire understanding and agreement between us with respect to your use of the Services.
E. Interpretation
In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation.” Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Gamer Guardians, such decision or action shall be made, taken, or refrained from in Gamer Guardians’s sole discretion and judgment.F. Assignment
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
G. No Relationship
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Gamer Guardians.
H. Notice Regarding Apple.
If you download any of our Apps from Apple, Inc’s (“Apple”) App Store, or if you are using an App on an iOS device, you acknowledge that you have read, understand, and agree to the following terms and conditions:
These Terms are between you and Gamer Guardians. Apple is not a party to these Terms and Apple is not responsible for the Apps or the content thereof. To the extent that you download an App on from the App Store or use an App on an iOS device, the license granted to you in the Ownership of the Services section of these Terms is (1) limited to a license to use the App on Apple-branded products you own or control and (2) subject to (a) the Usage Rules set forth in the App Store Terms of Service and (b) any applicable third-party terms.
Apple has no obligation to furnish any maintenance or support services with respect to the Apps. In the event of any failure of the App to conform to an applicable warranty (if any), you may notify Apple and Apple will refund the applicable purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
I. Notice to California Residents.
If you are a California resident, the following notices apply to you:
You may reach Gamer Guardians at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
With respect to any limitations or disclaimers of warranties or liability included in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
J. Admissibility
You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
K. Contacting Us
For answers to your questions or any other help required, you may contact us at Max@GamerGuardians.com.