Last Updated: April 10, 2020
This website is provided by Warrior Labs Inc., a Florida Corporation (“Jibarito Casino “,
“us” or “we”). These Terms of Service (these “Terms”), including the Privacy Policy
incorporated into these Terms by reference and any other applicable policies and
guidelines, as may be updated from time to time, govern your use of the Website and
Application or App. These Terms constitute a legal agreement between you and Warrior
Labs Inc. In order to use the Website you must agree to these Terms. All references to
“you” or “your,” as applicable, mean the person who accesses, uses, and/or participates
in the Website in any manner, and each of your heirs, assigns, and successors.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE
WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO
BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE
WEBSITE. THE COMPANY REQUIRES ALL USERS TO UNDERTAKE TO ABIDE BY
THE PRIVACY POLICY AND THESE TERMS & CONDITIONS.
THIS SERVICE IS INTENTED AND ONLY PROVIDED TO USERS WITHIN THE
UNITED STATES AND PUERTO RICO.
CHANGES. The Company may update and amend these Terms & Conditions at any
time and the Company will make the updated Terms & Conditions available through the
Services. You understand and agree that you will be deemed to have accepted the
updated Terms & Conditions if you use the Services after the updated Terms &
Conditions are made available to you. If at any point you do not agree to any part of the
Terms & Conditions in operation, you should immediately stop using the Services.
- You acknowledge and agree that the Company may make changes to, or stop
providing, the Websites and/or the Services, or restrict your use of the Websites
and/or the Services, at any time without notifying you in advance. - You are solely responsible for all data, SMS, mobile carrier, Internet and
telecommunications fees and charges incurred in connection with your use of the
Application, the Websites and/or the Services. - You acknowledge and agree that the Company can disable or deny you access
to the Application, the Websites and/or the Services, without notifying you in
advance, for any reason or no reason including, without limitation, for any
violation of these Terms & Conditions and/or if the Company suspects that you
have used any aspect of the Services to conduct any fraudulent or illegal activity.
If the Company disables your access to your account, you may be prevented
from accessing the Services, your account details or any materials contained in
your account.
SERVICE. Warrior Labs Inc. provides a web based sweepstakes service called “Jibarito
Casino.” Using this service users can play casino style games as they watch ads. This
service requires voluntary participation. This service is not to be used by any individuals
under 16 years old. Jibarito Casino also offers premium content and membership
services for purchase.
ACCOUNTS AND SECURITY. To access the Services, you must have an account. You
must maintain and are responsible for, the confidentiality of your login and password. If
requested, you must provide us with a form of identification to verify your identity. The
Services are open to everyone – subject to approval of an Website by the Company
according to these Terms & Conditions.
You may not use our Services if:
- You are under the age of 16 (Child)
- Not a U.S. or Puerto Rican Resident
CONDITIONS OF ADMISSION. You must agree to these Terms & Conditions in order
to use our Services. They govern your use of our Services. If you do not accept the
Privacy Policy and these Terms & Conditions, you are not entitled to access our
Services. By using our Services, you represent and warrant that you have the legal
capacity to enter a contract in the jurisdiction where you reside.
CONDITIONS OF ACCESS. - You shall select a username and a password when signing up to our Services.
- When you sign up, you will become a Member.
- Your username and the password shall be personal and confidential. Each
Member shall keep them confidential and undertakes not to notify or disclose
them to third parties or other Members to prevent fraud or phishing. - All Users undertake not to use another Member’s username or password, or any
other personal information of another User. - Each Member shall take care not to disclose strictly personal information.
- We will take any necessary measures to halt fraudulent behavior, including to
prevent the prohibited sharing of usernames or passwords. - We reserve the option of removing:
a) Information published or present on the Websites;
b) The account of a Member which has not been used for more than 6 months
after the end of a subscription or has never been used after admission to
Membership, after verification that no subscription is in progress. - Each User undertakes not to carry out any action likely to hinder the operation of
the Services and undertakes not to disseminate or arrange for the dissemination
of viruses, spam, logic bombs, software Websites, etc.
PAID FEATURES. You may purchase a paid Membership for one or more of the
products offered by the Company. Your paid Membership will only give you access to
the particular Company product for which you have registered. Although the Company
in its discretion may make your profile visible to the Users of one or more of its other
Services if you meet requirements, you will not be a Member of those other Services
without registering for it specifically. - The price and payment procedures are permanently accessible on the Websites.
- All prices stated include all relevant local taxes.
- We reserve the right to change the cost of any of our Services. If you are not
happy with the cost of any Services, you may cancel your Membership in
accordance with these Terms & Conditions. - To the extent permitted by applicable laws and regulations, no refunds will be
offered (except in exceptional circumstances such as major service failures).
There will be no refund of any payment made by you for a paid Membership if
you haven’t cancelled your contract according to these Terms & Conditions.
AUTOMATIC RENEWAL. We automatically renew all paid Memberships before the
expiry of the term of the paid Membership (where permitted by applicable law). When
you first subscribe for your paid Membership, you acknowledge that when your paid
Membership expires it will automatically renew for the duration and at the cost indicated
to you at your initial purchase. Where required by applicable law, the renewal date will
be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID
MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID
MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN
THESE TERMS & CONDITIONS.
CANCELLATION OF FREE MEMBERSHIP. You may cancel your free Membership at
any time. You may cancel by logging into your account on the Websites and following
the links, or by writing to Customer Care at [email protected].
CANCELLATION OF AUTOMATIC RENEWAL. THE CANCELLATION OF YOUR
PAID MEMBERSHIP WILL BE EFFECTIVE UPON THE EXPIRATION OF THE
RELEVANT PAID PERIOD. YOU WILL HAVE FULL USE OF OUR SERVICES UNTIL
THAT TIME. NO REFUND IS APPLICABLE UNLESS APPLICABLE LAW OR THESE
TERMS & CONDITIONS OTHERWISE PROVIDE.
CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY. If we cancel a
Member’s Membership for that Member’s breach of these Terms & Conditions, the
Member shall not be entitled to a refund for the period remaining to elapse until the
expiry of the account, without prejudice to any damages sought by us as compensation
for the loss suffered.
If we cancel a Member’s Membership in its sole discretion for reasons other than that
Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund
for the period remaining to elapse until the expiry of the account.
RULES FOR SWEEPSTAKES AND GAMES
Jibarito offers various games as part of the Company Services, including the following:
(1) Slots game; (2) Lottery Game; and (3) Scratchoff (collectively, “Games”).
ELIGIBILITY. The Games are open to: (1) persons who are legal residents of one of the
Fifty (50) United States, the District of Columbia, and Puerto Rico; (2) are at least
sixteen (16) years of age, or the age of legal majority to enter into contracts or
participate in games in the jurisdiction in which they reside at the time of entry; and (3)
are valid and authorized account holders of a Jibarito Account (“Eligible Person”).
DAILY PROMOTION PERIODS. Each Game offered through the App is offered on a
twenty-four (24) hour period starting at 12:00:01 AM (Pacific Time (PT)) and ending at
11:59:59 PM (PT) (each, a “Daily Promotion Period”). All time calculations are based on
local time in Florida.
NOTIFICATIONS. IF USER WINS ANY SWEEPSTAKES, THEY WILL BE NOTIFIED
BY EMAIL. THE USER WILL THEN HAVE SEVEN (7) DAYS TO REDEEM THEIR
PRIZE. IF THEY FAIL TO DO SO IT WILL BE FORFEITED.
NOT ELIGIBLE. Officers, directors, managers, and employees of Jibarito, and their
respective parent companies, subsidiaries, affiliates, suppliers, advertising and
promotional agencies, and immediate family members (herein defined as spouse,
siblings, children and each of their respective spouses, regardless of residence, and
any person living in such a person’s household, whether related or not), are not eligible
to participate.
“GAME MONEY”. By playing in Jibarito Games, Eligible Persons have an
opportunity to win virtual “Game Money”, which can be used to, in Jibarito’s sole
discretion, exchange with other virtual digital goods, or obtain discounts, offers or
other goods or services. ”Game Money” is not real money, and do not have
monetary value. Warrior Labs Inc. make no guarantee as to the nature, quality or
value of the features of any third-party good or services that will be accessible
through the use of “Game Money”, or the availability or supply of “Game Money”.
You have no property interest, right or title in or to any such “Game Money”. Any
“Game Money” balance shown in your account does not constitute a real-world
balance or reflect any stored value, but instead constitutes a measurement of the
extent of your license. Warrior Labs Inc. may, at any time, expire free or
promotional “Game Money” given to you. You agree that under no circumstances
is Warrior Labs Inc. liable to you for any damages or claims that may arise from
the loss or use of your “Game Money” regardless of the circumstances.
REDEEMING “GAME MONEY”. Warrior Labs Inc. will, in our sole discretion,
determine and communicate the availability and exchange rate for any “Game
Money”, which may be modified at any time. You may choose a Redeemed Good
that is still available for which you have accumulated sufficient “Game Money” for
redemption. Once “Game Money” have been lost or spent, they will be
subtracted from your account and cannot be refunded or returned, except in our
sole discretion. No “Game Money” will be re-credited to your account in the event
of a return or exchange of a Redeemed Good, or any problem with any
Redeemed Good
PAYOUTS. We are not responsible for lost or forfeited payouts attributed to
Player providing incorrect PayPal account information. Prizes will be processed
and remitted within seven (7) business days from the date in which a request for
Payout is made. Warrior Labs Inc. may delay or cancel any Payout for purposes
of preventing unlawful activity or fraud, risk assessment, security, or
investigation. Players may choose to redeem “Game Money” for cash. Once
Players accumulate the equivalent of at least Ten real Dollars ($5.00) in their
Account (the “Minimum Payout Threshold”), they can cash out using PayPal. Any
Players with less than the Minimum Payout Threshold will have their Prizes
stored in Winner’s Prize wallet (the “Winner’s Prize Wallet”) until they reach the
Minimum Payout Threshold in Prize winnings. Winners can have their Prize
payments sent to their PayPal account by providing Jibarito their email address
(account name).
TAXES. Prize Replacement: Winners whose aggregate Redeemed Goods
values exceed $600.00 in any calendar year is solely responsible for all
applicable federal, state and local taxes related thereto and will receive an IRS
Form 1099 for the value of all Redeemed Goods.
WARRIOR LABS INC., DECISIONS ARE FINAL AND BINDING AS TO ALL ASPECTS
OF THE GAMES. ANY INQUIRIES REGARDING THIS GAMES ARE TO BE
DIRECTED TO THEM.
LICENSE, RESTRICTIONS AND CONDITIONS OF USE. Subject to the terms and
conditions of this Agreement and for the sole purpose of using the Services, the
Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable,
non-transferable license to:
- Install any or all of the Mobile Application on one or more mobile devices which
are owned by you, are under your control and which meet the Company’s
minimum specifications; - Install any or all of the Desktop Application on one or more computers which are
owned by you, are under your control and which meet the Company’s minimum
specifications; and - View, review and utilize the Application and any related information provided to
you by the Company.
You agree not to access, or attempt to access, the Services by any means other than
through the Websites or the Application. You specifically agree not to access, or attempt
to access, the Services through any automated means (including, without limitation,
through the use of scripts, bots, unauthorized third party Applications, spiders or web
crawlers).
You agree that you will not, in connection with your use of the Application, the Websites
and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.
You shall not connect to or use the Application, the Websites and/or the Services in any
way that is not expressly permitted by these Terms & Conditions.
You may not: - Remove any proprietary notices from the Services or any copy of software
provided to you by the Company (“Software”); - Cause, permit or authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling or hacking of the
Application, the Services or any Software; - Make any false, misleading or deceptive statement or representation regarding
the Company and/or the Application, the Websites or the Services. - Engage in any activity that:
a) Infringes, misappropriates or violates a third party’s patent, copyright,
trademark, trade secret, moral rights or other intellectual property rights, or
rights of publicity or privacy;
b) Constitutes phishing, pharming or impersonates any other person or entity, or
steals or assumes any person’s identity (whether a real identity or online
nickname or alias); or
c) Is otherwise contrary to applicable laws and regulations; - Institute, assist, or become involved in any type of attack, including, without
limitation, denial of service attacks, upon the Application, the Websites and/or the
Services (or any servers, systems or networks connected to the Application, the
Websites and/or the Services); - Attempt to obstruct, disrupt or interfere with the operation of the Application, the
Websites and/or the Services or any other person’s or entity’s use of the
Application, the Websites and/or the Services (or any servers, systems or
networks connected to the Application, the Websites and/or the Services); - Attempt to gain unauthorized access to the Application, the Websites, the
Services, accounts registered to other Users, or any servers, systems or
networks connected to the Application, the Websites and/or the Services; - Use the Services to
a) Develop, generate, transmit or store information that is unlawful or illegal,
defamatory, harmful, abusive, hateful, racially or ethnically offensive that
encourages conduct that would be considered a criminal offence; or
b) Perform any unsolicited commercial communication not permitted by
applicable law.
c) Each User undertakes to report any abuses to the Company, as well as any
improper comments or conduct by other Users.
We conduct regular of the use of our Services from time to time, including for safety and
fraud protection purposes. We reserve the right to remove all or part of any content
created, used or circulated publically or privately by Users which is not compliant with
applicable laws or regulations, or which violates these Terms & Conditions.
We may contact any User to request that you remedy any non-compliance with
applicable laws or regulations, or these Terms & Conditions.
The Company may at its option, terminate its relationship with you, or may disable your
account immediately if it determines you are using the Services contrary to the
restrictions found in this Section or any other terms of these Terms & Conditions.
We may exclude any User from, or terminate any User’s access to, our Services in our
sole discretion for any reason, including, but not limited to, any non-compliance with
applicable laws or regulations or these Terms & Conditions. You acknowledge and
agree that you are solely responsible, and the Company has no responsibility or liability
to you or any other person or entity, for any breach by you of these Terms & Conditions
or for the consequences of any such breach.
FEEDBACK. Any Feedback you submit will be considered non-confidential and non-
proprietary to you. By submitting Feedback, you grant Warrior Labs Inc. a non-
exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use
and publish those ideas and materials for any purpose, without compensation to you.
LINKS TO OTHER WEBSITES. Our Services may contain links to other websites and
to resources provided by third parties (“Other Sites”). The Other Sites are linked to
provide information only and are solely for your convenience. The Company has no
control over, does not accept and assumes no responsibility for the content or products
or services of Other Sites and does not accept any responsibility for any loss or damage
that may arise from your use of them. If you choose to access Other Sites, you do so at
your own risk and on the terms and conditions and in accordance with the privacy policy
(if applicable) of the Other Sites. Our Services may also feature advertising by third
parties. By allowing third parties to advertise on our Services, the Company does not
make any representations or warranties in respect of or endorse the products or
services advertised.
INTELLECTUAL PROPERTY OWNERSHIP. The Website, and the media and
materials contained in the Website, including all intellectual property rights in the
Website, are the sole and exclusive property of Warrior Labs Inc. and its licensors.
Except for the limited license expressly granted by and to you under these Terms, no
other rights, licenses, or immunities are granted or shall be deemed to be granted under
these Terms, either expressly, or by implication, estoppel or otherwise. All rights not
expressly granted by Warrior Labs Inc. in these Terms are expressly reserved.
DISCLAIMER OF WARRANTIES. You understand and agree that your use of the
Application, the Websites and/or the Services is at your sole risk. The Application, the
Websites and the Services are provided on an “as is” and “as available” basis without
warranties or conditions of any kind, either express or implied (to the maximum extent
permitted by applicable law).
To the maximum extent permitted by applicable law, the Company expressly disclaims
all warranties and conditions including, without limitation, warranties and conditions of
satisfactory quality, merchantability, fitness for a particular purpose, non-infringement,
and those arising from course of dealing or usage of trade.
The Company makes no warranty as to the accuracy, completeness or reliability of any
materials, information or data available through, or the performance of, the Application,
the Websites and/or the Services.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, the Company expressly disclaims all warranties and conditions to the
maximum extent permitted by applicable law.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL , THE COMPANY, ITS SUBSIDIARIES OR
HOLDING COMPANY, ANY SUBSIDIARY OF ANY SUCH HOLDING COMPANY,
AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES,
AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, WHETHER
INDIVIDUALLY OR COLLECTIVELY (THE “RELATED PARTIES”), BE LIABLE TO
YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE
SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICES, EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
THE RELATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL ARISING OUT OF THE USE OF
THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OR TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT
THE LIMITATIONS IN THIS CLAUSE, THE RELATED PARTIES’ LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM
OR SUBSCRIPTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ALL CASES, THE RELATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY
LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You further understand and expressly agree that all rights under Section 1542 of the
Civil Code of California (“Section 1542”) and any similar law of any state or territory of
the United States and Puerto Rico that may be applicable with respect to the foregoing
release are hereby expressly and forever waived. You acknowledge that Section 1542
provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER
MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.” The releases hereunder are intended to apply to all claims not known or
suspected to exist with the intent of waiving the effect of laws requiring the intent to
release future unknown claims.
FORCE MAJEURE. For the purposes of this clause, “Force Majeure Event” means any
act or event beyond the reasonable control of the Company, including without limitation
strikes, lock-outs or other industrial action by third parties, civil commotion, riot,
invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster, or failure of public or private telecommunications
networks. In the event of a Force Majeure Event that results in Services being unable to
be provided for 14 days or more, either party may terminate this Agreement with
immediate effect upon written notice to the other and neither party will have the right to
claim compensation from the other. The Company will not be liable for any failure to
perform or any delay in performance of, any of its obligations under these Terms &
Conditions caused by a Force Majeure Event.
INDEMNIFICATION. You agree to, and you hereby, defend, indemnify, and hold the
Related Parties harmless from and against any and all claims, damages, losses, costs,
investigations, liabilities, judgments, fines, penalties, settlements, interest, and
expenses (including attorneys’ fees) that directly or indirectly arise from or are related to
any claim, suit, action, demand, or proceeding made or brought against any Related
Party, or on account of the investigation, defense, or settlement thereof, arising out of or
in connection with, whether occurring heretofore or hereafter:
- Any of your data posted or otherwise provided on the Services
- Your use of the Services and your activities in connection with the Services.
- Your breach or alleged breach of this Agreement or any additional terms
- Your violation or alleged violation of any laws, rules, regulations, codes, statutes,
ordinances, or orders of any governmental or quasi-governmental authorities in
connection with your use of the Services or your activities in connection with the
Services - Information or material transmitted through your computer or other devices, even
if not submitted by you, that infringes, violates, or misappropriates any copyright,
trademark, trade secret, trade dress, patent, publicity, privacy, or other right of
any person or entity - Any misrepresentation made by you; and the Related Parties’ use of the
information that you submit to us (including your Material) (all of the foregoing,
“Claims and Losses”).
You will cooperate as fully required by Related Parties in the defense of any Claims and
Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to
settle, compromise, and pay any and all Claims and Losses. Related Parties reserve
the right to assume the exclusive defense and control of any Claims and Losses. You
will not settle any Claims and Losses without, in each instance, the prior written consent
of an officer of a Related Party.
DISPUTE RESOLUTION; ARBITRATION. PLEASE READ THE FOLLOWING
SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN
DISPUTES AND CLAIMS WITH WARRIOR LABS INC. AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM US.
BINDING ARBITRATION. Except for any disputes, claims, suits, actions, causes of
action, demands or proceedings (collectively, “Disputes”) arising out of or related to a
violation of Disputes in which either party seeks to bring an individual action in small
claims court or seeks injunctive or other equitable relief for the alleged unlawful use of
intellectual property, including, without limitation, copyrights, trademarks, trade names,
logos, trade secrets or patents, you and Warrior Labs Inc. agree (a) to waive your and
Warrior Labs Inc.’s respective rights to have any and all Disputes arising from or related
to these Terms, or the Sites, Content or Services (including, without limitation, Third
Party Purchases), resolved in a court, and (b) to waive your and Warrior Labs Inc.’s
respective rights to a jury trial. Instead, you and Warrior Labs Inc. agree to arbitrate
Disputes through binding arbitration (which is the referral of a Dispute to one or more
persons charged with reviewing the Dispute and making a final and binding
determination to resolve it instead of having the Dispute decided by a judge or jury in
court).
NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
You and Warrior Labs Inc. agree that any Dispute arising out of or related to these
Terms or the Sites, Content or Services is personal to you and Warrior Labs Inc. and
that such Dispute will be resolved solely through individual arbitration and will not be
brought as a class arbitration, class action or any other type of representative
proceeding. You and Warrior Labs Inc. agree that there will be no class arbitration or
arbitration in which an individual attempts to resolve a Dispute as a representative of
another individual or group of individuals. Further, you and Warrior Labs Inc. agree that
a Dispute cannot be brought as a class or other type of representative action, whether
within or outside of arbitration, or on behalf of any other individual or group of
individuals.
FEDERAL ARBITRATION ACT. You and Warrior Labs Inc. agree that these Terms
affect interstate commerce and that the enforceability of this Section shall be both
substantively and procedurally governed by and construed and enforced in accordance
with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent
permitted by applicable law.
NOTICE; INFORMAL DISPUTE RESOLUTION. You and Warrior Labs Inc. agree that
each party will notify the other party in writing of any arbitrable or small claims Dispute
within thirty (30) days of the date it arises, so that the parties can attempt in good faith
to resolve the Dispute informally. Notice to Warrior Labs Inc. shall be sent by certified
mail or courier to:
Warrior Labs Inc.
6661 Taylor ST.
Hollywood, Florida 33024
Your notice must include (a) your name, postal address, telephone number, the email
address you use or used for your Warrior Labs Inc. account and, if different, an email
address at which you can be contacted, (b) a description in reasonable detail of the
nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice
to you will be sent electronically in accordance with this agreement and will include (x)
our name, postal address, telephone number and an email address at which we can be
contacted with respect to the Dispute, (y) a description in reasonable detail of the nature
or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Warrior
Labs Inc. cannot agree how to resolve the Dispute within thirty (30) days after the date
notice is received by the applicable party, then either you or Warrior Labs Inc. may, as
appropriate and in accordance with this Section, commence an arbitration proceeding
or, to the extent specifically provided for or, file a claim in court.
PROCESS. EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A
VIOLATION OF SECTION OR DISPUTES IN WHICH EITHER PARTY SEEKS TO
BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS
INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE
OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION,
COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR
PATENTS, YOU AND WARRIOR LABS INC. AGREE THAT ANY DISPUTE MUST BE
COMMENCED OR FILED BY YOU OR WARRIOR LABS INC. WITHIN ONE (1) YEAR
OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS
PERMANENTLY BARRED (WHICH MEANS THAT YOU AND WARRIOR LABS INC.
WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE
DISPUTE). You and Warrior Labs Inc. agree that (a) any arbitration will occur in the
State of Florida, (b) arbitration will be conducted confidentially by a single arbitrator in
accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”),
which are hereby incorporated by reference, and (c) that the state or federal courts of
the State of Florida and the United States, respectively, have exclusive jurisdiction over
any appeals and the enforcement of an arbitration award. You may also litigate a
Dispute in the small claims court located in the county of your billing address if the
Dispute meets the requirements to be heard in small claims court.
AUTHORITY OF ARBITRATOR. As limited by the FAA, these Terms and the
applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction
to make all procedural and substantive decisions regarding a Dispute, including the
determination of whether a Dispute is arbitrable, and (b) the authority to grant any
remedy that would otherwise be available in court; provided, however, that the arbitrator
does not have the authority to conduct a class arbitration or a representative action,
which is prohibited by these Terms. The arbitrator may only conduct an individual
arbitration and may not consolidate more than one individual’s claims, preside over any
type of class or representative proceeding or preside over any proceeding involving
more than one individual.
RULES OF JAMS. The rules of JAMS and additional information about JAMS are
available on the JAMS website. By agreeing to be bound by these Terms, you either (a)
acknowledge or agree that you have read and understand the rules of JAMS, or (b)
waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS
are unfair or should not apply for any reason.
OPT-OUT RIGHT. You have the right to opt out of binding arbitration within thirty (30)
days of the date you first accepted the terms of this Section by writing to: Warrior Labs
Inc., 6661 Taylor ST. Hollywood, Florida 33024 In order to be effective, the opt out
notice must include your full name and clearly indicate your intent to opt out of binding
arbitration.
WAIVER OF JURY TRIAL. With the exception of your agreement to waive any right to
a jury trial or to participate in a class action, if any other provision in this Section is held
to be illegal, invalid or unenforceable, such provision shall be fully severable, this
Section shall be construed and enforced as if such illegal, invalid or unenforceable
provision had never comprised a part of this section, and the remaining provisions of
this section shall remain in full force and effect. Furthermore, in lieu of such illegal,
invalid or unenforceable provision, there shall be added automatically as part of this
Section a legal, valid and enforceable provision as similar as possible to the former
provision.
ENTIRE AGREEMENT. These Terms & Conditions and the Privacy Policy contain the
entire Agreement between you and the Company. If any provision of this Agreement is
held by any competent court or authority to be invalid or unenforceable in whole or in
part, the validity of the other provisions of this Agreement and the remainder of the
affected provision shall be unaffected and shall remain in full force and effect.
WAIVER. No waiver by the Company of any breach of this Agreement shall be
considered as a waiver of any subsequent breach of the same provision or any other
provision.
ASSIGNMENT. The Company may assign its rights under these Terms & Conditions to
any person or entity without your consent. The rights granted to you under these Terms
& Conditions may not be assigned without the Company’s prior written consent, and any
attempted unauthorized assignment by you shall be null and void.
GOVERNING LAW AND VENUE. These Terms, your access to and use of the Sites
and your order, receipt and use of the Services shall be governed by and construed and
enforced in accordance with the laws of the State of Florida, without regard to conflict of
law rules or principles (whether of the State of Florida or any other jurisdiction) that
would cause the Website of the laws of any other jurisdiction. Any Dispute between the
parties that is not subject to arbitration or cannot be heard in small claims court, shall be
resolved in the state or federal courts of the State of Florida and the United States,
respectively, sitting in the State of Florida.