Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you. Neither Loot Crate™ nor its celebrity spokespersons shall be liable for any indirect, punitive, incidental, special, exemplary, or consequential damages or attorney's fees or costs, that result from the use of, or the inability to use, the site or materials on or provided through the site, even if Loot Crate™ has been advised of the possibility of such damages, and even if a remedy set forth in these Terms of Service is found to have failed its essential purpose. In no event will Loot Crate's™ liability to you exceed the amounts that you paid to Loot Crate™ in connection with your Loot Crate™ membership or other purchases made on the Site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. While Loot Crate™ takes precautions against security breaches, no website or internet transmission is completely secure, and as such, Loot Crate™ shall not be liable for any damages whatsoever that may result from unauthorized access, hacking, data loss, or other breaches that may occur on the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Loot Crate™ shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Loot Crate™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Loot Crate™ shall immediately issue a credit to your credit card account in the amount of the charge. Loot Crate™ has no liability for injury or damage caused by products within the crate. Such liability is the sole responsibility of the product brand or manufacturer. These Terms are applicable to you upon your accessing the Site.
These Terms, or any part of them, may be modified or terminated by Loot Crate™ without notice at any time, for any reason. Loot Crate™ reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Loot Crate. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. It provides that all disputes between you and Loot Crate shall be resolved by binding arbitration. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees, if otherwise authorized by applicable law). For the purpose of this Arbitration Agreement, "Loot Crate" means The Loot Company LLC and Loot Crate, Inc. and their respective parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Loot Crate regarding any aspect of your relationship with Loot Crate, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT. Pre-Arbitration Dispute Resolution: For all Disputes, whether pursued in court or arbitration, you must first give Loot Crate an opportunity to resolve the Dispute. You must commence this process by mailing written notification to The Loot Company LLC. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Loot Crate does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below. You must initiate any Dispute within one (1) year after such the basis for your Dispute arose, regardless of any statute or law to the contrary.
In the event that you do not initiate your Dispute within such one (1) year period, such Dispute shall be time-barred.
For arbitration before the AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply.