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.
In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration. Because your contract with Loot Crate, the Terms of Service, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party.
Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of California in New York county, for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of this Site, your user account and/or any website content and you hereby waive any defenses such as lack of personal jurisdiction or forum non conveniens . These Terms of Service shall be construed and enforced in accordance with the law of the State of California, and without regard to the choice of law principles thereof. Location of Arbitration: You may initiate arbitration in either Los Angeles, CA, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Loot Crate initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. Payment of Arbitration Fees and Costs: Loot Crate will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loot Crate as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Loot Crate your actual and reasonable attorney’s fees and costs as determined by the arbitrator. Disputes with other Users: If you have a dispute with one or more users, you release Loot Crate™ and from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Loot Crate specifically agree to do so following initiation of the arbitration. Neither you, nor any other Member of Loot Crate and/or user of Loot Crate services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Loot Crate are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Loot Crate might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law. Small Claims Court: As an alternative to arbitration, you may bring a claim against Loot Crate in a small claims court of competent jurisdiction. Such a claim may be brought in your name only, and not as a class action, representative action, consolidated action or private attorney general action. No small claims court or other court shall have the right to consolidate multiple parties’ claims or award relief to any person who is not a direct party to such small claims court proceeding. This Arbitration Agreement shall survive the termination of your contract with Loot Crate and your use of Loot Crate services.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable. We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States.
If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.