Terms of service

ARCADE1UP! INC. WEBSITE TERMS OF USE

Last updated: 05/14/2026

Basic Fun, Inc. d/b/a Arcade1Up, on behalf of its Arcade1Up business and any applicable Arcade1Up affiliates (collectively, “Arcade1Up,” “we,” “our,” or “us”), makes our website (www.arcade1up.com), mobile or web-based applications, digital services, warranty claim tools, customer support features, and any related features, content, tools, downloads, and services that link to or reference these Terms of Use (collectively, the “Site”) available to available to you (“User”, “you”, or “your”). These Terms of Use (this “Agreement”) govern your access to and use of the Site, including browsing the Site and submitting warranty claims and using customer support services through the Site.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SITE, ACCESSING ANY INFORMATION FROM THIS SITE, BENEFITTING FROM THE SITE, POSTING OR DOWNLOADING ANY INFORMATION TO OR FROM THE SITE, OR MANIFESTING YOUR ASSENT TO THIS AGREEMENT IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THIS AGREEMENT. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THIS AGREEMENT, YOU MAY NOT USE OR OTHERWISE ACCESS, BENEFIT FROM, POST, OR DOWNLOAD ANY INFORMATION TO OR FROM THE SITE.

1.     REGISTRATION, ACCOUNT, AND COMMUNICATION PREFERENCES

1.1. Eligibility. THE SITE IS INTENDED FOR USE BY ADULTS, INCLUDING PARENTS, GUARDIANS, AND OTHER ADULT CONSUMERS. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO CREATE AN ACCOUNT, SUBMIT INFORMATION THROUGH THE SITE, OR OTHERWISE ENGAGE IN ANY INTERACTIVE FEATURES OF THE SITE. THE SITE IS NOT DIRECTED TO CHILDREN, AND CHILDREN SHOULD USE THE SITE ONLY WITH THE INVOLVEMENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO PERMITS YOUR MINOR CHILD TO ACCESS THE SITE, YOU ARE RESPONSIBLE FOR YOUR CHILD’S USE OF THE SITE AND COMPLIANCE WITH THIS AGREEMENT.

1.2. Not Directed to Children. Although the Site may contain information about toys, child development, age ranges, and product safety, the Site is intended for use by adults and is not directed to children. References to children’s products or developmental information are provided to assist parents, guardians, gift-givers, and other adult consumers.

1.3. Accounts[P1] . To access and use certain areas or features of the Site, including warranty claim and customer support tools, you may need to register for an online account or provide information through the Site. By creating an account, you agree to: (a) provide accurate, current, and complete registration, security request, account, product, and warranty claim information; (b) maintain and promptly update, as necessary, your account information; (c) maintain the security of your account credentials; (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf; and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue, or remedy suspected or actual fraud and abuse, including without limitation termination or suspension of your account.

1.4. Electronic Communications. By creating an account or communicating with us through the Site, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to that such communications be in writing.

1.5. Text Message and Push Communications. If you opt in, we may send you marketing or other business communications by SMS/text message or by push notification through the Site or your gaming cabinet. By opting in to receive marketing Text Messages, you provide your prior express written consent to receive recurring marketing or promotional Text Messages from us at the mobile number you provide when you opt in, including messages sent using an automatic telephone dialing system or an artificial or prerecorded voice, to the extent permitted by applicable law. You represent that you are the subscriber or authorized user of that mobile number. If you opt in to receive gaming cabinet push notifications, you represent that you are authorized to enroll the applicable cabinet. These communications may include cart reminder messages[P2] . Message frequency may vary. Consent is optional and is not a condition of purchase.

You may opt out at any time:

·       Text Messages: Reply STOP to any Text Message. For help, reply HELP or email customerservice@arcade1up.com.

 

·       Cabinet Push Notifications: Contact customer service at customerservice@arcade1up.com and provide your cabinet serial number.

Message and data rates may apply to text messages under your wireless plan. We are not responsible for carrier charges or other wireless fees incurred by you or anyone with access to your mobile device or number. Delivery of text messages depends on your wireless carrier, and we are not responsible for delayed or undelivered messages. Text message services are provided on an “AS IS” basis.

Information we collect in connection with text message services may include your mobile phone number, wireless carrier, and the date, time, and content of your messages. We may use that information in accordance with our Privacy Policy to provide requested services and communicate with you.

1.6. Warranty Claim Services. The Site may permit you to submit warranty claims, service requests, product registration information, proof of purchase, product photos, serial numbers, shipping information, and other materials in connection with an Arcade1Up product warranty or customer support request (collectively, “Warranty Submissions”). Warranty claim processing through the Site is offered as a convenience and is subject to any applicable limited warranty terms, eligibility requirements, and claim procedures made available with the product or on the Site. Submission of a warranty claim does not guarantee claim approval, product replacement, repair, reimbursement, or any other outcome. We may request additional information or documentation, reject incomplete submissions, and deny claims that are ineligible, inaccurate, fraudulent, abusive, unsupported by sufficient documentation, or otherwise not covered by the applicable limited warranty. We may suspend, reject, or close any warranty claim or support request that we reasonably believe is fraudulent, abusive, submitted in bad faith, duplicative, or intended to circumvent the terms of an applicable limited warranty.

2.     ACCESS AND USE OF OUR SITE

2.1. Access and Subscription. Access to the Site is provided free of charge. We reserve the right, at our sole discretion and at any time, either with or without notice, to make access to any part of the Site contingent upon you obtaining a valid subscription or otherwise paying a fee for such access.

2.2. Our Rights in and to Arcade1Up Materials. The Site, our systems, our databases, and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any technical or functional descriptions, requirements, plans, specifications, or reports, that are provided or used by us or any subcontractor engaged by us in connection with this Site or otherwise related to this Site, the designs of each of the foregoing, and any and all intellectual property rights in the foregoing (collectively, the “Arcade1Up Materials”) shall at all times remain the exclusive property of Arcade1Up and its third-party licensors. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license.

2.3. Grant of License. On the condition that you comply with all of your obligations under this Agreement and subject to additional terms of any third-party licenses applicable to our Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Site. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to our Site. Any use of our Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use our Site. You are not acquiring any rights in or to the Arcade1Up Materials other than a non-exclusive right to access and use this Site solely in accordance with the terms of this Agreement.

2.4. Modification. We may discontinue or alter any aspect of our Site, restrict the time our Site is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our Site without prior notice or liability to you. Your only remedy is to discontinue using our Site if you do not want a modification we make to our Site.

2.5. Removal of Access. Your access to our Site is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to our Site or any part thereof. Cause for such measures includes, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to our Site; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken with our sole discretion and without liability to you or any third party.

2.6. Defects and Availability. We use commercially reasonable efforts to maintain our Site, but we are not responsible for any defects or failures associated with our Site, any part thereof, or any damages (such as lost income, opportunities, or any other consequential or indirect damages) that may result from any such defects or failures. Our Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Site is provided over the Internet, so the quality and availability of our Site may be affected by factors outside of our control. Our Site is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Site. We do not represent, warrant, or guarantee that our Site will always be available or is completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Site being unavailable.

2.7. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Site in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Site is based; (3) use our Site or Arcade1Up IP to develop a competing service or products; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Site or take any other action that interferes with any other person’s use of our Site; (5) decrypt, transfer, create Internet links to our Site, or “frame” or “mirror” our Site on any other server or wireless or Internet-based device; (6) use or merge our Site or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Site; (8) use our Site for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Site; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Site for any reason; (11) access or attempt to access any other User’s account; (12) use any Arcade1Up IP made available through our Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce into our Site any virus, rogue program, Trojan horse, worm, or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Site; (14) introduce into our Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter our Site, Arcade1Up IP, or notices on our Site; (16) connect to or access any Arcade1Up computer system or network other than our Site; or (17) impersonate any other person or entity to use or gain access to our Site.

2.8. Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate this Agreement.

3.     CONTENT AND DATA ON OUR SITE

3.1. Arcade1Up Intellectual Property. As between you and us, we exclusively own all right, title, and interest in and to Arcade1Up Materials, Feedback, and, without limitation, all ideas, inventions, inferences, discoveries, information, photos, videos, text, graphics, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos, and icons displayed or related therein or thereto, whether provided by us or third parties (collectively, “Arcade1Up IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Arcade1Up IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Arcade1Up IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm our right, title, and interest in the Arcade1Up IP. Arcade1Up is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Arcade1Up IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Site, which shall automatically terminate upon expiration or termination of this Agreement. Any unauthorized use of any Arcade1Up IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties. You understand and agree that our rights in any Arcade1Up IP are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Arcade1Up IP.

3.2. Informational Purposes. The Site may include information relating to child development, age-appropriateness, play patterns, and product safety. This information is provided solely for general informational and product-description purposes to assist parents, guardians, and other adult consumers, and does not constitute medical, developmental, behavioral, or safety advice. Product age grades, warnings, instructions, and other important information are provided on product packaging and labeling and should be reviewed carefully before purchase or use. You should exercise your independent judgment when selecting products for a child and consult a physician or other qualified professional where appropriate.

3.3. Third-Party Retail Sales. Arcade1Up products may be sold through third-party retailers, including online marketplaces such as Amazon. Unless expressly stated otherwise on the Site, Arcade1Up is not the seller of record, merchant of record, or payment processor for purchases made through any third-party retailer, and we do not process payments for such purchases through the Site. Any purchase of an Arcade1Up product from a third-party retailer is subject to that retailer’s terms, policies, pricing, order processing, shipping, returns, refunds, and customer service practices. We are not responsible for, and disclaim liability arising from, third-party retail transactions, except to the extent an applicable Arcade1Up limited warranty expressly applies.

3.4. Product Information; Packaging and Images. Product descriptions, specifications, features, colors, styles, availability, pricing, packaging, labeling, warnings, and other content on the Site may change at any time without notice. In addition, images, videos, and other product depictions are for illustrative purposes only and may vary from the actual product, including as to packaging, colors, artwork, included components, and retailer-specific or market-specific variations. Please review the actual product packaging, labels, warnings, instructions, and retailer information before purchase or use. Warranty coverage, claim procedures, and available remedies may vary by product, retailer, jurisdiction, and applicable written limited warranty.

3.5. Feedback. We welcome your comments, feedback, information, or materials regarding our Site or any of our services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish, and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.

3.6. Links; Third-Party Materials. Our Site may include links to other websites or resources on the Internet, or utilize content of third parties (collectively, “Third-Party Materials”). Because we have no control over Third-Party Materials or the administration of Third-Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, or resulting from your use of or reliance on any such Third-Party Materials available on or through any such website or resource. Pricing information displayed on our Site is sourced from the third-party websites to which we link. We make no representations or warranties regarding the accuracy or reliability of such pricing information and disclaim any liability arising from reliance on it. Users are solely responsible for confirming prices with the relevant third party.

3.7. Linking  to the Site; Use of Arcade1Up Brand Features.[P3]  Subject to this Agreement, you may link to the public, publicly accessible pages of the Site from your website, application, or social media account, provided that: (a) the link does not portray Arcade1Up or any of its products, services, or brands in a false, misleading, defamatory, or otherwise unlawful manner; (b) the link does not imply sponsorship, affiliation, endorsement, or approval by Arcade1Up where none exists; (c) the linking site or content does not violate applicable law or infringe the rights of any third party; and (d) you do not frame, inline-link, mirror, or otherwise display the Site or any portion of the Site in a manner that obscures the source of the content or presents Site content as your own. This limited permission does not include any right to use any Arcade1Up name, logo, trademark, service mark, trade dress, design element, or other brand feature (collectively, “Brand Features”) without our prior written consent, except to the limited extent nominative fair use is permitted under applicable law. We may revoke permission to link to the Site at any time in our discretion, including if we believe the link or its context creates confusion, misrepresents a relationship with Arcade1Up, or may harm Arcade1Up, its users, or its brands. If you would like to request permission to use any Brand Features or to propose a co-branded, promotional, or other special linking arrangement, please contact us using the information in Section 8.10.

4.     REPRESENTATIONS

4.1. Your Representations. You hereby represent and warrant that: (1) you are at least the age of 18 and have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to us is truthful, accurate, and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of our Site, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of our Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use, or any law or regulation to which you are subject; (6) if you submit a warranty claim or other support request, all information and materials you provide in connection with that request, including proof of purchase, product condition information, serial numbers, photos, videos, shipping details, and descriptions of alleged defects, are truthful, accurate, complete, and submitted by a person authorized to make the request; and (7) you will not use our Site in order to gain competitive intelligence about us, our Site, or any service offered via our Site or to otherwise compete with us.

4.2. Feedback Representations. In the event you provide any Feedback via our Site, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy, or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.

5.     DISCLAIMERS OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT OUR SITE (INCLUDING THE ARCADE1UP MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE, DELIVERY, OR DISCLOSURE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY INFORMATION OR CONTENT FOUND ON OUR SITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SITE WILL BE CORRECTED, THAT OUR SITE AND ANY CONTENT OR INFORMATION FOUND ON OUR SITE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS. WE WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.

ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY WARRANTY, GUARANTEE, CONDITION, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WHERE SUCH RIGHTS APPLY, ALL DISCLAIMERS IN THIS AGREEMENT ARE SUBJECT TO THOSE RIGHTS.

NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR MODIFY ANY WRITTEN LIMITED WARRANTY THAT EXPRESSLY APPLIES TO AN ARCADE1UP PRODUCT. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND AN APPLICABLE WRITTEN LIMITED WARRANTY, THE WRITTEN LIMITED WARRANTY WILL CONTROL SOLELY WITH RESPECT TO THAT PRODUCT WARRANTY.

6.     INDEMNITY; LIMITATION OF LIABILITY

6.1. Indemnity. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, You agree to defend, indemnify, and hold harmless US, OUR AFFILIATES, AND ALL OF THEIR officers, members, managers, employees, and agents (COLLECTIVELY, “RELEASED PARTIES”) from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (a) your use of our SITE, (b) your violation of this Agreement, (c) any USER FEEDBACK you provide through our SITE, (d) your violation of any law or the rights of any third party, and (e) your negligence or willful misconduct.

6.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SITE, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR SITE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD) OR, IF GREATER, THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW.

7.     DISPUTE RESOLUTION AND FORUM

7.1. Any dispute, claim or controversy arising out of or relating to your use of or access to our Site or Arcade1Up IP and Materials, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement (a “Dispute”) will take place in Florida, and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Palm Beach County, Florida, except to the extent applicable law provides that a Dispute may be brought in another forum and such right cannot be validly waived. You irrevocably submit and consent to the personal jurisdiction of such courts. To the maximum extent permitted by applicable law, you and Arcade1Up each waive any right to a jury trial in any Dispute.

7.2.  To the maximum extent permitted by applicable law, any Dispute between you and Arcade1Up will be conducted only on an individual basis, and neither party may bring claims against the other as a plaintiff or class member in any purported class or representative action or proceeding, including any mass arbitration, private attorney general action, or consolidated proceeding. No proceeding may be combined, consolidated, or joined with another proceeding without the prior written consent of all parties to the proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law.

7.3. If any portion of this Section Error! Reference source not found. is found to be invalid or unenforceable by a tribunal of competent jurisdiction, that portion shall be severed, and the remaining provisions shall remain in full force and effect.

7.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST FILE A COMPLAINT WITH A PERMITTED COURT WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT OR FACTS.

7.5. Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of Florida without reference to its conflicts or choice of law principles.

8.     MISCELLANEOUS

8.1. Consumer Rights; Applicable Law. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, statutory warranty, or other right or remedy that cannot be excluded, restricted, or modified under applicable law. To the extent any such non-waivable rights apply, this Agreement will be interpreted and enforced subject to those rights.

8.2. Term. This Agreement is effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate this Agreement at any time by immediately discontinuing all access to our Site. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third party for any termination or suspension of your access to our Site or any part thereof.

8.3. Independent Contractors. You understand and expressly agree that you and we are independent contractors and not agents or employees of the other party. Neither you nor we have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.

8.4. Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications, or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor we will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and wases, in order to be able to conduct business electronically.

8.5. Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

8.6. Entire Agreement. This Agreement and any hyperlinked policies, procedures, and supplemental terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update this Agreement from time to time and will post the updated Agreement to our Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of our Site will constitute your agreement to any new provisions within the revised Agreement.

8.7. Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.

8.8. Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.

8.9. Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

8.10.       Contact Us. If you have questions about this Agreement, please email us at customerservice@arcade1up.com.