Jump to content
Sign in to follow this  
elerik

Silly question about agreement

Recommended Posts

XIX. Governing Law/Venue.

This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Both Parties consent to personal jurisdiction, as well as the exclusive venue for any claim regarding or arising out of this Agreement in the state or federal court located in Clark County, Nevada.

 

 

----------

Why Nevada ? Isnt that just Las Vegas and few villages ... and may be Area 51 somewhere around ? :D 

Share this post


Link to post
Share on other sites

I always read all the agreements 4 times after seeing that one south park episode.

 

Oh boy, they are not going to put me in one of those human centipides!

Share this post


Link to post
Share on other sites

Think Nevada has weird business laws. If you don`t agree, they will have a ditch for you in the desert B)  FUG GET A BOUTIT!!!!!!!!!!!!!

Share this post


Link to post
Share on other sites

I don't see XIX in the User Agreement? 

 

 

I. Introduction

Please read this Agreement carefully before using the Squad Tier Purchase (the “Tier Purchase System”). This is a legally binding agreement (the “Agreement”) between you (“you”) and Offworld Industries LTD (“Offworld Industries”). By using the Tier Purchase System, you hereby ACCEPT AND AGREE to all of the terms and conditions set forth in this Agreement. Checking the Agreement checkbox is the equivalent of signing this contract and makes it legally binding.

 

II. Purpose of Purchase

The sole purpose of this Paypal gateway is to provide you a means to pre purchase a copy of the Squad “Rifleman Tier package“ OR Squad “Squad Leader Tier package“ OR Upgrade from a “Rifleman Tier package“ to a “Squad Leader Tier package“

You must select one of these 3 options to proceed. There are no other options or purposes for this Paypal payment gateway.

 

III. Capacity to Contract and Consideration.

A. If you are an individual, you warrant you have valid legal capacity to enter into and perform your obligations under this Agreement. If you are a representative of a company or entity, you warrant you have the requisite power and authority to enter into this Agreement on behalf of the company or entity.

B.We do not accept donations by individuals under 18 years old, even if the product's use is permitted or intended for people younger than 18. If you are under 18 you may only use the Offworld Industries Tier Purchase System with the involvement of a parent or guardian.

C. In exchange for your purchase through the Tier Purchase System, we will charge according to the amount you select. You should review your purchase amount carefully before completing the transaction.

 

IV. Access and Limited License

A. As a Purchaser, You are entitled to receive a Game Key to play Squad beginning at the time designated for the tier purchased in addition to any benefits or extras included in that tier.

B. Purchasing does not entitle you to any privileges in relation to equity ownership, securities of any kind or any specific intellectual rights, assets, test builds, forum access, preferential treatment from Offworld Industries. As a Purchaser, you are fully bound by our Forum Rules, Terms of Services and Disclaimer at all times.

 

V. Disclaimers of Warranties and Limitation of Liability

 

You acknowledge that:

 

A. Offworld Industries is not responsible for

1. the content, quality, integrity, performance or any other aspect of the information provided or transmitted by this service;

2. errors or problems related to transmission of data;

3. any damages, consequential or incidental, arising out of use of this service.

 

B. You acknowledge and agree we have no obligation, liability or responsibility to you or any other party. Under no circumstances shall we have any obligation to refund any monies. At our discretion we may provide refunds and will always try to reach reasonable agreement with the purchaser.

C. Offworld Industries and its suppliers make no warranties of any kind, express or implied, in connection with this Tier Purchase System. We make no warranties of non-infringement, accuracy or completeness or any other warranties concerning the information accessible through our System. This Tier Purchase System is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you, the Purchaser. There is no warranty that any information, our efforts, or the Tier Purchase System meets any standards of merchantability or will fulfill any of particular purposes or needs even if we have been notified of your purposes or needs.

D. Offworld Industries makes no warranty of ability to deliver timely or accurate services.

 

VI. Indemnification

The Purchaser will hold harmless and indemnify Offworld Industries against any and all claims and actions arising out of the participation of Offworld Industries in relation to the Tier Purchase System, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from Offworld Industries' participation in the Tier Purchase System, subject to the limits on indemnification described in the section titled Exceptions to Indemnification. Where prohibited by law, the above indemnification does not include indemnification of Offworld Industries against a claim caused by the negligence or fault of Offworld Industries, its agent or employee, or any third party under the control or supervision of Offworld Industries, other than the Purchaser or its agent, employee or subcontractors.

 

VII. Exceptions to Indemnification

A. The Indemnitee Offworld Industries will not be entitled to indemnification from the Purchaser for any Expenses, judgments, fines, settlements and other amounts incurred as the result of the Offworld Industries' participation in the Transaction where:

1. in the case of a civil claim, the Offworld Industries did not act in good faith and in a reasonable manner;

2. the claim or action is of a criminal nature;

3. the actions or conduct of the Offworld Industries constituted willful misconduct or was knowingly fraudulent or deliberately dishonest;

5. an action or proceeding was initiated in whole or in part by Offworld Industries whether alone or along with one or more other claimants unless the action or proceeding has the written consent of the Purchaser.


 

VIII. Damages and Relief

You acknowledge your breach of any provision of Section IV (Access and Limited License) of this Agreement by you will constitute immediate and irreparable damage to Offworld Industries, which cannot be adequately compensated solely by money damages, and will warrant preliminary and other injunctive or equitable relief in addition to money damages. You also consent to the issuance of such equitable relief and agree no bond or other security shall be required for Offworld Industries to obtain any such equitable relief. This provision does not limit any other enforcement actions or remedies which may be available for breach of any provision of this Agreement.

 

IX. Modification Clause

Offworld Industries reserves the right to change this Agreement at any time. Minor changes will become effective immediately as will any changes required by law but any other material changes to this Agreement will become effective ten (10) days after the latest version of the Agreement is posted on the Site or notified to you by email.

 

X. Construction of this Agreement

A. The terms and conditions included or incorporated by reference in this Agreement constitute the entire Agreement between the parties on the subjects covered by this Agreement.

B. Any failure by Offworld Industries to exercise any right or remedy under these terms of use or at law does not constitute a waiver of any rights, remedies and obligations under this Agreement are cumulative. The exercise of any rights and remedies under this Agreement or any other Agreement shall not preclude or waive the right to exercise any and all other rights and remedies. A failure of a party, intentional or otherwise, to exercise in any instance any right under this Agreement or any other Agreement  rights related to any other instance. Any waiver of rights by Offworld Industries must be made in a signed writing by an authorized agent.

C. Severability and Substitution - If any part of this Agreement is determined to be invalid or unenforceable, including but not limited to, the warranty disclaimer and liability limitations, the remainder of the Agreement shall continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

XI. Independent Investigation

You acknowledge that you have read this Agreement and freely and voluntarily agree to all its terms and conditions without modification. You have independently evaluated the desirability of entering into this Agreement and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

 

XII. Assignment. You may not transfer or assign this Agreement (whether voluntarily, by operation of law, or otherwise) or any rights conferred by this Agreement without Offworld Industries’s prior written consent. Offworld Industries may assign this Agreement at any time without notice. This Agreement is binding upon and will inure to the benefit of both parties, and their respective successors and permitted assigns.

 

XIII. Governing Law and Venue.

This Agreement shall be governed by the laws of the Province of British Columbia, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. You consent and agree that the courts of the Province of British Columbia, Canada shall have jurisdiction over any legal action or proceeding brought by You arising out of or relating to this Agreement, and You consent to the jurisdiction of such courts for any such action or proceeding.

 

XIV. Complete Agreement

Except as expressly provided herein to the contrary, this agreement contains a complete expression of the agreement between the parties, and there are no promises, representations of inducements except as are herein provided.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×