RESPAWN - SPECIFIC TERMS OF SALELast modified: 6 June 2019
- 1. SCOPE
These terms of sale (“Respawn Terms of Sale”) apply to and govern all offers, sales and purchases of any “Respawn” or “Respawn by Razer” products, drink mixes, shaker cups, bottles or related products and accessories offered (collectively to be referred to as “Respawn Products”) through the Webstore. Please read these Respawn Terms of Sale carefully. By making an offer to purchase any Respawn Product, you accept and agree to these Respawn Terms of Sale and any amendments to these Respawn Terms of Sale from time to time. If you do not accept and agree to these Respawn Terms of Sale, you should immediately cancel any offer to purchase the Respawn Product. Nothing in these Respawn Terms of Sale shall prejudice or limit rights granted by applicable mandatory laws.
The terms and conditions in the Razer Terms of Sales (at https://www.razer.com/legal/terms-of-sale) and Terms and Conditions to Razer.com Website (at https://www.razer.com/legal/general-terms-of-use) (collectively “Main Terms of Sale”) shall, to the extent supplemented and/or amended by these Respawn Terms of Sale, be incorporated herein by this reference, and collectively, these Respawn Terms of Sale and the Main Terms of Sale constitute the entire agreement in relation to the purchase of the Respawn Products. In the event of any inconsistency between the Main Terms of Sale and these Respawn Terms of Sale, these Respawn Terms of Sale shall prevail. Capitalized terms not otherwise defined herein shall bear the meaning assigned to them in the Main Terms of Sale.
- 2. RETURNS/REFUNDS POLICY
For information about the applicable returns/refunds policy for the Respawn Products, please visit Respawn Returns/Refunds Policy. For clarity, unless expressly provided otherwise therein, the policy shall apply to the Respawn Products, in lieu of the warranty and returns/refunds policies or provisions applicable to Razer products referred to in the Main Terms of Sale.
- 3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
Unless expressly provided otherwise in the Returns/Refunds Policy and/or these Respawn Terms of Sale, all Respawn Products are supplied to you on an “as is,” “where is,” and “where available” basis. Razer makes no representations or warranties of any kind, express or implied, as to the Respawn Products. Razer expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to the Respawn Products, including warranties of merchantability, quality, title, and fitness for a particular purpose.
The foregoing limitations will apply even if any warranty or remedy provided under these Respawn Terms of Sale fails its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if the Products infringe or are alleged to infringe any rights (including intellectual property rights) of any third party.
BY MAKING AN OFFER TO PURCHASE ANY RESPAWN PRODUCT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“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.”
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY RESPAWN PRODUCT OR THESE RESPAWN TERMS OF SALE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THIS PROVISION IS NOT APPLICABLE IN NEW JERSEY.
- 4. DISPUTES; ARBITRATION; CLASS ACTIONS; JURY TRIAL
These Respawn Terms of Sale are governed by the laws of the State of California without giving effect to the principles of conflicts or choice of laws, except that the Federal Arbitration Act will apply as described below. By making an offer to purchase any Respawn Product, you unconditionally consent and agree that:
any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have arising out of, relating to, or connected in any way with any Respawn Product or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, except that either party may bring any applicable claim in small claims court.
this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
the arbitration shall be held in Los Angeles, California.
the arbitrator’s decision shall be controlled by the terms and conditions of these Respawn Terms of Sale, Main Terms of Sale and any of the other agreements referenced herein that the applicable customer may have entered into in connection with the Webstore and/or the Respawn Product.
the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Razer or Respawn entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
the arbitrator shall not have the power to award punitive damages.
if the administrative fees and deposits that must be paid to initiate arbitration against Razer exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Razer agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Razer will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
with the exception of subpart (F) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (F) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Razer shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com