Welcome to GreenThrottleStore, the website and online store of Green Throttle Games, Inc. (“Green Throttle”) located at www.greenthrottlestore.com (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and our online store to buy our products, our customer support services including warranty and repair services, and our user forums which are operated by Green Throttle. To make these Terms easier to read, the Site and our services are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Green Throttle and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site. We’ll create your Account from certain personal information such as your name, user name, and email address that you provide to us. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Purchasing from Green Throttle
Making a Purchase
You can purchase Green Throttle controllers and accessories such as dongles or cables via the Services. Items can be viewed on the Site with a picture, a corresponding description including the price, and shipping options. You may add the items you wish to purchase to your cart, adjust the quantity of each item you wish to purchase, and either continue shopping or click the “Checkout” button when you are ready to complete your purchase. During the checkout process you will be asked for your billing and shipping information. You may also apply a coupon code or gift card code to your order if you have one. Please ensure the information is accurate before you submit your order. You may estimate the shipping cost when you view your cart by clicking the “My Cart” link on the Site. Then click the “Go to Shopping Cart” link. From there you can enter your shipping address in the “Estimate Shipping and Tax” box and then click “Get a Quote” to get an estimate of the shipping options and their respective costs. All orders placed are subject to sales and other applicable taxes. We accept Visa, MasterCard, Discover, American Express, and PayPal for payment. Orders placed before 10:00 am Pacific Time for in stock items will ship the same day, and orders placed after 10:00 am will ship the next business day.
If you wish to cancel or change an order after you have placed an order you must contact Green Throttle customer support. Changes or cancellations requested after 10:00 am Pacific on the day the order is scheduled to ship is subject to a restocking fee of 15% of the cost of the item. You may return undamaged open items or unopened items within 30 days of the original ship date of the item in question. Returned items are to a restocking fee of 15% of the cost of the item. All returns must be submitted with a valid RMA number. Contact Green Throttle customer support to obtain a valid RMA number.
Title; Risk of Loss
The title and risk of loss for all products purchased by you and shipped passes to you upon Green Throttle’s release of the product(s) to the designated carrier for shipment to you. Nevertheless, Green Throttle may, in its sole discretion, reimburse you directly in the event that a product is released by Green Throttle to the designated carrier but never received by you.
All information that you provide in connection with a purchase through the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase at the prices in effect when such charges are incurred. You will pay the applicable taxes, if any, relating to such purchases.
Limited Product and Accessory Warranty
Green Throttle controllers come with a ninety (90) day limited warranty from the original ship date of the controller to you for repair or replacement of the controller including parts and labor.
Accessories including cables, dongles and power adapters come with a thirty (30) day limited warranty from the original ship date of the accessories to you for repair or replacement of the applicable accessory including parts and labor.
The warranties for products and accessories specifically exclude and do not cover cosmetic damage such as scratches, cracks, nicks, and normal wear and tear. We require a copy of the original receipt when you request a warranty repair or replacement. You will also need to request a valid RMA number from Green Throttle customer support prior to returning any product, and we cannot accept returns without a valid RMA number. You are responsible for shipping to Green Throttle for warranty service or product returns. If you wish to have an item that is out of warranty repaired please contact Green Throttle customer support. Repairs for items out of warranty are charged $25 per hour for labor plus additional charges for parts. For more information on how to request a warranty repair/replacement please visit our Warranty Support Page: https://greenthrottlestore.zendesk.com/entries/22075498-warranty-information-repair-replacement
Upon receipt of your return package, Green Throttle will promptly inspect the package to determine if you have complied with the return policies set forth herein. If the return is complete and in accordance with the terms of the Limited Product and Accessory Warranty, Green Throttle will either (a) replace the product with a product of the same description as the one being returned or (b) refund the purchase price of the product and the applicable shipping and handling charges for the product to you. Please note that due to the nature of our business, in which our product lines are frequently changing, we may not always be able to offer you a replacement. In those instances where Green Throttle does not have a replacement product in our inventory, we will automatically credit your credit/debit card. If your return is not in accordance with the Limited Product and Service Warranty, we reserve the right to reject the return and to send the product back to you.
This Limited Product and Accessory Warranty states the sole and exclusive warranty of Green Throttle (except as may otherwise be required by law) regarding products purchased by you via the Services. This Limited Product and Accessory Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] If you provide us any Feedback, you agree that we may use, copy, modify, create derivative works of and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users of the Site or Services (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Green Throttle does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Green Throttle and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through the Services you hereby grant to Green Throttle a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Green Throttle on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Green Throttle
Subject to your compliance with these Terms, Green Throttle grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Community Guidelines and Green Throttle’s Enforcement Rights
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with our Community Guidelines as follows.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any intellectual property rights or rights of privacy.
You agree to refrain from the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Services than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Green Throttle grants the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Services.
If you use the Services in a manner that is inconsistent with our Community Guidelines we might have to suspend or terminate your Account or your use of the Services.
Green Throttle’s Enforcement Rights
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms or our Community Guidelines. We have the right to investigate violations of these Terms or our or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements.
While we do our best to monitor the Services for violations of our Community Guidelines, we may not be able to remove offensive Content quickly enough to prevent you from being exposed to it. We encourage users of the Site and Services to report violations of the Community Guidelines to our moderators and community managers. We make no warranty that the Services will be free from offensive Content. Your access of the Services, including and especially the user forums, is at your own risk.
Green Throttle respects copyright law and expects its users to do the same. It is Green Throttle’s policy to terminate in appropriate circumstances Account holders or subscribers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Green Throttle’s Copyright and IP Policy at http://go.greenthrottle.com/dmca/ for further information.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected] Upon any termination, discontinuation or cancellation of Services or your Account, the provisions of these Terms which will survive are the sections titled Content and Content Rights, Content Ownership, Responsibility and Removal, Community Guidelines and Green Throttle’s Enforcement Rights, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms. Any orders placed but not shipped by Green Throttle at the time of termination may be cancelled by Green Throttle. If your order has already shipped at the time of termination then the order will be fulfilled.
SUBJECT TO THE LIMITED PRODUCT WARRANTY AND ACCESSORY WARRANTY DESCRIBED IN THESE TERMS, The Services, PRODUCTS and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or products purchased will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Please note that some jurisdictions may not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Check your local laws for any restrictions regarding the limitation of implied warranties.
You will indemnify and hold harmless Green Throttle and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
SUBJECT TO THE LIMITED PRODUCT WARRANTY AND ACCESSORY WARRANTY DESCRIBED IN THESE TERMS, NEITHER Green Throttle NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the ServiceS, CONTENT, OR PRODUCTS whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not GREEN THROTTLE has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Please note that some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the limitation or exclusion of such damages.
SUBJECT TO THE limited PRODUCT WARRANTY AND ACCESSORY WARRANTY DESCRIBED IN THESE TERMS, In no event will Green Throttle’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS, content or products EXCEED THE AMOUNTS YOU HAVE PAID TO GREEN THROTTLE FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GREEN THROTTLE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GREEN THROTTLE AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Green Throttle agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Green Throttle are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Green Throttle otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Green Throttle otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Green Throttle submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Green Throttle will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Green Throttle will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if Green Throttle changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.greenthrottle.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Green Throttle’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Green Throttle in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Green Throttle and you regarding the Services and Content and purchase of product from Green Throttle, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Green Throttle and you regarding the Services and Content and purchase of product from Green Throttle. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Green Throttle’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Green Throttle may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Green Throttle under these Terms, including those regarding modifications to these Terms, will be given by Green Throttle: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Green Throttle’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Green Throttle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Green Throttle at Green Throttle Games Inc., 2933 Bunker Hill Lane, Suite 100, Santa Clara, CA 95054, 877-980-7529, [email protected]
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