These Terms of Use (hereinafter the "Terms") constitute a legal agreement between you (“You” or “End User”) and Pro Gamersware GmbH (“Pro Gamersware”) for Pro Gamersware’s provision of all website features, services, information and other functions (collectively, the “Service”) and all products sold (“Products”) and the delivery of same, through endgamegear.com (the “Site”). If You use the Service, You accept and agree to be legally bound by these Terms. Please read them carefully. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE. Please note that the Service and Products on this site are intended for End Users in the United States. The minimum age to use the Services is eighteen (18) years old. If You are not a resident of the United States or under the age of eighteen (18) this Site is only made available for information.
We may change these Terms from time to time. If we do, we’ll provide notice of any changes, such as by posting the most recent version on our Services and updating the "Last Updated" date below. You can view the latest Terms any time by clicking the "Terms of Use" link at the bottom of the applicable webpage. We encourage you to check for updates regularly. Your continued use of the Services following any notice we provide will confirm that you have agreed to the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.
The provider of the Site, Services and Products is:
Grant of License And Restrictions
The Service may be used by You only for Your personal, non-commercial use as provided in these Terms. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, registered design, design right, copyright or other intellectual property right of Pro Gamersware. You are granted a personal, limited, non-transferable, non-exclusive license to access the Site and use, for non-commercial purposes only, the Service, provided that You do not, and do not allow any third party to:
Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the Site or any materials provided in the Service, including, but not limited to design and materials including all text, audio and audio-visual materials, artwork, graphics, code and/or software and all other copyrightable elements (the “Content”).
Disrupt or assist in the disruption of any Service server or any other user’s Service experience.
Use any meta tags or any other “hidden text” utilizing Pro Gamersware’s name or Marks.
Intimidate or harass other users of the Service.
Collect any information (including usernames and/or email addresses) about other users of the Service; create or transmit unwanted electronic communications to other users of the Service; or otherwise interfere with such users’ enjoyment of the Service.
Use the Service to send junk mail, spam, chain letters, or pyramid schemes.
Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment.
Use robots or similar tools for data mining, scraping or automated data submission or collection of this Site.
The grant of this limited license is conditioned upon Your agreement to and compliance with all of the foregoing Terms. Pro Gamersware reserves the right to add, modify, or delete any information on the Site and in the Service at any time. Pro Gamersware makes no representation or warranty as to the completeness or accuracy of the information contained on the Site and/or Service, nor does it represent or warrant that the Site and/or Service will be available at all times. Please note that the Products that are offered for Your purchase via the Service and Site are subject to availability. The information contained on the Site and in the Service may be incomplete, contain errors, or become out of date at any time. For example, prices listed for Products that are available for purchase are subject to change at any time and without notice to You. Products shown on the Site may not be available for purchase. Pro Gamersware makes no commitment and expressly disclaims any duty to update any of the content on the Site or in the Service. Registration; Customer Account
Some of our Services require or allow You to create an account with us, with a user ID and password. When registering for an account, You agree that You will (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update Your account information, (c) maintain the confidentiality and security of Your username and password, (c) accept all risks and responsibility associated with any authorized or unauthorized access to Your account, and (d) immediately notify Pro Gamersware if You discover or otherwise suspect any unauthorized use of Your account. Only one Customer Account is permitted per customer. Pro Gamersware is not obliged to accept registrations or to accept orders from registered Customers.
User ReviewsPurchasers and users of Pro Gamersware’s Products may submit reviews of and comments about such products through the Service or the Site (each , a “User Review” and collectively, the “User Reviews”). Please note that User Reviews must not: (a) infringe any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity; (b) contain any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; (c) violate any law or regulation; or (d) violate these Terms of Use or the Rules of Conduct (as set forth below). By way of example only, and not limited to the following, you agree you will not engage in the following activities on, in connection with or through the Site, Services, or User Reviews:
Transmit messages which are, in Pro Gamersware’s sole discretion, offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, threatening, sexually explicit, or otherwise objectionable.
Intimidate, bully, threaten or harass other users or moderators of the Service.
Post advertisements to sell goods or services.
Impersonate any real person, including without limitation an agent of Pro Gamersware, or otherwise communicate in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of Pro Gamersware.
Engage in or promote criminal activities or actions that aid such activities.
Engage in “trolling.”
Engage in spamming, double posting, cross-posting, and resurrecting old posts.
Hack the Site or Services or exploit any bugs in same.
(collectively, “Rules of Conduct”).
Pro Gamersware reserves the right to discipline any user of the Site in any manner it sees fit for a violation of the Rules of Conduct and to remove any User Review that violate the Rules of Conduct or Terms of Use. The above Rules of Conduct are not meant to be exhaustive, and Pro Gamersware reserves the right to modify the Rules of Conduct at any time.
All right, title, and interest, including copyright, in and to any User Reviews you create shall be owned by you, and you hereby irrevocably grant to Pro Gamersware a sub-licensable, free, unlimited, worldwide, non-exclusive, and perpetual license to use, modify, copy, create derivative works based on, distribute and display your User Reviews in connection with the Service, Site, our Products and otherwise, on an unrestricted basis and with no obligation or compensation to you.
Statements made by users in the User Reviews reflect only the view of their authors, and Pro Gamersware specifically disclaims any liability with regard to the User Reviews and any actions resulting from your submission of or reliance upon any User Reviews. Pro Gamersware is not responsible for information that you choose to communicate to other users via the User Reviews, or for the actions of other users.Pro Gamersware has no obligation to monitor User Reviews, but reserves the right to review User Reviews, to edit User Reviews for length, to remove profanity from User Reviews, and to remove any User Review that violate the Rules of Conduct or Terms of Use. If you see material on the Site, including User Reviews, that you believe violates these Terms of Use or the Rules of Conduct, please report it to us. Please note, however, that reporting the material will not necessarily mean that it will be removed from the Site.
Intellectual PropertyAll right, title and interest, including copyright, in the Service, Content and Pro Gamersware Products are owned byPro Gamersware, or its licensors or other respective owners. All rights reserved.
Pro Gamersware and certain related names and logos are registered and/or unregistered trademarks, service marks and/or trade names of Pro Gamersware. This and all other trademarks, service marks, and trade names (the “Marks”) are proprietary rights owned by Pro Gamersware or other respective owners that have granted Pro Gamersware the right and license to use such Marks.
If you are a copyright owner or an agent thereof and believe that any content or other material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, at the address below, with the following information in writing (see 17 U.S.C. §512(c) for further detail):
A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service, e.g., a web address(es) (URL(s)) that will directly lead to the material;
Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Agent: Henrike Rothe, [email protected]
Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
No ResaleWe provide the opportunity for You to purchase our Products via the Site and Service for Your own, personal use as an end user or to send to another end user as a gift. We do not authorize You to purchase our Products for commercial resale without the prior written approval of Pro Gamersware. By purchasing a Pro Gamersware Product via the Site and Service, You certify and agree that You are purchasing the Product only for Your own, personal use or as a gift to another end user, and not for resale. Shipment and Delivery
We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. All applicable freight, packing, insurance and other shipping-related costs and expenses will be noted on Your order screen before You make Your purchase. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to You.
You understand that all scheduled shipment dates and Estimated Shipment Dates are estimates only. We will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. We will notify You as required by law regarding delays in excess of certain time estimates as well as Your rights under such laws. If You purchase multiple Products, we may send You Your Products in instalments. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we are not able to charge Your payment method or You fail to pay for Your purchase, we have the right to delay or suspend shipment of the Products.
Your warranty claims and rights due to any transport or other damages are not affected by any of the above.
Prices and Taxes
The prices for the Products will be as specified during checkout and in Your Order Confirmation. Prices are stated in U.S. dollars with a separate subtotal for all sales tax for purchases made within the United States. You agree to pay the applicable sales tax relating to the Products you purchase from us. You are also responsible for any other taxes imposed upon you in connection with your purchase and use of the Product.
If Pro Gamersware is unable to deliver the ordered goods for any reason You will be informed immediately that the ordered product is not available. Payments already made by the Customer including taxes will be refunded immediately.
Customer-owned goods that remain in our warehouse due to a refusal to accept delivery or a failure of delivery, a performance claim or unauthorized dispatch will be charged with a storage fee of $1.50 per day from the 15th day of storage. As soon as the value of the goods or the 180th day of storage is reached, the goods become the property of Pro Gamersware without replacement for the Customer.Reservation of Ownership
The delivered goods remain the property of Pro Gamersware until they have been paid for in full.
Limited Warranty
Products purchased through the Site/Service for your personal use or as a gift to another End User are covered under our Limited Warranty.
Return Policy
You may return goods for any reason within 30 days upon Customer’s receipt of the delivery. Goods must be returned in the same or similar packaging as they were delivered with all the original parts, accessories and menu/documentation included.
Please ensure that the packaging is in a good condition and all previous addresses, tracking information and labels to prevent shipping confusion and possible errors are removed. If the goods or any of its main parts and components are received by Pro Gamersware in a poor condition due to Your poor/insufficient packaging or treatment of the goods, You may be subject to additional fees.All returns/exchanges are subject to a physical and visual inspection. Missing parts or accessories may result in a return being rejected, or a refund/replacement being dismissed or delayed. Missing parts and accessories costs will be deducted from the overall refund.
If an order gets cancelled by You for goods which already shipped out or couldn't be recalled by carrier, the respective refund will have the return shipping cost deducted from the total.
If goods that qualify for a return to Pro Gamersware in connection but are received in a condition which in Pro Gamersware’s sole discretion does not qualify for a full refund as is, Pro Gamersware will inform You via email about the issue via email. Pro Gamersware will offset the value of the restoration or compensation against the value of the refund.
Items valued over $100 MUST be returned with a TRACKABLE SHIPPING SERVICE. The Customer must provide the respective tracking number to help Pro Gamersware avoid delays in processing and refunding/exchanging Customer’s return.All returns should be addressed to:
Endgame Gear C/O LVLup Event Marketing
7820 Madison St.
Paramount, CA 90723
USA
Data Privacy
In the course of Your registration on [web address], and in the course of setting up a Customer Account, You will be asked to submit personal data. This is data is needed for the processing and execution of the order. We take data privacy very seriously. Our date privacy policy can be found here
BINDING ARBITRATION AND CLASS ACTION WAIVER FOR US RESIDENTS
We hope we never have a dispute, but if we do, You and Pro Gamersware agree to try for 60 days to resolve it informally. If we are unable to reach an agreement in that time, You and Pro Gamersware agree to a binding individual arbitration before the American Arbitration Association (“AAA”) and not to sue in court, except in the case that a claim qualifies for adjudication in small claims court in which case either party may opt to resolve the dispute in a claim in Small Claims Court located in Hampshire County, Massachusetts. If a claim does not qualify for determination by the small claims court, a single, neutral arbitrator will issue a final decision which will not be appealable except as allowed under applicable Federal Law. The neutral arbitrator shall be free to award costs to the prevailing party. Any parties, including witnesses and attorneys, not residing in the jurisdiction of the arbitration, which shall be held in Hampshire County, Massachusetts (or as close thereto as practicable) shall be permitted to appear telephonically or by such other audio/visual means as the parties shall agree to. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. NOR IS COMBINING PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES. Intellectual Property Dispute Exception. The foregoing Binding Arbitration Policy includes any claim or controversy arising out of Your use of the Service, Site or Products under any legal theory including contract, warranty, tort, statute, or regulation except disputes relating to the enforcement or validity of Pro Gamersware, Pro Gamersware’s affiliates or subsidiaries or licensees’ intellectual property rights.
Choice of law – these Terms and any dispute or controversy arising out of them shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, notwithstanding any conflicting conflicts of law provisions. You and Pro Gamersware agree to submit to the personal and exclusive jurisdiction of the courts located in Hampshire County, Massachusetts with respect to any and all disputes that are not subject to the binding arbitration policy found herein.
Disclaimer
THE SITE, SERVICE AND PRODUCTS ARE PROVIDED BY PRO GAMERSWARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND IN ACCORDANCE WITH THE TERMS OF THE LIMITED WARRANTY PRO GAMERSWARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PRO GAMERSWARE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON; (II) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (IV) THAT THE SITE AND/OR SERVICE, MATERIALS DOWNLOADED FROM THE SITE AND/OR SERVICE, PRO GAMERSWARE SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF PRO GAMERSWARE, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL PRO GAMERSWARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PRO GAMERSWARE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification
Your use of the Site and the Service constitutes your agreement to defend, indemnify, and hold harmless Pro Gamersware, and its owners, employees, contractors, officers, directors, licensees (excluding You), sublicensees, successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of (a) Your breach of any of these Terms; (b) Your use or misuse of the Service; (c) User Reviews provided by you; or (d) the use or misuse of the Service by a third party using Your Account.
External Sites
The Site and/or Service may contain links to other sites on the Internet, or You may be able to access the Site and/or Service from other sites on the Internet, that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Pro Gamersware does not review or evaluate all of the External Sites and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these External Sites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective terms of use and privacy policies of each of these External Sites. Under no circumstances shall Pro Gamersware be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such External Sites.
Electronic Communications
When you visit the Site, use the Service, or send e-mails to us, You are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with You by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
Equitable Remedies
You agree that Pro Gamersware would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that Pro Gamersware shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies Pro Gamersware may otherwise have available to it under applicable laws. This section shall survive the termination of these Terms.
Severance
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
Assignability
Pro Gamersware is entitled to assign its contractual rights and obligations to third parties at its sole discretion. Waiver; Binding Agreement
Pro Gamersware’s failure to enforce any term of these Terms at any time shall in no way be construed to be a present or future waiver of such term. These Terms constitute a binding legal agreement between you and Pro Gamersware, and shall be binding upon your successors, administrators, executors, heirs and assigns.
Date Last Modified: November 25, 2021
