Effective Date: December 7, 2018
TERMS OF SERVICE
Welcome to our Website (our “Website” or “site”), owned and/or operated by Gamers4Life.ca, LLC, together with various service providers operating under the direction of Gamers4life.ca, LLC. By using our Website YOU AGREE
as they may be amended from time to time, we may refer to collectively as your “Agreement” with us. The policies that apply in our retail stores may differ from those applicable to your use of our Website and you should keep in mind these are separate
and relate to different locations and platforms. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Website, as “you” or “your” in our Agreement
and we may refer to G4L Gaming, LLC as “we”, “us” or “our” (or, of course “Gamers4life.ca, LLC”).
Acceptance of and Changes to Terms of Service:
This is a contract between you and Gamers4life.ca, LLC a Canadian Company addressed to Devonshire St, Kapuskasing Ontario, P5N 1C8, Canada. By using our Website and services, you signify
your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with
us, your only remedy is to discontinue use of our Website. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Website following the effective
date contained in the notification or the posting of such changes on our Website, if no other effective date is specified, will constitute your acceptance of those changes and your agreement to comply with all the current terms and conditions of the
You agree not to do any of the following while using the Website or any of our other sites:
* Intentionally or knowingly violate any applicable law, regulation, or agreement that you are bound by – including this
Agreement – nor the rights of any other party;
* Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
* Access, tamper with, or use any areas of the Website
or Gamers4life.ca, LLC’s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites.
* Frame or link to the Website or any of our other sites, unless permitted in writing by Gamers4life.ca,
Additional Rules of Conduct
You may violate the Terms of Service if, as determined by Gamers4life.ca, LLC in its sole discretion, you:
* Post, transmit, promote, or distribute Content that is illegal.
* Harass, threaten,
embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
* Organize, effectuate or participate
in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity
rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.
* Use abusive, offensive, or defamatory screen names and/or personas.
* Engage in disruptive
behavior in chat areas, game areas, forums, or any other area or aspect of the Website. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within the Website. Disruptive behavior
shall also include, but not be limited to, commercial postings, solicitations and advertisements.
* Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen
goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
* Impersonate another person (including celebrities), indicate falsely that you are a Gamers4life.ca,
LLC employee or a representative of Gamers4life.ca, LLC, or attempt to mislead users by indicating that you represent Gamers4life.ca, LLC or any of Gamers4life.ca, LLC’s partners or affiliates.
* Attempt to get a password, account information,
or other private information from anyone else on the Website.
* Upload any software or Content that you do not own or have permission to freely distribute.
* Promote, encourage or take part in any activity involving hacking, cracking, phishing,
taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
* Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere
with or disrupt the Website.
* Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
* Improperly use in-game support
or complaint buttons or make false reports to Gamers4life.ca, LLC staff.
* Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
* Use any game hacking/altering/cheating
software or tools.
* Modify or attempt to modify any file or any other part of the Website that Gamers4life.ca, LLC does not specifically authorize you to modify.
* Post or communicate any person’s real-world personal information using the
* Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website.
* Use and communicate exploits and/or cheats.
* Attempt to use the Website on or through any service that is not controlled
or authorized by Gamers4life.ca, LLC. Any such use is at your own risk and may subject you to additional or different terms. Gamers4life.ca, LLC takes no responsibility for your use of the Website on or through any service that is not controlled by
* Interfere with the ability of others to enjoy playing on the Website or take actions that interfere with or materially increase the cost to provide the Website for the enjoyment of all its users.
* Unless expressly authorized
by Gamers4life.ca, LC, you may not sell, buy, trade or otherwise transfer your Account or any personal access to the Website, its Content or Entitlements, including by use of auction websites.
* You may not conduct any activities that violate
the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
* Post or transmit
unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
* Abuse or exploit bugs, undocumented features, design errors or problems in the game.
* “Role–playing” is not an excuse for violating
this or any other policy.
Specific Website Services may also post additional rules that apply to your conduct on those services.
Unless otherwise specified, there is no requirement or expectation that Gamers4life.ca, LLC will monitor
or record any online activity on the Website, including communications. However, Gamers4life.ca, LLC reserves the right to access and/or record any online activity on the Website and you give Gamers4life.ca, LLC your express consent to access and
record your activities. Gamers4life.ca, LLC reserves the right to remove any content from the Website at Gamers4life.ca, LLC’s sole discretion. Gamers4life.ca, LLC has no liability for your or any third party’s violation of this Agreement.
In order to purchase from our Website you are required to register with the Website and create a unique account. You agree to provide and maintain accurate, current and complete information, including your contact information
for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or
another person’s name or likeness, or provide false information or details in any way. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the terminations,
in appropriate circumstances, of the accounts of users who are repeatedly violate this Agreement. In addition, we may suspend or terminate your account and your ability to use the Website if you engage in, encourage, or in any way advocate for illegal
conduct, whether intentional or unintentional.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably
control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Website.
The security, integrity and confidentiality
of your information are extremely important to us. We have implemented, through a third party provider, technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use
Third Party Content and Monitoring: Any opinions, advice, statements, services, offers,
events or other information or content expressed or made available on our Website by any third parties are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without
limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
Parental Control Protections: As required
by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content
that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these
companies or their services.
Links:Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or any (2) content, advertising, or
products on or made available on such an external site. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
When you access the Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain parts of the Website may be prohibited
or restricted by your network provider and not all parts of the Website may work with your network provider or device.
All text, graphics, logos, icons, images, audio clips and software on the site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are
owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing
by a Company Official of Gamers4life.ca, LLC, you may not use any Content without our consent and, even if we consent, you many not use any Content in any manner that is likely to cause confusion among customers, or in any manner that disparages or
discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in
any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium or in a networked computer environment for any purpose. If you
violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made, and we may end your authorization to use our site.
Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
Notices:We will give you any necessary
notices by posting them on our site. You authorize us to send notices via electronic mail or by other electronic or digital means (e.g., wireless, web, etc.), in our sole discretion. You agree to check our site for notices, and that you will be deemed
to have received a notice when it is made available to you by posting on the site or sent to you via electronic mail or made available in any other reasonable means consistent with the terms of this Agreement.
Disclaimer of Warranties:Although
we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, reliability or any use of the functions, features, operations, Content,
or information. We cannot and do not warrant that your use of our site, or the operation or function of the site, any component, feature, function, capability, offer, product, software, or services, will be uninterrupted or error free or that defects
or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing
and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness, and/or accuracy of our site.
OUR SITE AND
THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
Limitation of Liability
In no event shall Gamers4life.ca, LLC, its members, managers, company officials, partners, owners, agents, contractors, and/or representatives be liable to you or anyone else for any indirect, punitive, incidental,
special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, or damages for personal injury, arising out of or in any way connected with our Website, this Agreement, the use or
performance of our Website, the delay or inability to use our Website, the provision of, or failure to, provide services, or for any events, information, software, products, services and related graphics obtained through the Website, or otherwise
arising out of the use of our Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion
of our Website, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Website. This sole and exclusive remedy is separate and independent of any other provision that limits our
liability or your remedies under this Agreement.
Binding Arbitration and Class Action Waiver: You and Gamers4life.ca, LLC agree to arbitrate all disputes between you and Gamers4life.ca, LLC or its affiliates, except disputes relating to the
enforcement of any intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Website, any product or service ordered or purchased, or these terms, whether such an action sounds in contract,
tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or Gamers4life.ca, LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address
and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute via email to [email protected]
We will send any notice of dispute to you at the contact
information we have for you. You and Gamers4life.ca, LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.
You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Gamers4life.ca, LLC do not resolve a dispute by informal
negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered
by a company chosen solely by Gamers4life.ca, LLC. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive
relief, but only to the extent required to satisfy your individual claim.
Arbitration shall be initiated in the City of Kapuskasing, Ontario, Canada and you and Gamers4life.ca, LLC agree to submit to the personal jurisdiction of the federal
or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY
FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Gamers4life.ca, LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a
representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the 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, with the remaining parts proceeding in arbitration.
Errors on Our Site: Prices and availability of products and services are subject to change without notice.
Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, incorrect promotional offer, or containing any incorrect information or typographical
errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a
credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Termination of Use
We may terminate your http://gamers4life.ca (or any subsidiary) account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior
to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.
Force Majeure: We shall be excused from performance under this Agreement if we fail or are prevented,
forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or
(c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on our sites, and all features, functions and/or services
may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain
countries. A failure or delay in exercising any right, power or privilege occurring upon any default by the other party with respect to any of the terms in this Agreement will not be presumed to operate as a waiver, and a single or partial exercise
of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege, unless otherwise specifically articulated elsewhere in this
Agreement. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining
all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same.
These Terms of Service, and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any
of them to anyone without our express written permission and any attempt to do so without prior written permission will be void ab initio. These Terms of Service will inure to the benefit of our successors, assignees, and licensees. Unless the context
clearly indicates otherwise, when used in this Agreement the singular shall include the plural and vice versa. Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, this Agreement shall be read as if the appropriate
gender was used. The headings are included for reference only and have no effect on the meaning of any provision. This Agreement shall be construed as though drafted by both parties. North Carolina law, and controlling U.S. federal law, without regard
to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service and our Agreement with you. You agree to submit to the personal jurisdiction of the courts located in Wake County, in the State
of North Carolina, for the resolution of all disputes arising from or related to these Terms of Service, our Agreement with you and/or your use of the Site. The provisions of these terms which by their nature should survive the termination of these
terms shall survive such termination.
Our merchandise refund policy is as follows:
*Exchange or store credit will be issued for garments unworn and the tags attached within 7 days of receiving order. No refunds apply to merchandise.
*Should an exchange
need to be take place, the customer will be responsible for the shipping charges to send the exchanged merchandise from Gamers4life.ca back to the customer. Exchanged merchandise will be shipped only on receipt of arrival of incorrect item.
will be responsible for shipping charges only in the case of damaged product prior to wear and if Gamers4life.ca made an error in the order.
Subscription fees are non-refundable. Customers are responsible for any credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account. You agree to pay all subscription
fees when due according to these billing terms. All fees are nonrefundable. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your
account will be deemed past due if it is not paid in full by the subscription end date. If your account becomes past due, Gamers4life.ca will suspend your account immediately and hold it in suspension for 30 days. Your card issuer agreement may contain
additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods,
including the addition of supplemental charges for any content or services provided by us, with or without prior notice to you, at any time.