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Ardelle Abdullah

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Aug 5, 2024, 12:12:00 PM8/5/24
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IMPORTANTNOTICE: THESE TERMS contain a binding arbitration provision and class action waiver that apply to all claims brought against GET WEIRD. THEY affect your legal rights as detailed in the DISPUTE RESOLUTION, binding ARBITRATION, AND CLASS ACTION WAIVER section below. By USING THE SERVICES, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS AND agree to be bound by thEM, INCLUDING THE DISPUTE RESOLUTION, binding ARBITRATION, AND CLASS ACTION WAIVER section. PLEASE READ IT CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICES.

You may have a limited amount of time to purchase the products. We offer a limited number of each item and do not guarantee product replenishment. We will fulfill orders in the order they are received, and therefore products may sell out before your order for such product is fully processed. In the event that we cannot fully process your order due to such lack of products, we will refund the fees you paid for the unavailable product to your payment card.


Please make sure that you have entered the correct and matching shipping and billing addresses, as it is crucial for your order to be processed and shipped in a timely manner. We will send you a tracking confirmation as soon as your order is dispatched. All shipments are insured and you assume all responsibility for claims made with the shipping carrier. All taxes and duties for international orders are your responsibility.


The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.


All trademarks, service marks, logos, trade names, and any other proprietary designations of Get Weird used herein are trademarks or registered trademarks of Get Weird or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our suppliers.


By posting User Contributions to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Get Weird an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.


Get Weird is not obligated to review, monitor, delete, or edit postings. However, Get Weird reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any User Contributions that are objectionable, offensive, illegal, or in violation of these Terms with or without notice. You agree that you have no recourse against Get Weird if we refuse to post, or if we delete or refuse to delete, any User Contributions by you or other Services users.


The content standards set out below apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree that you will not:


We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services, terminating the Account of such violators, or taking further legal action.


Please refer to our Privacy Notice (which is incorporated into and made part of these Terms) to understand our practices and policies related to the collection, use, and storage of information about users of the Services, including your Account information. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information.


You will have the opportunity to refer friends and family to the Services. You must only refer friends and family who give you permission to share their information with us. The collection, use, and storage of information about referred parties are also subject to the practices and policies described in our Privacy Notice.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.


TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GET WEIRD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, IN CONNECTION WITH ANY CONTENT ON THE SERVICES OR YOUR USE OR MISUSE OF THE SERVICES, INCLUDING FOR ANY: (I) LOSSES OR DAMAGES RELATED TO PERSONAL INJURY OR LOSS OF LIFE ARISING FROM USE OR MISUSE OF THE SERVICES OR CONTENT, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.


You agree to indemnify and hold harmless Get Weird and its officers, directors, employees, subsidiaries, agents, affiliates and other partners from and against any and all third-party claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of these Terms.


For any and all disputes between you and Get Weird, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.


To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against Get Weird that you initiate, you agree to send to Get Weird (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: sup...@antisocialsocialclub.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that Get Weird initiates, we will send our written description of the dispute to the email address associated with your use of the Services.


A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.


After the parties have engaged in a good-faith effort to resolve their dispute(s) in accordance with the Informal Dispute Resolution process, and only if those efforts fail, then either party may initiate arbitration as set forth in this Section.


If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to sup...@antisocialsocialclub.com. If Get Weird is initiating arbitration, it will serve a copy of the demand to the email address associated with your use of the Get Weird Services.


THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.


If you are a resident of the United States, arbitration will take place in the county where you reside. For residents in Canada (and anywhere else outside the United States), arbitration shall be initiated in New York, New York, USA, unless you and Get Weird otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue.


For any arbitration conducted in New York, New York, USA, you and Get Weird agree to submit to the personal jurisdiction of any federal or state court in New York, New York, USA in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. or certified mail and hereby waive any and all jurisdictional and venue defenses otherwise available.


If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents that you and Get Weird submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.


Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

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