Tebex Inc Terms & Conditions

Last Updated: 5th July, 2023

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 22. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

This page, together with our Privacy Policy and General Website Terms & Conditions, tells you information about us and informs you of the legal terms and conditions (the “Terms”) which govern your use of the Tebex Inc. ("Seller", "We", "Us", "Our") webstore (the "Webstore").

These Terms are a contract between you and us and apply to any purchase of video game related products, items and other content (“Products”) on the Webstore.

Please read these Terms carefully and make sure that you understand them before ordering from the Webstore. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to place an order.

You should print a copy of these Terms off or save them to your computer for future reference.

We may amend these Terms from time to time, as set out in Section 17. Every time you wish to place an order, please check these Terms to ensure that you understand the terms which will apply at that time.

These Terms are only available in the English language.

1. Information about us

We are the Licensed seller of Products for this game, online game server or Discord server (“Platform”).

We buy limited licenses for the use of digital goods and software from The Platform, which we have the express permission to resell to customers and to perform the role of merchant of record for the sale of Products.

We license logos, graphics, wordmarks and other assets for the purposes of advertising and selling Products for the Platform..

When you buy Products on the Webstore, you are entering into a contract exclusively with us for this. No contract is formed between you and the Platform in this regard.

2. Use of the Webstore

You may only purchase Products from the Webstore if you are at least 16 years old.

Your use of the Webstore and your purchases are subject to these Terms, our General Website Terms & Conditions, as well as any terms and conditions of the Platform, the publisher of the relevant game, and the terms of any ancillary service provided to you that is related or required to use the Product you purchased. In the case of a conflict between any of the said terms and conditions, these Terms will take priority.

As the Seller, we may negotiate and conclude the sale, decline to conclude a sale, or for any reason we see fit, including but not limited to potential fraudulent activity or your previous interactions with us.

3. How to make a purchase

Our Webstore will guide you through the steps you need to take to place an order with us. When using our order process, you should check and amend any errors before submitting your orders to us. Please take the time to read and check your order at each page of the order process.

All sales through the Webstore will be processed through our checkout platform located at https://checkout.tebex.io/. Payment methods, delivery times, taxes and fees will be detailed as part of the checkout process.

Delivery of Products from the Webstore is also performed by us, and the terms relating to this (which will be provided to you during the checkout process) may form part of these Terms.

4. Digital Products

All digital Products we provide are licensed, not sold. The license We sell You is limited, non-exclusive, non-transferable, revocable and grants you limited rights to consume and make use of digital Products personally, only against the account that was originally used to make the purchase, and expressly conditioned upon your compliance with these Terms. These rights do not give you permission to sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign or otherwise distribute in any way the digital Products we provide. Regardless of any references we may make “purchasing,” “buying,” or “selling,” digital Products are licensed, not sold, to you under these Terms.

Digital Products may include the issue of in-game tokens, credits, or similar mechanisms of simulated value - "Virtual Currency". Any Virtual Currency awarded has no physical value, can only be redeemed on the Platform such Virtual Currency was awarded for. Digital Products, including Virtual Currency, cannot be exchanged for real-world currency of any kind. We may monitor all purchases, including but not limited to purchases that award Virtual Currency. Any unusual patterns of Virtual Currency use reported to or identified by us will be investigated, and such Virtual Currency may be forfeit at our discretion.

5. Availability of Products

We and the Platform reserve the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Products, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you. For example, the digital Products offered may evolve over time to improve the Platform or for regulatory or legal reasons.

6. Price of Products

The price of Products to be paid by you is set by us and will be as quoted on the Webstore at the time you submit your order.

We reserve the right to change the prices from time to time, but changes will not affect any order you have already placed that has been accepted by us.

Payment processing related to Products purchased on the Webstore is performed by us and our third-party payment processors.

If sales tax is chargeable on any payments for Products in any territory, we will add such the tax to the price to be paid by you.

How to pay

You can only pay for Products using payment methods we specify during your checkout flow.

When you provide payment information to us you represent to us that you are the authorized user of the card, PIN, key or account associated with that payment and you authorize us to process your payment with our chosen third-party payment processors for any fees incurred by you. We may require you to provide your address or other information in order to meet our obligations under applicable tax law.

You agree that you will not use IP proxying or other methods to disguise your place of residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not appropriate to your geography, or for any other purpose.

Please note that some payment methods may incur additional fees for reasons including but not limited to currency conversions, gateway fees, and originator fees. We recommend you closely check the amount to pay on the confirmation screen provided by any acquirer or PSP used by us.

7. No Refunds

All transactions are final and there are no refunds.

8. Ancillary Services

In order to access or use the Products purchased, you may need to access or use ancillary services provided by third parties (such as servers, games clients etc.). Access and use of these ancillary services may be subjected to additional terms and costs. We recommend that you locate and review any such terms, as you agree any such terms, or your disagreement with such terms, will not affect or otherwise alter your purchase, and you acknowledge that no refunds will be given after the Purchase is made under any circumstances.

9. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Webstore for your individual, non-commercial, entertainment purposes only and expressly conditioned upon your compliance with these Terms. Unless otherwise expressly authorized by us in a signed written contract, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, transfer, publish, assign, or otherwise distribute any part of the Webstore or any of our or the Platform’s intellectual property, including any of our computer code or the Products.

10. Intellectual Property

All title, ownership rights and intellectual property rights in the Webstore are owned by us. All title, ownership rights and intellectual property rights in the Products are owned by the Platform and licenses to use the Products are sold to us. We, the Platform and our licensors reserve all rights in national and international law to protect such rights in the event of any violation of these terms by you.

You also agree that unless we grant you a license, in a written contract signed by us, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the Webstore, or use of the Webstore not in accordance with these Terms, is expressly prohibited and may result in civil and/or criminal penalties.

11. Unsolicited Idea Submission Policy

We value our users’ feedback, but please don’t submit any creative ideas, suggestions or materials to us (collectively, “Unsolicited Ideas”). We may freely use any Unsolicited Ideas you provide.

You may not have any legal rights in the Unsolicited Ideas you insist on sending to us, but if you do, agree that we can use all or some of your Unsolicited Ideas for any reason we choose and without any payment to you.

This means that if you submit Unsolicited Ideas to us, then you grant us a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works based upon, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related to them, in any media now known or in the future developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. If necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable and you waive and agree never to assert those rights to the maximum extent permitted by the laws of your jurisdiction.

12. Rules on use of Webstore

When using the Webstore, you must comply with all laws, rules and regulations in the jurisdiction in which you reside. You must also comply with the acceptable use policies that we publish from time to time on the Webstore and the rules listed below (collectively the “Webstore Rules”). The Webstore Rules set out in this Section are not meant to be exhaustive, and we reserve the right to modify them, as well as take appropriate disciplinary measures to protect the integrity of the Webstore, regardless of whether a specific behavior is listed in the Webstore Rules as inappropriate.

Examples behavior warranting disciplinary measures:

• Impersonating any person, business or entity, including an employee of Tebex, or communicating in a way that makes it appear that the communication originates from Tebex;
• Publicly posting identifying info about yourself, Tebex employees, or other Platform users;
• Harassing, stalking or threatening other players or Tebex employees;
• Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of Tebex or the Platform. You also may not transmit content that violates or infringes the rights of others, including patent, trademark, trade secret, copyright, publicity, personal rights or other rights;
• Transmitting or communicating any content which we reasonably believe to be offensive, including content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
• Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal info;
• Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Tebex or any third party to protect or control access to the Webstore or any part thereof;
• Participating in any action which we reasonably believe does or may defraud anyone, including by scamming or social engineering;
• Using any unauthorized third-party programs, including scripts, bots, trainers and automation programs that interact with the Webstore in any way, for any purpose, including any unauthorized third-party programs that intercept, emulate, or redirect any communication relating to the Webstore and any unauthorized third-party programs that collect info about the Webstore by reading areas of memory used by the Webstore to store info;
• Accessing or attempting to access areas of the Webstore that are not made available to the public;
• Inducing or encouraging others to breach the Webstore Rules or these Terms; or
• Using the Webstore for any business purpose without our express written consent or after we have asked you to stop using the Webstore.

13. Consequences of Platform Bans

Bans are subject to the full discretion of the Platform (not us), and their rules can be changed at any time. If you are banned for breaking the rules of the Platform, your purchases of digital Products will not be refunded.

We provide no guarantee on being able to access the Platform. If the server is no longer operated, your digital Product will be forfeit and your purchases will not be refunded.

14. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this document, as it includes important terms which apply to you.

15. Changes to the Webstore

To improve the Webstore, evolve our games and keep the Webstore, safe, fun, and secure, you agree that we may change, modify, update, suspend, or restrict your access to any features or parts of the Webstore, including digital Products Virtual Goods at any time without liability to you.

16. Changes to these Terms

We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated. If we make a material change to the Terms, we will notify you as required by law.

Every time you order Products using the Webstore, the Terms in force at the time of your order will apply. If you make a purchase after we make a change to the Terms, you accept the updated provisions in the Terms.

If we revise these Terms as they apply to your order, we will give you reasonable advance notice of the changes as required by applicable law and let you know how to cancel your order if you are not happy with the changes. you may cancel either in respect of all the affected Products or just the Products you have yet to receive.

17. WARRANTY DISCLAIMER

You assume all responsibility for the use of and results obtained from the Webstore.

WHERE PERMITTED BY APPLICABLE LAW, THE WEBSTORE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE WEBSTORE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TEBEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE WEBSTORE, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFO CONTAINED WITHIN THE WEBSTORE.

18. INDEMNIFICATION

To the extent permitted by law, except in cases involving our gross negligence or willful misconduct, you hereby agree to indemnify, defend and hold harmless Tebex and its subsidiaries, affiliates, officers and directors from and against any and all claims, lawsuits, losses, liabilities and costs that arise or result from your misuse of the Webstore, any violation by you of any of the provisions of these Terms (for example, if you infringe our IP rights), or any infringement by you of any third party’s rights. Tebex reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you’ll cooperate with Tebex in asserting any available defenses.

19. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU (WHETHER FOR BREACH OF THIS CONTRACT, NEGLIGENCE OR FOR ANY OTHER REASON WHATEVER) FOR ANY LOSS, HARM OR DAMAGE SUFFERED BY YOU IN CONNECTION WITH YOUR USE AND/OR ACCESS OF THE WEBSTORE IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO TEBEX DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION FIRST AROSE.

WE ONLY MAKE THE WEBSTORE AVAILABLE FOR PRIVATE USE. WE ARE NOT LIABLE FOR BUSINESS LOSSES (SUCH AS ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR LOSS OF BUSINESS OPPORTUNITY). WE ALSO WON’T HAVE RESPONSIBILITY FOR ANY DAMAGE WHICH ARISES WHERE YOU FAIL TO MAINTAIN THE MINIMUM SYSTEM SPECIFICATIONS REQUIRED. SEPARATELY, WE ARE NOT RESPONSIBLE FOR: (I) ANY LOSS THAT WAS NOT FORESEEABLE AT THE TIME YOU ENTERED INTO THESE TERMS; OR (II) ANY LOSS THAT WE BOTH KNEW MIGHT HAPPEN ONLY BECAUSE OF YOUR SPECIAL CIRCUMSTANCES EXISTING AT THE TIME YOU ENTERED INTO THESE TERMS (INCLUDING ALL INDIRECT DAMAGES).

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. You may also have specific rights under local law in addition to those set out above.

20. GOVERNING LAW & VENUE

To the fullest extent permitted by law, these Terms and any action arising out of or in connection with these Terms will be governed by the Federal Arbitration Act with respect to Section 22 (Dispute Resolution) and the laws of the State of Delaware, New Castle countywithout regard to its conflict of laws provisions. To the fullest extent permitted by law and except as otherwise expressly set out in Section 22 (Dispute Resolution), the exclusive jurisdiction for all disputes that you and Tebex are not required to arbitrate will be the state and federal courts located in Delaware, New Castle county, and you and Tebex each waive any objection to jurisdiction and venue in such courts.

21. DISPUTE RESOLUTION

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

22.1 Initial Dispute Resolution

If a dispute arises between you and Tebex, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally for at least sixty (60) days before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: compliance@tebex.io. A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to Tebex must be sent by email to compliance@tebex.io, and Notices to you must be sent to the email address associated with your Tebex account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's Tebex account; (3) describe with specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. For any dispute that Tebex initiates, we will send our written description of the dispute to the email address we have on record for you. 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.

To the fullest extent allowable by law, this informal dispute resolution process is a prerequisite to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

22.2 Arbitration Agreement

22.2.1 Mutual Arbitration

To the fullest extent allowable by law, you and Tebex agree that all claims, disputes, or disagreements that may arise out of your use of the Webstore or the interpretation or performance of these Terms (including its formation, performance, and breach) or payments by or to Tebex, or that in any way relate to the provision or use of the Webstore, your relationship with Tebex, or any other dispute with Tebex, shall be resolved exclusively through binding arbitration in accordance with this Section 22.2 (collectively, the "Arbitration Agreement"). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 22.2.9 and 22.2.10. This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and Tebex expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in this Section 22.2.1, the arbitrator or arbitration body, and not any federal, state or local court or agency, The arbitrator has the authority to rule on all issues except that a court has exclusive authority to: (1) decide whether you and Tebex have complied with the pre-arbitration filing requirements (including the requirements described in the "Pre-arbitration notice of dispute and informal resolution period" section below); (2) enforce the prohibition on class or representative actions; (3) enforce the provisions regarding mass arbitrations; and (4) enjoin an arbitration from proceeding if it does not comply with this Arbitration Agreement. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

You and Tebex agree to submit to the personal jurisdiction of any federal or state court in Delaware, New Castle county 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. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Except as set forth in Section 22.2.2 below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND TEBEX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22.2.2 Class Arbitration and Collective Relief Waiver

YOU AND TEBEX ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 22.2.2 AND SECTION 22.2.6 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS TEBEX PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

If there is a final judicial determination that either the Class Arbitration Action and Collective Relief Waiver or the provisions in Section 22.2.6 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Tebex from participating in a class-wide settlement of claims.

22.2.3 Arbitration Rules

The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this "Dispute Resolution" provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

22.2.4 Initiating Arbitration

Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules.

A party who intends to seek arbitration must first send a written notice of the Dispute ("Notice") to the other. Notices to Tebex must be sent by email to compliance@tebex.io, and Notices to you must be sent to the email address associated with your Tebex account. All Notices must: (1) be personally signed by the party sending the Notice; (2) provide the relevant user's name, email address associated with the user's Tebex account; (3) describe with specificity the nature and basis of the Dispute; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it.

If Tebex is initiating arbitration, it will serve a copy of the demand to the email address that Tebex has on file for you.

The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Agreement.

22.2.5 Arbitration Location and Procedure

If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Delaware, New Castle county, United States of America, unless you and Tebex 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. 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 you and Tebex 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. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Tebex (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

22.2.6 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 22.2.3 if NAM is unavailable) against Tebex within reasonably close proximity ("Mass Filing"), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 22.2.3 if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Tebex and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Tebex and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This "Batch Arbitration" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Tebex otherwise consents in writing, Tebex does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in section 22.2.2 above and this section 22.2.6. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

22.2.7 Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. 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 will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with Section 22.2.2 above and also must be consistent with the terms of the "Limitation of Liability" section of these Terms as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

22.2.8 Fees

You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 22.2.6), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 22 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

22.2.9 Right to Opt-Out of the Arbitration Agreement.

IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS “DISPUTE RESOLUTION” SECTION 17, THEN: (1) you must notify Tebex in writing within thirty (30) days of the date that you began to use the Webstore or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Dispute Resolution”); (2) your written notification must be emailed to compliance@tebex.io; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, if applicable and (d) a clear statement that you wish to opt out of this Arbitration Agreement. Tebex will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Agreement pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Tebex.

22.2.10 Changes

Tebex will provide thirty (30) days' notice of any changes to this "Dispute Resolution" section by posting the change on the Webstore or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Tebex provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Tebex changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Webstore 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 22.2.9.

References to “Tebex,” “you,” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries, and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of the Webstore as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of the Webstore under this or prior Terms between us.

22. Other important terms

Notices. We will send account, legal and service-related notices to the email address or postal address we have on record for you.

Assignment. We may assign our rights and obligations under these Terms to another organization at any time, but this will not affect your rights or our obligations under these Terms. you may only assign your rights or your obligations under these Terms to another person if we agree in writing.

No Third-Party Beneficiaries. These Terms are between you and us. No other person shall have any rights to enforce any of their terms. However, we and you will not need the consent of a recipient of your gift of a Product to cancel or make any changes to these Terms.

Severability. Each of the paragraphs of these Terms operates separately. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any court or relevant authority decides that any of the conditions are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

No Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Notices. Except as otherwise expressly provided in these Terms, all notices given by you or required under these Terms shall be in writing and addressed to Tebex at the contact information in Section 24.

Export Control. you may not use, export, import, or transfer the Products except as authorized by the laws of the jurisdiction in which you purchased the Products, U.S. law, and any other applicable laws. In particular, but without limitation, the Products may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By purchasing the Products from us or by otherwise using our services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. you also will not use the Products for any purpose prohibited by applicable law.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Webstore of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

23. Contacting us

If you wish to contact us relating to these Terms, the Products, technical support, or if you need to report a store for fraudulent activity or that a Platform is breaching our or a partner's UAP, you can contact us by visiting https://www.tebex.io/contact/checkout.

If difficulties are encountered with the performance or non-performance of an ancillary service provided to you (for example, access to the server) that is related or required to use the Product we have sold, then we may refer you to specialized external support, but you should always contact us in the first instance.