TERMS OF USE


These Terms of Use were last updated on June 15th, 2016.

This web site located at ghbass.com (the "Site") is provided by AM Retail Group, Inc. ("AM Retail") in conjunction with third parties. AM Retail and its parent, affiliates, and licensees, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Site shall be referred to herein as "G.H. Bass & Co. Parties."

PLEASE REVIEW THESE TERMS OF USE CAREFULLY PRIOR TO USING THE SITE. YOUR USE OF THE SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE. “YOU,” “YOUR,” AND SIMILAR TERMS REFER TO YOU THE INDIVIDUAL USING OR VISITING THIS WEBSITE, ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ARE USING OR VISITING THIS WEBSITE, AND ANY PERSON OR ENTITY THAT HAS RIGHTS THROUGH YOU. EACH TIME THAT YOU USE THE SITE, THE CURRENT VERSION OF THESE TERMS OF USE WILL APPLY. WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THE TERMS OF USE (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE SITE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

1. User Eligibility. This Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Site, including functionality and features available on the Site ("Features") and products and services available for purchase through the Site, however, may be inappropriate, prohibited or restricted in countries outside the United States and Canada. The G.H. Bass & Co. Parties make no warranty or representations that the Site or the Features are appropriate or available for access/use outside of the USA or Canada. Please be aware that this Site is subject only to the laws, rules, and regulations of the USA. If you access/use the Site from outside the USA or Canada, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site. This is a general audience Site and users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.

2. Establishing an Account. Users of all ages are welcome to browse the Site. However, you may only establish an account if you are over the age of majority in your jurisdiction of residence as well as being 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some Features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of account information and password in your posession and for restricting access to such information and to your computer. To the fullest extent permissible by applicable law, all activities that occur under your account or password shall be your responsibility.

3. Information You Provide/Submissions. To the fullest extent permissible by applicable law, other than Personally Identifiable Information, as defined in, and which is subject to our privacy policy http://www.ghbass.com/content/ yourprivacyrights , any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content you transmit or post to this Site in any form and in any manner ("User Communications") (i) is and will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may be disseminated or used by AM Retail or its parent or affiliates for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Communications. Therefore, do not transmit or post to the Site any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation. To the fullest extent permissible by applicable law, you hereby grant G.H. Bass & Co. and its parent and affiliates a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party, and hereby waive any moral rights you may in such User Communications in favor of AM Retail and its parents and affiliates ("User Communications License"). AM Retail may, to the fullest extent permissible by applicable law is not obligated to, monitor or review any User Communications. AM Retail shall have no obligations to use, return, review, or respond to any User Communications. To the fullest extent permissible by applicable law, the AM Retail Parties shall have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. AM Retail retains the right to remove any or all User Communications that includes any material AM Retail deems, in its sole discretion inappropriate or unacceptable. By making a User Communication, you represent and warrant that (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by AM Retail or its parent or affiliates of the rights granted it under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.

4. Prohibited Submissions. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that AM Retail may have at law or in equity, if AM Retail reasonably determines that you have violated or are likely to violate the foregoing prohibitions, AM Retail may take any action it reasonably deems necessary to cure or prevent the violation to the fullest extent permissible by applicable law, including without limitation, the immediate removal from this Site of the related materials. AM Retail will cooperate with any law enforcement authorities or court order or subpoena requesting or directing AM Retail to disclose the identity of anyone posting such materials.

5. Ownership and Permitted Use of Content. The Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from this Site (the "Content") are either the property of, or used with permission by, AM Retail. The ownership of all Content is retained by its owner. AM Retail does not authorize you to (i) modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms of Use with the prior written permission of the owner of such Content, or as otherwise permitted by applicable law. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.

6. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of AM Retail and its parent, affiliates, or other related parties. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of AM Retail or such third-party owner.

7. Prohibited Actions. While visiting the Site and participating in, accessing and using the Features (cumulatively "Using the Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).

8. Availability of Products, Services, Features and Content. To the fullest extent permissible by applicable law, all Features, Content, and products and services available on or through the Site, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, to the fullest extent permissible by applicable law, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

9. Accuracy of Information. The AM Retail Parties take reasonable efforts to ensure that information on this Site is complete, accurate and current. Despite such efforts , however, the information on this Site may be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. The AM Retail Parties make efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. To the fullest extent permissible by applicable law, the AM Retail Parties make no representation as to the completeness, accuracy or timeliness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, to the fullest extent permissible by applicable law, we may make changes to information about price and availability without notice. All prices listed on the Site are in US Dollars. Prices of products sold on the Site may not be the same as the prices of our products sold in our retail stores. To the fullest extent permissible by applicable law, while it is the practice of the AM Retail Parties to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The AM Retail Parties reserve the right to the fullest extent permissible by applicable law, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The AM Retail Parties also may require verification of information prior to the acceptance and/or shipment of any order.

10. Shipment of Order. Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

11. Applicability of Additional Terms and Conditions. Additional or different terms and conditions ("Other Terms") may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms of Use by reference, except where its terms conflict, in which case the Other Terms control.

12. Third Party Links. From time to time, this Site may contain links to web sites that are not governed by these Terms of Use (the "Linked Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. To the fullest extent permissible by applicable law, the AM Retail Parties are not responsible for any content, materials or other information located on or accessible from any other web site. The AM Retail Parties do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located on or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Site, you do so entirely at your own risk to the fullest extent permissible by applicable law. You should review the policies and terms of use associated with Linked Sites upon visiting them.

13. Disclaimer of Warranty. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR USE OF THIS SITE IS AT YOUR RISK. THE SITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." AS TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE G.H. BASS & CO. PARTIES EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE SITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE G.H. BASS & CO. PARTIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE. WITHOUT LIMITATION TO THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE G.H. BASS & CO. PARTIES DO NOT WARRANT THAT: (A) YOUR ENJOYMENT OF THE SITE WILL BE WITHOUT INTERFERENCE; (B) THE SITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE SITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE SITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT OR FEATURES WILL BE CORRECTED; (F) CONTENT OR FEATURES ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE SITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION; OR (H) THE CONTENT, INCLUDING BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS, SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE SITE IS ACCURATE, UP-TO-DATE OR COMPLETE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE G.H. BASS & CO. PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE G.H. BASS & CO. PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE G.H. BASS & CO. PARTIES FURTHER MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ARE BINDING IN THE STATE OF NEW JERSEY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUT MAY NOT APPLY IN OTHER JURISDICTIONS TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

14. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AM RETAIL PARTIES DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF, ACCESS TO, OR USE OF ANY FEATURES OR CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE AM RETAIL PARTIES WILL NOT BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, RULE, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ARE BINDING IN THE STATE OF NEW JERSEY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUT MAY NOT APPLY IN OTHER JURISDICTIONS TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT YOUR SOLE REMEDY, IF ANY, IS A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS POLICY POSTED ON THIS SITE. OTHER THAN THE FOREGOING SOLE REMEDY, YOU AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT THE AM RETAIL PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR OTHER SUMS IN ANY AMOUNT ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THIS SITE. THE PARTIES AGREE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE AM RETAIL PARTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

15. Termination. To the fullest extent permissible by applicable law, AM Retail reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Site or Features at any time, for any reason or for no reason. To the fullest extent permissible by applicable law, the AM Retail Parties reserve the right to change, suspend, or discontinue all or any aspect of this Site and Features, products and services available on or through the Site at any time without notice. To the fullest extent permissible by applicable law, you are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. To the fullest extent permissible by applicable law, the AM Retail Parties shall not be liable to you or any third party for any of the foregoing. The terms of these Terms of Use survive and continue to apply from the date you first viewed, used or accessed the Site until thirty (30) years from the last date on which you viewed, used or accessed the Site.

16. ARBITRATION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AM RETAIL AND YOU AGREE TO SUBMIT ANY AND ALL ARBITRABLE DISPUTES ARISING FROM OR RELATED TO THE SITE AND/OR BETWEEN YOU AND THE AM RETAIL PARTIES (INCLUDING BUT NOT LIMITED TO ANY DISPUTE REGARDING THE INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION,OF THESE TERMS OF USE) TO FINAL AND BINDING INDIVIDUAL ARBITRATION. SUCH ARBITRATION SHALL BE HELD IN MINNEAPOLIS, MINNESOTA, BEFORE A SINGLE ARBITRATOR, CONDUCTED UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING MINNESOTA LAW (WITHOUT REFERENCE TO ITS CHOICE OF LAW PROVISIONS). YOU EXPLICITLY CONSENT AND AGREE TO THIS ARBITRATION PROVISION.

THERE MAY BE MORE LIMITED DISCOVERY IN ARBITRATION THAN IN COURT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PARTIES HERETO AGREE THAT THE ARBITRATOR MUST FOLLOW THESE TERMS OF USE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS ARBITRATION PROVISION WILL SURVIVE TERMINATION OF ANY AGREEMENT BETWEEN YOU AND AM RETAIL.

NOTWITHSTANDING THE OTHER ELEMENTS OF THIS SECTION 16, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THIS SECTION 16 WILL BE DEEMED TO WAIVE, PRECLUDE, OR OTHERWISE LIMIT EITHER OF OUR RIGHTS, AT ANY TIME, TO: (1) BRING AN INDIVIDUAL ACTION IN A “SMALL CLAIMS” COURT IN HENNEPIN COUNTY, MINNESOTA, AND BOTH PARTIES AGREE TO SUCH VENUE, OR (2) TO FILE SUIT IN A COURT OF LAW IN HENNEPIN COUNTY, MINNESOTA, ON AN INDIVIDUAL BASIS, TO ADDRESS INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AS WELL AS INSTRUCTIONS ON HOW TO FILE AN ARBITRATION PROCEEDING WITH THE AAA, ARE AVAILABLE AT WWW.ADR.ORG. THE TELEPHONE NUMBER OF THE ADR IS: 1-800-778-7879.

YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR’S COMPENSATION OR FEES WILL BE LIMITED TO THOSE AMOUNTS SET FORTH IN THE AAA’S CONSUMER RULES WITH THE REMAINDER PAID BY AM RETAIL. IF THE ARBITRATOR FINDS THAT EITHER THE SUBSTANCE OF YOUR CLAIM OR THE RELIEF SOUGHT IN THE DEMAND IS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE (AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)), THEN THE PAYMENT OF ALL FEES WILL BE GOVERNED BY THE AAA RULES TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN SUCH CASE, YOU AGREE TO REIMBURSE A.M. RETAIL FOR ALL SUMS AND AMOUNTS PREVIOUSLY DISBURSED BY IT THAT ARE OTHERWISE YOUR OBLIGATION TO PAY UNDER THE AAA RULES. REGARDLESS OF THE MANNER IN WHICH THE ARBITRATION IS CONDUCTED, THE ARBITRATOR SHALL ISSUE A REASONED WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE DECISION AND AWARD, IF ANY, ARE BASED. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES OR EXPENSES AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN 14 DAYS OF THE ARBITRATOR’S RULING ON THE MERITS. THE ARBITRATOR’S DECISION MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.

IF YOU ARE NOT LOCATED IN, ARE NOT BASED IN, DO NOT HAVE OFFICES IN, AND DO NOT DO BUSINESS IN THE UNITED STATES, ANY ARBITRATION BETWEEN YOU AND THE AM RETAIL PARTIES WILL BE FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE (THE “ICC”) THEN IN FORCE (THE “ICC RULES”) BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE ICC RULES, AS MODIFIED BY THESE DEVELOPER TERMS, AND WILL BE ADMINISTERED BY THE INTERNATIONAL COURT OF ARBITRATION OF THE ICC. SUCH ARBITRATION WILL TAKE PLACE IN MINNEAPOLIS, MINNESOTA, USA.

17. No Class Actions. To the fullest extent permissible by applicable law, you agree to bring any claim or cause of action arising under or related to these Terms of Use, the Site, or any dispute with the A.M. Retail Parties in your individual capacity, and not as a member or representative of any class or collective action.

18. Other. To the fullest extent permitted by applicable law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site, will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its choice of law or conflict of law principles. To the fullest extent permissible by applicable law, any claim or dispute must be brought within six (6) months from the date the cause of action arises and any claim not brought within such period is void and/or irrevocably waived. To the fullest extent permissible under applicable law, for any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site, to the extent the Arbitration provision above in Section 16 is not applicable, shall be subject to the exclusive jurisdiction of state or federal courts located in Hennepin County, Minnesota and you hereby consent and submit to the personal jurisdiction of such courts. AM Retail does not authorize you to use or export or re-export the materials on the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. To the fullest extent permissible under applicable law, if any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use, together with the privacy policy, constitute the entire agreement between you and AM Retail relating to your use of the Site, superseding any other agreement between you and AM Retail with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. To the fullest extent permissible under applicable law, if any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Contact Us. For issues or questions related to the Site or these Terms of Use please email us by clicking on Contact Us or call us at 800-345-9787.