IMPORTANT NOTICE: These Terms of Use have been updated as of April 25, 2025, and
shall supersede and replace all prior Terms of Use.
These Terms of Use (“the Terms” or “TOU”) and the Arbitration Agreement (see
Section 16) form binding agreements between you (“You,” or “User,”) and ARB Gaming,
LLC d/b/a hikingnorth.site (“hikingnorth,” the “Company,” “Us, or “We”) which provide all of the
terms and conditions governing Your access and use of www.hikingnorth.site and any related
applications (the “Website,” “Site,” or “Platform”) as well as Your creation of Your hikingnorth
user account (“User Account”), use of the games, promotions or contests (collectively or
individually, “Games”) on the Site, and any transactions or dealings with Us in any way
(collectively, the “Service”).
THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL
MONEY GAMBLING.” NO ACTUAL MONEY IS REQUIRED TO PLAY, AND THE
SERVICE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY.
THESE TERMS OF USE INCLUDE AN ARBITRATION AND CLASS ACTION
WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR
FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL
AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR
OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE,
MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE
ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE
PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR
FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT
OR PRESENT YOUR CASE TO A JURY, UNLESS OTHERWISE PERMITTED BY
THESE TERMS.
OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A
RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT
PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN
CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE
ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS
AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE
“BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” – SEE
SECTION 16 OF THESE TERMS, BELOW. OPT-OUT REQUESTS SENT AFTER THE
THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT OUT
OF THE ARBITRATION AGREEMENT IN SECTION 16, ALL OTHER REMAINING
SECTIONS OF THESE TERMS APPLY.
PLEASE READ THE FOLLOWING TERMS OF USE, THE ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 16 BELOW), AND THE
DM1\16455639.1
hikingnorth PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED
IN CONNECTION WITH ANY hikingnorth SERVICES OR WEBSITE OR APPLICATION.
YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR
SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER
INCORPORATE AND INCLUDE THE PRIVACY POLICY, THE PLAYER SAFETY
POLICY, AND ANY OTHER POLICIES THAT EXPRESSLY INCORPORATE THESE
TERMS (COLLECTIVELY, “INCORPORATED POLICIES”).
IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU
MAY HAVE AGAINST hikingnorth ARISING FROM ANY PAST, PRESENT OR FUTURE
USE OF TRACKING SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF A
META PIXEL, “COOKIES,” “GET REQUESTS” OR JAVASCRIPT IN HTML CODE
OF THE COMPANY’S WEBSITE THAT INTERCEPTS, TRACKS, STORES, AND
ANALYZES YOUR INTERACTIONS WITH THE COMPANY’S WEBSITE FOR
PURPOSES OF OBTAINING DATA OR TARGETED ADVERTISEMENT ARE
HEREBY FULLY WAIVED, RELEASED AND COMPROMISED. hikingnorth SHALL
HAVE NO LIABILITY TO YOU FOR ANY PAST, PRESENT OR FUTURE CLAIMS
ARISING OUT OF OR RELATED TO THE USE OF TRACKING TECHNOLOGY.
Acceptance of Terms. You represent and warrant that You have the right, authority, and
capacity to accept these Terms and to abide by them, that You are of legal age and that You have
fully read and understood the Terms. You must read these Terms carefully in their entirety before
checking the box for acceptance of these Terms. By using, or otherwise accessing the Service,
or clicking to accept or agree where that option is made available, You confirm that you have
read and agree to these Terms. If you do not agree to these Terms, then you may not access or
use the Platform or Service. All of your activity on the Website or Platform and all or your
transactions with hikingnorth, including all events which occurred before your acceptance of these
Terms, shall be subject to these Terms.
The Service is not sponsored, endorsed, or administered by, or associated with Apple®,
Facebook® or Google®. You understand that you are providing your information to hikingnorth only
and not to Apple®, Facebook® or Google®.
1.1 From time to time, We may modify or amend these Terms. If We do so, any
such
modifications or changes shall be reflected in the TOU or Incorporated Policies, as applicable, on
the Site. We may also, but shall not be required to, notify You by email regarding any material
changes to the TOU or Incorporated Policies. Whether You receive or review such notifications,
You agree that You will be bound by any such changes and that it shall be Your responsibility to
check the Terms Of Use, including the Incorporated Policies, as posted on the Site prior to
accessing the Site or partaking in any Service. Your further use of the Service after any changes
are posted shall constitute further consent and agreement to the terms as changed or
amended.
1.2 From time to time, We may also modify or amend any of the Incorporated
Policies. If we do so, any such modifications or changes shall be reflected in the Incorporated
Policies as posted on the Site. You agree that You will be bound by any such changes and that it
shall be Your responsibility to check the Incorporated Policies as posted on the Site prior to
accessing the Site or partaking in any Service. Your further use of the Service after any changes
are posted shall constitute further consent and agreement to the Incorporated Policies as changed
or amended.
1.3 If You have any questions about these Terms or the Incorporated Policies, please
contact customer support at [email protected].
1.4 In the event of any conflict between the Terms and the Incorporated Policies, the
Terms shall control.
2.1 Virtual Coins. The Service includes a License (as defined below) to You
to use
virtual tokens to play all Games on the Site, including, but not limited to, chips, coins, credits, or
points (collectively, “Virtual Coins”), that may be provided for use on the Platform. No matter
the reference or format of the Games, Virtual Coins are non-transferrable and may be used
subject to the License only. With the exception of “no purchase necessary” promotional contests
or giveaways, there is no opportunity for a User on the Platform to win real-money or any prize
while playing the Games, regardless of whether any purchase was made at any point by the
User.
2.2 The License. Subject to Your agreement and continuing compliance with these
Terms, we grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable,
revocable, license to access and use the Service, Games and Virtual Coins solely for Your
personal, private entertainment on the Platform and for no other reason (the “License”). Other
than this limited, personal, revocable, non-transferable, non-sublicensable License to use the
Virtual Coins with the Service, You have no right or title in or to any such Virtual Coins
appearing or originating with the Service, or any other attributes associated with use of the
Service or stored within the Service. You acknowledge and agree that Your License to use the
Service is limited by these Terms and if You do not agree to, or act in contravention of, these
Terms, Your License to use the Service may be immediately terminated. We have the absolute
right to manage, regulate, control, modify and/or eliminate such Virtual Coins as it sees fit in its
sole discretion to the extent legally permissible, and We shall have no liability to You or anyone
for the exercise of such rights.
2.3 No Right to Sell or Assign. The transfer or sale of Virtual Coins by You to any
other person is strictly prohibited. You may NOT sell or assign Your User Account to any other
person under any circumstances. Any attempt to do so is in violation of these Terms, will result
in in closure and forfeiture of the User Account, and may result in a lifetime ban from the
Service and possible legal action.
2.4 No Purchase Required. No purchase is required to set up a User Account or play
Games. The Platform is committed to at all times providing additional access to Virtual Coins or
otherwise to free-to-play Games to Users who deplete their balance of Virtual Coins. While it is
never required to make any purchase in order to play the Games, Users may, subject to the
License, increase the number of certain Virtual Coins they may access for licensed use on the
Platform only, increase the variety of available Games, and remove advertisements by making a
purchase. You understand and agree that any purchases are final and that We are not required to
provide a refund for any reason. Virtual Coins are non-transferrable, and carry no cash value. All
Virtual Coins under this License are forfeited if Your User Account is terminated or suspended
for any reason, in our sole and absolute discretion or if the Services are no longer available. To
the extent legally permissible, if Your User Account, or a particular subscription for the Service
associated with Your User Account, is terminated, suspended and/or if any Virtual Coins are
selectively removed or revoked by Us from Your User Account, no refund will be granted, and
no Virtual Coins will be credited to You or converted to cash or other forms of
reimbursement.
2.5 These Terms do not grant You any right, title or property or ownership interest in
the Service or any Virtual Coins.
2.6 This Service is licensed, not sold, to You. You agree that we and our own
licensors own all rights, title and interest in and to the Service, including all intellectual property
rights therein as further specified below in Section 9, and that we retain ownership of the Service
even after any installation on Your device. You agree not to delete or in any manner alter the
copyright, trademark or other proprietary rights notices or markings which may appear on the
Service.
2.7 Except as identified and specified in these Terms, You agree not to:
2.7.1 sell, rent, distribute, transfer, license, sub-license, lend or otherwise assign
any rights of any part of the Service to any third party;
2.7.2 copy, modify, create derivative works of the Service (including but not
limited to any software that forms part of the Service), including, without limitation, making
adaptations or modifications to the Service;
2.7.3 reproduce the Service or any part in any form or by any means;
2.7.4 exploit the Service in any unauthorized way whatsoever, including without
limitation, by trespass or burdening network capacity;
2.7.5 disassemble, decompile, reverse engineer, or attempt to derive the source
code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the
extent such activities are expressly permitted by law;
2.7.6 make the Service available to multiple users by any means, including by
uploading the Service to a file-sharing service or other type of hosting service or by otherwise
making the Service available over a network where it could be used by multiple devices at the
same time;
2.7.7 misrepresent the source of ownership of the Service;
2.7.8 scrape, build databases or otherwise create permanent copies of any
content derived from the Service; or
2.7.9 use the Service in any manner to harass, abuse, stalk, threaten, defame or
otherwise infringe or violate the rights of any other party.
Your eligibility for continued use of the Service is contingent on Your ongoing compliance
with
these Terms, in particular:
3.1 You are over 18 years of age or the minimum legal age of majority whichever is
higher in the jurisdiction in which you are located at the time of accessing or using the Service
and are, under the laws of the jurisdiction(s) applicable to You, legally allowed to participate in
the Games and access the Service;
3.2 You understand and accept that we are unable to provide You with any legal
advice or assurances and that it is Your sole responsibility to ensure that at all times You comply
with the laws that govern You and that You have the complete legal right to use the Service;
3.3 You will monitor Your User Account and ensure that no child under the age of 18
can access the Service using Your User Account. You accept full responsibility for any
unauthorized use of the Service by minors and You acknowledge that You are responsible for any
use of the Service, including use of Your credit card or other payment instrument by minors;
3.4 You do not access the Games or Service from the states of [Connecticut,
Delaware, Idaho, Louisiana, Maryland, Michigan, Montana, Nevada, New Jersey, New York
Pennsylvania, Rhode Island, Washington, or West Virginia] or any jurisdiction outside the United
States or as otherwise posted within these Terms or on the Platform (the “Restricted
Territories”);
3.5 You participate in the Games strictly in Your personal capacity for recreational
and entertainment purposes only;
3.6 You further represent and warrant that all information you supply to Us is
complete and accurate. Knowingly submitting incomplete or inaccurate information may result
in immediate termination of Your User Account, revocation of any License from Us, and any
further participation or access to the Service, at hikingnorth’s sole discretion, to the extent legally
permissible;
3.7 You will not be involved in any fraudulent or other unlawful activity in relation
to
Your participation in any of the Games and You will not use any software-assisted methods or
techniques (including but not limited to “bots” designed to play automatically) for Your
participation in any of the Games. We reserve the right to invalidate any participation in the
event of such behavior;
3.8 If, in the reasonable opinion of hikingnorth, we form the view that a player is
abusing
any promotion, to derive any advantage or gain for themselves or another player, including by
way of fraudulent conduct, we may, at our sole discretion, withhold, deny or cancel any
advantage, bonus or promotional prize as we see fit, or terminate or suspend the User Account of
such player.
3.8.1 You will not directly or indirectly participate in groups or take advantage
of, or encourage others to participate in or take advantage of schemes, organizations, agreements,
or groups designed to share: (a) hacks or money-making strategies; (b) special offers or
packages emailed to a specific set of players and redeemable by URL; or (c) identification
documents (including, but not limited to, photographs, bills and lease documents) for the purpose
of misleading hikingnorth as to a player’s identity.
3.9 In relation to any purchase, You must only use a valid form of payment accepted
by the Platform or its third party payment processing provider(s) (“Payment Agent(s)”) which
lawfully belongs to You (the “Payment Mechanism”).
4.1 You must create a User Account in order to access or use the
Service.
4.2 Only one User Account is permitted per person. In the event You open or try to
open more than one User Account, all User Accounts You have opened or try to open may then
be terminated or suspended any prizes or Virtual Coins balances may be voided.
4.3 If You lose access to Your User Account, You must not register a new User
Account. Rather, You must contact customer support at [email protected] to have Your User
Account status updated.
4.4 You are required to keep Your personal details up to date. If You change Your
address, email, phone number or any other contact details or personal information, please contact
customer support. The name that You provide to us at registration must match any identification
You provide for Your User Account verification.
4.5 During the registration process, You will be required to select a password unless:
(i) You login to Your User Account using the Facebook® login facility in which case Your
Facebook® password will apply; or (ii) You login to Your User Account using the Google®
login facility in which case Your Google® password will apply.
4.6 You confirm that You will not share Your User Account or password with any
other person or let anyone else access or use Your User Account without our written permission.
You will not access or use a User Account which has been rented, leased, sold, traded, or
otherwise transferred from the User Account creator without our written permission.
4.7 If You become aware, or have reasons to suspect, that the security of Your User
Account may have been compromised, including loss, theft or unauthorized disclosure of Your
password and User Account details, You must notify us immediately.
4.8 You are responsible for maintaining the confidentiality of Your User Account and
accept responsibility for all uses of the User Account, including any purchases (whether or not
authorized by You).
4.9 We reserve the right to close Your User Account if it is inactive for a period of
sixty days or longer and therefore Dormant under Section 6.11. You agree that We are not
required to give notice to You prior to taking such action, although we may choose to do so in
our sole discretion.
4.10 If You wish to close Your User Account, You may do so at any time by contacting
customer support. Closing Your User Account will forfeit all continued access to and right to
use, enjoy or benefit from any Virtual Coins associated with Your User Account.
4.11 We reserve the right to refuse to open or the right to close a User Account at our
sole discretion.
4.12 User Account registrations may be limited to one User Account registration per
person or per IP address at our sole discretion.
4.13 We reserve the right, at our sole discretion, to deactivate or suspend your User
Account (notwithstanding any other provision contained in these Terms of Use) where we have
reason to believe that you have played or are likely to play in tandem with other player(s) as part
of a club, syndicate, group, etc., or played the Games in a coordinated manner with other
player(s) involving the same (or materially the same) actions, decisions, or selections.
5.1 In addition to these Terms, Games offered on the Service may have their own rules which are available on the Service. It is Your responsibility to read the rules of a Game before playing. You must familiarize Yourself with the applicable terms of play and read the relevant rules before playing any Game.
6.1 The name on Your Payment Mechanism must match the name on Your User
Account. If it comes to our attention that the name You registered on Your User Account and the
name linked to Your Payment Mechanism differ, Your User Account will be
suspended, purchases may be voided, and any Virtual Coins balance may be adjusted
accordingly. You must promptly notify us if Your Payment Mechanism is cancelled, lost or
stolen or if the security of Your Payment Mechanism has otherwise become compromised.
6.2 You acknowledge and agree that we may, from time to time and without notice,
appoint one or more Payment Agents to process or make payments from or to You on our behalf.
6.3 If one or more of Your Virtual Coins purchases is subject to a charge back request,
Your User Account will be suspended. In the event of any charge back on Your User Account,
the amount of the charge back will be a debt owed by You to Us, and You must immediately
submit payment for such purchases through an alternative Payment Mechanism.
6.4 You agree that we and/or our Payment Agents appointed by us from time to time
may store Your Payment Mechanism details to process future purchases. By accepting these
Terms, you authorize us and/or our Payment Agents to store Your payment credentials in
compliance with applicable payment processing regulations.
6.5 A Payment Agent will have the same rights, powers and privileges that we have
under these Terms and will be entitled to exercise or enforce their rights, powers and privileges
as our agent or in their own name. In no event will we be liable to You for any loss, damage or
liability resulting from the Payment Agent’s negligence and/or acts beyond the authority given
by us.
6.6 All purchases will be in USD.
6.7 If You make a purchase, the purchased, licensed Virtual Coins may be added to
Your User Account instantaneously unless there is any delay due to situations outside our
control, including without limitation a force majeure event, poor internet connectivity, internet
failure or electricity outages.
6.8 When You make a purchase, it will appear on Your statement as a purchase from
“hikingnorth.”
6.9 When You make a purchase, You will receive two confirmations: (i) an on-screen
confirmation that the transaction has taken place; and (ii) an email to the email address on Your
User Account confirming that the transaction has taken place.
6.10 When You log into Your User Account Your licensed Virtual Coins balance will
be displayed in the upper right-hand corner of Your screen, both on the hikingnorth mobile application
and on the hikingnorth website.
6.11 Virtual Coins will automatically expire in the event a User Account becomes
Dormant. For the purpose of these Terms “Dormant” means there has been no game play activity
utilizing Virtual Coins for a consecutive period of sixty (60) days.
6.12 Our Customer Support can be reached twenty-four hours a day, seven days a week
at [email protected]. The expected response time is as soon as possible but may take up to
twelve (12) hours.
6.13 Notice for California Users Under Civil Code Section 1789.3
The Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N –
112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
7.1 All promotions, contests, and special offers are subject to these
Terms, the official
rules of the promotion, contest, or special offer, and any additional terms that may be published
at the time of the promotion, contest or special offer.
7.2 We reserve the right to withdraw or alter any such promotions without prior notice
to You at our sole discretion.
7.3 We reserve the right at our sole discretion and without any requirement to provide
a justification to exclude You from any promotions, contests or special offers that may be offered
from time to time.
7.4 We reserve the right to exclude You from any promotions, contests or special
offers if we believe that You have tried to enter said promotions, contests of special offers by
using more than one User Account or are otherwise engaging in any fraudulent or illegal activity
(including participation that would be in breach of the law in Your local jurisdiction), whether or
not You would have or might have won but for such activity. Where multiple entries/User
Accounts have been used, we reserve the right to suspend those User Accounts and withhold any
promotional benefits.
7.5 You confirm that You grant us an irrevocable, perpetual, worldwide,
non-exclusive, royalty-free License to use in whatever way we see fit, and without further
acknowledgement of You as the author, any content You post or publish as part of a promotion,
contest or competition.
8.1 You acknowledge that we, or a third party acting on our behalf, are
entitled to
conduct any verification checks (including but not limited to age and identity verifications and
credit background checks) that we may reasonably require and/or that are required of us under
applicable laws and regulations or by relevant regulatory authorities. You agree to comply with
all verification checks in a timely manner.
8.2 You agree that we may restrict Your opening or use of a User Account pending
any verification checks having been completed to our satisfaction.
8.3 The documents required may include, but are not limited to, photo identification,
such as a government issued passport or driver’s license; a utility bill that matches the address
registered on Your User Account; and source of wealth or source of funds documentation such as
a payslip or bank statement.
8.4 In the event that any verification check cannot be completed for any reason,
including Your failure to provide any requested documentation, then We may, in our sole
discretion, terminate, deactivate or otherwise restrict Your User Account.
8.5 You acknowledge and agree that we may use third party service providers to run
external identification, location verification and other verification checks based on the
information provided by You from time to time. You must enable and allow “Locations Services”
on Your device or PC in order to operate the Service or access Your User Account.
9.1 These Terms confer only the right to use the Service and they do not
convey any
rights of ownership in or to the Service.
9.2 All rights, title and interest, including without limitation any copyright, patent,
trade secret or other intellectual property right in the Service will remain our sole property or
where licensed from a third party their sole property.
9.3 Your use of the Games will not convey any ownership rights in the intellectual
property to You. The titles, source and object codes, game client and server software, the “look
and feel” of the Games, sounds, musical compositions, audio-visual effects, concepts and
methods of operation, layout, text, data, User Accounts, themes, objects, characters and character
likenesses, character names and character profile information, stories, dialogue, catch phrases,
locations, artwork, animations files, images, graphics, documentation, gaming history and
recording of game play, transcripts of any chat rooms, and moral rights, whether registered or
not, and all applications related to the above will remain vested in us or any third party supplier
of the Games.
9.4 Notwithstanding anything to the contrary in these Terms, You acknowledge and
agree that You shall have no ownership or other property interest in the User Account, and You
further acknowledge and agree that all rights in and to the User Account are and shall forever be
owned by and inure to the benefit of us.
10.1 You are responsible for complying with all laws applicable to Your
User Content.
You agree not to submit to the Service, or send to other users of the Service, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, illegal material or any material that infringes or violates another party’s
rights.
10.2 You will not provide inaccurate, misleading or false information to us or to any
other user of the Service. If information provided to us, or another user of the Service,
subsequently becomes inaccurate, misleading or false, You will notify us of such change
immediately.
10.3 We may, in our sole discretion, delete any User Content without notice but are
under no obligation to do so. We have no responsibility for the conduct of any user in the
Service, including any User Content submitted in the Service. We assume no responsibility for
monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your
own risk.
10.4 You hereby grant us the sole and exclusive, irrevocable, sub-licensable,
transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from,
publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to
incorporate the same in other works in any form, media, or technology now known or later
developed.
10.5 You further hereby grant to us the unconditional, right to use and exploit Your
name, likeness and any other information or material included in any User Content and in
connection with any User Content or Your User Account, without any obligation to You. You
waive any rights of attribution and/or any moral rights You may have in Your User Content,
regardless of whether Your User Content is altered or changed in any manner except as
prohibited by law.
10.6 You acknowledge and agree that all User Content whether publicly posted or
privately transmitted to the Service is at Your sole responsibility and risk. We disclaim any
responsibility for the backup and/or retention of any User Content transmitted to the Service.
10.7 Prohibited Content; User Content that is prohibited in the Service includes, but
is
not limited to:
● User Content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
● Harassing User Content;
● User Content of a sexual or offensive nature;
● User Content that promotes terrorism or religious hatred;
● User Content that promotes illegal activities or conduct that is abusive, threatening,
obscene or defamatory;
● User Content of commercial nature without authorization from us; or
● User Content promoting the services of another business or competitor.
10.8 If You see any material in the Service that in Your belief is offensive, hateful,
harassing or that You otherwise think is prohibited, please notify us by contacting
[email protected].
11.1 The Service may contain links to content owned and/or operated by
third parties,
for instance third parties who may invite You to participate in promotional offers or rewards
programs or third-party advertisers or payment providers. Any separate charges or obligations
that You may incur in Your dealings with these third parties are Your sole responsibility. We are
not responsible for any such third-party services or content and do not have control over any
materials made available therein.
11.2 Our inclusion of a link to a third-party website, services or content in the
Service
does not imply our endorsement, advertising, or promotion of such websites, services or content
or any materials available and we make no guarantee as to the content, functionality, or accuracy
of any third-party website.
11.3 By accessing a third-party website, services or content, You accept that we do not
exercise any control over such websites, services or content and have no responsibility for them.
The third-party sites may collect data or solicit personal information from You. We are not
responsible for privacy policies, or for the collection, use or disclosure of any information those
sites may collect. It is always best to read and understand the terms of services and privacy
policies applicable to any third-party website, services or content You may access.
11.4 We do not endorse, do not assume and will not have any liability or responsibility
to You or any other person for any third-party products, services, materials or websites. Please
note that the relevant third party is fully responsible for all goods and services it provides to
You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly
or indirectly, in full or in part.
11.5 If You use third party social networking websites to discuss the Service such as
Facebook® and Twitter®, You acknowledge and agree that:
● any content that You post on such social networking sites are subject to the relevant
terms and conditions of that website;
● You will not post any comments that are false, misleading or deceptive or defamatory
to us, our employees, agents, officers or other players; and
● we are not responsible or liable for any comments or content that You or others post
on social networking sites.
hikingnorth requires our Users to respect the intellectual property rights of others. If You
are
the owner
of copyright and You believe that Your work has been used in the Service in a way that
constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all
of the requirements of the Digital Millennium Copyright Act (“DMCA”). Your notice should
contain the following information:
● a physical or electronic signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
● a clear description of the copyrighted work or other intellectual property that You
claim has been infringed;
● a description of where the material that You claim is infringing is located in the
Service.
● Your address, telephone number, and email address;
● a statement by You that You have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and
● a statement by You, made under penalty of perjury, that the above information in
Your notice is accurate and that You are the copyright or intellectual property owner
or authorized to act in the copyright or intellectual property owner’s behalf.
Before you file Your DMCA notice, please carefully consider whether or not the use of the
copyrighted material at issue is protected by the Fair Use doctrine. If You file a DMCA notice
when there is no infringing use, You could be liable for costs and attorneys’ fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be
reached as follows:
By email: [email protected]
13.1 Disclaimer of Warranties. THE SERVICES, IN WHOLE AND IN PART
(INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE
PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND
“AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE
SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM
VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY,
ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR
MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE
SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR
DATA WILL BE SECURE.
13.2 Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES,
LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS,
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13.3 We are not liable for any downtime, server disruptions, errors, lagging, or any
technical or political disturbance to the Service or Games, nor attempts by You to participate by
methods, means or ways not intended by us.
13.4 We accept no liability for any damages or losses which are deemed or alleged to
have arisen out of or in connection with any Service including, without limitation, delays or
interruptions in operation or transmission, loss or corruption of data, communication or lines
failure, any person’s misuse of a Service or any errors or omissions in the Service.
13.5 In the event of a Service system malfunction, then all Game play on the Service
will be void.
13.6 In the event of an error or malfunction in a Game, then all Game play resulting
from the error or malfunction will be voided.
13.7 We reserve the right to remove any part of the Games from the Service at any
time. Any part of the Games that indicate incorrect behavior affecting, game data, or Virtual
Coins balances, that may be due to error, misconfiguration or a bug, will be cancelled and
removed from the Service. We reserve the right to alter player balances and User Account details
under such circumstances, at our sole discretion, in order to correct any mistake.
13.8 We may temporarily suspend the whole or any part of the Service for any reason
at our sole discretion. We may, but will not be obliged to, give You as much notice as is
reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably
practicable, after such temporary suspension.
13.9 We reserve the right to declare participation in a Game void, partially or in
full, if,
in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical
error on the pay-table, win-table, minimum or maximum stakes, odds or software.
13.10 If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any
human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to
operate in accordance with the rules of the relevant game, then We will not be liable to award
You any such Virtual Coins or prizes, and You agree that any such Virtual Coins or prizes that
have been awarded in error to Your User Account will be voided.
13.11 We retain absolute discretion in the event of a discrepancy between the result
showing on a user’s device and the server software. Such discretion includes the authority to
recognize the result showing on the server software as the official and governing result.
14.1 Limitation of Liability. BY ACCESSING, USING OR DOWNLOADING
THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR
OWN RISK AND THAT NEITHER THE COMPANY NOR ANY OF THE PARTIES
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR
THE COMPANY OR ANY OF THEIR AFFILIATES, SUBSIDIARIES, AGENTS,
EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, SUPPLIERS,
ADVERTISERS, PAYMENT SERVICES PROMOTERS, PARTNERS, OR
CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL
FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST
OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY
OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY
MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES
OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT,
IMAGES, VIDEO OR AUDIO FROM THE SERVICES, SPECIFICALLY INCLUDING
ANY PAST, PRESENT OR FUTURE USE OF “COOKIES,” “GET REQUESTS,”
PIXELS AND OTHER TRACKING TECHNOLOGY, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASED PARTIES CANNOT AND DO NOT WARRANT OR GUARANTEE
CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO
RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING
TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF
ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR
PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS
IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT
OF YOUR ACCESS TO OR USE OF THE SERVICES.
14.2 Indemnification. BY USING THE SERVICES, YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS (INCLUDING REASONABLE ATTORNEY’S FEES
AND COSTS OF SUIT) THE RELEASED PARTIES FROM ANY AND ALL THIRD PARTY
CLAIMS AGAINST THE COMPANY RELATED IN ANY WAY TO YOUR USER
ACCOUNT, YOUR USE OF THE SERVICES OR YOUR ACCESS TO THE SITE.
14.3 One Year Limitations Period. You and hikingnorth agree that any claims, regardless
of
form, arising out of or related to the Site (including Services) or these Terms of Use or Privacy
Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence
giving rise to the claim or suit, after which such claims will be time-barred and prohibited,
without regard to any longer period of time which may be provided by any period of limitation
or repose by law or statute.
14.4 SOLE AND EXCLUSIVE REMEDY/LIMITATION ON RECOVERY.
UNLESS OTHERWISE PROHIBITED BY LAW, IN ANY DISPUTE WITH THE
RELEASED PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY UNDER ANY
LEGAL THEORY FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM
ANY CAUSE SHALL BE LIMITED TO RECOVERY OF THE AMOUNT OF YOUR
OWN PURCHASES DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE
ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
14.5 YOU RECOGNIZE AND AGREE THAT THE WARRANTY
DISCLAIMERS IN SECTION 13.1, AND THE INDEMNITIES, LIMITATIONS OF
LIABILITY AND LIMITATIONS OF REMEDIES IN THIS SECTION 14, ARE
MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY
HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY
YOU AND hikingnorth TO ENTER INTO THESE TERMS OF USE.
14.6 NOTHING IN THESE TERMS OF USE WILL OPERATE SO AS TO
EXCLUDE ANY LIABILITY OF hikingnorth FOR DEATH OR PERSONAL PHYSICAL
INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY hikingnorth’S
NEGLIGENCE OR WILLFUL MISCONDUCT.
14.7 TO THE EXTENT ANY OF THE LIMITATIONS OF REMEDY,
INCLUDING WAIVER OF THE RIGHT TO PRIVATE OR PUBLIC INJUNCTIVE
RELIEF, ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION,
SUCH LIMITATIONS SHALL NOT APPLY AND SHALL BE DEEMED AS
SEVERABLE AND STRICKEN FROM THESE TERMS. THE PARTIES AGREE
FURTHER THAT SUCH PROVISION(S) SHALL NOT AFFECT THE
ENFORCEABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT (Section
16), WHICH THE PARTIES AGREE SHALL REMAIN IN PLACE AND IN FORCE
LESS ANY SUCH STRICKEN PROVISIONS.
15.1 If You need customer service in relation to the Service, You may
contact us by at
[email protected].
15.2 To protect Your privacy, all communications between You and us should be
carried out using or referencing the email address that You used to register Your User Account
for the Service. Failure to do so may result in our response being delayed.
Initial Dispute Resolution Procedure and Conference
15.3 The parties shall use best efforts to resolve informally any customer service
issue
promptly and in good faith. If for some reason You are not satisfied or your claim is not resolved
(a “Dispute”), You may then pursue arbitration as set out below in Section 16. However, You
must first submit a Notice of Dispute as set forth in this Section 15 and engage in a conference
either by telephonic or videoconference means with hikingnorth prior to and as a condition precedent
to initiating arbitration or any formal proceeding over a Dispute as required by Section 16.
15.4 Notice of Dispute Required Prior to Arbitration. The party initiating a claim
over a Dispute must give notice to the other party in writing of its intent to initiate an informal
dispute resolution conference. The initial conference shall occur within thirty (30) days after the
other party receives such notice or within a time period required by law, unless an extension is
mutually agreed upon by the parties.
15.5 All initial dispute resolution conferences shall be conducted individually,
between
hikingnorth and You. Multiple individuals with Disputes cannot participate in the same informal
telephonic dispute resolution conference. If a party is represented by counsel (which such
representation will be at such parties’ sole cost and expense), counsel may participate in the
conference, but each party shall also attend and participate in the conference.
15.6 To notify hikingnorth that You intend to initiate an informal dispute resolution
conference, please inform us by sending a Notice of Dispute via email to
[email protected] and include the following information:
(a) Your username and email address associated with Your User
Account;
(b) Your first and last name, as registered on your User Account;
(c) Your residence address;
(d) Your telephone number (home and/or mobile);
(e) a detailed explanation of the complaint/claim and basis for the
claim;
(f) any specific dates and times associated with the complaint/claim
(if applicable); and
(g) the remedy, action or any amount You are seeking from hikingnorth.
15.7 Upon receipt of Your Notice of Dispute, We will respond in writing within thirty
(30) days after receipt of such Notice, unless an extension is mutually agreed upon by the parties.
Failure to submit a written communication with the information outlined above may result in a
delay in our ability to identify and respond to Your complaint/claim in a timely manner, and may,
in hikingnorth’s discretion, extend the time period for resolution before a formal proceeding may be
commenced, as permitted by these Terms.
15.8 The parties shall use their best efforts to settle any Dispute, claim, question,
or
disagreement and engage in good faith negotiations which shall be a pre-condition to either party
initiating a formal arbitration as provided in Section 16. If the parties do not reach an agreed
upon solution within a period of thirty (30) days from the time of the initial Notice, then either
party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve
claims, subject to these Terms and the Arbitration Agreement.
15.9 The aforementioned Notice of Dispute and informal dispute resolution process is
a condition precedent to commencing any formal arbitration proceeding under the Arbitration
Agreement (Section 16 below), including litigation if you have successfully opted-out of the
arbitration agreement. The parties agree that any relevant limitations period or other deadlines
will be tolled solely by the amount of time the parties initiate and engage in this informal dispute
resolution process.
15.10 Regardless of whether you decide to opt out of arbitration, the terms set forth
in
this Section 15 Initial Dispute Resolution shall remain in full force and effect as part of these
Terms.
LEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT
(THE “AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU AND hikingnorth TO
ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMIT THE MANNER IN
WHICH YOU AND hikingnorth CAN SEEK RELIEF FROM EACH OTHER. THIS
AGREEMENT APPLIES TO ANY CLAIMS YOU OR COMPANY CURRENTLY
POSSESS AND ANY CLAIMS THE PARTIES MAY RAISE IN THE FUTURE. WHILE
YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SERVICES,
IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN
CONNECTION WITH YOUR USE OF OUR SERVICE, THERE IS AN OPTION,
DESCRIBED BELOW IN SECTION 16.12, TO OPT OUT OF THE ARBITRATION
PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS
OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE
ATTENTION.
If you reside in or access the Service at any time while located in the United States, this
Section 16 (Binding Arbitration Agreement and Class Action Waiver Agreement) shall be
construed under and be subject to the Federal Arbitration Act, notwithstanding any other
choice of law set out in these Terms of Service.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS
FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND
hikingnorth SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT
OR PRESENT YOUR CASE TO A JURY.
THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO
REQUIRES THAT ANY PAST, PENDING OR FUTURE DISPUTES WITH THE
COMPANY SHALL PROCEED FOR YOUR OWN LOSSES ONLY. YOU MAY NOT
PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY
PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT,
QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE
SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS
IN ANY TYPE OF CLAIM OR ACTION.
16.1 Acceptance of Terms. By using, or otherwise accessing the Service, or clicking to
accept or agree to the Terms where that option is made available, you confirm that you have read
and accept and agree to this Agreement. Except to the extent that you may opt-out as provided
below, all of your activity on the Website or Platform and all or your transactions with hikingnorth,
including all events which occurred before your acceptance of this Agreement, shall be subject to
this Agreement.
16.2 Scope of Agreement to Arbitrate. You and hikingnorth agree that any past, pending,
or
future dispute, claim or controversy arising out of or relating to any purchase or transaction by
you, your access to or use of any Platform or the Service, or to this Agreement, the Terms of
Use, or Privacy Policy (including without limitation any dispute concerning the breach,
enforcement, construction, validity, interpretation, enforceability, or arbitrability of this
Agreement or the Terms of Use) (a “Dispute”), shall be determined by arbitration, including
claims that arose before acceptance of any version of this Agreement. In addition, in the event of
any Dispute concerning or relating to this Agreement — including the scope, validity,
enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of
any claims—you and hikingnorth agree and delegate to the Arbitrator the exclusive jurisdiction to rule
on their own jurisdiction over the Dispute, including any objections with respect to the scope,
validity, enforceability, or severability of this Agreement or its provisions, as well as the
arbitrability of any claims or counterclaims presented as part of the Dispute.
16.3 Notwithstanding the above provision and Agreement to Arbitrate, all parties
retain the right to seek relief in a small claims court for disputes or claims solely within the scope
of a small claim’s court jurisdiction.
16.4 Lack of Estoppel or Preclusive Effect. The parties agree that any issues
determined in arbitration or any other proceeding between the parties shall be conducted and
decided for the benefit of the parties or express third party beneficiaries only and shall have no
preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation
matter, such that all issues shall be decided anew in any subsequent or other proceedings
involving either party. The parties reach this agreement in order to narrowly and efficiently
tailor their legal positions without concern that any third party may attempt to offensively use
any finding or determination of fact or law against You or hikingnorth.
16.5 Third-Party Beneficiaries. You further agree and intend that this Agreement and
the Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin
and shall bind same to the extent of any claims arising from your use of the Service which is
brought by them or by any person for the use or benefit of your spouse, heirs, children and
next-of-kin. hikingnorth agrees also that this Agreement is intended to benefit and shall bind any
successor-in-interest or assignee of hikingnorth.
16.6 Intellectual Property. Notwithstanding the requirement to arbitrate in this
Section
16, you and hikingnorth are NOT required to arbitrate any claims for the alleged unlawful use of
copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties
agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos,
trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court
of competent jurisdiction, and the parties shall not be able to hold out a user’s access to the
Service as a basis to enforce this arbitration agreement as to such claims.
16.7 Separate Agreement. The parties acknowledge that this Agreement is a separate
agreement between the parties governed by the Federal Arbitration Act, and that any alleged or
determined invalidity or illegality of all or any part of the Terms of Use, the Service, the
Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this
Agreement.
16.8 Applicable Law. While the Federal Arbitration Act shall control, to the extent the
law of any state is applied or considered with respect to issues bearing upon the enforceability or
scope of this Agreement, the parties agree that the law of the State of Arizona shall exclusively
apply, notwithstanding any consideration or application of choice of law or conflicts of law
principles.
16.9 Following the conclusion of the initial dispute resolution process
required by
Section 15, you or hikingnorth may seek arbitration of a Dispute in accordance with the provisions of
this Agreement. You and hikingnorth agree that JAMS (“JAMS”) will administer the arbitration under
its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time
arbitration is sought (“JAMS Rules”). The parties further agree that, to the extent applicable, the
JAMS Mass Arbitration Procedures and Guidelines shall apply. The JAMS Rules referenced
above are available at https://www.jamsadr.com/adr-rules-procedures/.
You and hikingnorth further agree:
16.9.1 The arbitration will be handled on the merits by a sole arbitrator. The
parties agree that any JAMS arbitrator appointed, including merits and process arbitrators, must
have the following minimum qualification: practicing attorneys or retired federal court judges
who have at least ten years of substantive expertise in litigating and resolving of complex
business disputes, including motions to compel arbitration and litigation or adjudication
regarding whether disputes are arbitrable;
16.9.2 For purpose of Sections 16.1 and 16.2 of the JAMS Rules, the JAMS
Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not apply
unless otherwise explicitly agreed to by all parties to the Dispute;
16.9.3 In lieu of JAMS Rule 15, the parties shall be presented with a list of eight
(8) potential arbitrators, be allowed three (3) strikes and the parties shall rank those potential
arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined
preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator
will be selected). To the extent a process arbitrator is appointed pursuant to the JAMS Rules, the
selection process shall also be as prescribed in this paragraph;
16.9.4 In lieu of JAMS Rule 18, the parties shall have the right to submit a
dispositive motion at the outset of the arbitration to the Arbitrator in order to resolve issues other
than the ultimate issue of fact. The submission and scheduling of such motions shall be
addressed at a conference held before the JAMS arbitrator, and the Parties agree that any
dispositive motions shall be resolved and the remainder of the arbitral proceeding stayed pending
resolution, absent good cause and immediate necessity to proceed.
16.9.5 Unless and only to the extent prohibited under JAMS Rules, the arbitration
will be held in Scottsdale, Arizona or, at either your or our election, will be conducted
telephonically or via other remote electronic means;
16.9.6 The JAMS Rules will govern payment of all arbitration fees, currently
available at https://www.jamsadr.com/arbitration-fees, You will only be required to pay
arbitration fees of $250 in connection with any arbitration initiated under this Section 16, but
You will still be responsible for paying your own attorneys’ fees;
16.9.7 Except as otherwise waived or limited under the Terms or this Agreement,
the JAMS arbitrator shall be authorized to award any remedies, including equitable or injunctive
relief, that would be available in an individual lawsuit except:
(a) In any arbitration arising out of or related to this Agreement,
the arbitrator(s) are not empowered to award punitive or exemplary damages, and the
parties waive any right to recover any such damages; and
(b) In any arbitration arising out of or related to this Agreement,
the arbitrator(s) may not award any incidental, indirect or consequential damages,
including damages for lost profits;
16.9.8 The arbitration decision and award shall consist of a written statement
signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each
claim. Unless the parties agree otherwise, the award shall be a reasoned award and contain a
concise written statement of the reasons for the award;
16.9.9 Except as and to the extent otherwise may be required by law, the
arbitration proceeding, pleadings, and any award shall be treated as confidential and shall not be
used by the parties except as may be necessary in connection with a court application for a
preliminary remedy, a judicial challenge to an award or its confirmation and enforcement.
16.9.10 In the event JAMS is unavailable or unwilling to hear the dispute in
accordance with this Agreement, the parties shall agree to, or a court shall select, another
arbitration provider subject to the procedural agreements of this Section 16; and
16.9.11 You and hikingnorth agree that any award issued by the Arbitrator in excess of
$50,000 in favor of either party, or any award which grants any form of declaratory or equitable
relief that would significantly impact other hikingnorth users or the operation of the Platform, may be
appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s
election. The JAMS Optional Arbitration Appeal Procedures are available at
https://www.jamsadr.com/adr-rules-procedures/.
16.10 Batch Arbitration/Mediation. To increase efficiency of resolution, in the event
20
or more similar arbitration demands against hikingnorth, presented by or with the assistance of the
same law firm or organization or group of law firms or organizations working in coordination,
are submitted to JAMS in accordance with the rules described above within a 60-day period,
JAMS shall consolidate those arbitrations as contemplated in the JAMS Mass Arbitration
Rules.
Following the submission, initial presentation and resolution of briefing and motion practice
contemplated in Section 16.9.4 on dispositive issues other than the ultimate issue of fact, to the
extent claims and issues remain pending, JAMS shall group the arbitration demands into a first
batch of no more than 25 demands to be set for resolution as a single arbitration. Once
resolution of the first batch has concluded (or sooner if the parties agree), counsel for the parties
must engage in a single mediation before a JAMS mediator of all remaining demands from
claimants. Counsel for the parties must agree on a mediator within thirty (30) days after
conclusion of the first batch. If the parties cannot agree on a JAMS mediator within 30 days,
JAMS will appoint a JAMS mediator as an administrative matter. All parties will cooperate for
the purpose of ensuring that the mediation is scheduled as quickly as practicable after the
mediator is appointed. If the parties are unable to resolve their demands by mediation, JAMS
shall continue to batch the remaining arbitration demands into batches of no more than 100
demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over
after the batching described above, a final batch consisting of the remaining demands) for
administration. A single arbitration with one set of filing and administrative fees and one
arbitrator will be assigned per batch. For avoidance of doubt, consolidation does not require that
all arbitrations in a single batch be decided the same, nor does it impair your right to present any
evidence or argument that you think particular to your case, so long as it is consistent with JAMS
Rules. You agree to cooperate in good faith with the Company and JAMS to implement such a
batch approach to resolution and fees and to efficiently consolidate discovery, submission of
evidence, and motion practice.
16.11 By signing a demand for arbitration, a party certifies, to the best of their
knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,
that: (i) the demand for arbitration is not being presented for any improper purpose, such as to
harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the
claims and other legal contentions are warranted by existing law or by a non-frivolous argument
for extending, modifying, or reversing existing law or for establishing new law; and (iii) the
factual contentions have evidentiary support or, if specifically so identified, will likely have
evidentiary support after a reasonable opportunity for further investigation or discovery. The
Arbitrator shall be authorized to afford any relief or impose any sanctions available under
Federal Rule of Civil Procedure 11 or any applicable state law (including attorney’s fees) for
either party’s violation of this requirement.
16.12 IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION
PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT
OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE
INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION
PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY
POSSESS, WHETHER ASSERTED TO DATE OR NOT.
16.13 OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS
OF THIS SECTION 16 AGREEMENT REQUIRING ARBITRATION AND CLASS
ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN
ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR
SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS
AGREEMENT, SEND A WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO
ARB GAMING LLC, ATTN: ARBITRATION OPT-OUT, 13802 N SCOTTSDALE RD
SUITE 151-94 SCOTTSDALE AZ 85254-3403, WITH THE SUBJECT “OPT-OUT.”
**REQUESTS TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE
EFFECTIVE.**
16.14 Whether to agree to arbitration is an important decision. It is your decision to
make and you are not required to rely solely on the information provided in these terms of use.
You should take reasonable steps to conduct further research and to consult with counsel (at your
expense) regarding the consequences of your decision.
16.15 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER YOU NOR hikingnorth SHALL BE ENTITLED TO ARBITRATE OR LITIGATE
ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE
OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS ONLY AND FOR YOUR OWN
LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN
ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART
OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY
GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING,
OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE
BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND
hikingnorth ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS
ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO
PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY
OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY
PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
16.16 Severability. This Agreement applies solely to the extent permitted by law. If
for
any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or
unenforceable, that part of this Agreement will be deemed severable and shall not affect the
validity and enforceability of the remainder of this Agreement which shall continue in full force
and effect. To the fullest extent allowable by law and equity, the parties agree that any such
provision may be blue-penciled or otherwise construed by the forum presiding over any dispute
to give effect to the intent of the parties and consistent with the overall purpose and intent of the
agreement, and may be deemed replaced by an enforceable provision that comes closest to the
intention underlying the unenforceable provision.
17.1 EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
18.1 Entire Agreement. These Terms constitute the entire agreement between
You and
us with respect to Your use of the Service and supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between You and us with
respect to Your participation.
18.2 Tax. You are solely responsible for any taxes which apply to Your use of the
Service.
18.3 Force Majeure. We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under these Terms that is caused by events
outside of our reasonable control, including but not limited to an act of God, hurricane, war, fire,
riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor
shortage, actions of governmental authorities or other force majeure event.
18.4 Severability. In the event any provision of these Terms is held unenforceable,
such provision will be ineffective but shall not affect the enforceability of the remaining
provisions. To the fullest extent allowable by law and equity, the parties agree that any such
provision may be blue-penciled or otherwise construed by the forum presiding over any dispute
to give effect to the intent of the parties and consistent with the overall purpose and intent of the
agreement, and may be deemed replaced by an enforceable provision that comes closest to the
intention underlying the unenforceable provision.
18.5 Assignment. These Terms are personal to You, and are not assignable, transferable
or sub-licensable by You except with our prior written consent. We reserve the right to assign,
transfer or delegate any of our rights and obligations hereunder to any third party without notice
to You, and in such case the Terms shall apply to and bind any successor-in-interest or assignee
of ours.
18.6 Third-Party Beneficiaries. You further agree and intend that these Terms are
entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind
same to the extent of any claims arising from your use of the Service which is brought by them
or by any person for their use or benefit.
18.7 Entire Agreement. These Terms contain the entire understanding between You
and us, and supersede all prior understandings between You and us relating to the subject
matter.
18.8 Business Transfers. In the event we undergo a change of control, merger,
acquisition, or sale of assets, Your User Account and associated data may be part of the assets
transferred to the purchaser or acquiring party.
18.9 Waiver. Our failure to assert breach or a violation of these Terms or otherwise
failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or
forfeiture of such rights or a waiver or forfeiture of such rights in the future.
18.10 Survival of Obligations. SECTIONS 13, 14, 15, 16, 17 and 19 SHALL BE
DEEMED TO SURVIVE THE TERMINATION OF THESE TERMS OF USE OR YOUR
USER ACCOUNT FOR ANY REASON.
19.1 Governing Law. Subject to the Arbitration Agreement contained in
Section 16,
which is governed by the Federal Arbitration Act, the parties agree that these Terms and the
related Service are governed by and shall be construed in accordance with the laws of the State
of Arizona USA without regard to its principles of conflicts of law. To the extent this governing
law provision is finally determined to be unenforceable as it relates to the use of the Services, the
parties agree that the governing law shall in such event be the applicable law in the jurisdiction
in which the user who is a party to the dispute properly utilizes the services. Nothing herein is
intended to limit a party's right to appeal a determination by a court of law that the laws of the
State of Arizona are unenforceable.
19.2 Exclusive Forum. Subject to the Arbitration Agreement contained in Section 16,
the parties agree that any dispute, controversy, or claim arising out of or in connection with these
Terms, or the breach, termination or invalidity of these Terms, will be submitted exclusively to
state or federal courts in Arizona and You and we consent to the venue and personal jurisdiction
of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an
arbitral award issued hereunder may be brought before any court of competent jurisdiction.
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