YOSSARIAN GAMES LLC TERMS AND CONDITIONS OF SALE

  1. ENTIRETY. These Terms and Conditions of Sale (the “Terms”) are the only terms and conditions which govern the sale by Yossarian Games LLC, an Illinois limited liability company (“Yossarian”), to you, the buyer (“Buyer”), of the games (“Games”) that Buyer has ordered on yossariangames.com (the “Site”). The Terms supersede all other terms and conditions, oral or written, and all other communications between the parties suggesting additional or different terms. These Terms represent the final and complete understanding of the parties with respect to the sale of the Games and may be amended or cancelled only by mutual written agreement. Acceptance of Buyer’s order of the Games is expressly limited to these Terms. Any proposal for additional or different terms or any attempt by Buyer to vary these Terms is hereby deemed material and is objected to and rejected. No terms of any document or form submitted by Buyer shall be effective to alter or add to these Terms. Remittance of payment by Buyer and acceptance thereof by Yossarian shall constitute acceptance of these Terms. 

  2. TERMS OF PAYMENT. Buyer shall pay all amounts due for the Games up front, including all shipping, taxes and other charges. 

  3. PRICES; OTHER CHARGES. Prices listed on the Site are in U.S. Dollars. Prices listed on the Site do not include shipping charges or any tax or other governmental charge or assessment on the sale or shipment of the Games. Such taxes and charges, when applicable, will appear as separate additional charges on Yossarian’s invoice. 

  4. SHIPPING; DELIVERY. Yossarian will ship the Games to Buyer address in the United States via USPS Priority Mail. Yossarian will not ship any Games outside the United States. In no event shall Yossarian be liable for any delay in delivery or for failure to give notice of delay. Delivery may be made in advance of any scheduled delivery date upon reasonable prior notice to Buyer.

  5. LIMITED WARRANTIES. 

    1. Yossarian warrants that the Games will, on delivery, include all applicable game components, free from material defects. THESE ARE YOSSARIAN’S ONLY WARRANTIES. YOSSARIAN DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. If Buyer notifies Yossarian in writing that any of the Games are not in conformity with the foregoing limited warranty (the “Non-Conforming Games”) and Yossarian agrees, then Yossarian will replace the Non-Conforming Games or refund the total amount received by Yossarian therefor, at its sole option. Any claims for breach of warranty must be made within 30 days following the date of delivery of the Games to Buyer. 

    2. No salesperson, representative or agent of Yossarian is authorized to make any guaranty, warranty or representation that contradicts the terms contained in the limited warranty set forth in Section 5(a).  

  6. ALL SALES FINAL. All sales of Games are final. No returns shall be accepted without express written authorization of Yossarian (which authorization shall be in Yossarian’s sole discretion). 

  7. LIMITATION OF LIABILITY. 

    1. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5(A), IN NO EVENT WHATSOEVER SHALL YOSSARIAN HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF USE OF GAMES OR ANY ITEM WITH WHICH SUCH GAMES ARE USED) ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER, INCLUDING, WITHOUT LIMITATION, ANY GAMES OR THEIR SALE, USE OR RESALE, PERFORMANCE, NON-PERFORMANCE, DELIVERY OR NON-DELIVERY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, EQUITY, TORT (INCLUDING ANY FORM OF NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT YOSSARIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE LIMITATIONS SHALL APPLY DESPITE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE PROVISIONS OF THIS SECTION, THEN YOSSARIAN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE.

    2. YOSSARIAN’S MAXIMUM LIABILITY TO BUYER HEREUNDER, OR TO ANY PARTY OTHER THAN THE ORIGINAL BUYER OF THE GAMES, INCLUDING, BUT NOT LIMITED TO BUYER’S BENEFICIARIES, SUCCESSORS OR ASSIGNS, OR ANY OTHER THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE GAMES OR THE SALE, USE OR RESALE OF THE GAMES SOLD HEREUNDER, THE TRANSACTIONS CONTEMPLATED HEREBY, OR YOSSARIAN’S OR BUYER’S CONDUCT OR ACTIONS IN RELATION TO ANY OF THE SAME OR TO EACH OTHER, RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE AMOUNT(S) ACTUALLY RECEIVED BY YOSSARIAN FROM BUYER AS PURCHASE PRICE FOR THE GAMES WHICH GIVE RISE TO YOSSARIAN’S LIABILITY.

  8. INFRINGEMENT. If Buyer is notified by Yossarian that any of the Games (the “Infringing Games”) are subject to a threatened, potential or actual claim of infringement of another’s right for which Yossarian may be liable, Buyer shall, unless stated otherwise in such notice from Yossarian, immediately (a) stop using the Infringing Games and (b) destroy or otherwise dispose of the Infringing Games. 

  9. MISCELLANEOUS.

    1. Severability. If any provision of the Terms is determined to be invalid, illegal or unenforceable, but if the essential terms and conditions of the Terms for each party hereto remain valid, binding and enforceable, then the remaining provisions of the Terms remain in full force. 

    2. Waivers. The parties hereto may waive any provision in the Terms only by a writing executed by the party against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under the Terms, and no act, omission or course of dealing between the parties hereto, operates as a waiver or estoppel of any right, remedy or condition. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.

    3. Notices. Any notice, request, demand or other communication (each, a “Notice”) given to Yossarian pursuant to the Terms must be in writing and delivered by e-mail to orders@yossariangames.com. Any Notice given to Yossarian pursuant to the Terms must be in writing and delivered by e-mail to the e-mail address provided by Buyer to Yossarian at the time Buyer ordered the Games.

    4. Governing Law. The laws of the State of Illinois (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance and enforcement. 

    5. Forum Selection. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement may bring the legal action or proceeding in, and each party herby submits to the nonexclusive jurisdiction of, the federal or state courts sitting in Chicago, Illinois, and its appellate courts. Each party waives, to the fullest extent permitted by law: (i) any objection that it may now or later have to the laying of venue or any legal action or proceeding arising out of or relating to this the Terms brought in any such court; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.

    6. Waiver of Jury Trial. EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS AND THE TRANSACTIONS THEY CONTEMPLATES. THIS WAIVER APPLIES TO ANY ACTION OR OTHER LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. 

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