TERMS OF USE

CONTENT:


•     Introduction
•     Use of the Live Box Breaks by Premier Sites -UPDATED 3/2/2015
•     Content Submission
•     Third Party Sites
•     Order Acceptance and Billing
•     Pricing Information
•     Promotional Codes
•     Shipping and Delivery
•     Information Provided on the Live Box Breaks by Premier Sites
•     Gift Cards
•     Intellectual Property
•     Privacy
•     Indemnification
•     Termination
•     Disclaimer
•     Limitations of Liability
•     General
•     Procedure for Making a Claim of Copyright Infringement


1.     INTRODUCTION

Welcome to the family of websites provided by Live Box Breaks by Premier, premierboxbreaks.com, Live Box Breaks by Premier LLC, and Premier Sports Cards & Memorabilia, LLC (collectively, “Live Box Breaks by Premier”).  This Agreement applies to all of the websites where it is posted (collectively “Live Box Breaks by Premier Sites”).  By using one of the Live Box Breaks by Premier Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction.  Additional terms and conditions apply to some services offered on the Live Box Breaks by Premier Sites and may be found at the place where the relevant service is offered.  
We may change the terms of this Agreement from time to time.  By continuing to use any of the Live Box Breaks by Premier Sites after we post any such changes, you accept the Agreement, as modified.  


2.     USE OF THE LIVE BOX BREAKS BY PREMIER SITES | AGE REQUIREMENTS | ADDITIONAL TERMS

You certify that the information you provide on the Live Box Breaks by Premier Sites is accurate and complete.  You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify Live Box Breaks by Premier immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Live Box Breaks by Premier Sites, or any portion of the Live Box Breaks by Premier Sites, at any time without notice. By placing your order you understand there is no guarantee of any particular cards with your purchase from the particular “Break”. When participating in “Live Box Break Events” You ARE NOT purchasing a full box of cards or any guarantee of any particular cards whatsoever unless the description specifically states*. (*Example:Full sealed box/pack purchases state contents of boxes/packs you will receive when purchasing sealed boxes/packs) 

You are entitled to (1) base card or a Live Box Breaks by Premier promotional card (selected at random and of our choosing) for every spot purchased that does not receive any cards in a break. All random base cards allocated for these slots that do not get cards pulled in a break are donated to local charities by default.  By making a purchase on our site(s) you accept our terms and and agree to donate any random base cards you would receive for these "no cards pulled" slots to charity. You are opting out of receiving any of these random base card(s) provided for a slot purchased that does not result in a card from a break. You also consent to having these random base card(s) added to our "Donate to local charites" shipments along with any other cards currently allocated for donation from Live Box Breaks by Premier. These random base cards are not part of any base cards that are in any particular product or cards that are already included in any particular break. You may request to receive these "random" base card(s) for slots that did not have any cards pulled by filling out the request for a random base card form here. The before mentioned only refers to slots you may have purchased that did not receive cards in a break should you want to exercise your right to receive them in lieu of donating the random base card(s) to charity. Again, the above does not have any effect on base cards pulled from a break for a team or slot, you will always receive any cards pulled for your team or slot in a break that shipping was paid for. It only applies to a slot that does not get any cards whatsoever in a break.

Participating in any of our breaks is not considered a game of chance but rather a new method of collecting for card collecting enthusiasts’. Additionally, any customer of Live Box Breaks by Premier can be provided with the NPN (No Purchase Necessary) code that all Card Manufacturers provide on the same products that we open live on our site(s) as well. (SEE BELOW) If you would like the NPN disclaimer please contact us and we will be happy to help you. When you checkout with any purchase from our site(s) you are required to acknowledge these terms and it is assumed that you have read our terms and conditions and are legally bound to them. If you do not agree to any of these terms please do not use or make purchases from our site(s). Remember to fill out the request form if you want a random base card for every slot that did not get a card. If you feel you were not shipped a card for any purchase made after specifically requesting them as mentioned above, please fill out the form here and we will investigate and promptly resolve. You must fill out this form when makinng claims or we have no way of validating your claim(s). This random base card policy is retroactive to May 1st, 2014 and retroactive requests can be made here.

We may also do giveaways periodically just for participating in our Breaks and being a member of our site(s).

ACCEPTANCE OF TERMS

By using this site, you signify your consent to this Privacy Policy. If you do not agree to the terms of this policy, please do not use this site. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of this Web site following the posting of changes to these terms will mean that you accept those changes.

NO PURCHASE NECESSARY 

You do not have to make a purchase to have a chance to win the randomly placed cards and other items that are contained in some but not all of the card packages. For more information, see the card manufacturer’s No Purchase Necessary statement that appears on its packages. All mail-in entry cards must be received before the deadline set by the manufacturer on their site(s) or by date stated on wrapper, whichever is earlier. VOID WHERE PROHIBITED. Live Box Breaks by Premier can provide you with information to participate in the no purchase necessary products with the manufactures.


EBAY AUCTIONS & SITE AUCTION RULES

a. You will have UNTIL 2 HOURS BEFORE THE BREAK EVENT, typically 24 hours after auction ends to pay for winning auction once auction has ended. If you fail to pay for an auction you will not be able to use Live Box Breaks by Premier or related sites any longer and will be blocked from bidding on future auctions. Auctions are set up so close to break time that we will not give second chances to non-paying bidders and your spots will be re-sold.
b. We reserve the right to delete or ban or block any account at any given time. If it is an eBay auction an unpaid item case will automatically be opened if you fail to pay within the stated terms. This is done by eBay and we have no control over this so as long as you bid and pay for auctions that you win you will never get banned or have unpaid item strikes.
c. Auction rules will be stated for each particular product on our auction site. eBay auctions will have stated rules in addition to eBay policies and will be stated within the auction description.

All members that make a purchase on “Live Box Breaks by Premier Sites” through site auctions or eBay auctions will receive a shipment of at least one card for every purchase, once a month regardless of whether any cards are received in the “Breaks” during that period when requested per our terms policy.  These shipments are not on any particular date but rather once during any given 30 day period in which purchases were made on the site. The cards are selected from our personal collection at random and are not from any particular sport or collectable series and may include Live Box Breaks by Premier promotional cards. If you feel you did not receive your shipment during any month after requesting them please contact us immediately so we may resolve or make a claim here.

Live Box Breaks by Premier and its affiliates have no liability to you for content on the Live Box Breaks by Premier Sites that you find offensive, indecent, or objectionable.  Certain products are labeled with age restrictions and may be intended for mature audiences only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.
We sell products for children’s use; however, these products are intended for selling to adults.  If you are under the age of majority in your jurisdiction, you may use the Live Box Breaks by Premier Sites only with involvement of a parent or guardian.  Individuals may use the Live Box Breaks by Premier Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.

You are prohibited from:

•     Violating or attempting to violate the security of the Live Box Breaks by Premier Sites;  
•     Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Live Box Breaks by Premier Sites; or
•     Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Live Box Breaks by Premier or other third party web browsers) to navigate or search the Live Box Breaks by Premier Sites.  


3.     CONTENT SUBMISSION

Live Box Breaks by Premier allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Live Box Breaks by Premier Sites (“Content”).  Content should be written in English.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.  Live Box Breaks by Premier does not condone negative online comments about its members, manufacture’s, or other “Breakers” and/or Breaker communities. We reserve the right to remove any posts we deem inappropriate.

A.     License Grant for Submitted Content

If you make any submission to the Live Box Breaks by Premier Sites, you automatically grant, or warrant that the owner of such content has expressly granted Live Box Breaks by Premier, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  Live Box Breaks by Premier may sublicense its rights through multiple tiers of sublicenses.  You should not submit any Content to us that you do not wish to license to us.  Live Box Breaks by Premier is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content.  You grant Live Box Breaks by Premier the right to use the name that you submit in connection with any Content.

B.     Prohibited Content

You represent and warrant that you will not submit the following Content:

a)     Content that is false, inaccurate, or misleading;
b)     Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c)     Content that violates any local, state, federal, or international laws;
d)     Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e)     Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Live Box Breaks by Premier in its sole discretion;
f)     Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Live Box Breaks by Premier;
g)     Chain letters or pyramid schemes;
h)     Content that impersonates another business, person or entity, including Live Box Breaks by Premier, its related entities, employees and agents;
i)     Content that contains viruses or other harmful computer code;
j)     Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k)     Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Live Box Breaks by Premier in writing; or
l)     Content that violates any policy posted on the Live Box Breaks by Premier Sites, or interferes with the use of the Live Box Breaks by Premier Sites by others.

Although Live Box Breaks by Premier cannot monitor all Content, you understand that Live Box Breaks by Premier shall have the right, but not the obligation, to monitor the Content of the Live Box Breaks by Premier Sites to determine compliance with this Agreement and any other operating rules that may be established by Live Box Breaks by Premier from time to time.  Live Box Breaks by Premier shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Live Box Breaks by Premier Sites for any reason, including violation of this Agreement, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Live Box Breaks by Premier and its affiliates for all claims resulting from any Content you submit.


4.     THIRD PARTY SITES

References on Live Box Breaks by Premier Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services.  Live Box Breaks by Premier is not responsible for the content of any third party linked site or any link contained in a linked site.  Your use of a third-party site linked from a Live Box Breaks by Premier Site is at your own risk and will be governed by such third party's terms and policies.


5.     ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  Prior to accepting an order we may also request additional information from you.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department (STRIPE).  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Live Box Breaks by Premier may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will not be charged for most orders until the order has shipped.  Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

Live Box Breaks by Premier reserves the right to limit the quantity of items purchased per person, per household or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.  We will the notify customer should such limits be applied.  Live Box Breaks by Premier also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Live Box Breaks by Premier for the purpose of engaging in a commercial sale of that same product(s) with a third party.


6.     PRICING INFORMATION

Live Box Breaks by Premier cannot confirm the price of an item until after your order is placed.  Pricing errors may occur on the Live Box Breaks by Premier Sites or through Live Box Breaks by Premier vendors.  Live Box Breaks by Premier reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Live Box Breaks by Premier.  Live Box Breaks by Premier may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  Pricing for products may be different on the Live Box Breaks by Premier Sites or from prices available in Live Box Breaks by Premier stores or on Live Box Breaks by Premier mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).


7.     PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.


8.     SHIPPING AND DELIVERY

Delivery of items purchased from the Live Box Breaks by Premier Sites to addresses outside the United States is limited.  Some items also have restricted delivery within the United States.  For delivery restrictions, please review our shipping terms. Some items are available for pick up at our store locations coming July 2015.  Delivery times are determined and based on the method of shipping chosen when items are purchased and the destination of the items. Some items on “Pre-sell” will have delayed shipping due to manufactures ship dates. Live Box Breaks by Premier is not responsible for these changes or delays.


9.     INFORMATION PROVIDED ON THE LIVE BOX BREAKS BY PREMIER SITES

Live Box Breaks by Premier and our customers post a variety of material on the Live Box Breaks by Premier Sites including without limitation, merchandise information, product descriptions, reviews, comments,  and In Store Now information (collectively, “Materials”).  The Materials that appear on the Live Box Breaks by Premier Sites are for educational and informational purposes only.  Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Before you act on information you have found on the Live Box Breaks by Premier Sites, you should confirm any facts that are important to your decision.  Live Box Breaks by Premier and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Live Box Breaks by Premier Sites.  Live Box Breaks by Premier is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.  Product information contained on the Live Box Breaks by Premier Sites may be different from information contained on the product materials due to manufacturer changes.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return, such as opened breaks or opened boxes).  

LIVE BOX BREAKS BY PREMIER, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE LIVE BOX BREAKS BY PREMIER SITES.


10.     GIFT CARDS

The risk of loss and title to such gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.


11.     INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Live Box Breaks by Premier, one of its affiliates or by third parties who have licensed their materials to Live Box Breaks by Premier and are protected by U.S. and international trademark and copyright laws.  You may access, view, download, and print the IP and all other materials displayed on the Live Box Breaks by Premier Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner.  No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Live Box Breaks by Premier Sites or your accessing, viewing, downloading, or printing of the IP.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Live Box Breaks by Premier Sites or any related software.  All software used on the Live Box Breaks by Premier Sites is the property of Live Box Breaks by Premier or its suppliers and protected by U.S. and international copyright laws.  The IP and software on the Live Box Breaks by Premier Sites may be used only as a shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of all IP on the Live Box Breaks by Premier Sites is the exclusive property of Live Box Breaks by Premier and is also protected by U.S. and international copyright laws.

Live Box Breaks by Premier, Live Box Breaks by Premier, the Live Box Breaks by Premierboxbreaks.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Live Box Breaks by Premier Sites are trademarks or trade dress of Live Box Breaks by Premier in the U.S. and other countries.  All other marks are the property of their respective companies. We have no affiliation with nor are we endorsed by the NFL, NBA, MLB, UFC, ESPN, CBS, FOX, ABC, CNN and/or any other 3rd party RSS feeds. Again, these are the property of their respective companies/owners.


12.     PRIVACY

You acknowledge that any personal information that you provide through the Live Box Breaks by Premier Sites will be used by Live Box Breaks by Premier in accordance with Live Box Breaks by Premier’s Privacy Policy .

Privacy Policy:

Live Box Breaks by Premier respects the privacy concerns of the visitors to Live Box Breaks by Premier (the “Web Site(s)”). As a general policy, no personal information is automatically collected from users of the site. In the event that we do collect any personally identifiable data about visitors to this site, that information is only collected on a voluntary basis, and it is only known to Live Box Breaks by Premier.

Certain non-personal information of visitors (for example, the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor’s Internet service provider) is recorded by the standard operation of Live Box Breaks by Premier  Internet servers. This information is primarily used for internal purposes, and only in an aggregate and non-personally-identifying form. However, Live Box Breaks by Premier sometimes does provide this information, in aggregate and non-personally identifying form, to other parties for the daily operation of the site(s) or other use. An example of this would be the “Break Rewards” program where certain but limited information is needed in order for you to receive your reward “Points”

Personally identifiable information may be collected by Live Box Breaks by Premier when Web Site visitors voluntarily provide this information (including when visitors fill out contest entry forms, subscribe to newsletters/information bulletins or participate in other types of promotions). All such personal information is retained by Live Box Breaks by Premier and is not sold or otherwise transferred outside the company unless we obtain the user’s express consent to do so or if we are required by law or by court/governmental order to disclose such information in a particular circumstance. This information is used by Live Box Breaks by Premier for internal marketing and promotional purposes, in order to better understand the use of our sites and to support promotions included on these sites, as well as to enhance user enjoyment during the on-line experience. This data, in aggregate, non-personally-identifying form, may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifying information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters/bulletins or being notified if they have won one of our contests or to resolve issues pertaining to orders you have placed. Each e-mail newsletter or bulletin contains instructions on how to discontinue receipt of the newsletter or bulletin.

This site contains links to other Web sites. Live Box Breaks by Premier is not responsible for the privacy policies and practices or the content of such Web sites.

Our standard policy is that no information is shared with any 3rd party for resale or distribution, or sold. If you use PayPal express checkout or any 3rd party link from our sites please refer to PayPal’s or that 3rd party’s privacy policies. Live Box Breaks by Premier is not responsible for how your information is used or stored off site. Clicking on any 3rd party links will require you to view the privacy policies of those 3rd party sites.


13.     INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Live Box Breaks by Premier and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Live Box Breaks by Premier Sites or any breach by you of this Agreement.


14.     TERMINATION

This Agreement is effective unless and until terminated by either you or Live Box Breaks by Premier.  You may terminate this Agreement at any time, provided that you discontinue any further use of the Live Box Breaks by Premier Sites.  Live Box Breaks by Premier also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Live Box Breaks by Premier Sites, if in Live Box Breaks by Premier’s sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or Live Box Breaks by Premier, you must promptly destroy all materials downloaded or otherwise obtained from the Live Box Breaks by Premier Sites, as well as all copies of such materials, whether made under this Agreement or otherwise.  The following sections shall survive any termination of this Agreement: “Use of the Live Box Breaks by Premier Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Live Box Breaks by Premier Sites,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”


15.     DISCLAIMERS

THIS SITE IS PROVIDED BY LIVE BOX BREAKS BY PREMIER ON AN “AS IS” AND “AS AVAILABLE” BASIS.  LIVE BOX BREAKS BY PREMIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LIVE BOX BREAKS BY PREMIER SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LIVE BOX BREAKS BY PREMIER SITES.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIVE BOX BREAKS BY PREMIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, LIVE BOX BREAKS BY PREMIER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE LIVE BOX BREAKS BY PREMIER SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE LIVE BOX BREAKS BY PREMIER SITES, THAT YOUR USE OF THE LIVE BOX BREAKS BY PREMIER SITES IS AT YOUR SOLE RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

B.) AMAZON AFFILIATE DISCLAIMER: premierboxbreaks.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com

C.) EBAY AFFILIATE DISCLAIMER: premierboxbreaks.com is a participant in the eBay partner network (ePN), an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to ebay.com


16.     LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LIVE BOX BREAKS BY PREMIER OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE LIVE BOX BREAKS BY PREMIER SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LIVE BOX BREAKS BY PREMIER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL LIVE BOX BREAKS BY PREMIER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE LIVE BOX BREAKS BY PREMIER SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.


17.     GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.  Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of Live Box Breaks by Premier to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Live Box Breaks by Premier's rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under Wyoming law without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of the Live Box Breaks by Premier Sites must be brought in the state or federal courts of Wyoming and you consent to the exclusive personal jurisdiction of such courts.


18.     PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others.  If you believe that your work has been copied and is accessible on the Live Box Breaks by Premier Sites in a way that constitutes copyright infringement, please email us for instructions on how to report possible copyright infringement.

Last updated on January 2nd, 2016.  

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