CLX Terms of Use

ACCEPTANCE OF THE TERMS OF USE

IMPORTANT! PLEASE READ CAREFULLY. By using and/or visiting the costco.clxgaming.com website (hereinafter “Website”), you accept and agree to these Terms of Use and the Privacy Policy ( available at Privacy Policy ), which is incorporated by reference into these Terms of Use. These Terms of Use constitute a legal agreement between you and CLX and spell out the terms and conditions to which you must adhere. If you do not agree to any of these terms, then do not use the Website.

USE OF CONTENT ON WEBSITE

The Website is owned and operated by Cybertron International dba CLX. The contents of this Website, including without limitation the text, graphics, images, music, and video (“Content”) are protected by United States copyright and/or trademark law, as well as applicable foreign laws. Such Content is owned by or is licensed to CLX.

CLX hereby grants you permission to use the Website and its Content, provided that (i) your use is solely for your personal, noncommercial use; (ii) you do not modify or sell the Content; and (iii) you do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including use of the Content on any other website.

If you violate any of these terms, your permission to use the Content automatically terminates.

CONTESTS AND PROMOTIONS

Unless otherwise stated, promotions are valid only in the countries in which they are applicable.  CLX reserves the right to modify the terms of or discontinue any contests and/or promotions at any time for any reason, including but not limited to product availability, pricing issues, reduced demand. Prizes, discounts and special pricing may be changed or substituted at any time without prior notice. Taxes on any prize or award are the sole responsibility of the recipient.

TITLE AND RISK OF LOSS

Title and risk of loss to all products will pass to customer upon shipment from CLX’s shipping location, to the extent permitted by law. For all product damaged or lost in transit, notify us within five (5) business days from receiving damaged products, a short shipment, or not receiving an expected order, and we will work with you to resolve with Freight Forwarder.”

DISCLAIMER OF WARRANTIES

THE CONTENT ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLX DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

NEITHER CLX NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OR MATERIALS PROVIDED THROUGH THE WEBSITE.

THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF CLX HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY SERVICES OF MATERIALS PROVIDED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE.

To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.

CLX’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CLX, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use of the Website, (ii) your violation of the Terms of Use, (iii) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (iv) any submission by you that causes damage to a third party.

You shall cooperate as fully as reasonably required in the defense of any claim. CLX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of CLX without CLX’s prior written approval.

REPRESENTATION OF AGE AND ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, and are fully able and competent to enter into, abide by, and comply with the terms and obligations provided in these Terms of Use.

The website is not intended for persons under the age of 18. If you are under the age of 18, then please do not use the website.

 

AMENDMENT OF TERMS OF USE AND TERMINATION

CLX reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

In addition, CLX may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website for any or no reason, including, but not limited to, breach of these Terms of Use.

 

SEVERABILITY

If any provision of these Terms of Use is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect.

GOVERNING LAW

These Terms of Use shall be governed by the laws of the State of Kansas, without respect to its conflict of laws principles. Any claim or dispute between you and CLX that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Kansas.