1. Introduction

Thank you for using Gamore! These Terms of Use (“Terms”) contain the rules and restrictions that govern your use of our applications, products, services and websites (“Services”). These Terms form a binding agreement between you and us. By completing the registration process and/or browsing the Services, you represent that (1) you have read, understand and agree to be bound by the Terms; (2) you are of legal age to form a binding contract with us; (3) you have the authority to enter into the Terms personally; and (4) if you are using the Services on behalf of a company or other entity, (a) you agree that “you” includes you and that entity, (b) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (c) you agree to these Terms on the entity’s behalf. You should not access or use the Services unless you agree to be bound by all of these Terms.

These Terms of Use govern your access to and use of all Gamore Sites among other things. By using the Gamore Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Gamore Sites is unauthorized.

DEFINED TERMS:

In these Terms of Use:

• When we say “Gamore,” we mean Gamore.Store USA, LLC, and any subsidiaries of Gamore Stores, LLC. (including any subsidiaries that Gamore LLC may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Gamore as “we,” “us” and “our.” But when we say “Gamore Entities,” we mean Gamore; its suppliers, vendors, contractors, and licensors.
• When we say “Gamore Sites,” we mean www.gamore.store, the Gamore Apps, and all related functionality, (including but not limited to Chatbots and other Generative AI Features, defined in Section 13.F), services, and Content offered by or for Gamore on or through www.gamore.store and the Gamore Apps or the systems, servers, and networks used to make the Gamore Sites available.
• When we say “Gamore Apps,” we mean the official “Gamore App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
• When we say “you” or “your” we mean any user (like you!) of any Gamore Site and any person who has notice of these Terms of Use.
• When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Gamore on the Gamore Sites (and any updates by Gamore to these Terms of Use and those terms and policies).
• A few other key terms used in these Terms of Use:
  • When we say “Chatbot,” we mean an application feature or interface by which you are able to engage in voice or text communications that are intended to mimic human interactions and conversations, including through the use of Generative AI and third-party large language models.
  • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, written and other materials and Inputs (as defined in Section 13.F).
  • When we say “Generative AI,” we mean artificial intelligence, including large language models made by us or third parties, capable of generating new text, images, or other media.
  • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Gamore Sites.
  • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Gamore Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Gamore Sites through the tools offered by such social media platforms).
  • When we say “Materials,” we mean Content that Gamore Entities make available on or through the Gamore Sites, including In Store Now information and Outputs (as defined in Section 13.F).

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Gamore’s liability explained in Sections 14 and 15, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Gamore Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check Gamore.store for any updated Terms of Use. In addition, by continuing to use or access any of the Gamore Sites or otherwise engaging with Gamore after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

2. Your Use of the Gamore Sites

You certify that the Content you provide on or through the Gamore Sites is accurate and that the information you provide on or through the Gamore Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Gamore is not responsible for any losses arising out of the unauthorized use of your account. You agree that Gamore does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Gamore Sites. You agree that Gamore is not a party to any such agreement, nor is Gamore responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Gamore Sites or any portion of the Gamore Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Gamore Sites or any portion of the Gamore Sites.

• In connection with the Gamore Sites, you will not:
  • Make available any Content through or in connection with the Gamore Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
  • Make available through or in connection with the Gamore Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Use the Gamore Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Gamore Sites.
  • Interfere with or disrupt the operation of the Gamore Sites or the systems, servers, or networks used to make the Gamore Sites available, including by hacking or defacing any portion of the Gamore Sites; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Gamore Sites.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Gamore Sites except as expressly authorized in these Terms of Use, without Gamore’s express prior written consent.
  • Reverse engineer, decompile, or disassemble any portion of the Gamore Sites, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the Gamore Sites.
  • Frame or mirror any portion of the Gamore Sites, or otherwise incorporate any portion of the Gamore Sites into any product or service, unless you obtain Gamore’s express prior written consent to do so.
  • Systematically download and store any Materials.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Gamore Sites, without Gamore’s express prior written consent.
  • Cause injury to any person or entity.
  • Violate any law, rule, or regulation, or these Terms of Use.
• You will not use the Gamore Sites or Gamore’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Gamore trademark, logo, URL, or product name without Gamore’s written consent;
• You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas

A. Submitting Content and Ideas

Gamore provides functionality that enables users to make available Content and Ideas in connection with their use of the Gamore Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Gamore Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. Gamore’s Rights to Use Content and Ideas

You grant to Gamore a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Gamore is free to use any Ideas for any purpose. Gamore may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Gamore is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Gamore the right to use any name associated with any Content or Idea that you make available to Gamore, although Gamore has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the Gamore Sites that:

• is false, fraudulent, inaccurate, or misleading;
• contains your full name(s), or any other confidential personally identifiable information of yourself or others;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including Gamore), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Gamore in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Gamore;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including Gamore, its related entities, employees, and agents;
• violates any policy posted on the Gamore Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the Gamore Sites or our partners.

4. Monitoring by Gamore

Gamore will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Gamore Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Gamore from time to time. Gamore will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Gamore Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Gamore for all claims resulting from any Content you make available.

5. Materials Available on the Gamore Sites

Gamore and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Gamore Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Gamore Sites, we would appreciate it if you let us know by contacting us at (Your feedback is a big part of what helps Gamore to get better at helping you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE GAMORE ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Gamore has no liability to you for content on the Gamore Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

Gamore is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Gamore Entity, Marketplace Retailer (as defined below in Section 13.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Gamore Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

7. Third Party Sites

References on Gamore 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 or its information, products, or services. Gamore is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Gamore Sites operate or otherwise interact, nor is Gamore responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

8. Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Gamore.store account, including on Gamore affiliated sites and properties which you access via your Gamore.store account credentials. Gamore participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. 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. 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 attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Gamore 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 Products, as well as all shipping and handling charges and applicable taxes and fees. Gamore reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Gamore also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Gamore for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Gamore may in its sole discretion restrict or terminate your account, or cancel or refuse orders.

B. Pricing Information; Availability

Gamore cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Gamore Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Gamore reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Gamore. Gamore 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 Gamore Sites or from prices available in Gamore stores or on Gamore Apps.

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

D. Gift Cards

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

E. Tax Exempt Purchases

To obtain tax-exempt purchasing privileges for purchases on Gamore.store, you must follow the tax-exempt registration procedure as described on the Site. As part of this process, you may be required to provide additional information to Gamore to confirm your tax-exempt status (for example, a valid state tax-exempt number). You represent and warrant that any information you provide to Gamore as part of the tax-exempt registration process is valid, accurate, and complete. You will promptly notify Gamore of any updates or changes to your tax-exempt status and will promptly provide Gamore with any updated information or documentation. If you purchase any products or services for a tax-exempt purpose and use those products or services for any other purpose, you will report and pay all taxes required under applicable law. If you are a tax-exempt organization, all tax-exempt purchases must be used exclusively by your organization for tax-exempt purposes only. You will comply with all other applicable requirements for tax-exempt purchases under applicable law. You will hold Gamore harmless from and will indemnify Gamore against any claim, loss or expense occurring from any failure to comply with your resale permits or any other tax-exempt requirements, and your exemption will be subject to immediate cancellation.

You further agree that if you do not use the products or services purchased with your tax-exempt account for the purpose for which your tax exemption applies, you will report and pay sales and use taxes directly to the state relating to the products or services to the extent required by law. In order to qualify for exemption, you may be required by law to pay us using your organization’s payment method (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). To the extent you have a Business Account, you acknowledge that if you, or any business user accounts associated with your Business Account, make tax exempt purchases with a tax exemption certificate associated with the Business Account, that those purchases are made with the tax-exempt organization’s funds. You will comply with such requirement to the extent required by law.

9. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Gamore Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Gamore Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Some Products may be available for pick up at physical Gamore store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

10. Export Policy

You acknowledge that (a) goods licensed or sold on the Gamore Sites, and (b) any software or technology purchased, downloaded, or used from the Gamore Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

11. Intellectual Property

The Gamore Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights therein (collectively, the “IP”) are owned or controlled by or licensed to Gamore, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Gamore to use the Gamore Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Gamore to use the Gamore Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Gamore Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Gamore Apps and remove (that is, uninstall and delete) the Gamore Apps from your mobile device.

No license, right, title, or interest in the Gamore Sites or any Materials is transferred to you as a result of your use of the Gamore Sites or your accessing, viewing, downloading, or printing of the Materials. 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 Materials or the Gamore Sites. The Gamore Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Gamore Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Gamore Sites and Materials is the exclusive property of Gamore and is also protected by U.S. and international copyright laws.

GAMORE, the GAMORE.STORE 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 Gamoe Sites are trademarks or trade dress of Gamore in the U.S. and other countries. All other marks are the property of their respective companies.

12. Privacy

You acknowledge that any personal information that you provide through the Gamore Sites will be used by Gamore in accordance with Gamore’s Privacy Policy, which may be updated by Gamore from time to time. If you purchase an item on Gamore.store sold by a Marketplace Retailer or a Gamore supplier, Gamore may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to Gamore and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the Gamore Privacy Policy for how Gamore treats your data.

13. Terms Applicable to Special Gamore Services

A. Gamore Marketplace

Gamore operates an online marketplace program on the Gamore Sites which enables Marketplace Retailers to sell their products alongside Gamore products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Gamore Marketplace”). Any use of the Gamore Marketplace is subject to the following additional terms:

• When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the Gamore Marketplace through the Gamore Sites, uses any order processing, fulfillment, shipping, or other services related to the Gamore Marketplace provided by or for Gamore, or uses any platform, portal, web service, application, interface, or other tool provided by or for Gamore in connection with the Gamore Marketplace.
• By purchasing a product from any of our Marketplace Retailers, you acknowledge that all Gamore Marketplace orders will be fulfilled by the third party Marketplace Retailer and not Gamore. The Marketplace Retailer (and not Gamore) will be responsible for all processing, shipping, returns, and customer service related to your Gamore Marketplace order. Products purchased from a Marketplace Retailer can only be returned to that Marketplace Retailer in accordance with its return policy. Each Marketplace Retailer’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Retailer’s Seller Information page. For other terms that apply to Gamore Marketplace, including important notices and disclosures, see About Marketplace.
• To the fullest extent provided by applicable law, Gamore has no responsibility or liability for any Marketplace Retailer, their products, or representations.

B. iOS Gamore App

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the Gamore App compatible with the iOS operating system of Apple Inc. (“Apple”):

• Apple is not a party to these Terms of Use and does not own and is not responsible for any Gamore App. Apple is not providing any warranty for the Gamore App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Gamore App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Gamore App, including any third-party product liability claims, claims that the Gamore App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Gamore App, including those pertaining to intellectual property rights, must be directed to Gamore in accordance with the “How to Contact Us” section.
• The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Gamore App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Gamore App, such as your wireless data service agreement.
• You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Gamore’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

C. eReceipts

Certain Gamore Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your Gamore in-store purchase receipt. Any use of the Gamore eReceipt service is subject to the following additional terms:

• To register for eReceipts, you must first have an account with Gamore.store and then validate your mobile number via a text message. Gamore.store accounts are subject to these Terms of Use. If you initiate the registration process for eReceipts at the cash register, you will be required to enter a mobile number into the PIN pad and then validate your mobile number via a text message. By registering for Gamore eReceipts, you consent to receive an automated text message and accept any message and data rates that may apply for receipt of a text message.
• There is no charge from us to use Gamore eReceipts, but your data service provider’s message and data charges may apply. Gamore and text message carriers are not liable for delayed or undeliverable messages.
• All information provided to Gamore by users of the Gamore eReceipts will be subject to our Privacy Policy.
• We may alter, suspend, or terminate your use of Gamore eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or Gamore eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the Gamore eReceipts service is subject to all applicable laws and regulations.

D. Gamore Pickup and Delivery

Use of Gamore Pickup and delivery is subject to the following additional terms:

• Once you have placed an order for Gamore Pickup and delivery, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
• There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable.
• Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For Pickup and delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
• We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the Gamore Customer Service Team under “Contact Us”
• Notwithstanding the foregoing, all refunds will be subject to our discretion.
• We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Gamore will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
• We can only deliver to an address stored in your address book in your account.

E. Gamore Digital Photo and Print On Demand (POD) Center

Any use of the Gamore Digital Photo and Print On Demand (POD) Center is subject to the following additional terms:

• Gamore claims no ownership rights to the photos, photo files, albums, projects, captions, or prints (collectively defined as “Photos”), that you place in your Gamore Digital Photo and POD Center Account. However, by uploading Photos and images into your Gamore Digital Photo and POD Center Account, you agree to waive all moral rights to those images. In addition, you grant to Gamore a nonexclusive, worldwide, royalty-free, sublicensable license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit, distribute, and otherwise make available the photos included in your Gamore Digital Photo and POD Center Account for the following purposes: (1) displaying Photos to the people you select; (2) fulfilling orders; (3) improving the Gamore Digital Photo and POD Center service and enabling it to work as designed, including by using automated systems and algorithms to analyze and customize your Photos; and (4) developing new technologies and services for Gamore. We will not use or modify your Photos for any purposes other than the foregoing without obtaining your express permission.
• You are responsible for monitoring and creating backup copies of the Photos stored in your account. Gamore Digital Photo and POD Center is not provided to you under any warranty. Gamore will not be liable for any damage to your photos, albums, rolls, or uploads, including but not limited to loss, deletion or alteration.
• Gamore may terminate your service or access to the Gamore Digital Photo and POD Center and delete any and all information, including but not limited to your Photos, without notice, for any reason including, but not limited to (1) your violation of these Terms of Use or other policies set by Gamore elsewhere on the Gamore Sites; (2) online conduct that Gamore believes is harmful to other customers, the business of Gamore, or other third-party information providers; and (3) failure to access your account for one (1) year.
• Gamore reserves the right to disclose any Photos made available by you or any other customers as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to submit or to remove any Photos, in whole or in part, that in Gamore’s judgment are unsuitable or in violation of these Terms of Use or other policy set by Gamore elsewhere on the Gamore Sites. Gamore may delete, move, and edit Photos for any reason, at any time, without notice.
• By making available Photos, you warrant that you are the sole author and owner of the Photos, or that you have obtained all required releases or permissions to permit copying, printing, licensing of the Photos, and your use of the Gamore Digital Photo and POD Center, as set forth in these Terms of Use.
• Gamore reserves the right to require that you obtain a signed copyright release form from the photographer or studio for photographs that are signed, stamped, or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright. In such cases, negatives or digital images of a copyrighted image will be returned to you unprinted and you will be provided instructions on how to present Gamore with a signed copyright release.
• Gamore will not assist in the copying of any state or federal document, including but not limited to driver’s licenses, passports, and social security cards.
• As a convenience to Gamore customers, Gamore may make third-party software available through the Gamore Digital Photo and POD Center either through physical distribution or by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.
• Gamore uses commercially reasonable efforts to maintain the availability of the Gamore Digital Photo and POD Center and provide photo/product processing within the time frame communicated to you. However, Gamore will not be liable to you for any unexpected outage or disruption of service.
• Making available any Photos and Images to Gamore for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by Gamore, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, to the fullest extent provided by applicable law, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
• You understand and agree that any Content, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the Gamore Digital Photo and POD Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the Gamore Digital Photo and POD Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.

F. Chatbots and Use of Generative AI.

The Gamore Sites may include Chatbots and other Generative AI, and Materials on the Gamore Sites may be generated by Generative AI (the “Generative AI Features”). The Generative AI Features are subject to the following additional terms.

• Due to the nature of Generative AI, the information, responses and recommendations generated for you and other users through Generative AI Features (collectively, the “Output”) may not be accurate, complete or up-to-date and may be misleading or contain errors and omissions, or the Generative AI Features may misunderstand the Content that you input (the “Input”) and may be responding to a different question than asked. You should review and verify the Output before making any purchases, engaging in other transactions from the Gamore Sites, or taking any other action based on any such Output.
• Unless an associated disclosure states otherwise, the Output may be based on information available on Gamore.store or provided by manufacturers, suppliers, or sellers of items, Gamore service providers, customer reviews, or other publicly available information, and third-party AI models. None of these sources have been verified by Gamore. Any views or opinions expressed in the Output do not necessarily reflect those of Gamore and should not be attributed to Gamore.
• The Output provided by the Generative AI Features are intended for general informational purposes only. You should not use any Output provided by the Generative AI Features as the basis for making any legal, safety, health, regulatory, or similarly important decision. Users of the Generative AI Features are solely responsible for independently verifying and evaluating the Output, and for any decisions they make based on the Output. Further, you understand that due to the nature of machine learning and Generative AI, the Output from the Generative AI Features may not be unique across users, and the Generative AI Features may generate or return the same or similar Output to Gamore or a third party, and other users may also ask similar questions and receive the same or similar responses. Outputs that are requested by and generated for other users are not considered your Content. However, you are responsible for any Input you submit to the Generative AI Features.
• Do not share any sensitive or personal data, or any proprietary or confidential information with the Generative AI Features. Additionally, you understand and agree that Input to the Generative AI Features may not be kept confidential, and any of your Content (including but not limited to the Inputs), as well as your purchasing history from the Gamore Sites, your use of promotions as well as personal information, may be used to further enhance and improve the Generative AI Features, the underlying model and the Gamore Sites as well as to generate Output. Inputs will be collected, used and retained by Gamore in order to answer questions and inquiries from you as well as other users, to help improve how the Generative AI Features operate, and for the other purposes described in Gamore’s Privacy Policy. Though you have a right to use all Outputs generated by the Generative AI Features, the Outputs are owned by Gamore.
• The Generative AI Features are provided on an “as is” and “as available” basis, and the Gamore Entities do not make any representations or warranties of any kind, express or implied, in relation to merchantability, accuracy (of materials data or any other information, response, results or content) and fitness for a particular purpose. The Gamore Entities do not warrant that the Generative AI Features will operate without interruption or be accurate, complete or error free, or that the Generative AI Features will meet your expectations, or that any Content and Materials processed or generated by the Generative AI Features will be secure, not lost, or altered.
• Gamore Entities will not be liable for your use or inability to use the Generative AI Features, any inaccurate information generated by the Generative AI Features, or any Materials generated by the Generative AI Features or generated from the Gamore Sites.

14. Disclaimer of Warranties

THE GAMORE SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMORE SITES, AND/OR GAMORE STORE LOCATIONS, ARE PROVIDED BY GAMORE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO GAMORE ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GAMORE SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GAMORE ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE GAMORE ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE GAMORE SITES IS AT YOUR SOLE RISK. THIS SECTION 14 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY GAMORE TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE GAMORE SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE GAMORE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO GAMORE ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE GAMORE SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, GAMORE ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A GAMORE ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO GAMORE ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE GAMORE SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO GAMORE ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE GAMORE SITES.

16. Indemnification

You agree to defend (at Gamore’s option), indemnify, and hold the Gamore Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Gamore Sites or any breach by you of these Terms of Use. Gamore reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Gamore if and as requested by Gamore in the defense and settlement of such matter.

17. Disputes, Arbitration, and Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A. Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND GAMORE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY GAMORE OR THE GAMORE ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND GAMORE AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

B. Class Action and Mass Action Waiver.

YOU AND GAMORE AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Gamore each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Gamore within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Gamore for you.

C. Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or Gamore by sending the other a written demand for arbitration (“Demand”) within the statute of limitations period. Your Demand shall be emailed to dispute@gamore.store. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (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 original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

D. Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to Section 17.C of these Terms of Use. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

E. Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

1. You or Gamore may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Gamore shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.
6. The arbitrator will follow these Terms of Use and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
7. You or Gamore may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

F. Process for Arbitration Bellwether Demands.

If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms of Use, You and Gamore agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

G. Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 17 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

H. Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 17 of these Terms of Use. If the FAA is found not to apply to any portion of Section 17 of these Terms of Use, then the applicable laws of the State of Florida shall apply without regard to choice-of-law principles.

18. Termination

These Terms of Use are effective unless and until terminated by either you or Gamore. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Gamore Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Gamore Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Gamore, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Gamore Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Gamore Sites,” “Content and Ideas,” “Monitoring by Gamore,” “Materials Available on the Gamore Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Gamore,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

19. General

These Terms of Use represent the complete agreement and understanding between you and Gamore and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Gamore. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 17 above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. Except as provided in Section 17 above, these Terms of Use shall be interpreted and governed by the applicable laws of the State of Florida without regard to choice-of-law principles. The failure of Gamore to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Gamore’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Gamore Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed on such site.

21. How to Contact Us

If you have any questions or comments, please contact Gamore customer service on the “Contact us” page linked in the website footer or email us at legal@gamore.store. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.