Your terms and conditions of use

THESE TERMS OF SALE ARE APPLICABLE TO ALL PURCHASES FROM THE ONLINE BATTLEBYTE STORE:

ORDERS: By placing an order on the BattleByte store you agree to be bound by these terms of sale, and acknowledge that you are at least 18 years old or you have the permission from your parents or a legal guardian to enter into this legal contract.

PAYMENT METHODS: Different payment methods, such as PayPal, credit card or direct debit, may be available to you when making a purchase through the BattleByte store. All purchases will be through a third party payment gateway, such as PayPal, which may have additional cost and terms and conditions. You are obligated to pay all Federal, State and local taxes associated with the purchase or use of goods purchased at the BattleByte store.

SOFTWARE LICENSE: All BattleByte games software is licensed, not sold, and may only be used under the terms of its applicable End User License Agreement. Installing, copying or otherwise using BattleByte games software constituted consent by you to be bound by the terms of a license agreement. If you reject the license agreement you are not permitted to install copy or otherwise use the software.

PRICING: The prices listed on the BattleByte Store do not include shipping, handling or taxes, if applicable. During checkout BattleByte Games LLC will add all applicable shipping, handling and taxes to the price of the products which you are purchasing. BattleByte Games LLC is required to charge sales tax for purchases made using a NY state address. BattleByte Games has the right to revise pricing or end discounts at any time prior to BattleByte Games acceptance of your order. Prices, quotations and descriptions made by BattleByte Games or referred to by a third party are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to BattleByte Games express acceptance of your order. BattleByte Games reserves the right to right to notify you of any errors in pricing or description prior to accepting and filling an order. If you chose to continue with an order after being provided with a revised price or description; you acknowledge that the product will be provided in accordance with the corrected price or revised description.

SOFTWARE (DOWNLOADABLE): Purchases are none refundable. If you purchased a digitally downloadable software, from the BattleByte Store you can download and install the game as many times as wanted as long as you continue to abide by the terms of the software’s License Agreement and the Terms of Use of the BattleByte Store. You understand and agree that the direct download service is provided by BattleByte Games at its discretion and may be terminated or otherwise discontinued by BattleByte Games. The software and download service is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.

SOFTWARE (PHYSICAL COPY): Software purchases are none refundable; however, software with defective media can be exchanged within 30 days for a new copy of the same software. BattleByte Games LLC requires that an order number or receipt be included with all exchanges. BattleByte Games LLC will not pay return shipping, but we will ship a replacement to you at our
own expense upon receiving the defective product.The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.

OTHER GOODS: Physical goods, (ie., mugs, tee-shirts, etc.) excluding boxed copies of software, can be returned for a full refund or exchanged within 30 days of the date of purchase.BattleByte Games LLC requires that an order number or receipt be included with all exchanges or returns. BattleByte Games LLC will not pay return shipping; however, if you are exchanging defective merchandise we will ship the replacement to you at our own expense.Software is not refundable.
MERCHANDISE ORDERS: Placing an order on the BattleByte Store creates a binding offer between you and BattleByte Games LLC for the goods or services which you offered to purchase. A contract to purchase said goods or services under the BattleByte Store Terms of Sale is concluded once your order is accepted and you receive a confirmation email form BattleByte Games LLC.

SHIPPING: Shipping and handling will be paid by the purchaser, unless BattleByte Games LLC states otherwise. International customers acknowledge and agree that goods will be shipped from the continental United States at your expense. Furthermore any import duties, customs fees, and taxes are the sole responsibility of the purchaser.

DELIVERY: Delivery dates or timescales provided by BattleByte Games LLC are only estimates and BattleByte Games LLCdoes not guarantee or warrantee that they are accurate; therefore it shall not be liable to you in respect of delays or failure to deliver the product by a specified date. All goods must be shipped to a valid address, provided by you. Once BattleByte Games LLC has transferred possession of the goods to the shipper,BattleByte Games LLC’s liability as to delivery ends,and title and risk of loss pass to you, and liability for delivery ceases.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BATTLEBYTE GAMES LLC BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR USE OF THE BATTLEBYTE GAMES LLC SOFTWARE AND DOWNLOADS OR RELATED PRODUCTS, EVEN IF BATTLEBYTE GAMES LLC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABLILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE. IN ANY EVENT BATTLEBYTE GAMES LLC AND ITS AFFILITATES AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT OR ONE U.S. DOLLAR ($1.00).

INDEMNIFICATION: You agree to indemnify, defend and hold harmless BattleByte Games LLC, and their respective representatives and affiliates from any and all claims, losses, liabilities, damages, fees, expenses and cost which result from any claim, including attorneys' fees, court costs, damage awards and settlement amounts or demand made by any third party in connection with or arising out of your use of the Expert Rifleman Simulation Software, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.

EQUITABLE REMEDIES: You hereby agree that any breach of this License Agreement would result in irreparable damage to BattleByte Games LLC, and consequently, you agree that BattleByte Games LLC shall be entitled to immediately seek enforcement of this license agreement by means of specific performance or injunction, without any requirement to post bond, other security, or proof of damages. Additionally, you acknowledge that the restrictions contained in this License Agreement are reasonable and necessary to protect BattleByte Games LLC's legitimate interests in protecting its business and any violation of the restrictions contained in this License Agreement will cause significant and irreparable harm to BattleByte Games LLC for which BattleByte Games LLC has no adequate remedy at law. You agree that the prevailing party in a litigation connected with this License Agreement will recover from the other party all costs, attorneys’ fees and expenses incurred by the prevailing party in the litigation.

INFORMAL NEGOTIATIONS: To resolve disputes, controversy or claims related to this License Agreement You and BattleByte Games LLC will negotiate for no less than sixty days. Informal negotiations will begin with written notice, either by standard mail or email.

BINDING ARBITRATION: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by an arbitrator located in Tioga County in New York State, USA.If a dispute between you and BattleByte Games LLC cannot be resolved through informal negotiations, either you or BattleByte Games LLC may elect to have the dispute resolved by binding arbitration (except for Disputes excluded under EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION listed below). LICENSER AND LICENSEE HEREBY IRREVOCABLY WAIVES THEIR RESPECTIVE RIGHTS TO A JURY TRIAL IN ANY LEGAL PROCEEDING OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU UNDERSTAND THAT THIS PROVISION NEGATES YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. IN THE EVENT OF LITIGATION, A COPY OF THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION: You and BattleByte Games LLC agree that Disputes to enforce or protect intellectual property rights, allegations of theft, piracy, invasion of privacy or unauthorized use, and any claim of injunctive relief, are not subject to the above provisions concerning INFORMAL NEGOTIATIONS AND BINDING ARBITRATION.
RESTRICTIONS: Arbitration shall be limited to the Dispute between You and BattleByte Games LLC. To the full extent permitted by law, no arbitration shall be joined with another; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in an alleged representative capacity on behalf of the general public or any other persons.
LOCATION: Arbitration shall be initiated in the County of Tioga, State of New York, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Tioga, State of New York, United States of America. You and BattleByte Games LLC agree to submit to the jurisdiction of that court.

Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this License Agreement shall be brought against any of the parties only in the courts of the State of New York or, if it has or can acquire jurisdiction, in the courts of the United States of America located in Tioga County, New York, and EACH OF THE PARTIES HERETO CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS) IN ANY SUCH ACTION OR PROCEEDING, WAIVES ANY OBJECTION TO VENUE LAID THEREIN AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUCH COURTS THAT SUCH PROCEEDING BROUGHT THEREIN HAS BEEN BROUGHT IN ANY INCONVENIENT FORUM.
GOVERNING LAW: This Agreement shall be governed, construed, and enforced in accordance with the Laws of the United States of America and laws of the State of Delaware, without regard to the conflicts of laws provisions therein.

FORCE MAJEURE: BattleByte Games LLC shall not be deemed in default of this License Agreement, nor shall you hold BattleByte Games LLC responsible for, any cessation, interruption or delay in the performance of its obligations due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of BattleByte Games LLC, provided that BattleByte Games LLC relying upon this provision: (i) takes all steps reasonably necessary to mitigate the effects of the force majeure event. (ii) If a force majeure event extends for a period in excess of 30 days in the aggregate, either Party may immediately terminate this Agreement upon written notice.

SEVERABILITY: You and BattleByte Games LLC agree that in the event any section or portion of a section of the License Agreement is determined to be invalid or unenforceable, THE REMAINDER OF THIS LICENSE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
CHANGES TO THE AGREEMENT OR AMENDMENT: BattleByte Games LLC may amend the terms and conditions of this End-User License Agreement at any time by reasonable notice, including without limitation by posting revised terms on its website or including a revised license agreement with a patch or update, the amended or revised license terms and conditions shall be binding upon you.

EXPORT CONTROLS: You must comply with all export and re-export restrictions and regulations, and you must not transfer, or encourage, assist, or authorize the transfer of BattleByte Games LLC's digital content, or BattleByte Games LLC's Software to a prohibited country. Expert Rifleman may not be re-exported, downloaded or otherwise exported into any country in which the United States has an embargo for goods, trade or other restriction of any kind. You signify and warrant that you are not located in, under the control of, or a national or resident of any such country.

ENTIRE AGREEMENT: You acknowledge that these Terms of Sale to purchase goods or services from the BattleBytestore replace and cancel all previous contracts or agreements, either written or oral, expressed or implied, between BattleByte Games LLC and you.