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Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of following the date you first agree to these Terms of Service, you must send a letter to Palace Skateboards US Online Inc, Attn: General Counsel, Palace Skateboards US Online Inc, 100 Fulton Street, Boonton, NJ 07005 that specifies (1) your name, (2) your mailing address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to you, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Palace Skateboards makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Palace Skateboards's address), you may reject any such change by sending a letter to Palace Skateboards within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
Which law applies to these Terms of Use?
Any dispute over the content or use of the Website shall be governed and construed in accordance with the substantive laws of the United States and the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York for any action arising out of or relating to these Terms of Use.
Eligibility
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms of Use, and (iii) you will abide by all these Terms of Use. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Palace Skateboards products or purchase Palace Skateboards products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a user is engaging in fraudulent, objectionable or grey market activities, we may refuse such order.
Copyright Infringement
We respect the intellectual property rights of others, and require that people who use the Website and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please see our DMCA Policy.
Entire Agreement
These Terms of Use, the Privacy Policy and the Purchasing Policy constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms of Use to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Amendment
Palace Skateboards may update or amend these Terms of Use from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms of Use. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms of Use.
General
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms of Use. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. All notices and other communications under the Terms of Use must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to onlineusa@palaceskateboards.com or by writing to us at Palace Skateboards US Online Inc, 100 Fulton Street, Boonton, NJ 07005.
How can I contact you?
If you have any questions regarding the Terms of Use or the Website or Service, please email us at onlineusa@palaceskateboards.com.