TERMS OF USE

This document, together with the Privacy Policy, Help Column and any other policies or guidelines posted at https://opskins.com/privacy.html (the “Agreement”) is a contract between you (“you”) and OPSkins Group Inc., having its principal place of business at 301 Omer-Deserres, Suite 101, Blainville, Québec, J7C 0K2, Canada (“OPSkins”) concerning the conditions associated with your use of the website www.opskins.com (the “Site”) and of the services offered within this Site for the sale of virtual goods for use within computer games (the “Service”).

BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SITE, OR ANY SERVICES OFFERED BY OPSKINS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. OPSKINS RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OPSKINS’ SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS SITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. YOU ARE OBLIGATED TO REVIEW PERIODICALLY THIS AGREEMENT TO MAKE YOURSELF AWARE OF ANY CHANGES HERETO, AND YOUR CONTINUED USE OF THE SITE OR THE SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE THEREOF.

SECTION 12 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT.

  1. Conditions relating to use of the Service

You must be 18 or older to buy or sell items on the Site, regardless of any consent from your parent or guardian to use the Service.

Due to restrictions imposed by OPSkins third party service providers, OPSkins reserves the right to refuse service and/or to refuse pay out requests under the terms and conditions of this Agreement when so required by its third party service providers, to the fullest extent allowed by applicable law. OPSkins further reserves the right, in its sole and absolute discretion, to refuse service and to refuse pay out requests under the terms and conditions of this Agreement if OPSkins has reason to believe that the funds in your account are subject to any dispute as to the ownership of such funds or the means by which you acquired such funds.

You need a supported Web browser to access the Site and to use the Service. You acknowledge and agree that OPSkins may cease to support a given Web browser and that your continuous use of the Site and Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Site and Service is incumbent on the performance of your computer equipment and your Internet connection.

You agree to sign on and register for the Service through your Steam account provided by the Valve Corporation or Valve S.a.r.l. (individually and collectively, “Valve”). You are solely responsible for managing your account and password and for keeping your password confidential. You are also solely responsible for restricting access to your account. OPSkins is not affiliated in any way with Valve and its affiliates. YOU AGREE THAT THE TERMS OF THE STEAM® SUBSCRIBER AGREEMENT APPLY TO YOU IN ALL RESPECTS. ANY WARRANTY, RIGHT, OBLIGATION OR OTHER CONTRACTUAL RELATIONSHIP YOU HAVE WITH RESPECT TO YOUR STEAM ACCOUNT AND VALVE SHALL REMAIN CONSISTENT WITH BUT IN ADDITION TO THE TERMS OF THIS AGREEMENT.

You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party has access your password, use the password regeneration feature of the Site as soon as possible to obtain a new password. In all circumstances, you agree not to permit any third party to use or access the Service or Site through your password.

The selling and buying functionalities and processes of the Service are more fully described at https://opskins.com/?loc=shop_help. OPSkins may modify these functionalities and processes from time to time at its sole discretion without notice. You shall only make virtual items available for sale through the Service if you are the owner of these virtual items. OPSkins may, at its sole discretion, remove any item from the Service. You acknowledge and agree that the use of the Service may result in the purchase of virtual items that may be different from those that you have purchased from other users of the Site and Service. Such limitations are beyond OPSkins’ control. You may not use any form of unauthorized third-party software, scripts, or the such including, but not limited to: automation software (bots), mods, scrapers, “Userscripts”, “Addons”, “Extensions”, hacks, etc. to modify, automate, and/or change the purchasing process in any way and/or for the purpose of data collection. You will not engage in price-switching or price-baiting practices when using the Service and such practices will result in an automatic termination of your account, without a right to reimbursement or retrieval of any virtual items. OPSkins does not act as agent of the purchaser of your items or as your agent with respect to any transactions made using the Service.

Subject to the other provisions of this Agreement, the sums you deposit in your account remain under your control and will be used solely pursuant to your instructions in accordance with this Agreement. OPSkins withdraws a commission from these sums only in accordance with this Agreement. You acknowledge and agree that use of the Site and Service, including any realization of any of its buying or selling functionalities, is performed in accordance with the terms of this Agreement. All past use of “OP points” or similar functionalities are converted to their expression in USD at the rate of 1,000 OP Points for $10 USD as of November 7, 2015.

OPSkins’ Refund Policy relating to the Service is more fully described at https://opskins.com/?loc=shop_help. OPSkins may modify these processes and related functionality from time to time at its sole discretion without notice. You understand and agree that any refunds and access to the sums deposited in your account depend on a number of factors, including the applicable policies of OPSkins’ third party service providers. In some instances, OPSkins may charge you an administrative fee to process refund requests where such fees are imposed to OPSkins by third party payment processors. Please read OPSkins’ Refund Policy carefully, as it is distinct from the Service’s cash-out policies.

As a condition to your use of the Site and Service, you agree not to: (a) impersonate or misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-public areas of the Site and Service or OPSkins’ computer systems; (c) attempt to probe, scan, or test the vulnerability of the Site, Service or any related system or network or breach any security or authentication measures used in connection with the Site, Service and such systems and networks; (d) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software or components used to provide the Site or Service; (e) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Service, or otherwise; (f) provide payment information belonging to a third party; (g) use the Site or Service in an abusive way contrary to its intended use, to OPSkins’ policies and instructions, to any obligation you owe to any third party, or to any applicable law; (h) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (i) make use of the Site or Service in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Site and Service, such as PayPal or Valve; (j) infringe third party intellectual property rights when using or accessing the Site or Service, including but not limited to in making available virtual items by using the Service; and (k) make use of, promote, link to or provide access to materials deemed by OPSkins, at its sole discretion, to be offensive or cause harm to OPSkins’ reputation, including, but not limited to, illegal content and pornographic content and other content deemed offensive or injurious to OPSkins and/or the Service (such as Warez sites, IRC bots and bittorent sites).

Your online conduct and interaction with other users of the Site and Service should be guided by common sense and basic etiquette. OPSkins may terminate your account or access to the Site or Service at any time, which may include the forfeiture and loss of any funds in your account (in OPSkins’ sole discretion), for any conduct or activity that OPSkins believes, in its sole discretion, is illegal, violates the terms of this Agreement, or otherwise negatively affects the enjoyment of the Site and Service by other users. You acknowledge that OPSkins is not required to provide you notice before terminating your access to the Service or the Site, which may include the forfeiture and loss of any funds in your account, but it may choose to do so.

Please consult https://opskins.com/?loc=shop_help for more information on the pricing and features of the “Premium Bundle” subscription plan. You acknowledge being bound by the terms and conditions of this subscription plan if you have registered for it.

Due to restrictions imposed by OPSkins’ third party service providers, you are not allowed to use the Service if we identify your IP address or address of residence or use of the Service as originating from Cuba, Iran, Syria, Sudan, North Korea, Bangladesh, Ecuador and Kyrgyzstan.

  1. Additional Terms and Conditions; EULAs

When you use any third-party payment processor (hereinafter referred to as a “payment processor”) to make a purchase on this Site, responsibility over your purchase will first be transferred to the payment processor before it is delivered to you. The payment processor assumes primary responsibility, with OPSkins’ assistance, for payment and payment related customer support. The terms between the payment processor and customers who utilize the services offered by the payment processor are governed by separate agreements and are not subject to the Terms on this Site.

With respect to customers making purchases through the payment processor’s checkout functionality, (i) the privacy policy of the payment processor shall apply to all payments and should be reviewed before making any purchase, and (ii) the payment processor refund policy shall apply to all payments unless notice is expressly provided by the relevant supplier to buyers in advance. In addition, the purchase of certain products may also require shoppers to agree to one or more End-User License Agreements (or “EULAs”) that may include additional terms set by the product supplier rather than by OPSkins or The payment processor. You will be bound by any EULA that you agree to.

OPSkins and/or entities that sell products on this Site by using a payment processor’s services are primarily responsible for warranty, maintenance, technical or product support services for those products. OPSkins and/or entities that sell products on the Site are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. The payment processor is primarily responsible for facilitating your payment.

You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body. Any separate charges or obligations you incur in your dealings with other third party service providers are your responsibility. OPSkins makes no express representations or warranties and hereby disclaims any implied warranty regarding any third party site or services. In particular, OPSkins makes no representation or warranty and disclaims any implied warranty that any service or subscription offered via third-party vendors will not change or not be suspended or terminated.

For customer service inquiries or disputes, please submit a ticket on www.opskins.com.

Questions related to payments made through the payment processor payment should be addressed to support@g2a.com.

When possible, OPSkins will use commercially reasonable efforts to work with you and/or any user selling on the Site to resolve any disputes arising from your purchase.

  1. Fees and Payment

OPSkins shall charge all applicable fees on the PayPal, BitPay or Paymentwall account associated to your OPSkins account. You are responsible for providing OPSkins valid information for making and receiving payments, in compliance with the Privacy Policy. You may modify this information by making a request via the “Support Ticket” functionality available at https://opskins.com/?loc=support_tickets. You must submit a support ticket with your new account information if this information changes.

OPSkins accepts no liability and specifically disclaims any implied warranty to complete any transaction which cannot be cleared by its payment processors, whether because there are not sufficient funds available on your credit card, issues related to identity or localization or otherwise. OPSkins reserves its right to verify and approve any and all transactions made by you when using the Service to ensure that they comply with this Agreement and the terms imposed to OPSkins by third party service providers. You expressly acknowledge and agree that such verifications may require you to provide OPSkins with additional personal information in order to verify and confirm your identity and to perform verifications aimed to deter fraud and misuse of the Service, in compliance with OPSkins’ Privacy Policy. OPSkins may suspend your account and contact you so you can provide OPSkins with additional information required to process payments. Such suspension shall not relieve you from your obligation to pay any fees owed to OPSkins.

All monies stipulated in this Agreement and in the Service are expressed in USD and include all applicable taxes.

All virtual items that you make available via the Service are made available for a final, non-refundable sale to other users of the Service. Making or receiving payments on the Service may be delayed while OPSkins validates your compliance with this Agreement. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of virtual items, including, but not limited to, PayPal’s “Claims and Dispute” mechanism. The first instance of initiating such a claim and dispute procedure will result in a 24-hour suspension of your account for use of the Service. Any other instance of initiation of a claim and dispute procedure may result in automatic termination of your individual account and use of the Service. You will exclusively submit any disagreement, dispute, complaint or query by means of the “Support Ticket” functionality available at https://opskins.com/?loc=support_tickets. Any other media or communication sources (including Reddit, email, group pages and the like) do not constitute a valid means to engage with OPSkins for support. Any refunds for items purchased following your instructions shall be at OPSkins’ sole and exclusive discretion, and provided only on an exceptional basis.

If you choose to proceed with the payout functionality with bitcoin as the third party service provider, the daily maximum of such payouts shall be limited to $2,999.00 USD by virtue of limitations imposed on OPSkins by its third party service providers.

  1. Termination

You may cancel your individual account at any time by making a request via a support ticket. OPSkins reserves the right to suspend or end your use of the Service at any time at its discretion and without notice. For example, OPSkins may suspend or terminate your use of the Service if you are not complying with this Agreement, or you are using the Site or Service in a manner that would cause OPSkins legal liability, disrupt the Site or Service or disrupt others’ use of the Site or Service.

OPSkins reserves the right to temporarily or permanently discontinue the Site or Service at any time. OPSkins will deploy commercially reasonable efforts to notify you of such discontinuation, for example, by posting updates and notices on various social media. If you breach this Agreement, OPSkins will have the right to terminate this Agreement immediately, and to deactivate your account, without notice.

  1. Proprietary Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of OPSkins and third-parties providing facilities and technology for its operation. The Site and Service are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Service.

OPSkins grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Site and Service solely for your own personal purposes as an individual consumer. This right to access confers no title or ownership in the Site or Service. Except as otherwise provided by this Agreement, you may not use the Site or Service for any purpose other than your permitted access to the Site and Service, to make personal, non-commercial use of the Service and Service. Except as otherwise permitted under this Agreement, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Site or Service or any software accessed via the Site without the prior written consent of OPSkins.

You are entitled to use the Service and Site solely for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Service to other parties in any way, nor to rent, lease or license the Service to others without the prior written consent of OPSkins, except to the extent expressly permitted elsewhere in this Agreement; (ii) host or provide matchmaking services for the Service or emulate or redirect the communication protocols used by OPSkins in any network feature of the Service, through protocol emulation, tunneling, modifying or adding components to the Service, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of OPSkins; or (iii) exploit the Service or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement.

  1. Disclaimer of Warranty and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OPSKINS MAKES NO WARRANTY OR REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES REGARDING THE SITE AND SERVICE, INCLUDING THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SITE AND SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED. OPSKINS PROVIDES THE SITE AND SERVICE “AS IS” AND “AS AVAILABLE”. YOU USE THE SITE AND SERVICE AT YOUR OWN RISK, AND THE SITE AND SERVICE MAY BE TERMINATED AT ANY TIME BY OPSKINS OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION. OPSKINS DOES NOT ENCOURAGE, CONDONE OR PROMOTE THE COMMERCIAL USE OF THE SITE AND SERVICE.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OPSKINS’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL OPSKINS AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR LOSS OF ANY UNREALIZED SAVINGS OR EXPECTED BENEFIT, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF OPSKINS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT OPSKINS IS FOUND LIABLE TO PAY YOU ANY DAMAGES, INCLUDING REIMBURSEMENT OF EXPENSES LIKE ATTORNEYS’ FEES, OPSKINS’ TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

  1. Indemnification

You agree to defend, indemnify, and hold harmless OPSkins, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or the Service.

  1. Investigation; Enforcement

OPSkins will have the right to investigate and prosecute violations of any term or provision of this Agreement or your use of the Site and Service, including without limitation, possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. OPSkins may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement or other applicable law. You acknowledge that, although OPSkins has no obligation to monitor your access to or use of the Site and Service, it has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You further acknowledge that during the pendency of any investigation, OPSkins may revoke your access to the Site, the Service or any funds you may have deposited or received with respect to the Service.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD OPSKINS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OPSKINS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OPSKINS OR LAW ENFORCEMENT AUTHORITIES.

  1. Amendments

OPSkins may amend this Agreement or any section of this Agreement, in whole or in part, at any time, subject to applicable law. Your continued use of the Site or Service after the effective date of such amendment constitutes your acceptance of this Agreement, as amended.

  1. Applicable Law; Jurisdiction

For all users outside of the European Union:

This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents to be performed in Quebec. Subject to Section 12 (Dispute Resolution; Binding Arbitration; Class Action Waiver), the Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.

For users inside the European Union:

In the event of a dispute relating to the interpretation, the performance or the validity of this Agreement, an amicable solution will be sought before any legal action. You can file your complaint at https://opskins.com/?loc=support_tickets. In case you and OPSkins are unable to resolve  your dispute, you may, within one year of the failed request, file an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show, or on the European Consumer Center’s website: http://www.europe-consommateurs.eu/en/home/.  In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

  1. General Provisions

This Agreement is the entire and exclusive agreement between OPSkins and you regarding the Service, and this Agreement supersedes and replaces any prior agreements or understandings between OPSkins and you regarding the Site and Service.

If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed to be severed from this Agreement and shall not affect the validity of this Agreement as a whole.

You shall not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder to any third party without the prior written consent of OPSkins, which consent is within OPSkins’ sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. OPSkins shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and OPSkins.

The failure of OPSkins to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement or any party hereof by OPSkins must be in writing and signed by an authorized representative of OPSkins.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.

  1. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

This Section 12 shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section notwithstanding Section 10 (Applicable Law; Jurisdiction), such provisions will not apply to you. IN PARTICULAR, IF YOU ARE AN EU USER, THIS SECTION DOES NOT APPLY TO YOU.

Most user concerns can be resolved by use of our Support Ticket system available here: https://opskins.com/?loc=support_tickets. If OPSkins is unable to resolve your concerns and a dispute remains between you and OPSkins, this Section explains how the parties have agreed to resolve it.

YOU AGREE TO RESOLVE ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST OPSKINS IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS YOU MAY HAVE ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND OPSKINS; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE SITE OR SERVICE, YOUR ACCOUNT OR THE CONTENT OF THE SITE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY OR IF SUCH CLAIM COULD OTHERWISE BE BROUGHT IN SMALL CLAIMS COURT.

However, this Section does not apply to claims brought by OPSkins against you. OPSkins, in its sole discretion, may (i) bring any claim it may have against you in any court with jurisdiction or (ii) elect to commence an arbitration proceeding relating to such claims. Subject to limitations imposed by applicable law, in the event that OPSkins prevails in any legal suit, action, or proceeding, including arbitration, between you and OPSkins regardless of whether you or OPSkins initiated such suit, action or proceeding, you shall be obligated to pay, in addition to all other damages to which OPSkins may be entitled to receive, the costs incurred by OPSkins in conducting the suit, action, or proceeding, including attorneys’ fees and expenses and court or arbitration costs.

This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

You and OPSkins agree to make reasonable, good faith efforts to informally resolve any dispute before you initiate arbitration. If you intend to seek arbitration, you must first send OPSkins a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and OPSkins do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you may commence an arbitration proceeding and OPSkins may commence an arbitration proceeding or file an action relating to such dispute in any court with jurisdiction. Written notice to OPSkins must be sent via postal mail to: ATTN: Arbitration Notice, OPSkins Group Inc., 301 Omer-Deserres, Suite 101, Blainville, Québec, J7C 0K2, Canada.

Civil Code of Procedure (R.S.Q., c. C-25 (as amended), Articles 940-952) and the Quebec Civil Code (S.Q. 1991, c. 64, Articles 2638-2643, 3121, 3133, 3148 and 3168) apply to this Section. Any disputes that are subject to arbitration as required by this Section, will be finally resolved under the Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”), as modified by this Agreement, a copy of the Arbitration Rules is available at http://www.adric.ca/. The arbitrator is bound by the terms of this Agreement.

The ADRIC will administer the arbitration. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.

YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF ADRIC’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

If the provisions in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal or unenforceable, you and OPSkins agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration.

  1. Contact

If you have any concern, question or complaint regarding this Agreement, please contact OPSkins at:

info@opskins.com   

Date of Last Revision: April 5, 2017