Privacy Policy

The terms of our Privacy Policy are incorporated into this EULA by reference and apply to the Software and related services. Additionally, by using the Software or any related service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send using the Software and related services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Limitations of Liability

Our maximum aggregate liability under or in connection with this EULA and/or the Software (including your use of any related services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount of fees you have paid the Software.

Termination

This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Fighter Base Publishing, Inc. This EULA will also terminate immediately if you fail to comply with any term or condition herein. Upon termination, for any reason:

  1. all rights granted to you under this EULA shall cease;

  2. you must immediately cease all activities authorised by this EULA, including your use of Software and any related services;

  3. you must immediately delete or remove the Software from all computers, and immediately destroy all copies of the Software and its documentation then in your possession, custody or control; and

  4. we may remotely block access to the Software and cease providing you with access to any related services.

The provisions that by their nature continue and survive will survive any termination of this EULA.

Events Outside of Our Control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of any distribution platform, such as Steam or other third party platform, or any public or private telecommunications networks (“Event Outside Our Control”).

  2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

    1. our obligations under this EULA will be suspended for the duration of the Event Outside Our Control; and

    2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

Other Important Terms

  1. We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.

  2. You may only transfer your rights or obligations under this EULA if we agree in writing.

  3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

  4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Governing Law

This EULA, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Arizona of the United States of America. In the event of a dispute related to this Agreement, you agree to the following:

  1. 1. You agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this EULA and/or your use of the Software or any related services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree any such arbitration is final and binding and subject to only very limited review by a court. You waive the right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this EULA and/or your use of the Software or any related services. All administrative fees and expenses of arbitration will be divided equally between you and Fighter Base Publishing, Inc. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
  2. 2. You must first present any claim or dispute to Fighter Base Publishing, Inc. and allow an opportunity to resolve the dispute through good faith discussions. You may request arbitration if such dispute cannot be resolved within 60 days after presenting the claim or dispute to Fighter Base Publishing, Inc.. Fighter Base Publishing, Inc. may request arbitration at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of JAMS as modified by this EULA. The place of any arbitration will be Phoenix, AZ, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this EULA provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Fighter Base Publishing, Inc., nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
  3. 3. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

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