Terms of Use
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Please read this agreement carefully before accessing or using this site. By accessing or using
the site, you agree to be bound by this agreement. The information and services on this site are
provided by A+ Video Games and its suppliers. By accessing and using this site,
you agree to the terms and conditions below.
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Disclaimer of Warranty
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A+ VIDEO GAMES AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS
CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
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Limitation of Liability
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IN NO EVENT SHALL A+ VIDEO GAMES OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THIS
AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH
LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF
LIABILITY.
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Indemnification
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You agree to indemnify, defend and hold harmless A+ Video Games, its affiliates and
suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees)
related to (i) your violation of this agreement, and (ii) your posting of material to this site.
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Proprietary Rights
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All materials on this site, except property information and photos,
(as well as the organization and layout of the site) are owned and
copyrighted by A+ Video Games or its suppliers and may be accessed, downloaded or
printed for your personal non-commercial use only. Without the prior written permission of
A+ Video Games or its suppliers, you may not copy, distribute or transfer any material on
this site, except for property information and photos, for in whole or in part.
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Changes to Site
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A+ Video Games and its suppliers may make improvements or changes in the information,
services, products, and other materials on this site, or terminate this site, at any time without
notice. A+ Video Games may modify this agreement at any time, and such modifications
shall be effective immediately upon posting of the modified agreement. Accordingly, you agree
to review the agreement periodically, and your continued access or use of this site shall be
deemed your acceptance of the modified agreement.
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Miscellaneous
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This agreement and the resolution of any dispute related to this Agreement or the site shall be
governed by and construed in accordance with the laws of New York, without giving effect to
any principles of conflicts of law. A+ Video Games failure to insist upon strict enforcement
of any provision of this agreement shall not be construed as a waiver of any provision or right.
Any legal action or proceeding between A+ Video Games and you related to this agreement
shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York,
County of Monroe and/or the Western District of New York.
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Links to Other Web Sites
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This site may include links to other Internet sites solely as a convenience to users.
A+ Video Games does not endorse any such sites or the information, material, products or
services contained on or accessible through the sites, and you access and use such sites,
including information, material, products and services therein, solely at your own risk.
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