Terms of service

Last modified on September 1, 2019

PURESKILL.GG, THE FIRST PRODUCT OF FPS CRITIC, LLC,  A NORTH CAROLINA LIMITED LIABILITY COMPANY (“PURESKILL.GG,” “COMPANY”, “WE,” “US,” OR “OUR”). THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND PURESKILL.GG. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE AND/OR USING OUR SERVCIES. YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES ACCESSED THROUGH HTTPS://WWW.PURESKILL.GG/PRIVACY (THE “SERVICE”) IS GOVERNED BY THESE TERMS OF SERVICE (“TERMS”), WHICH HEREBY INCORPORATE BY REFERENCE THE PURESKILL.GG PRIVACY POLICY.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

1. USE OF SERVICE

(a) Eligibility. You may use the Service only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and foreign laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms and you agree that you will not allow your minor children under the age of 13 to engage in such use. You may not use the Service if you have previously been removed or banned from the Service by Pureskill.gg.

By using the Services, you agree to be bound by these Terms and the Privacy Policy (available at https://www.pureskill.gg/privacy) (the “Privacy Policy”) that is incorporated by reference into these Terms. If you don’t agree to be bound by these Terms, do not use the Services. “you” and “your” will refer to you, individually.

(b) Account Requirement.  In many instances your ability to use the Services or Products (defined below) require you to have to have a Steam Account (“Steam Account”). We do not administer any such Steam Account, rather, they are administered by Valve Corporation. You are responsible for all activities that occur under any Steam Account associated with you, whether or not you know about them. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Steam Account. You may be liable, however, for losses incurred by Pureskill.gg or third parties due to someone else’s use of your Steam Account.

(c) Restrictions. You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.,;
(iii) transmitting spam, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose in our sole judgment compromises our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xii) bypassing the measures we may use to prevent or restrict access to the Service;
(xiii) sell, assign, rent, lease, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products’ (defined below) licensors;
(xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per-user limitations; or
(xv) except as otherwise specifically set forth in a licensor’s end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products in any manner other than for your own private, non-commercial, personal use.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user; provided, however, the you may make personal videos reflecting your experience with the Service and what you learned from the Streaming solely for educational, non-commercial purposes.

YOU ACKNOWLEDGE AND AGREE THAT PURESKILL.GG HAS THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION, WITHOUT ANY LIABILITY TO YOU OF ANY KIND AND IN ADDITION TO ALL OF ITS OTHER RIGHTS UNDER THESE TERMS, IN LAW AND AT EQUITY, TO CANCEL ANY AND ALL DOWNLOAD PAGES, PRODUCT USE, ETC. FOR SERVICES AND/OR PRODUCTS YOU HAVE PURCHASED SHOULD PURESKILL.GG DETERMINE IN ITS SOLE DISCRETION THAT YOU HAVE VIOLATED ANY OF THESE RESTRICTIONS.

(c) Termination of Service or Access. We may, without prior notice, change the Service; stop facilitating the Service or features of the Service, to you or to users generally; or create other limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service or ability to purchase Products without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

(d) Your Information. The Service is primarily offered to end user customers who wish to purchase products or product rights  only for sales of products or product rights (collectively, “Products”) to end user customers for their personal, non-commercial use. The personal information you submit to the Service is subject to Pureskill.gg’s Privacy Policy, which is expressly made part of these Terms. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service.

 (f) Product Requirements. Use of the Service and/or Products requires a compatible computer, Internet access, and certain software, and may require obtaining patches, updates or upgrades from time to time. Because use of the Service and/or Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the information page for each Product. In addition to a Steam Account, certain Products may require you to register with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. Pureskill.gg does not assume any responsibility or liability for any such fee, account or third party software or content.

2. PAYMENT; ORDERS; AND DELIVERY

(a) Pricing of Products. Your purchase price will include the price of the Service and/or the Product plus any applicable taxes in effect on the time of purchase, and based on country data you provide on your download page. Pureskill.gg reserves the right to change prices and availability of Services and Products at any time. If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on Pureskill.gg’s part to invoice you for any applicable taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.

(b) Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Pureskill.gg reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.

(c) Payment for Products. Products and Service are purchased through the payment providers as may be indicated on a purchase page. You agree to pay for all Products you purchase through the Service, and that Pureskill.gg may charge your chosen payment method for any Products purchased, and for any additional amounts (including any taxes, late fees) as may be accrued by or in connection with your account. We will automatically charge you for the Services and Products. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase. If you use the services of an alternate payment method provider (e.g. PayPal or your credit card provider), you will be bound by that party’s terms and conditions, which are available on that party’s website. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. Pureskill.gg Pureskill.gg reserves the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. PAYMENTS ARE NONREFUNDABLE. THERE ARE NO REFUNDS OR CREDITS.

 (h) Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Pureskill. You may also have additional rights under applicable law.

(i) Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the intended use of our Products and Services. Your exclusive and sole remedy with respect to any Product or Service that is not accessible within a reasonable period will be either replacement of such Product or Service, a credit for future use towards another Product or Service, or a return of the purchase price, as determined by Pureskill.gg Pureskill.gg in its sole discretion. Pureskill.gg Pureskill.gg shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer’s performance and the speed of your internet connection. Our obligation to deliver any Product or Service to you shall be complete at the time when and place where you first receive the information necessary to use such Product or Service. Once we have delivered our Product or Service, including in certain instances the results associated with any gaming use, it is your responsibility to keep such Product or Service from being misplaced, damaged or destroyed, and Pureskill.gg Pureskill.gg shall be without liability to you in the event of any loss, damage or destruction. Pureskill.gg Pureskill.gg encourages all its users to back up and save any results from our Products and Services.

(j) No Ongoing Obligations. Notwithstanding any other provision of these Terms, Pureskill.gg Pureskill.gg and its affiliates reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products or Services, content, or other materials comprising a part of or sold through the Service at any time without notice. In the event that Pureskill.gg Pureskill.gg changes any part of the Service or discontinues the Service, which Pureskill.gg Pureskill.gg may do at its election, you acknowledge that you may no longer be able to use such Products or Services, and that Pureskill.gg Pureskill.gg shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product or Service (although Pureskill.gg Pureskill.gg may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

3. CUSTOMER SERVICE

(a) Assistance with Orders. For assistance with billing questions or other order inquiries, please contact us at contact@pureskill.gg.

(b) No Refund Policy. There are no refunds in connection with the use of our Service.

4. TERM AND TERMINATION

(a) Termination by Pureskill.gg. If you fail, or Pureskill.gg, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Pureskill.gg Pureskill.gg with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, Pureskill.gg, at its sole discretion, without notice to you may:
(i) terminate these Terms and/or your download page, and you will remain liable for all amounts due up to and including the date of termination; and/or
(ii) terminate the license to the software; and/or
(iii) preclude access to the Service (or any part thereof). No such termination by Pureskill.gg Pureskill.gg shall limit any other rights Pureskill.gg Pureskill.gg may have in law or at equity.

(b) Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to Pureskill.gg. Pureskill.gg Pureskill.gg reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination.

(c) Survival of Terms. Notwithstanding any termination or expiration of these Terms, any terms which by their nature are intended to survive shall survive.

5. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY

(a) Disclaimer of Warranties. PURESKILL AND ITS AFFILIATES DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT ANY PRODUCT OR SERVICE AND YOUR USE THEREOF AND INFORMATION CONTAINED THEREIN WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PURESKILL MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY PURESKILL) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND PURESKILL AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

(b) Liability Limitations. IN NO CASE SHALL PURESKILL, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE “PURESKILL PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PURESKILL PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN LIMITATIONS OF LIABILITY, INCLUDING FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE PURESKILL PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 (c) Indemnity. By using the Service, you agree to indemnify and hold Pureskill.gg, its affiliates, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys’ fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. OTHER LEGAL TERMS

(a) Changes. Pureskill.gg Pureskill.gg reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service or Products. If we amend these Terms, we will post the amended version of these Terms on the Site. If a material change is made to these Terms, then Pureskill.gg will post a notice at PURESKILL.GG. You understand and agree that you will be deemed to have accepted the amended Terms if you use the Service after any such change. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. No Pureskill.gg employee or agent has the authority to vary any of the Service’s policies or these Terms governing any sale.

(b) Enforcement of These Terms. Pureskill.gg reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Pureskill.gg’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

(c) No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Pureskill.gg may provide links to certain third party websites. You acknowledge and agree that Pureskill.gg is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Pureskill.gg does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

(d) Intellectual Property Notice. You agree that the Service (along with all text, code, graphics, sounds, screen shots, video clips, data, demos and content therein) and the Products are owned by Pureskill.gg and/or its licensors, contain proprietary information and intellectual property rights that are owned by Pureskill.gg and/or its licensors, and are protected by applicable U.S. and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the Service or any Product, or to violate any agreement applicable to the use of such software, without the prior written consent of Pureskill.gg or its applicable licensors. All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by Pureskill.gg and/or its licensors. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Pureskill.gg and/or its licensors. Pureskill.gg, the Pureskill.gg logo, and other Pureskill.gg trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Pureskill.gg in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.

(e) Submissions. You may choose to, and we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pureskill.gg under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Pureskill.gg does not waive any rights to use similar or related ideas previously known to Pureskill, or developed by its employees, or obtained from sources other than you.

(f) Export Control. You agree to abide by U.S. and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any Product or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.

(g) Notices. Pureskill.gg may send you notice with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Service. Notices shall become effective immediately. Pureskill’s main offices are located at:

FPS Critic, LLC
516D River Highway
STE 358
Mooresville, NC 28117
United States

 (h) Governing Law. The Service is controlled and operated by Pureskill.gg from its offices in the United States. These Terms shall be governed by U.S. Federal law and the laws of the State of North Carolina, U.S.A., without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Charlotte, North Carolina, U.S.A. in all disputes arising out of or relating to the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

(i) ARBITRATION NOTICE: Except for any court action: (i) seeking to challenge the enforceability of the binding arbitration provisions of these Terms; or (ii) filed after a court of competent jurisdiction has declared such arbitration provisions to be unenforceable, all controversies and disputes between the parties arising out of or related to these Terms or the relationship of the parties under these Terms, irrespective of the type of claim, shall be determined by binding arbitration under the North Carolina Revised Uniform Arbitration Act (the “Act”). The decision of the arbitrator shall be final and binding on all parties to that proceeding and a judgment upon the arbitrator’s award may be entered in any court having jurisdiction thereof. Except as expressly provided otherwise in these Terms, a party may initiate an arbitration proceeding by sending written notice of such (the “Arbitration Demand”) to the other party at any time prior to the date the claim is barred by the applicable statute of limitations. That notice shall specify the nature of the dispute. The arbitration shall be held in Raleigh, North Carolina.  Notwithstanding any provisions of the Act to the contrary: (a) the parties shall be entitled to conduct discovery as provided under the North Carolina Rules of Civil Procedure so long as that discovery is concluded within 90 days of the date of the Arbitration Demand unless otherwise ordered by the arbitrator; and (b) the arbitrator shall have the authority to award injunctive relief and to impose sanctions under NCRCP Rule 37 and other applicable rules. All disputes relating to discovery which cannot immediately be resolved by the parties shall be submitted to the arbitrator for an expedited ruling. The arbitration shall be conducted by a single arbitrator mutually acceptable to the parties, or, if the parties are unable to agree upon a single arbitrator within 20 days of the date of the Arbitration Demand, then by a single arbitrator appointed by a Mecklenburg County Superior Court Judge. Unless the arbitrator awards otherwise, the cost of the arbitration shall be ratably borne by the parties to the proceeding.

YOU AND PURESKILL AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

You may opt out of the agreement to arbitrate. If you opt out in accordance with this Section, neither you nor Pureskill.gg can require the other to participate in an arbitration proceeding. To opt out, you must notify Pureskill.gg in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

FPS Critic, LLC
ATTN: LEGAL: Arbitration Opt-Out
516D River Highway
STE 358
Mooresville, NC 28117
United States

You must include your name and residence address, the email address that you use for your Pureskill.gg account, and a clear statement that you want to opt out of this arbitration agreement.

(j) Third Party Beneficiaries. You acknowledge and agree that to the extent you purchase a software Product through the Service which does not have a separate end user license agreement, the licensor of that Product is a third party beneficiary with respect to these Terms with full power and authority to enforce the provisions of these Terms with regard to that licensor’s Product. Section 5 of these Terms shall apply to each licensor as if that licensor directly made those disclaimers and limitations of liability.

(k) Miscellaneous. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pureskill.gg without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms constitute the entire agreement between you and Pureskill.gg and governs your use of the Service, superseding any prior agreements between you and Pureskill.gg You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Pureskill’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. Pureskill.gg will not be responsible for failures to fulfill any obligations due to causes beyond its control.