Terms & Conditions

Terms & Conditions 

Last Updated: February 20, 2024 

These Terms of Service (“Terms”) apply to your access to and use of the website, Application, and services (collectively, our “Services”) of Round1 Entertainment Inc. and its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity to any of the foregoing (“Company,” “us,” or “we”). 

TO ACCEPT THESE TERMS AND HAVE A MEMBERSHIP, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR MEMBERSHIP IS REGISTERED. 

Clicking, having a membership, or otherwise using our Services indicates your acceptance of these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in the Dispute Resolution & Binding Arbitration section below, you may not use our Services. 

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. 

Eligibility 

The Services are intended for access and use from within the continental United States, Alaska, Hawaii, Puerto Rico or other U.S. territories (the “United States”). If you choose to access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply. 

The Services are for personal use only. You may not use the Services if you have previously been suspended or removed from the Services. 

 
Minors 

Our Website and Application are not intended for minors (e.g., individuals under 18 years of age, or as may be applicable for the appropriate jurisdiction). Minors shall not provide any personal information to or on our Services. We do not knowingly collect personal information from minors. If you are a minor, do not use or provide any information on our Website and/or Application on or through any of its features and/or links. If we believe we have collected or received personal information from a minor, we will delete that information. If you believe we might have any information from or about a minor, please contact us at privacy_notice@round1usa.com.  

Membership 

You may need to register for a membership account to access some of our Services. If you register for a membership, you must provide accurate account information and promptly update this information if changes occur. You must maintain the security of your membership and any account credentials, and you are responsible for any activities on your membership. Promptly notify us if you discover or suspect that someone has accessed your membership without your permission. If you permit others to use your account credentials and/or membership, you are responsible for the activities of those users. 

Limited License 

Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein, are owned by or licensed to the Company. Except as explicitly stated in these Terms, the Company and our licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use and to install our mobile application on a device that you own or control; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use our Services; (b) copy, reproduce, distribute, publicly perform, or publicly display the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; (d) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; or (e) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the limited license granted herein.  

Mobile Application 

Use License 

If you are accessing our Website and Services through our mobile application (the “Application”), then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices that you own or within your control, and to access and use the Application on such devices strictly in accordance with the terms and conditions of this license. You agree not to: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or otherwise attempt to copy the source code of the Application; (ii) modify, change, adapt, enhance, translate, improve, or make derivative work based on the Application; (iii) use or otherwise access our Application to violate or in violation of any applicable laws, rules, or other regulations; (iv) use the Application for any endeavor which may be deemed to be a commercial enterprise, to commit fraud, to generate revenue, or any other purpose that you are not permitted to use the Application for; (v) use or make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (vi) make use of the Application for the purpose of creating a competing product , service, or software, whether such competition is indirect or direct, or in any way substitutes the Application for yourself or other users; (vii) use the Application to send automated queries to any websites or internet services, or to send any spam mail or other unsolicited commercial e-mail; or, (viii) use any proprietary or confidential information or any of our user interfaces or other intellectual property in the design, development, licensing, or distribution of any application, accessories, or devices for use with the Application. 

Device Terms 

Whether you are accessing our Application as downloaded via the Apple Store or Google Play (each a “Distributor”) to access our Website and our Services, you agree that: (i) the license granted to you to use our Application is limited to a non-transferable license to use the application on a device that utilizes either the Apple iOS or Android operating systems, as may be applicable, and in accordance with the rules set forth by the respective Distributor’s terms of service in connection with those applications and systems; (ii) we are responsible for maintenance and support services with respect to the Application, and you acknowledge that the Distributors have no obligation whatsoever to furnish any maintenance or support services to you as it relates to the Application; (iii) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable Distributor, and any purchases made may be refunded by the Distributor, subject to and in accordance with the Distributor’s terms, policies, conditions, and rules (with no other warranty obligations other than those specified in such terms); (iv) you represent and warrant that you are no located in a country subject to a U.S. embargo, or as may be designated as a “terrorist supporting” country, and that you are not listed as a person who is prohibited or restricted under any U.S. government lists; (v) you will comply with any applicable third-party agreements when using the Application; and (vi) you acknowledge and agree that the Distributors are third-party beneficiaries to these terms and conditions as it relates to the Application, and that each Distributor shall have the right to enforce the terms and conditions contained herein to use against you in their capacity as a third-party beneficiary. 

Use of Application 

To use our Application, you are required to either have or create a Round1 Entertainment Account. An account will require a valid e-mail address or phone number that can be entered into on the Application. Once you have already registered, you may use the Login function to access your account. We reserve the right to change any requirements we may have for using the Application at our sole discretion. 

Users of our Application can make purchased via our application for credits for game play at any of our locations, track unused credits for gameplay, book event and party packages, manage events and parties, receive deals and other promotions, manage deals and other promotions, become a member of Round1 Entertainment, manage your membership with Round1 Entertainment, register and participate in Round1 Entertainment’s Spo-Cha, and other Services we may offer in the future. Users of our Application may also purchase Game Credits to use on our Round1 Game Card (see below for a list of locations where Game Credits purchased via the Application can be applied to the Round1 Game Card). 
 
There may be additional and new offers, enhancements, purchased additions that we may make available from time to time. You may also opt in for notifications through the Application at your consent. We occasionally use push notifications to give you notice about Round1 deals and offers, and also as they may be related to your account, membership, or bookings you make. These notifications may be turned off through your account settings on the Application. You may still receive certain In-App notifications related to the application itself even if you opt not to receive push notifications. 

Consent to Use Data 

To assist us in providing support services, Application development, improvements, and other services, you agree that we may use cookies, web beacons, and other analytic technologies to collect, use, store, and transmit technical and related information regarding your mobile device (including MAC Addresses, and unique device identifications), IP address, geo-location, device make and model, operating system, software and applications (including usage data), location identifiers, and name of Round1 Entertainment facilities where the Application may be used by you. In addition, we and our affiliate third parties may collect, store, use, and transmit game play data, third party account authorization data, session data, browser identifiers, connection type, carrier information and other online and Application usage data and other purchase metrics, statistics, or analytics. We may use this information alone and in combination with information you provide to us directly, if any, to assist us in developing and improving our products and serv ices, tailor and customize your experience, and otherwise understand which of our services you are using. The servers and equipment on which your data is stored and processed may be owned and operated by a third party with whom we have contracted to receive, store, and process your Personal Information (see our Privacy Policy). Further, we and certain designated third parties may further transfer, store, and process your Personal Information on servers and equipment located in other countries. You should be aware that data protection laws of other countries may not be the same as the data protection laws of your country of residence. By submitting your Personal Information through our Application, you agree to the transfer, storage, and processing of your Personal Information as described in this section. Please visit our Privacy Policy for additional information about the use of your Personal Information. 

Game Credits and Redemption Points 

Round1 “Game Card” 
Round1 uses a game card (the “Game Card”), a stored-value card with a magnetic strip or an embedded Radio Frequency Identification chip that allows you to play games at Round1 facilities. By purchasing, refilling credits, or using the Game Card, you agree to be legally bound to the Terms contained herein, and agree to these Terms as may be amend, without further notice to you. If you wish to review the latest version of these Terms, you may review them on our website or upon request at the counter. Use of the Game Card is subject to restrictions based on the Round1 facility, see Game Card Use below. 

The Game Card allows users to pay for credits at selected games by swiping the Game Card in the card reader attached to selected games. Certain games may not be paid for with the Game Card. The credit price to play a game will be displayed either on or near the card reader, or on the game itself. 
 
Round 1 is not responsible for any lost, stolen, or damaged Game Cards containing credits. Round 1 may offer a replacement of unredeemed game credit balances for Game Cards registered with Round1. If a lost, stolen, or damaged Game Card is registered with Round1, Round1 may provide you with a replacement Game Card with the balance of credits. 

Any resale or transfer of a Game Card in exchange for consideration will render the Game Card and associated balances void and subject to cancellation. 

Game Cards and balances associated with the Game Card are non-refundable and will not, under any circumstances, be redeemed for cash, except where required by law.  

Any sales and use taxes associated with the Game Card is included with your purchase. 

Round1 reserves the right to not accept a Game Card or otherwise limit its use if Round1 believes the use is unauthorized, fraudulent, or otherwise unlawful, or in any way violates the Terms and Conditions contained herein.  

Round1 will not send any statements, billings, or any other form of itemization of your transactions using your Game Card. 

Game Cards may be purchased at any available counter at a Round1 facility or at any kiosk station.  

Game Credits 

Round1 uses game credits that are purchased and stored on a Game Card. Game credits can be redeemed and used at any select game or game device at any Round1 facility in the United States. All game credits and the use thereof are subject the Terms and Conditions contained herein. 

Round1 offers two types of Game Credits: Regular Game Credits and Bonus Credits. Regular Game Credits are Game Credits you purchase. Bonus Credits are Game Credits that are added to your Game Card when you make certain purchases of Game Credits as may be listed at the counter, kiosk station, or on our Application. Both Regular Game Credits and Bonus Credits can be used to play selected games at any Round1 Facility in the United States. Stored Game Credits cannot be transferred between incompatible Game Cards (see Game Card Use below). 

Game Credits never expire, have no maintenance fee, and can be used at any Round1 Facility in the United States. 

Round1 reserves the right to select the order of use of either Regular Game Credits or Bonus Credits. You acknowledge and understand that you have no ability to control the type of Game Credits used for any particular game. 

Purchasing Credits 

Players may purchase credits at any Round1 facility either at the counter or at kiosk stations located inside the Round1 facility. In addition, the Application also allows account holders to purchase credits as well for Game Cards issued and used at Round1 locations that use the Reader Type 1 systems (see Game Card Use for restriction information). 
 
Game Cards can be refilled with Game Credits by an authorized employee at Round1 locations in the United States where the Game Card is compatible with the in-store card reader systems, at such facility’s kiosk stations (subject to compatibility), and through the Application for Game Cards purchased at locations with Reader Type 1 compatible systems. Please review the Game Card Use section to determine whether your Game Card can be refilled at each applicable location you wish to visit. If you wish to refill a Game Card with a specific amount not otherwise provided for at a kiosk station, please see an authorized employee at any counter at a Round1 Facility using the compatible system. 
 
Each compatible card reader for each game will indicate whether you have sufficient funds or insufficient funds. 

Purchased Game Credits are non-refundable.  

Game Card Use 

Round1 has a number of facilities across the United States, and each location uses stored-value cards that are all named Game Cards. At present, Round1 utilizes two different card reader systems at its various facilities, which are identified herein as “Reader Type 1” and “Reader Type 2.” Game Cards purchased at Round1 facilities using the Reader Type 1 system cannot be used at Round1 facilities using the Reader Type 2 system. Similarly, Game Cards purchased at Round1 facilities using the Reader Type 2 system cannot be used at Round1 facilities using the Reader Type 1 system. Game Card holders may identify Game Cards that are only compatible with Reader Type 1 by identifying its 16-digit barcode on the Game Card; whereas, Game Cards compatible with Reader Type 2 utilizes a 12-digit barcode. 

Game Cards  
 
Game Cards purchased at facilities using Reader Type 1 systems can only be refilled at locations using Reader Type 1 systems, and Game Cards purchased at facilities using Reader Type 2 systems can only be refilled at locations using Reader Type 2 systems. 

At present, the Application only allows for purchases of Game Credits via mobile device for Game Cards on the Reader Type 1 system. 

** Round1 Facility is expected to open in the near future, but is not presently open as of the Last Updated date above. 

Using Game Credits 

Game Credits purchased on any Game Card may only be used via the compatible card reader system at selected games or game devices, and subject to location restrictions. Game Credits cannot be used for any games, game devices, or other Round1 services that do not have a card reader configured for use with a Game Card, or is not compatible with the Game Card being used.  

Redemption Points 

Round1 uses digital ticket points (“Redemption Points”) as rewards earned from certain games and game devices. Redemption Points you earn are stored on your Game Card, and can be used at any Round1 Facility to redeem prizes where such prizes are available. 

When you redeem your points for prizes, the required number of Redemption Points will be deducted from your balance of Redemption Points from your account tied to your Game Card. You may not have enough Redemption Points for any item based on pricing and availability. Any unredeemed Redemption Points will be stored in your account to be redeemed at a later time. 

Redemption Points balances on your Game Card may be checked by any authorized employee or kiosk station at a Round1 Facility. You may also check your Redemption Points balance on the Application or your account page. 
 
Some of our games and game devices also reward players with collectible character cards (“Character Cards”) and are dispensed directly from the game or game device. By collecting all unique Character Cards, you may present them at the counter of any Round1 Facility and receive Redemption Points in exchange for those Character Cards. Character Cards that are damaged, defaced, altered, appear to be fraudulent, or are determined to not have been dispensed by any Round1 game or game devices will not be accepted and may be confiscated. 

Redemption Points and Character Cards have no cash value, and may not be refunded or exchanged. 

Redemption Points never expire, have no maintenance fee, and can be used at the appropriate Round1 facilities or locations in the United States. 

Redemption Points for Game Cards purchased at Reader Type 1 locations may only be redeemed at Reader Type 1 locations, and Redemptions Points on Game Cards purchased Reader Type 2 locations may only be redeemed at Reader Type 2 locations. See above for a list of locations. 

Round1 reserves the right to seize, confiscate, or refuse to accept any Character Cards that: (a) were not won, earned, or obtained by you at a game or game device at a Round1 Facility; (b) do not contain evidence that they were dispensed by a Round1 game or game device at a Round1 Facility; or (c) were fraudulently or otherwise illegally obtained. Further, Round1 reserves the right to require proof of gameplay by producing the Game Card used to play the games that issued the Character Cards. 

Refund Policy 

Round1 does not offer any refunds for the purchase of any Game Credits or Game Cards. Round1 shall reimburse you for any loss of Game Credits or any loss or damage to your Game Card caused by Round1 acts or omission for the value of the lost Game Credits and/or lost or damaged Game Card.  

If any game or game device malfunctions during play, please see an authorized employee. Round 1 shall first attempt to repair the malfunctioning game or game device, and, if repaired in a quick manner, you will be given credits otherwise lost due to the malfunction. If a repair cannot be achieved in a quick manner, Round1 shall provide the appropriate credits to play at a comparable game or game device. If there are no comparable games or game devices available, Round1 will reimburse you for the lost Game Credits caused by the malfunction. 

Termination or Suspension of Game Card 

Round1 reserves the right to suspend or terminate your Game Card and revoke or limit any or all of the rights and privileges granted to you at any time, without notice, liability, reimbursement, or compensation. Termination or suspension may result from your fraudulent or unauthorized use of the Game Card or violation of these Terms and Conditions. If your use of the Game Card and other services has been terminated for cause, any and all Game Credits and other balances on your Game Card shall be voided and may not be used. You shall receive no compensation from Round1 for voided Game Credits. 

Errors and Corrections 

Round1 reserves the right to correct any balances on your Game Card if we believe that an error has occurred. Please contact us at the address and phone number below if you have any questions or concerns. Round1 will conduct an investigation and communicate the results and correct any error that we confirm and verify upon completion of our investigation. We will also notify you if no error was found. Round1 shall have no liability for any billing error unless you give us adequate notice within sixty (60) days of the date of the transaction in question. It is your responsibility to review and monitor any transactions and balances on your account.  

Billing Information and Payment Processing 

Through your use of our Services either on our Website or on our Application, you may be asked to provide certain billing and payment information to complete transactions such as booking events and parties or purchasing credits to play games at our locations. Such information may include, but is not limited to, payment card details, financial account information, credit or debit card numbers, a card verification value (CVV), name of the card holder, billing address of the credit card (which may include street address, city, state, and zip code). By providing us with such billing information voluntarily, you consent to our use of such billing information to process payments, and you further consent to our transmission of such information to designated third parties who will assist us in processing payments for Services, game credits, membership fees, and other costs which you have consented. We do not share your financial, billing, or other payment information for any other purposes other than the process payment for our Services and other offerings to which you have consented to payment for. For additional information, please visit our Privacy Policy. 

Third-Party Content 

The Company may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively “Third-Party Content”). In all such instances, the Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. The Company does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third party sites is solely at your own risk. 

Feedback 

You may submit questions, comments, suggestions, ideas, original or creative materials, or other information about the Company, our Application, or our Services (collectively “Feedback”).  We reserve the right to incorporate Feedback in our products and Services and otherwise use and fully exploit Feedback for any purpose, without acknowledgment or compensation to you. 

Indemnification 

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively “Parties” or “Company Entity”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to: (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights) while accessing or using our Services; or (e) your conduct in connection with our Services. You will promptly notify the indemnified Parties of any Claim, cooperate with the indemnified Parties in defending the Claim, and pay all fees, costs, and expenses associated with defending the Claim (including, but not limited to, attorneys’ fees). The indemnified Parties will have right to retain sole control of the defense or settlement of any Claim (at your expense). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company or the other Parties. 

Disclaimers 

(a) We do not control, endorse, or take responsibility for any Third-Party Content available on or linked to by our Services. 

(b) Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Company does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While the Company attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. 

Limitation of Liability 

(a) The Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, special damages, or lost profits arising out of or in any way related to these Terms or our Services, even if the Parties have been advised of the possibility of such damages. 

(b) The total liability of the Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amounts paid by you to for the Services in the 6 months prior to the claim. 

(c) The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of the Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 

Release 

To the fullest extent permitted by applicable law, you release the Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 

Dispute Resolution & Binding Arbitration 

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief. 

The term "Dispute" means any dispute, claim, or controversy between you and the Parties, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "Dispute Resolution & Binding Arbitration" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any of the Parties that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the Company Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed as an exclusion below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. 

YOU AND THE PARTIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A COMPANY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. 

If you have a dispute with any Company Entity, you must send written notice to 3070 SATURN STREET, SUITE 200, BREA, CA 92821 to give the Company Entity that you have a dispute with opportunity to resolve the dispute informally through negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Company Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of Notice of Dispute, you or the Company Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section. 

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE COMPANY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW. 

All disputes arising out of or relating to these Terms or our Services shall be resolved through confidential binding arbitration through Judicial Arbitration and Mediation Services (also known as and hereinafter referred to as “JAMS”) in the City & County of San Francisco, California in accordance with JAMS’ Comprehensive Arbitration Rules & Procedures and its Expedited Procedures (the “Rules”). The Rules are available on JAMS’ website at https://www.jamsadr.com/rules-comprehensive-arbitration, and are hereby incorporated by reference. By continuing to use our Services, you acknowledge and agree that you have read and understand the Rules as provided and waive any claim that the Rules, as set forth, are unfair, unreasonable, or should not otherwise apply to your disputes for any reason. You and the Company agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“) to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the Rules, the arbitrator shall have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. One (1) arbitrator shall be mutually selected by You and the Company from a panel of arbitrators provided by JAMS. If You and the Company are unable to make a mutual selection, JAMS shall be empowered and authorized to make the selection on both Your and the Company’s behalf. Any claim arising out of or related to these Terms or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Company will not have the right to assert such a claim after this one (1) year period. You and the Company agree that service of any papers or documents related to arbitration may be had by electronic mail. The cost of arbitration, including, but not limited to the fees of the arbitrator and the attorneys, shall be awarded for the prevailing party unless the arbitrator decides that, in light of the circumstances, each party shall bear its own costs or otherwise apportion in a manner the arbitrator determines to be equitable. Neither You nor the Company shall challenge the jurisdiction or venue provisions provided in this arbitration agreement. Nothing in this arbitration agreement provision herein shall prevent either You or the Company from obtaining an injunction or other order in aid of arbitration from the court.  

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 3070 SATURN STREET, SUITE 200, BREA, CA 92821 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR MEMBERSHIP ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY COMPANY ENTITY THROUGH ARBITRATION. 

Governing Law and Venue 

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that are not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.  

Termination or Suspension 

We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use our Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use our Services. 

Miscellaneous 

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and the Company relating to your access to and use of our Services. The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. 

 
Changes to Terms 

We may make changes to these Terms from time to time.  If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services. 

Contact 

If you have any questions, concerns, or complaints regarding our Services or these Terms, please contact the Company at: 

ROUND ONE ENTERTAINMENT, INC 

3070 SATURN STREET, SUITE 200,  

BREA, CA 92821 

PHONE: 714-924-7800 

If you need additional information on how to resolve a complaint regarding our Services, feel free to contact: 

Department of Consumer Affairs 

Division of Consumer Services 

Complaint Assistance Unit 

1625 North Market Blvd., Suite N 112 

Sacramento, CA 95834