USE OF THIS SITE
All materials you see and hear on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”)— are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed viewed, downloaded, printed or copied Content is transferred to you as a result of your use of this Site. Next Level Electronics Inc. owns and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from Next Level Electronics Inc.
Next Level Electronics Inc. may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Next Level Electronics Inc. also reserves the right to block or deny access to the Site to anyone at any time for any reason.
By your use of this Site, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, then do not use this Site without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Site under any circumstances.
COMPLIANCE WITH ALL LAWS & SITE SECURITY
You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases in our Store or using the Site or interfere or attempt to interfere with the proper working of this Site.
LIMITATION OF LIABILITY
THE LIMITATIONS OF LIABILITY ABOVE ARE BINDING IN THE STATE OF NEW YORK. HOWEVER, IN SOME OTHER JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE NEXT LEVEL ELECTRONICS INC. AND SITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000).
DISCLAIMER OF WARRANTY
NEXT LEVEL ELECTRONICS INC. PROVIDES ACCESS TO ITS STORES AND THIS SITE TO NEXT LEVEL ELECTRONICS INC. CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES/PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXT LEVEL ELECTRONICS INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE MERCHANDISE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXT LEVEL ELECTRONICS INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IN STORE OR ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXT LEVEL ELECTRONICS INC. FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZES. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXT LEVEL ELECTRONICS INC. FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE.
JURISDICTION; RISK OF LOSS
Next Level Electronics Inc. controls this Site and its Stores from its corporate offices within the State of Wisconsin. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items passes to the purchaser upon delivery.
Next Level Electronics Inc. does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations or equivalents thereof.
THE TERMS OF THIS SITE, SOLICITATIONS, ADVERTISING AND PURCHASES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT WAUKESHA COUNTY, WISCONSIN OR THE UNITED STATES DISTRICT COURT IN MILWAUKEE, WISCONSIN SHALL BE THE EXCLUSIVE VENUE AND JURISDICTION FOR ANY DISPUTE, SUIT, LIABILITY, DAMAGE, CLAIM OR LOSS ARISING FROM OR IN ANY WAY ASSOCIATED WITH YOUR SOLICITATION, PURCHASE OR USE OF, OR ACCESS TO THE SITE (COLLECTIVELY, “DISPUTE”). HOWEVER, YOU MAY ALSO LITIGATE ANY DISPUTE IN SMALL CLAIMS COURT IN YOUR COUNTY OF RESIDENCE OR WAUKESHA COUNTY, WISCONSIN. REGARDLESS, IN THE EVENT OF DISPUTE, YOU SHALL NOTIFY NEXT LEVEL ELECTRONICS INC. (SEE CONTACT INFO BELOW) SETTING FORTH THE NAME, ADDRESS AND CONTACT INFORMATION, THE FACTS GIVING RISE TO THE DISPUTE AND THE RELIEF REQUESTED FROM NEXT LEVEL ELECTRONICS INC. AND YOU WILL THEN ATTEMPT TO RESOLVE THE DISPUTE THROUGH INFORMAL NEGOTIATIONS WITH NEXT LEVEL ELECTRONICS INC. WITHIN SIXTY (60) DAYS FROM THE DATE OF YOUR NOTICE OF DISPUTE AFTER WHICH YOU MAY COMMENCE YOUR LITIGATION.
PRICING & PRODUCT INFORMATION
While Next Level Electronics Inc. strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Next Level Electronics Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, Next Level Electronics Inc. shall have the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Next Level Electronics Inc. will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you.
Next Level Electronics Inc. works hard to provide low prices on this Site as well as in Stores. However, merchandise and promotional offers available online at momengames.com may vary from those offered in Store. Prices and availability are subject to change without notice. “Sale” prices and percentage savings offered by Next Level Electronics Inc. are discounts from Next Level Electronics Inc. “Regular” or “Original” prices. The “Regular” or “Original” price of an item is the former or future offered price for the item or a comparable item by Next Level Electronics Inc. or another retailer. Actual sales may not have been made at the “Regular” or “Original” prices, and intermediate markdowns may have been taken. “Original” prices may not have been in effect during the past 90 days or in all trade areas. Merchandise on this Site could be offered at the same or lower “Sale” prices during future promotional events beginning on or after the last day of this advertised event. In some events, actual savings may exceed the percent savings shown.
You agree that you are responsible for all charges incurred in connection with any purchase on our Site or our Stores, including, without limitation, all taxes, shipping, handling and processing charges or other fees.
COPYRIGHTS AND TRADEMARKS
The Next Level Electronics Inc. Headquarters are located at:
259 E 167th St
The Bronx, NY 10456
If you have any questions concerning the legal notices stated above, we encourage you to contact the Next Level Electronics Inc. Legal Department at this address. All rights reserved.