Legal Terms and Policies

This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Paradox Arcade Systems LLC, Paradox Arcades, PDX or any of its subsidiaries or affiliates (collectively, “Paradox Arcade Systems, Paradox Arcades, PDX”). By accepting delivery of the product(s) purchased from Paradox Arcade Systems, Paradox Arcades, PDX and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Paradox Arcade Systems, Paradox Arcades, PDX. These terms and conditions are subject to change without prior written notice at any time, in Paradox Arcade Systems, Paradox Arcades, PDX’s sole discretion.

Definitions.

1.1 “We”, “us” and/or “our” means Paradox Arcade Systems LLC, Paradox Arcades, PDX.

1.2 “You” or “your” means the individual or entity named on the invoice.

Payment Terms, Orders, and Interest.

Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. We reserve the right to cancel an order or transaction, in whole or in part. Terms of payment are within Paradox Arcade Systems, Paradox Arcades, PDX’s sole discretion, and unless otherwise agreed to in writing by Paradox Arcade Systems, Paradox Arcades, PDX, payment must be received by Paradox Arcade Systems, Paradox Arcades, PDX before Paradox Arcade Systems, Paradox Arcades, PDX’s acceptance of an order. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. Paradox Arcade Systems, Paradox Arcades, PDX may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. Paradox Arcade Systems, Paradox Arcades, PDX is not responsible for pricing, typographical or other errors in any offer by Paradox Arcade Systems, Paradox Arcades, PDX and we reserve the unilateral right to cancel any orders resulting from such errors.

Taxes. Unless you provide Paradox Arcade Systems, Paradox Arcades, PDX with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.

Shipping, Title and Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Paradox Arcade Systems, Paradox Arcades, PDX is Paradox Arcade Systems, Paradox Arcades, PDX’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. Shipping dates are only estimates. You must notify Paradox Arcade Systems, Paradox Arcades, PDX of damaged or missing items from your order within fourteen (14) calendar days after you receive your product.

Disclaimer

By placing an order with Paradox Arcade Systems, Paradox Arcades, PDX, a customer has agreed to the terms and conditions of the sale as indicated by this website. By placing an order, a customer has agreed to the total dollar amount of the sale and authorized Paradox Arcade Systems, Paradox Arcades, PDX to collect payment via the payment method the customer specified. We reserve the right to replace any item or part with an equal or better product at our discretion. Paradox Arcade Systems, Paradox Arcades, PDX attempts to be as accurate as possible in our content and pricing. However, we can not guarantee that the product descriptions/specifications, pricing or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Paradox Arcade Systems, Paradox Arcades, PDX shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Paradox Arcade Systems, Paradox Arcades, PDX reserves the right to refund payment if an item is unavailable or on back order.

Shipping

All items are shipped FOB Paradox Arcade Systems, Paradox Arcades, PDX’s facilities. The customer MUST open and inspect the arcade machine or case before signing for the delivery. In the event that any arcade or case arrives damaged the customer must note the damage on the air bill, next to the customer's signature. Additionally, in the event of a damaged shipment the customer must open a claim with the shipper within 1 business day and cooperate with the claim process in a timely manner. Unless otherwise stated all items come with a 365 day warranty. All issues with items that have a manufacturer’s warranty must be handled by the manufacturer. Paradox Arcade Systems, Paradox Arcades, PDX will not warrantee these items or work with the manufacturer on the customer’s behalf. Shipping charges are non-refundable

Returns

All sales final.

Shipping rates may not be valid for rural areas or destinations considered beyond points by our shipper. In the event that an item cannot be shipped for the shipping fee collected Paradox Arcade Systems, Paradox Arcades, PDX will offer the customer the option of paying an additional shipping fee.

Delivery typically does include inside delivery or setup. Drivers will not delivery up stairs or to any location they deem unsafe. Delivery is normally made to a garage or front door. Driver has the option of delivering just inside or outside the front door. The customer is responsible ensuring save movement of the arcade machine after delivery.

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Limitations

In no event shall Paradox Arcade Systems, Paradox Arcades, PDX or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Paradox Arcade Systems, Paradox Arcades, PDX Internet site, even if Paradox Arcade Systems, Paradox Arcades, PDX or a Paradox Arcade Systems, Paradox Arcades, PDX authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions

The materials appearing on the Paradox Arcade Systems, Paradox Arcades, PDX web site could include technical, typographical, or photographic errors. Paradox Arcade Systems, Paradox Arcades, PDX does not warrant that any of the materials on its web site are accurate, complete, or current. Paradox Arcade Systems, Paradox Arcades, PDX may make changes to the materials contained on its web site at any time without notice. Paradox Arcade Systems, Paradox Arcades, PDX does not, however, make any commitment to update the materials.

Links

Paradox Arcade Systems, Paradox Arcades, PDX has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Paradox Arcade Systems, Paradox Arcades, PDX of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

Paradox Arcade Systems, Paradox Arcades, PDX may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Return Policy

You may return Paradox Arcade Systems, Paradox Arcades, PDX-branded products purchased directly from Paradox Arcade Systems, Paradox Arcades, PDX in accordance with Paradox Arcade Systems, Paradox Arcades, PDX’s Return Policy. You: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Return Product(s) are subject to a ten percent (10%) restocking fee and special order Product(s), including but not limited to product(s) requiring a unique configuration, are subject to twenty percent (20%) restocking fee. If you fail to follow the return or exchange instructions and policies provided by Paradox Arcade Systems, Paradox Arcades, PDX, Paradox Arcade Systems, Paradox Arcades, PDX is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale.

Limited Product Warranty and Disclaimer of Warranties.

THE LIMITED PRODUCT WARRANTY APPLICABLE TO Paradox Arcade Systems, Paradox Arcades, PDX-BRANDED PRODUCTS MAY BE VIEWED ON-LINE.THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-Paradox Arcade Systems, Paradox Arcades, PDX BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED "AS IS". WARRANTY AND SERVICE FOR NON-Paradox Arcade Systems, Paradox Arcades, PDX BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY Paradox Arcade Systems, Paradox Arcades, PDX. Paradox Arcade Systems, Paradox Arcades, PDX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN Paradox Arcade Systems, Paradox Arcades, PDX’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND Paradox Arcade Systems, Paradox Arcades, PDX WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON Paradox Arcade Systems, Paradox Arcades, PDX’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

LIMITATION OF LIABILITY

Paradox Arcade Systems, Paradox Arcades, PDX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. Paradox Arcade Systems, Paradox Arcades, PDX WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, Paradox Arcade Systems, Paradox Arcades, PDX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.

Software

All software is provided subject to the license agreement that is part of the package you receive from Paradox Arcade Systems, Paradox Arcades, PDX. You agree to be bound by the license agreement once the package is opened or its seal is broken. Paradox Arcade Systems, Paradox Arcades, PDX does not warrant any software under this Agreement.

Products

Paradox Arcade Systems, Paradox Arcades, PDX continually upgrades and revises its products and service offerings. Paradox Arcade Systems, Paradox Arcades, PDX may revise and discontinue products at any time without prior notice to customers. Paradox Arcade Systems, Paradox Arcades, PDX will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Paradox Arcade Systems, Paradox Arcades, PDX products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted Paradox Arcade Systems, Paradox Arcades, PDX SKU numbers for Paradox Arcade Systems, Paradox Arcades, PDX-branded hardware products are of the quality specified by Paradox Arcade Systems, Paradox Arcades, PDX on its website and conform in all material respects with the Paradox Arcade Systems, Paradox Arcades, PDX product specification current on the date such products were shipped.

Binding Arbitration

You and Paradox Arcade Systems, Paradox Arcades, PDX agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against Paradox Arcade Systems, Paradox Arcades, PDX, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Paradox Arcade Systems, Paradox Arcades, PDX's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com, or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN

Governing Law.

This Agreement and any sales hereunder shall be governed by the laws of the state of Illinois, without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods.

Export. You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of Paradox Arcade Systems, Paradox Arcades, PDX. Paradox Arcade Systems, Paradox Arcades, PDX has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. Paradox Arcade Systems, Paradox Arcades, PDX WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.

Miscellaneous Provisions

You will not register or use any Internet domain name that contains an Paradox Arcade Systems, Paradox Arcades, PDX trademark or trade name (i.e., Paradox Arcade Systems, Paradox Arcades, PDX) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.