The following terms and conditions constitute a legal and binding agreement between “ArcticMOD.com” and the “Customer” (collectively, the “Parties”), defined below.
SECTION 1: DEFINITIONS
“Agreement” refers to this agreement, entered into between “ArcticMOD.com,” defined below, and the “Customer,” defined below, which sets forth the terms and conditions of the usage of the “Website,” defined below, and constitutes a legal and binding contract between the said parties.
“ArcticMOD.com” is a legally established corporation in the State of New York, and the term ArcticMOD.com refers to all of the members of the corporation ArcticMOD.com, together with its executors, successors, assigns, administrators, predecessors, employees, affiliates, agents, representatives and attorneys, both individually and collectively.
“Checkbox Agreement” refers to the standard HTML checkbox form element that the Customer is required to click in the final step of the checkout process on the Website in order to process the Customer’s order.
“Computer Programming/Code” includes, but is not limited to the following: HTML (Hyper-Text Markup Language, “ex: .html files”), DHTML (Dynamic HTML), CSS (Cascading Style Sheets, “ex: .css files”), PHP (PHP Hypertext Preprocessor, “ex: .php files”), MySQL (My Structured Query Language, “Database System”), Smarty (Template Engine, Template/Presentation Framework, “ex: .tpl files”), JavaScript (Nested & Independent JavaScript, “ex: .js files”), Action Script (Macromedia Flash Action Scripting) and all files, computer programming and code residing on the ArcticMOD.com web server(s) and in-house computer system(s).
“Customer” refers to any and all users of the Website, and includes, but is not limited to, natural persons, corporations, partnerships, limited liability partnerships, limited liability companies, professional companies, associations or other business entities.
“Damages” refers to those losses that may be alleged to have been incurred or suffered by the Customer and/or any other third party, as well as those losses sought to be recouped by either the Customer and/or any third-party in any legal action and/or other dispute resolution forum as a result of, or based upon any of the following: the information/content on the Website, “Product(s),” defined below, and/or services provided by ArcticMOD.com, installation of Product(s) by the Customer and/or usage or modification of Product(s) by the Customer. Said losses include, but are not limited to the following types of damages: general, direct, indirect, incidental, consequential, special and/or punitive damages.
“Product(s)” refers to all those items advertised and/or sold on the Website, and includes, but is not limited to the following: computer modification parts, computer modification accessories, computer passive, air and liquid cooling systems / parts, computer systems, computer cases, computer power supplies, computer lighting, computer bay devices and computer cables, switches & wiring.
“Website” refers to the world wide website registered under the domain name of ArcticMOD.com that is owned, maintained, operated, and administered by the members of ArcticMOD.com.
SECTION 2: EXECUTION AND VOLUNTARY AGREEMENT
By checking off the Checkbox Agreement in the final step of the Website checkout process, the Customer acknowledges that he/she: 1) has had a full and fair opportunity to read the terms and conditions set forth in this Agreement; 2) has had an opportunity to have counsel of their choice explain said terms and conditions to them; 3) understands said terms and conditions; 4) agrees to be bound by said terms and conditions; and 5) enters into this Agreement voluntarily, willfully, intentionally and without duress of any kind. Additionally, the Customer acknowledges that the act of checking off the Checkbox Agreement is equivalent to a written signature, the execution of which binds the Customer to the terms and conditions set forth in this Agreement.
SECTION 3: LIMITATION OF LIABILITY
Section 3.01: Waiver and Release
The Customer hereby waives, releases and forever discharges ArcticMOD.com from and against any and all present and/or future claims, suits and/or causes of action or Damages the Customer possesses against ArcticMOD.com, whether individually or collectively, known or unknown, existing at law, equity or under any theory of recovery arising from, or in any manner relating to: 1) the operation, content and/or usage of the Website; 2) the Products advertised and/or sold on the Website; 3) the services provided by ArcticMOD.com; and/or 4) warranties alleged to have been made by ArcticMOD.com pertaining to its Products and/or services.
Section 3.02: Product Usage
The Customer agrees to use the Product(s) in an appropriate manner, as recommended by the particular manufacturer, for its intended use. The Customer further agrees that usage of the Product(s) will be at the Customer’s own risk. ArcticMOD.com assumes no liability whatsoever, either express or implied, for the misusage of Product(s) by the Customer and/or other third parties. Misusage of the Product(s) by any person, including the Customer, resulting in the following types of Damages, incurred by either the Customer and/or other third parties, will not subject ArcticMOD.com to any liability whatsoever: 1) fire; 2) damage to the Product(s); 3) damage to computer systems and/or related components; 4) damage to the personal property; 5) damage to real property; 6) damage to business assets; 7) damage to digital information storage devices; 8) damage to electrical components or devices; and/or 9) Damages or injuries sustained by other third parties. The foregoing is not an exhaustive list of all those types of Damages that may result from misusage of the Product(s), and represents only several examples of those consequences that may result from misuse. Misuse of the Product(s) that results in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Further, misusage of Product(s), by any persons, including the Customer, resulting in bodily harm to either the Customer and/or other third parties will not subject ArcticMOD.com to any liability whatsoever. Examples of bodily harm include, but are not limited to the following: 1) electrocution; 2) burns; 3) abrasions; 4) lacerations; 5) bruises; 6) fractures; 7) eye damage; 8) ear damage; and/or 9) muscle strain. The foregoing is not an exhaustive list of all those types of Damages that may result from misusage of the Product(s), and represents only several examples of those consequences that may result from misuse. Further, misuse of the Product(s) that results in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Section 3.03: Product Installation
The Customer agrees to install the Product(s) in an appropriate manner, as recommended by the particular manufacturer. ArcticMOD.com assumes no liability whatsoever, either express or implied, resulting from installation of the Product(s) by the Customer and/or other third parties. Further, the Customer agrees that ArcticMOD.com will not be responsible for Damages and/or injuries that may result from installation of the Product(s) by the Customer and/or other third parties.
Installation of the Product(s), by any person, including the Customer, resulting in the following will not subject ArcticMOD.com to any liability whatsoever: 1) fire; 2) damage to the Product(s); 3) damage to computer systems and/or related components; 4) damage to personal property; 5) damage to real property; 6) damage to business assets; 7) damage to digital information storage devices; 8) damage to electrical components or devices; and/or 9) Damages or injuries sustained by other third parties. The foregoing is not an exhaustive list of all those types of Damages that may result from installation of the Product(s), and represents only several examples of those consequences that may result from installation. Further, installation of the Product(s) that results in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Further, installation of Product(s), by any persons, including the Customer, resulting in bodily harm to either the Customer and/or other third parties will not subject ArcticMOD.com to any liability whatsoever. Examples of bodily harm include, but are not limited to the following: 1) electrocution; 2) burns; 3) abrasions; 4) lacerations; 5) bruises; 6) fractures; 7) eye damage; 8) ear damage; and/or 9) muscle strain. The foregoing is not an exhaustive list of all those types of Damages that may result from installation of the Product(s), and represents only several examples of those consequences that may result from installation. Installation of the Product(s) that results in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Section 3.04: Product Defects
ArcticMOD.com will not be responsible for any Damages and/or injuries that occur as a result of defective Products supplied by third party manufacturers. Defective Products includes defectively designed Products, Products that have individual manufacturing flaws, Products that currently have defects and/or Products that may develop defects in the future.
Defective Products that results in the following types of Damages will not subject ArcticMOD.com to any liability whatsoever: 1) fire; 2) damage to the Product(s); 3) damage to computer systems and/or related components; 4) damage to personal property; 5) damage to real property; 6) damage to business assets; 7) damage to digital information storage devices; 8) damage to electrical components or devices; and/or 9) Damages and/or injuries sustained by other third parties. The foregoing is not an exhaustive list of all those types of Damages that may result from defective Products, and represents only several examples of those consequences that may result from defective Products. Defective Products that result in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Further, Product defects the cause bodily harm to either the Customer and/or other third parties will not subject ArcticMOD.com to any liability whatsoever. Examples of bodily harm include, but are not limited to the following: 1) electrocution; 2) burns; 3) abrasions; 4) lacerations; 5) bruises; 6) fractures; 7) eye damage; 8) ear damage; and/or 9) muscle strain. The foregoing is not an exhaustive list of all those types of Damages that may result from defective Products, and represents only several examples of those consequences that may result from defective Products. Defective Products that result in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Section 3.05: Modification
ArcticMOD.com will not be responsible for any Damages and/or injuries resulting from the modification and/or customization of Products performed either by the Customer and/or other third parties. Any actions taken by the Customer or other third parties as a result of the information/content presented on the Website, such as Product modification/customization, is done so at the Customer’s own risk.
Modification/customization performed by the Customer and/or other third parties resulting in the following will not subject ArcticMOD.com to any liability whatsoever: 1) fire; 2) damage to the Product(s); 3) damage to computer systems and/or related components; 4) damage to personal property; 5) damage to real property; 6) damage to business assets; 7) damage to digital information storage devices; 8) damage to the electrical components or devices; and/or 9) Damages and/or injuries sustained by other third parties. The foregoing is not an exhaustive list of all those types of Damages that may result from modification/customization of Products, and represents only several examples of those consequences that may result from modification/customization. Modification/customization of Products that results in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Further, modification/customization of Products performed by any persons, including the Customer, resulting in bodily harm to either the Customer and/or other third parties will not subject ArcticMOD.com to any liability whatsoever. Examples of bodily harm include, but are not limited to the following: 1) electrocution; 2) burns; 3) abrasions; 4) lacerations; 5) bruises; 6) fractures; 7) eye damage; 8) ear damage; and/or 9) muscle strain. The foregoing is not an exhaustive list of all those types of Damages that may result from modification/customization of Products, and represents only several examples of those consequences that may result from modification/customization. Modification/customization of Products that result in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Section 3.06: Compatibility
ArcticMOD.com will not be responsible for Damages and/or injuries that occur from the usage of Products incompatible with other products that the Customer (and/or other third parties) currently own and/or possess, or may own/possess in the future. Examples of Damages and/or injuries that may result from the usage of incompatible products include, but are not limited to the following: 1) fire; 2) damage to the Product(s); 3) damage to computer systems and/or related components; 4) damage to personal property; 5) damage to real property; 6) damage to business assets; 7) damage to digital information storage devices; 8) damage to electrical components or devices; and/or 9) Damages and/or injuries sustained by other third parties.
Further, usage of incompatible products by any persons, including the Customer, resulting in bodily harm to either the Customer and/or other third parties will not subject ArcticMOD.com to any liability whatsoever. Bodily injuries that may result from the usage of incompatible products include, but are not limited to: 1) electrocution; 2) burns; 3) abrasions; 4) lacerations; 5) bruises; 6) fractures; 7) eye damage; 8) ear damage; and/or 9) muscle strain. Product incompatibility that results in any Damages not contemplated under this Agreement will likewise not subject ArcticMOD.com to any liability whatsoever.
Section 3.07: Failure of Website Performance
ArcticMOD.com will not be liable or responsible for any Damages and/or injuries resulting from any failure of performance of the Website, which includes, but is not limited to the following occurrences: 1) Website/server downtime; 2) service interruption; 3) Website/browsing errors; 4) delay in operation or transmission; 5) communication line failure; 6) payment errors; and/or 7) contraction of computer viruses/worms and/or other malicious code.
Section 3.08: Website Links
The Website includes various links to other websites not owned, supervised, managed and/or operated by ArcticMOD.com. ArcticMOD.com is not responsible for, nor does it endorse any of the content or information presented on said foreign websites. The Customer acknowledges and understands that visitation to said foreign websites is done so at the Customer’s own risk.
Section 3.09: Website Usage
Section 3.09.1: Third-Party Copyright and Trademark
ArcticMOD.com will not be held liable or responsible for any Damages resulting from acts of the Customer that may infringe upon third-party Copyright, Trademark or other proprietary rights.
Section 3.09.2: Defamation
ArcticMOD.com will not be held liable or responsible for any Damages resulting from acts of the Customer that may give rise to any causes of action for defamation, including libel and slander.
Section 3.09.3: Improper Usage
ArcticMOD.com will not be held liable or responsible for any Damages resulting from the Customer’s improper usage of the Website via the Customer uploading, posting or otherwise making available the following on the Website: 1) unlawful images; 2) unlawful writings; 3) unlawful Computer Programming/Code; and/or 4) statements of a threatening, harassing, abusive, invasive, vulgar, obscene, profane, or otherwise objectionable nature.
Section 3.10: Website Content
ArcticMOD.com will not be liable and/or responsible for any of the information presented on the Website, whether produced by ArcticMOD.com, the Customer and/or any other third-party. Specifically, ArcticMOD.com disclaims liability and/or responsibility for the content of the Website (and/or the consequences arising from the presentation of the content on the Website) in several respects, including but not limited to: 1) truth; 2) accuracy; 3) errors; 4) omissions; 5) completeness; 6) authenticity; 7) sequence; and/or 8) timeliness.
Section 3.11: Product Photos and Product Illustrations
ArcticMOD.com will not be liable and/or responsible should the Product photos and/or Product Illustrations not accurately represent the physical Product(s) received from ArcticMOD.com.
Section 3.12: Return Policy
The liability of ArcticMOD.com as pertains to Product returns, if any, is limited to the terms and conditions set forth in the Return Policy.
Section 3.13: Shipping Policy
The liability of ArcticMOD.com as pertains to Product delivery, if any, is limited to the terms and conditions set forth in the Shipping Policy.
Section 3.14: Privacy Policy
The liability of ArcticMOD.com as pertains to Customer security and privacy practices, if any, is limited to the terms and conditions set forth in the Privacy Policy.
SECTION 4: COVENANTS
Section 4.01: Covenants by the Customer
Section 4.01.1: Product Use
The Customer shall use the Product(s) in accordance with the specific manufacturer’s (s’) guidelines. The Customer shall use the Product(s) for its intended purpose and function.
Section 4.01.2: Product Installation
The Customer shall install the Product(s) in accordance with the specific manufacturer’s (s’) instructions and guidelines, for its intended use and design. The Customer shall take proper safety precautions when installing the Product(s).
Section 4.01.3: Modification
The Customer shall take proper safety precautions prior to engaging in the modification/customization of the Product(s). The Customer shall perform proper research prior to engaging in the modification/customization of the Product(s).
Section 4.01.4: Compatibility
The Customer shall perform proper research as it pertains to the compatibility of Product(s) with other products currently owned and/or possessed by the Customer and/or other third parties, or other products that the Customer and/or other third parties may own/possess in the future.
Section 4.01.5: Website Usage
Section 4.01.5.1: Lawful Purposes
The Customer shall use the Website for lawful purposes only. The Customer shall refrain from using the Website: 1) as a forum to conduct any illegal activities, arising under any law, whether state or federal; 2) in any manner that may infringe upon the rights of others, including but not limited to, natural persons, corporate or business entities; 3) in any manner which may encourage or facilitate conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; and/or 4) as a forum to upload, post or otherwise make available the following: unlawful images, unlawful writings and/or unlawful Computer Programming/Code.
Section 4.01.5.1.1: Third-Party Copyright and Trademark
The Customer shall refrain from using the Website as a forum to upload, post or otherwise make available any materials protected by Copyright, Trademark or other proprietary rights without the express permission of the owner of said Copyright, Trademark or other proprietary right.
Section 4.01.5.1.2: ArcticMOD.com Copyright and Trademark
All content, writings, images, color schemes, graphics, layouts and artwork appearing on the Website and being digitally stored on the web server and in-house computer system(s) of ArcticMOD.com is the exclusive intellectual property of ArcticMOD.com. All Computer Programming/Code that resides on the web server and in-house computer system(s) of ArcticMOD.com is subject to the protections of the copyright law.
The Customer shall not infringe upon the intellectual property rights of ArcticMOD.com in any manner, or access the web server or in-house computer system(s) of ArcticMOD.com in order to infringe upon the intellectual property rights of ArcticMOD.com by any means, including, but not limited to the following: web browsing, http, https, ftp, ftps, ssh, “view source” functions and/or through the use of a virus(s), worm(s) or other form of invasive/malicious code.
Section 4.01.5.2: User Conduct
The Customer shall not use the Website as a forum to upload, post or otherwise make available: 1) statements of an illegal, threatening, harassing, abusive, invasive, vulgar, obscene, profane, or otherwise objectionable nature; 2) writings of an illegal, threatening, harassing, abusive, invasive, vulgar, obscene, profane, or otherwise objectionable nature; 3) images of an illegal, threatening, harassing, abusive, invasive, vulgar, obscene, profane, or otherwise objectionable nature; and/or 4) Computer Programming/Code of an illegal, threatening, harassing, abusive, invasive, vulgar, obscene, profane, or otherwise objectionable nature.
Neither shall the Customer use the Website as a forum to upload, post or otherwise make available: statements, writings, images and/or Computer Programming/Code that would encourage or facilitate the making of statements, writings, images and/or Computer Programming/Code of an illegal, threatening, harassing, abusive, invasive, vulgar, obscene, profane, or otherwise objectionable nature.
Section 4.01.5.3: Solicitation and Advertising
The Customer shall not use the Website as a forum to advertise and/or solicit a business or product in a manner that the members of ArcticMOD.com deem to be excessive. Excessive solicitation and/or advertising means using and/or accessing the Website for the sole or primary purpose of driving/promoting the sales of a third-party business/entity and/or third-party website, product or service.
SECTION 5: REPRESENTATIONS AND WARRANTIES
Section 5.01: Representations by ArcticMOD.com
Section 5.01.1: Product Warranties
ArcticMOD.com makes no representations and/or warranties, either express or implied, as to: 1) the merchantability or fitness for a particular purpose of the Products sold and/or marketed on the Website; 2) the duration and/or life of the Products sold and/or marketed on the Website; 3) the quality of the Products sold and/or marketed on the Website; 4) the size, shape, color, texture, appearance, material, weight, height, diameter and/or dimensions of the Products sold and/or marketed on the Website; and/or 4) Customer satisfaction of the Products sold and/or advertised on the Website.
Section 5.01.2: Website Content (“as is”)
ArcticMOD.com makes no representations and/or warranties, either express or implied, as to the truth or accuracy of any information presented on the Website, including, but not limited to the following: Product descriptions, Product features, Product specifications, Product reviews, Product opinions, installation instructions, forum threads/pages, and computer modification advice/instructions.
All information presented on the Website is provided on an “as is” basis, with no attending representations and/or warranties either express or implied.
Section 5.01.3: Product Photos / Illustrations
ArcticMOD.com makes no representations, either express or implied, and/or warranties, either express or implied, as to the accuracy of Product photos and/or Product illustrations presented on the Website. Product photos and/or Product illustrations presented on the Website are for demonstrative purposes only. Product photos and/or Product illustrations presented on the Website are only an approximation of the actual Product(s).
Section 5.01.4: Compatibility
ArcticMOD.com makes no representations, either express or implied, and/or warranties, either express or implied, as to the compatibility of Products sold and/or advertised on the Website with products currently owned and/or possessed by the Customer and/or other third-parties, or products that the Customer and/or other third-parties may own/possess in the future.
Section 5.02: Representations by the Customer
Section 5.02.1: Authorization
The Customer represents and warrants that the execution of this Agreement (via the Checkbox Agreement) was authorized in the manner required by applicable law, that the execution and performance of this Agreement complies in all respects with applicable law, and this Agreement is fully binding on that party, in accordance with its terms and conditions.
In addition, the Customer represents and warrants that the execution of this Agreement (via the Checkbox Agreement): (i) has been duly and validly authorized under its constituent and governing documents and agreements, any applicable order of a court of competent jurisdiction or applicable law; and (ii) does not conflict with any other document, agreement, order of a court of competent jurisdiction or applicable law.
Section 5.02.2: Voluntary Agreement
The Customer represents and warrants that he/she has had a full opportunity to read the terms and conditions set forth in this Agreement, and to have counsel of their choice explain said terms and conditions to them.
The Customer further represents and warrants that he/she understands the terms and conditions set forth in this Agreement, agrees to said terms and conditions, and executes this Agreement (via the Checkbox Agreement) voluntarily and without duress of any kind.
SECTION 6: MISCELLANEOUS
ArcticMOD.com expressly reserves the right to: 1) cancel any order placed by the Customer, and to cancel incomplete, unfulfilled or declined orders (of the Customer) at any time, within its discretion and without prior notice; 2) request advanced payment with respect to any order(s) placed by the Customer either through credit card, PayPal, money order or certified bank check; and/or 3) request proper identification from the Customer prior to fulfilling an order.
SECTION 7: GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its choice of law rules.
SECTION 8: AMENDMENT
ArcticMOD.com expressly reserves the right to supplement, amend and/or revise the Agreement at any time within its discretion, without prior notice to the Customer. Any and all supplements, amendments and/or revisions made to the Agreement will constitute a valid change to the Agreement, and will bind the Customer accordingly.
SECTION 9: MERGER
This Agreement contains the final, integrated, and entire agreement among the Parties, and there are no other promises, agreements, conditions, undertakings, covenants, warranties, representations, either written or oral, express or implied, among the Parties, with respect to the subject matter hereof. All prior agreements among the Parties with respect to the subject matter hereof are merged herein. Each party represents and warrants that it has not relied on any statement or representation by any other person prior to entering into this Agreement.
SECTION 10: RESTATEMENT
If any one or more of the provisions contained in this Agreement are held invalid, illegal or unenforceable, by any Court, said provision(s) will be deemed to be restated to reflect as nearly as possible the original intention of the Parties with regard to the entire Agreement.
SECTION 11: INDEMNIFICATION
The Customer will defend, indemnify and hold ArcticMOD.com harmless from and against any and all loss, liability, Damages and expenses, including, but not limited to, court costs, interest and attorney’s fees (Loss), which ArcticMOD.com incurs or sustains as a result of the Customer having breached any of the covenants set forth in Section 4.
Said Loss includes, but is not limited to: 1) loss sustained or incurred by ArcticMOD.com in connection with any threatened litigation against ArcticMOD.com by any party, whether a natural person or other entity, as a result of the Customer’s breach of any of the covenants set forth in Section 4; and 2) loss sustained or incurred by ArcticMOD.com as the result of litigation that has been commenced against ArcticMOD.com, by any party, whether a natural person or other entity, as a result of the Customer’s breach of any of the covenants set forth in Section 4.
SECTION 12: BLUE PENCILING AND SEVERABILITY
It is the intention of ArcticMOD.com and the Customer that the provisions of this Agreement shall be enforced to the fullest extent permissible under the laws of New York. If any court of competent jurisdiction or arbitration panel determines that any covenant or provision in this Agreement is unenforceable or unlawful, that covenant or provision shall not render unenforceable or impair the remaining covenants and provisions of this Agreement. In addition, if any covenant or provision is held to be unenforceable because of the scope, duration or area of its applicability, the court or tribunal making such determination shall have the power to modify such scope, duration or area, or all of them, and such covenant or provision shall then be applicable in such modified form and every other provision of this Agreement shall remain in full force and effect.
SECTION 13: ASSIGNMENT
The Customer may not assign or delegate his/her rights, or the performance of any of his/her obligations, under this Agreement.
SECTION 14: ADDITIONAL REMEDIES
If ArcticMOD.com so elects, ArcticMOD.com shall be entitled, in addition to all other remedies available, including but not limited to actual, compensatory and punitive damages, to obtain damages and reimbursement of its actual attorneys’ fees and disbursements for any breach of this Agreement or to specifically enforce the performance by the Customer and to enjoin the violation by the Customer of any provision hereof. Moreover, the parties hereto acknowledge that the damages suffered by ArcticMOD.com as a result of any violations of the Agreement by the Customer may be difficult to ascertain and ArcticMOD.com may not have an adequate remedy at law. Accordingly, the Parties agree that in the event of a breach by the Customer of the Agreement, ArcticMOD.com shall be entitled to specific enforcement by injunctive relief of the Customer’s obligations to ArcticMOD.com, without bond. An action by ArcticMOD.com seeking to impose any of such remedies may be brought in a court of law. Such remedies shall not be deemed to be exclusive of any other remedies available to ArcticMOD.com, by judicial or arbitral proceedings or otherwise.
