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These Terms and Conditions were last updated on May 22, 2023.

Please take some time to review these Terms and Conditions that You are entering into, and please note and pay special attention to our dispute resolution policy which requires binding arbitration on an individual basis to resolve disputes (rather than jury trials or class actions, and also limits available remedies) in most circumstances.

Terms and Conditions

WE ASK THAT YOU KINDLY CLOSELY REVIEW THESE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION CLAUSES AND OTHER USE RESTRICTIONS SET FORTH BELOW BEFORE YOU USE OR ACCESS WWW.BESTOFTHEMALL.COM OR ANY OTHER AFFILIATED WEBSITE OR MOBILE APPLICATION THAT LINKS TO AND UTILIZES THESE TERMS (ALL SUCH PLATFORMS, COLLECTIVELY REFERRED TO AS THE “SITE”).

Please note that, among other items, these terms contain an agreement to arbitration and a class action waiver giving up a right to a court hearing or jury trial or to participate in class action litigation. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below. Please carefully review the dispute resolution section below.

WE STRONGLY URGE YOU TO CLOSELY REVIEW THESE TERMS AND CONDITIONS IN FULL BEFORE USING OR ACCESSING ANY CONTENT ON OR THROUGH THE SITE. BY VIRTUE OF YOUR USING THE SITE, YOU EFFECTIVELY DEMONSTRATE IN FULL YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW OR OTHERWISE CONTAINED HEREIN. IF YOU DO NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE!

These Terms and Conditions (collectively, the “Terms”), together with our Privacy Policy, represent the legally binding agreement between you (“You” or “Your”) and BestOfThemAll.com, a website owned and operated by The Lifetime Value Co. LLC (“BestOfThemAll.com,” “We,” “Our,” or “Us”). The following Terms govern your access to and use of BestOfThemAll.com, including any content, functionality, and services offered on or through BestOfThemAll.com.

By providing Your email address, You agree to receive email from Us. The Site and its services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If You are under eighteen (18) years of age or do not agree to these Terms in their entirety, do not access, view, download or otherwise use any page on the Site. The BestOfThemAll.com Privacy Policy (“Privacy Policy”) is part of these Terms and is incorporated herein by reference. By accepting these Terms, You hereby acknowledge, understand, and agree to the collection and use of certain of Your personally identifiable information by the Site as described in the Privacy Policy. Click here to view the Privacy Policy.

1. Class Action Waiver, Mandatory Arbitration, Dispute Resolution and Governing Law

BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. You acknowledge and agree that all claims, disputes or controversies between You and Us (including against any of Our employees, agents, affiliates, subsidiaries, predecessors, successors or assigns) relating to the Site or related websites, the Content, related services and materials, any related transaction or relationship and/or Your information, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. You further acknowledge and agree that any such claims shall be brought solely in Your individual capacity and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. Similarly, you agree that any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by a court and the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You voluntarily and knowingly waive any right to a jury trial.

BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY TRIAL. In arbitration, disputes are resolved by neutral arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial, however, an arbitrator can award relief.

Separate and apart from the agreement to arbitrate set forth above, You hereby waive any right to bring or participate in any class action in any way related to, or arising from, these Terms or the matters that they describe. You acknowledge that this class action waiver is material and essential to the arbitration of any dispute(s) You may have and is non-severable from this agreement to arbitrate claims.

YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT TO ARBITRATE, WHICH CONTAINS THIS CLASS ACTION LITIGATION AND CLASS ARBITRATION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, OUR AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE OR OUR SERVICES.

These Terms shall be treated as though they were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).

At BestOfThemAll.com, We expect that Our customer service team will be able to resolve most complaints You may have regarding Our provision, or Your use of, our Site and its services. If You have a complaint, You can contact Our customer service team as described in the “How to Contact Us” section below. In the unlikely event that Your complaint remains unresolved, We prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, You and BestOfThemAll.com agree to the following resolution process for all disputes and claims that You or BestOfThemAll.com may have arising from Our provision, or Your use, of our Site and its services (each a “Service Claim”).

In an attempt to find the quickest and most efficient resolution of any Service Claim, You and BestOfThemAll.com agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution. If You want to raise a Service Claim, You must send the aforementioned description and proposed resolution by email ([email protected]) and/or certified mail to: The Lifetime Value Co. LLC, Attn: Legal Department, MSC – 149098, P.O. Box 105168, Atlanta, GA 30348-5168. To subsequently discuss Your Service Claim with You, We will contact You using the email address or mailing address You provide in Your letter to Us. If BestOfThemAll.com wants to raise a Service Claim, We will send You the aforementioned description and claim notice to You at the email address that We have on file for You. If We do not have an email address for You on file, BestOfThemAll.com will send Our Service Claim to You through a means that complies with the service of process rules of the State of New York.

IF YOU AND BESTOFTHEMALL.COM DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND BESTOFTHEMALL.COM AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION WITH ARBITRATION RESOLUTION SERVICES INC. (“ARS”) USING ITS RULES AND REGULATIONS GOVERNING THE SUBMISSION OF DISPUTES INVOLVING BUSINESSES AND INDIVIDUALS, AVAILABLE HERE. If ARS is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, if possible under any rules by such organization applicable to disputes between business and consumers, but neither party shall unreasonably withhold their consent.

EXCEPTIONS TO THIS ARBITRATION REQUIREMENT: EITHER PARTY HAS THE RIGHT TO PURSUE: AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK AND TRADE SECRETS AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. BOTH BESTOFTHEMALL.COM AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND BESTOFTHEMALL.COM AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY; OTHERWISE, THE CLAIM IS WAIVED.

Rather than force everyone to visit Us in New York, ARS’ arbitration contemplates arbitration without traveling anywhere, but instead via their cloud-based platform. Disagreements regarding the forum for arbitration will be settled by an ARS arbitrator.

When the 30-day period described above has elapsed, You may, as an individual (but not as a class) initiate the arbitration through the process described in ARS’s Business and Individual Rules. If You initiate the arbitration, Your arbitration fees will be limited to the Application filing fee set forth by ARS rules. You and BestOfThemAll.com acknowledge, understand and agree that any decision or award rendered by ARS may be entered in any court of competent jurisdiction. If the arbitrator rules against BestOfThemAll.com, in addition to accepting whatever responsibility is ordered by the arbitrator, We think it fair that BestOfThemAll.com reimburse Your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. By contrast, if the arbitrator rules in BestOfThemAll.com’s favor, We will not seek reimbursement of Our attorneys’ fees and costs, regardless of who initiated the arbitration.

This is a Class Action and Trial Waiver. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. THE ARBITRATOR’S DECISION OR AWARD WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

2. Modifications to these Terms

We may modify these Terms, in whole or in part, from time to time in Our sole discretion, effective immediately upon posting modified Terms to the Site, provided, however, that any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification. By continuing to use or access the Site or any of its services after modified Terms are posted to the Site, You agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer(s) made available to You on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms.

3. Restrictions on Your Use of the Site and Information Obtained from BestOfThemAll.com—Your Obligations

You are granted a non-exclusive, non-transferable, revocable limited license to access and use the Site, Content, and certain other services, in accordance with these Terms for individual, personal (not professional) use. You acknowledge and agree that BestOfThemAll.com may terminate this license at any time for any reason, but especially in the event that You fail to observe the permissible uses of the Site, as further set forth below.

As a condition to accessing the Site and its assorted services, and without limiting the generality of the foregoing, You agree that, unless otherwise expressly authorized by these Terms or in writing by BestOfThemAll.com, You will not:

I. Use, copy, reproduce, record, retransmit, emulate, clone, sell, resell, rent, lease, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, post, publicly display, perform, digitize, compile or translate any part of the Site, Content, Our other services or other material posted to or made available by or through the Site, for any commercial purpose or for any purpose that is competitive, in BestOfThemAll.com’s sole determination, to BestOfThemAll.com;

II. Access the Site through any automated or manual process for the purpose of mass marketing, spam, direct mail or monitoring the Site’s performance, functionality, vulnerability or availability for any commercial purpose or with tampering or destructive intent;

III. Access, retrieve any data from, or otherwise perform any other activities on or through the Site using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers or spiders);

IV. Create any “derivative works” by altering any aspect of the Site, Content, or Our other services;

V. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or the access of any user, host, network or platform (including, without limitation, sending a virus, spamming, overloading or mail-bombing the Site), or to bypass, disable or block any portion of the Site, associated software, or any BestOfThemAll.com server or computer system or breach any security or authentication measures associated therewith;

VI. Forge any instructions coming from Your computer or otherwise obfuscate the name or location of Your computer or IP address, such as via a Virtual Private Network, in order to disguise the origin of any communication You transmit to or through the Site;

VII. Publish a link to a BestOfThemAll.com web page other than BestOfThemAll.com’s home page (known as “deep-linking”);

VIII. Cover or otherwise obfuscate any advertisement located on BestOfThemAll.com; or

IX. Simulate the appearance or function of BestOfThemAll.com on another website, such as through “framing” or “mirroring.”

4. Proprietary Rights

The proprietary rights to all Content, including, without limitation, any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to BestOfThemAll.com and are protected under applicable laws (including, but not limited to, copyright, trademark and other intellectual property laws). Except as expressly provided in these Terms or with BestOfThemAll.com’s express written consent, You are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, trademarks, service marks, know-how or other proprietary rights of BestOfThemAll.com or with respect to any of the Content. The “BestOfThemAll.com” name and logo as well as all custom graphics, icons and service names are trademarks of BestOfThemAll.com and these and all other rights are reserved. All other trademarks are the property of their respective owners.

BestOfThemAll.com reserves any and all rights not explicitly granted in these Terms. By using the Site, You do not acquire any ownership rights to the Site, Our services, Content, or any other information obtained therefrom.

5. Your Grant of License to Feedback, et al.

We welcome feedback and suggestions about how to improve the Site and the Content. By transmitting any ideas, suggestions, information, or other material, You represent and warrant that such feedback does not infringe, misappropriate or violate the intellectual property or proprietary rights of any third party and that You have all rights necessary to convey such feedback to Us.

Accordingly, You acknowledge and agree that You grant to BestOfThemAll.com, subject to the Privacy Policy, an irrevocable, perpetual, royalty-free, worldwide, unlimited, transferable, assignable, sublicenseable, fully-paid-up non-exclusive right and license to copy, display (in whole or in part), adopt, distribute, publish, reproduce, disseminate, transmit, create derivative works of, commercialize, retain, analyze and otherwise use, worldwide, in any form, media or technology now known or later developed and without any obligation to notify, approve, identify or compensate You or anyone else (and You hereby expressly waive any claim to the contrary), any information, ideas, concepts, comments, feedback, suggestions, Content, Registration Data and any other materials that You submit, directly or indirectly, to BestOfThemAll.com through the Site, including, but not limited to, any ideas or suggestions regarding the Site or Our services. By submitting such information or materials to us, You represent and warrant that Your submission and BestOfThemAll.com’s use of Your submission do not and will not breach any agreement, violate any law, or infringe any right of any third party (including, but not limited to, privacy and intellectual property rights), and that the information You submit is accurate. BestOfThemAll.com does not solicit ideas, concepts or other materials from You regarding improvement of the Site or services provided through the Site and You acknowledge that You are responsible for, and bear all risk as to the use or distribution of, any such ideas, concepts or materials.

6. Posting Reviews, Social Media Forums, Rights to Use and Use at Your Own Risk

You acknowledge and agree that You have no proprietary interest in the contents of the Site or any affiliated websites whatsoever, including, without limitation, any social media pages or forums that We control, such as blogs, message boards, comment areas and other interactive features and functionality where users may post certain comments and other content. Moreover, by submitting Your feedback, suggestions, commentary, review(s) and/or forum contributions, You grant Us a royalty-free, irrevocable, non-exclusive, assignable, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform and display such content or information (in whole or in part) contained in the review or forum for any purpose and/or to incorporate into other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that You have all necessary rights to make Your review and/or forum contributions available to Us and to the Site and You also acknowledge and agree that such reviews and/or forum contributions are non-confidential for all purposes and that We have no control over the extent to which any idea or information therein may be used by any party once such content is posted or displayed. You hereby acknowledge and agree that We assume no responsibility for, and recommend that You do not post, display or transmit, any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own reviews and forum contributions.

To the extent You wish to post honest reviews and commentary of the Site, and any corresponding services or items, and/or any forum contributions, You hereby acknowledge and agree to the following:

You acknowledge and agree that BestOfThemAll.com reserves the right, in its sole discretion, to not post or to remove any posted review and/or forum contribution for any reason and without notice or notification. Similarly, We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

7. Indemnification

You agree to defend, indemnify and hold BestOfThemAll.com, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, arising from or related to: (a) Your use of the Site or any Content You obtain through the Site; (b) Your failure to comply with these Terms including, but not limited to, Your violation of any laws or any rights of another individual or entity. The provisions of this paragraph are for the benefit of BestOfThemAll.com, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on his, her, or its own behalf.

8. Disclaimer of Warranties

You acknowledge that this Site could include technical or other mistakes, inaccuracies or typographical errors. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, AND ANY OTHER BESTOFTHEMALL.COM PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BESTOFTHEMALL.COM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OR ANY OTHER BESTOFTHEMALL.COM PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, AND ANY OTHER BESTOFTHEMALL.COM PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BESTOFTHEMALL.COM AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BESTOFTHEMALL.COM, ANY OTHER USERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

We reserve the right at any time to make any changes to the Site, and add content, materials and features to, and discontinue content, materials and features from, that which is currently a part of Our Site, or other Content. You assume the sole risk of using and/or relying on the Content available on the Site.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. The views and opinions expressed in any blogs, posts, articles or other areas of the Site are those of their respective authors and do not necessarily reflect Our policy or position.

We do not and cannot make any representations or warranties with respect to the use or the results of the use of any information, in any format, made available through, or accessible on the Site. We make no representations or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of the Content for any purpose and expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BESTOFTHEMALL.COM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (though some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSES (EVEN IF BESTOFTHEMALL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OR ANY OTHER BESTOFTHEMALL.COM PRODUCTS OR SERVICES; (b) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY INFORMATION ABOUT YOU MAINTAINED BY BESTOFTHEMALL.COM; AND (c) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER BESTOFTHEMALL.COM PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BESTOFTHEMALL.COM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, OR ANY OTHER BESTOFTHEMALL.COM PRODUCT AND/OR SERVICE MAY BE BROUGHT BY YOU OR BESTOFTHEMALL.COM MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BESTOFTHEMALL.COM AND ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Equitable Relief

You agree that any breach or threatened breach of these Terms or any unauthorized or unlawful use of the Site would result in irreparable injury to BestOfThemAll.com for which monetary damages would be inadequate. In such event, BestOfThemAll.com shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms shall be construed to limit any legal or equitable remedies available to BestOfThemAll.com.

11. Entire Agreement

These Terms, the Privacy Policy, and all other applicable operating rules, policies, and other supplemental terms and conditions or documents that may be published or agreed upon by You from time to time, which are expressly incorporated herein by reference, shall constitute the entire and only agreement between You and BestOfThemAll.com with respect to Your use of the Site. These Terms supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to Your use of the Site and the content contained therein. To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by Us, contains any representation, term or condition that is in conflict or inconsistent with these Terms, these Terms shall take precedence unless revised terms or conditions are contained in a signed writing by one of Our duly appointed officers.

12. Severability

If any provision of these Terms is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms shall remain in full force and effect.

13. Waiver

BestOfThemAll.com’s failure to enforce a specific right or remedy for any breach of, or insist upon strict adherence to, any provision of these Terms shall not operate as or be construed to be a waiver of BestOfThemAll.com’s right to enforce its remedies for breaches of, or insist upon strict adherence to, such provision or any other provision of these Terms. Any waiver of a provision of these Terms must be contained in a signed writing by a duly appointed officer of BestOfThemAll.com.

14. Misconduct

BestOfThemAll.com reserves the right to restrict, suspend or terminate access to the Site if We determine, in Our sole and absolute discretion, that You have violated these Terms.

15. Transferability

These Terms will be binding on, inure to the benefit of and be enforceable by BestOfThemAll.com’s successors and assigns. You are not permitted to transfer, assign, novate or delegate any rights or obligations pursuant to these Terms unless contained in a signed writing by a duly appointed officer of BestOfThemAll.com, and BestOfThemAll.com reserves the right to immediately terminate Your use of the Site and Our services if You attempt to do so.

16. Your Relationship with BestOfThemAll.com

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between BestOfThemAll.com and You or any other party. You have no authority to make or accept any offers or representations on behalf of BestOfThemAll.com.

17. Notices

BestOfThemAll.com may provide legal and other notices to You, in BestOfThemAll.com’s sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by email, postal mail, overnight courier or facsimile to any contact address or number that You have provided to BestOfThemAll.com. If You wish to provide notice to BestOfThemAll.com, You shall send such notice, postage prepaid by either U.S. certified mail or by international or domestic overnight courier, to: The Lifetime Value Co. LLC, MSC – 149098, P.O. Box 105168, Atlanta, GA 30348-5168. Notices You send by email or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of BestOfThemAll.com.

18. How to Contact Us

If You have any questions about these Terms or the practices of BestOfThemAll.com, or if You would like to register a complaint, notify BestOfThemAll.com of a dispute, or notify BestOfThemAll.com of inaccurate or misleading information, please feel free to contact 1-866-885-6480, at [email protected], or via certified mail at:

BestOfThemAll.com

MSC – 149098

P.O. Box 105168

Atlanta, GA 30348-5168