Terms of Use

The use of the World’s Best web site ("Site") indicates your unconditional acceptance of these terms of use ("Terms of Use"). You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. By visiting or using the Site, you agree to comply with and to be legally bound by these Terms of Use and the Privacy Policy.

World’s Best reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

By registering on the Site ("Registrant"), you represent that you are (a) at least 18 years of age; (b) are of legal age to form a binding contract; and (3) that your use of the Site does not violate any applicable laws or the Terms of Use. If you do not meet these requirements, you may not use the Site.

As a Registrant, you agree to provide accurate, current and complete information about yourself as prompted by the Site's registration form. You may not register or purchase items for sale under a false name or by using an invalid or unauthorized credit card or by using another person’s password.

Registrants may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

By completing and submitting your registration, you agree to receive important email communications from us regarding your account but you will have the option to "unsubscribe" to emails for marketing and promotional purposes.. Any communications between you and World’s Best may be recorded and archived.

The Site provides a marketplace for persons seeking to purchase items online ("Buyers") to purchase items for sale from merchants on the Site("Sellers"). The role of World’s Best is expressly limited to making the Site available to Buyers and Sellers and to maintaining the Site. In this capacity, World’s Best is strictly an intermediary between the Buyers and Sellers and is not an agent for either the Buyer or Seller for any purpose except to facilitate the processing of the purchase order and Buyer’s payment. In so doing, World’s Best accepts responsibility for the safe processing of the Buyer’s payment through the Site. However, World’s Best does not accept and specifically disclaims any responsibility or liability of any kind for any actions of either the Buyer or Seller, including but not limited to, any negligence, misconduct or other inappropriate, unlawful or unprofessional conduct by the Seller in connection with any sales transaction entered into on or through the Site. Prospective Buyers understand and acknowledge that most of the items displayed on the Site are unique and are concurrently being offered for sale in a physical store location or on other websites. Consequently, it is possible that an item ordered by a Buyer on the Site may no longer be available for sale. World’s Best assumes no responsibility or liability for the unavailability of any items displayed on the Site.

The Buyer may make an offer to purchase an Item directly by completing the Site’s checkout process or by contacting World’s Best through any method listed on the Site. At that time the Buyer shall submit valid payment information to World’s Best for payment of the Total Purchase Amount including valid credit card and billing address information. For items that require full or partial payment by bank wire, the Buyer will be informed of such requirements in advance of checkout and the making of an offer by the Buyer through checkout or by other means shall constitute acceptance of the required method of payment. The "Total Purchase Amount" is the price agreed to on the Site between Buyer and Seller and includes (i) the agreed price of the Item (the "Purchase Price"); (ii) if applicable, shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the Seller is required to collect from the Buyer under applicable law at the time of sale. In the event that all or part of the Total Purchase Amount is required to be made by bank wire, the Buyer’s offer constitutes his/her agreement to complete the bank wire payment within a maximum of two (2) business days following issuance of a Confirmation of Sale.

By making an offer to purchase through the checkout process or by communicating a separate offer to purchase an item on terms proposed by the Buyer, the Buyer irrevocably agrees to pay the Total Purchase Amount and the Seller agrees to sell the Item for the Total Purchase Amount upon issuance to Buyer of a Confirmation of Sale. The Seller’s acceptance of the offer will be communicated by World’s Best to the Buyer in a Confirmation of Sale. A Confirmation of Sale may be made through any form of communication, including through a message sent on the Site, by email to the registered email address, by telephonic notice, or other means, and may be in various forms or terminology indicating that the Buyer’s purchase is being confirmed and that payment in full by the Buyer has been processed or that Buyer is now required to send payment due in accordance with instructions. The Buyer irrevocably authorizes World’s Best to charge the Buyer’s credit card or to issue an invoice for payment by any alternative payment methods required upon issuance of a Confirmation of Sale.

World’s Best reserves the right in its absolute and sole discretion to accept or decline any offer or purchase order. All purchase orders received are subject to review by World’s Best and are not deemed approved unless and until they are expressly confirmed by World’s Best. Such review includes, but is not limited to, verification of the order information, payment method, credit check, assessment of any potential security concerns, approval of the transaction by any independent financial processing company employed by World’s Best and compliance with other terms and conditions.

An offer may not be canceled or revoked by the Buyer unless the offer was made at a time prior to issuance of a Confirmation of Sale such as prior to confirmation of the availability of the item being purchased, the acceptance by the Seller of the Buyer’s offer price or determination of the cost of shipping if not previously established and presented to the Buyer (and subject to any statutory rights a Buyer may have). The issuance of a Confirmation of Sale constitutes acceptance of the Buyer’s offer and a binding contract between the Buyer and Seller for the purchase and sale of the item. Neither World’s Best nor any Seller shall be liable for failure to confirm a Buyer’s offer for any reason, including but not limited to, the item is no longer available for sale, the price has changed, the item has been lost, damaged or stolen, there is a mistake in the description or price of the item, or any other reason. In such cases, the Buyer’s offer shall be deemed to have not been accepted by the Seller.

Once a Confirmation of Sale has been issued to the Buyer, a purchase order may not be canceled or revoked by the Buyer. All purchases are subject to any applicable returns policies in effect by the Seller at the time of purchase. World’s Best is not responsible for the administration of the Seller’s return policies, the shipping of goods to Buyers or the return of any goods to Sellers, all such matters being the responsibility of the Buyer and Seller respectively. Once a Confirmation of Sale has been issued to the Buyer, World’s Best has completed its service and has earned its service fee for the transaction. World’s Best shall have no further responsibility to the Buyer.

From time to time, World’s Best and/or Sellers may make various offers, promotions, discounts or other benefits available in connection with certain items for sale on the Site or to certain World’s Best account members. World’s Best and/or the Sellers retain the right, in their sole and absolute discretion, to determine the terms and conditions of all such offers or promotions, including but not limited to, the amount, duration, terms or limitations of such offers or promotions and the eligibility of any items or members for such offers or promotions (subject only to state, local and federal law). World’s Best and/or Sellers reserve the right to implement, amend or revoke any such offers or promotions without notice unless a Confirmation of Sale has previously been issued for an item for which such offer or promotion was then in effect. Offers or promotions may be applicable to some but not all World’s Best members at various times as determined by World’s Best and/or the Sellers, including but not limited to, promotions to reward prior purchases, promotions for first-time buyers and promotions for certain types or categories of merchandise or price points.

Payment by credit card is available only to eligible U.S. residents with a verified U.S. billing and shipping address and subject to the review and confirmation set forth in paragraph 6 herein.. Buyer irrevocably authorizes World’s Best (i) to use the credit card information provided to World’s Best by the Buyer and (ii) upon confirmation of a sale, to charge to Buyer’s credit card the full amount of the purchase price, shipping charges, taxes and other charges associated with Buyer’s purchase. If, for any reason, Buyer cancels a payment made by credit card or by any other means fails to pay the total amount due for the item purchased without first receiving authorization from World’s Best, Buyer shall be liable for payment of the total amount due plus any additional costs incurred in collection, shipment, processing costs or other costs associated with Buyer’s order.

Buyer is solely responsible for paying all sales and use taxes, export and/or import taxes and duties, VAT and any other taxes or levies related to the purchase of each item on the Site. All international Buyers are urged to contact qualified professionals in their jurisdictions for information on customs, VAT and duties that may be applicable to their purchase. It is the responsibility of the Buyer to determine, pay and report to the appropriate taxing authorities the correct amount of all taxes, duties or levies due on the purchase of any items on the Site. For international shipments, Seller will not be collecting any taxes, duties, VAT or other charges that may apply and Buyer will be solely responsible for such charges in order to obtain final customs clearance. Prices on the Site do not include any provision for charges that may be issued or levied by any jurisdiction outside the United States.

World’s Best relies upon a network of independent Sellers who sell items on the Site and who are solely responsible for shipping those items directly to the Buyers. These Sellers are independent, third-party merchants who are solely responsible for the content of all product displays, photos, images, logos, descriptions and pricing of goods sold through the Site. Without limitation, World’s Best is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by such independent Sellers, even if appearing on the Site or in emails from us. Nothing on the Site shall be deemed to confer on any person any license or rights with respect to any such photos, images, logo, product descriptions or other intellectual property.

All items displayed by Sellers on the Site are sold "as is" based on the Seller’s description. World’s Best makes no representation or warranty, express or implied, to any Buyer with respect to any item purchased on the Site, including without limitation, its condition, merchantability, fitness for a particular purpose, rarity, importance, designer or creator, historical or commercial significance, intellectual property rights, title, provenance, conformity to any description or images as viewed on the Buyer’s computer monitor or otherwise.

You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of World’s Best and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the look or operation of the Site (for example, recommendations for improvements or features), implementation of that feedback is owned by us and may become part of the Site without compensation to you. World’s Best, World’s Best Inc. and www.worldsbest.com are legally protected intellectual properties and may not be used without authorization. We reserve all rights in and to the Site unless we expressly state otherwise.

You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Site. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials or intellectual property. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. If you post User Content, you are representing and warranting to us that you either own all the content you are posting in the User Content, or you have the right to post the User Content. Furthermore, you are representing and warranting that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional terms, payments, obligations or other requirements. If you do not have these rights, do not post the User Content.

By posting your User Content, you do not lose any ownership rights you may have to it: However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Site a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Site, and to use such User Content as permitted through the functionality of the Site and under these Terms of Use.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of World’s Best or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

• Sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.
• Use the content and materials for any purpose not expressly permitted in these Terms of Use, including any use that may be viewed as unlawful, threatening, abusive, harassing or intimidating to any other users or Sellers.
• Decompile, copy, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, or to discover or attempt to discover the html or source code with respect to the Site or otherwise copy or disseminate any proprietary information.
• Copy, frameset, enclose or otherwise distribute any part of the Site.
• Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
• Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
• Attempt to obtain unauthorized access to any computer system, including without limitation access to any API that may be provided by World’s Best in a manner not authorized by World’s Best; or to engage in any activity that disrupts or diminishes the quality of the Site or interferes with the proper functioning of the Site.
• Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
• Impersonate any other person including but not limited to, a registered user of this Site or an employee of World’s Best.
• Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
• Misrepresent the identity of a user or use a false e-mail address.
• Tamper with or obtain access to this Site or any component of this Site.
• Conduct fraudulent activities.
• Collect or harvest email addresses or other information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
• Abuse special discounts, awards or incentives offered by World’s Best.
• Use automated means to download data from the Site or to use "posting agents" to post items on the Site
17. Prohibited User Content

If we allow you to upload User Content, you may not:

• Provide User Content that you do not have the right to submit, unless you have the owner's permission. This includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
• Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
• Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
• Provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
• Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
• Use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
• Provide User Content which disparage us or our partners, merchants or affiliates.

We have the sole right, but not necessarily the obligation, to delete any User Content that violates these rules or that we believe to be inappropriate for any reason.

18. Your User Content Becomes Public

You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. To the contrary, you should assume that any User Content posted on the Site will be widely and publicly disseminated and available for public viewing to anyone around the world. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of World’s Best, its users or the public as required or permitted by law.

19. We Are Not Responsible for User Content

We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.

20. Accuracy of Purchase Information

World’s Best may work with outside providers for maintenance of the World’s Best website. We and our partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of managing third-party content on the internet, occasional mistakes or inaccuracies may appear on the Site. World’s Best reserves the right, in its sole and absolute discretion, to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, World’s Best will void the purchase and attempt to contact you via either phone or email to inquire if you would like to purchase the item for the correct price.

21. Suggested Retail Prices

Sellers may display suggested retail prices for goods offered on the Site based on pricing information provided by merchants, manufacturers, or other sources. World’s Best makes no representations about the reliability or accuracy of any such information listed on the Site and assumes no responsibility or liability for any inaccuracies in such information.

22. No Implied Endorsement of Third-Party Websites

The Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by World’s Best of that third party, third party website or of any product or service provided by that third party. Users of our Site are encouraged to read the terms of use and privacy policies of these other websites.

23. Indemnification

By using this Site, you agree to indemnify, hold harmless and defend World’s Best, its respective members, officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. World’s Best reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

24. Risk of Loss

The Seller has represented to World’s Best that the Seller is the owner of each item and that Seller will convey title for each item to the Buyer upon receipt of the amount due from Buyer less any agreed fees or expenses authorized to be paid to World’s Best. The items purchased from our Site are typically shipped by Sellers using a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon the Seller’s delivery of the item to the carrier for shipment. Please refer to any shipping insurance options available through the Seller prior to purchasing any merchandise

25. International Use

World’s Best makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

26. Unavailability of Site

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or registration, for any reason, including without limitation, breach of these Terms of Use. We may decide to cease making available the Site or any portion of the Site at any time and for any reason including routine maintenance, Site improvements or to address any issues with the Site. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will World’s Best be liable for any damages due to such interruptions or lack of availability.

27. Copyright Infringement Notice and Take Down Procedures

If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; and (e) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Such notices may be sent to World’s Best at 17330 Preston Road, Suite 200D, Dallas, TX. 75252 or by email to notices@worldsbest.com.

28. Disclaimer of Warranty

THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WORLD’S BEST DOES NOT WARRANT THAT (1) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

29. Limitation of Liability

IN NO EVENT SHALL WORLD’S BEST OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF WORLD’S BEST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF WORLD’S BEST OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO WORLD’S BEST IN CONNECTION WITH THE APPLICABLE TRANSACTION OR IF YOU HAVE NOT PAID ANY AMOUNT, THE SUM OF $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WORLD’S BEST OR ITS MEMBERS, OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF WORLD’S BEST.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

30. Termination

If, at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Site for failure to comply with these Terms of Use or otherwise for cause, we will not refund any fees you may have paid for goods that have been shipped. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site.

We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your account are terminated, the restrictions regarding intellectual property matters and the representations, warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

31. Applicable Law and Arbitration

The laws of the state of Texas govern these Terms of Use and all of its provisions and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Each party agrees that it will work in good faith to resolve any disputes or claims through negotiation and mutual agreement. Only if such good faith negotiations are unsuccessful in resolving the matter, each party consents that any unresolved dispute or claim relating in any way to these Terms of Use or the use of the Site will be resolved by binding arbitration as described in this paragraph, rather than in court, except that we may bring suit in the state or Federal courts to enjoin infringement or other misuse of our intellectual property rights. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Such arbitration shall take place in Dallas, Texas USA before one arbitrator where the amount in controversy is less than $100,000 USD and before three arbitrators if the amount in controversy is greater than $100,000 USD. Judgment on the award rendered in such arbitration may be entered in any court having jurisdiction. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent in Texas. Payment of all filing, administration and arbitrator fees will be governed by JAM’s rules. Each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, any dispute is determined not to be eligible for resolution through arbitration as provided herein, any dispute in federal court will be in Collin County, Texas or, if in state court, in Dallas, Texas.

32. Miscellaneous

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy and the Merchant Agreement (if applicable), constitute the entire agreement between you and World’s Best with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and World’s Best with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of World’s Best to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. A failure by World’s Best to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the provisions of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

33. Notices

Any notices to World’s Best under these Terms of Use shall be sent by email to notices@worldsbest.com or by US Mail addressed to: World’s Best, 17330 Preston Road, Suite 200D, Dallas, TX. 75252

Modified on October 28, 2016