1. ACCESS AND USE OF THE WEBSITE
In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements. Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties (“Linked Services”), and the existence of such links do not constitute an endorsement by Tuition Games of the Linked Services or the content thereof. The Linked Services are not under the control of Tuition Games and accordingly Tuition Games is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.
Tuition Games has no obligation to maintain the Website, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. Tuition Games reserves the right to render the Website, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Website or any portion thereof, at any time and for any or no reason, without prior notice or liability to you.
If products and/or services are made available for purchase through the Website and you wish to purchase such products and/or services, you may be asked by Tuition Games or its designee (or, if such product or service is being made available by a third party provider, by such third party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. Verification of information may be required prior to acceptance of any order through the Website. Descriptions or images of, or references to, products and/or services on the Website do not imply Tuition Games endorsement of such products and/or services. Tuition Games reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to the Website with any product or service. Price and availability of any product or service offered through the Website is subject to change without notice. Refunds and exchanges shall be subject to Tuition Games refund and exchange policies, as may be made available by Tuition Games and updated by Tuition Games from time to time. There are no refunds for purchases made, please review the policies on the Faq’s page. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. To the extent applicable, in the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed on-line can be intercepted by others and used unlawfully. Accordingly, Tuition Games cannot warrant the security of your personal information.
This Website is not for children under 13. We do not knowingly request or solicit personally identifiable information from anyone under the age of 13, nor do we communicate with children under 13 by email, phone or in any other manner without the express written consent of their parent or guardian. If we become aware that we have received personal information from a child under 13, we will delete that information as quickly as is reasonably possible and cease further communication with such individual.
4. SITE FEATURE
(a) General Information. Our Website is primarily meant to provide you with information about Tuition Games events and about our company. While we try to keep our Website up-to-date and accurate, we take no responsibility for any incorrect information on the Website.
(b) Your Submissions. Our Website may also include: surveys to help us learn about you or your interest in volunteering at an event, hosting an event, or being part of a news story about an event; newsletter sign-up; and a poster request form. We do not guarantee any confidentiality or anonymity with respect to any information you provide to us. By submitting information, photos or other materials to us through the website or via email, you expressly: 1) give us permission to use such materials for any purpose; and 2) represent and warrant that you are the owner of such materials and have the right to grant us ownership in them or permit us to use them for any purpose. For example, if you email us your photo, we have your permission to (among other things): shop your story and photo to any media outlets we choose, put such media outlet(s) in touch with you, and we have your permission to use your materials (including, without limitation, your photo and story and any other materials submitted) and grant others the use of foregoing materials.
(a) Ours. Unless otherwise specified, all intellectual property rights in and to the logos, trademarks, copyrights, trade dress, trade names, designs, photos, videos, and other material, which may include certain footage (video and audio), photographs, text, images, logos and other media and intellectual property related to or otherwise associated with Tuition Games (collectively, the “Tuition Games Material”), on our Website is owned by Tgames Holdings ltd and licensed for use. The Website and its content, including the selection, coordination, arrangement and enhancement of content and the design, layout and “look and feel” of the Website, constitute valuable intellectual property of Tuition Games, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws. Unless Tuition Games provides to you advance written approval, you may not copy, modify, publish, upload, transmit, distribute, perform, publicly display, or otherwise use any of the Tuition Games Material in whole or part in a manner inconsistent with the United States Copyright Act, including, without limitation, any “fair use” provisions (17 U.S.C § 107). Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to any Tuition Games Material without the written permission of Tuition Games. Use of our Tuition Games Material for any purpose without first obtaining our express written permission may be a violation of our copyright and/or other proprietary rights. You may not “frame” the content of this Website within another website. You may not use any meta tags or any other “hidden text” utilizing any Tuition Games trademarks without the express written consent of Tuition Games.
In order to access or use certain portions of the Website, you may be required to register and provide certain information. If you opt to register for any portion of this Website, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Tuition Games has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Tuition Games shall have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You acknowledge and agree that Tuition Games may rely on the Registration Data to send you important information and notices regarding your account and the Website. You acknowledge and agree that Tuition Games shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Website or your account. You further agree that Tuition Games is authorized to verify such Registration Data. You are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username, and you will notify Tuition Games immediately in the event of unauthorized use of your password or account.
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted on, submitted through, or otherwise sent to Tuition Games as a result of, your use of the Website shall become and remain the exclusive property of Tuition Games. Your posting, submission or sending of any such Comments shall constitute an assignment to Tuition Games of all worldwide right, title and interest, including all intellectual property rights, in and to the Comments, and Tuition Games will be entitled to use, reproduce, disclose, publish, distribute and otherwise exploit any Comments for any purpose whatsoever, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and claims against Tuition Games in connection with the foregoing. All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to Tuition Games, on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to Tuition Games, including without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork (all of the foregoing, collectively, “Unsolicited Ideas”). If you submit or otherwise send to Tuition Games any Unsolicited Idea, by doing so you acknowledging and agreeing that: (1) you are not posting, submitting or sending any confidential or proprietary information; (2) Tuition Games has no obligation to review or use the Unsolicited Idea or to keep it confidential; and (3) Tuition Games will consider the Unsolicited Idea as a Comment assigned to and owned by Tuition Games, which it may use, reproduce, disclose, publish, distribute or otherwise exploit for any purpose whatsoever, without restriction or liability and without notifying or compensating you, and you hereby agree to waive any and claims against Tuition Games in connection with the foregoing.
6. DMCA NOTICE
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act [see 17 U.S.C § 512(c)(3)] by providing our Copyright Agent at support@TuitionGames.com with the following information in writing:
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the copyright, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
7. REFUNDS – EVENT RULES – DISCLAIMERS
Refunds: Participant acknowledges and agrees that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for the event are not refundable for any reason under any circumstances, including but not limited to injury, eligibility, a scheduling conflict, and/or event cancellation. In the case of an event being cancelled a new date shall be scheduled within 6 months of the event you registered for. Your registration will be carried over under the one to one terms; meaning if the new event is more expensive you will not be required to pay more and vice versa. In the event the event was not replaced a full refund will be made. In such instances that the Participant can no longer attend the scheduled event, the registration is non-transferable to other locations, dates or other individuals. Notwithstanding the foregoing, Participants understands that active duty or deployed military participants may be entitled to a refund on a case-by-case basis upon providing sufficient, official documentation regarding the deployment that conflicts with the event.
No Liability: Participant acknowledges and agrees that: TG has made no representation or warranty as to the suitability of the event and Event for any specific purpose; TG shall not undertake responsibility nor shall it be liable for the actions of any participant or third party in the event. TG and its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, officers, directors, employees, staff, agents, servants, successors and assigns, the owner of the venue of the event, sponsors, or independent contractors shall not be responsible for any injury, loss, costs, damages, consequential, special or punitive, or liability incurred by Participant of any nature including, but not limited to, those arising from any form of negligence, gross negligence, strict liability, reckless misconduct, intentional torts, personal injury, or criminal activity. Participant acknowledges and agrees that: this Agreement and Waiver is made in the State of Connecticut and shall be governed by and construed in accordance with Connecticut law without respect to its choice of law provisions; that all of the acknowledges, agreements, understandings, covenants, promises, representations, warranties, waivers, consents and releases contained in this Agreement and Waiver shall be binding upon me, my heirs, executors, administrators, personal or legal representatives, successors, assigns and all members of my family; and that the prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees from the other party for all matters including, but not limited to, appeals.
Rules: Participant acknowledges and agrees to become familiar with and abide by all written and/or posted rules TG related to the Event, as well as all written and/or posted rules of the event. Participant further acknowledges and agrees to comply with all directions, instructions and decisions of TG and Event personnel. Participant further acknowledges and agrees not to challenge these rules, directions, instructions, or decisions on any basis at any time.
1. Participants are 18+ years of age at the time of purchase or event.
2. Participants are eligible to participate in physical events, both physically and mentally.
3. Participants must complete each section of the event in the order given.
4. Participants may not cheat in any way beneficial to them that gives them any advantage.
5. Participants will not solve puzzles, trivia share solutions or any information regarding event to any other participant.
6. Participant will follow any rules at the event
7. Participant must have a form of educational related debt. Winners will need to provide additional information, confirmable information to comply with this rule.
8. Participant will obey civil and criminal laws including traffic laws
9) no urination or defecation is permitted outside of designated areas at the Event
10) no wheeled conveyances or pets are allowed in the Event; at any time;
11) no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted.
Participant’s Representations and Warranties: Participant represents and warrants that I am in sufficient good health, and in proper physical condition, to take part in the event. I further agree and warrant that if at any time I believe, or become concerned, that any activity is or may be unsafe for me or others, I will immediately discontinue my participation. Therefore, I assume full responsibility for myself, for bodily injury, death, loss of personal property and expenses thereof as a result of these inherent risks or dangers and for any negligence or risks from my participating in the Event.
Attitude and Behavior: Participant acknowledges and agrees to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.
Prizes: All winners will be required to provide eligibility information including but not limited to, proof of age, date of birth, residence, personally identifiable information. All prize winners must also provide proof of indebtedness in direct relation to education and studies. There must be a balance of at least $1 on the date of the event or prior. TG reserves the right to confirm information provided as it sees fit on a case by case basis. If the winner does not provide satisfactory information within 5 business days of winning, they forfeit their winnings and the second (2nd) participant place moves to first (1st) and so forth as needed. Prizes are paid out in the form of a check or wire transfer within 5 business days of satisfying eligibility requirements. Any taxes (federal, state, local or other), fees, levies, garnishments or any other expenses are the sole responsibility of participant. Winners also agree to up to an additional ten (10) event appearances at the request of TG where accommodations, travel and lost wages will be covered by TG.
Results: Tuition Games uses a variety of technologies to confirm times and completion of courses, including but not limited to Photo/Video, RFID, GPS, WiFi, Bluetooth and others. These are used to confirm the completion of events and I agree to any technologies used on me for this purpose.
Alcohol & Drugs: Participant certifies that I am not, and on the date of the Event will not be, under the influence of alcohol or any drugs or any other item that would in any way impair my ability to safely participate in the Event, or my judgment. I further, understand that alcohol consumption prior, during and following the Event is discouraged by TG and take full responsibility for any decision to consume alcohol at that time.
Dangerous and Extreme Conditions: By participating in the event, Participant acknowledges and agrees that: there are inherent risks in any adventure or obstacle run activity, which inherent risks include, among others, the risk of injury, illness, or death and the ever-present danger posed by the following activities which may, or may not, be offered by TG in the Event: strobe lights, climbing ladders, unknown obstacles, puzzles, trivia, low visibility obstacles, extreme heat, extreme cold, wind, running in the dark, smoke conditions, loud noises, sliding, jumping, carrying heavy objects, high pressure water, physical obstacles, breaking objects, and flying debris; and that there are dangers and rigors imposed by such activities. Knowing and understanding these risks, Participant agrees to fully assume all risk of illness, injury and death arising from or related to my participation in the Event Participant further understands and acknowledges that: the Event may take place in extreme heat, extreme cold, extreme heights, and in confined spaces with strobe lights and conditions that contain inherent dangers including, but not limited to, weather, wind, water, mud, ropes, rain, snow, hail, terrain, extreme heat, extreme cold, and heavy equipment; that if I participate in this Event, I am doing so with the knowledge that such inherent dangers may occur; and that I have the option to cease participation in the event if I feel unsafe. Participant further agrees to bear the expense of voluntarily withdrawing or ceasing participation in the Event before it is concluded.
Delay or Cancellation: TG reserves the right to change the time and date and location of the Event at its sole and absolute discretion due to, but not limited to, weather and atmospheric conditions. Further, TG reserves the right to change the course design or other aspects of the Event to maintain the health, safety, and enjoyment of the participants. All entry fee payments are final and non-refundable. Further, Participant understands that Participant will not be entitled to a refund of any other costs incurred in connection with the event outside of what has is contained in this agreement.
Govern Participation: Participant acknowledges and agrees that TG has the authority to issue instructions or directions relating to the manner of my safe participation in the Event and the authority to halt my participation in the Event at any time they deem it necessary to protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of Tuition Games.
Removal: TG reserves the right to prevent any participant from the Event or to terminate any participant at any time and in its sole and absolute discretion, if such participant is conducting him/herself in a way which is detrimental to the health, safety, or enjoyment of any other participant, including the offending participant or in any way violates any of the terms and conditions hereof (collectively, “for cause”). Participant agrees to abide by any TG decision regarding my participation in the Event and any awards given by TG. Participant acknowledges and agrees that: there will be no refund for which payment has been received by TG; that I was provided with this Agreement and Waiver prior to my attendance at the Event; and that I had the option to forgo attendance at the Event without agreeing to the terms in this Agreement and Waiver.
Participant Consent to Recording and Use of Name, Likeness, etc.: For valuable consideration, including Participant being allowed to participate in the Program and Event, Participant hereby irrevocably authorizes and consents to the following:
(i) TG and their designees and licensees filming, taping, photographing, recording, and otherwise capturing by any means now known or hereafter devised, my name, likeness, appearance, voice, performances, activities, interviews, signatures, and biographical information (collectively “Participant Identity”) during and in connection with the Program and Event;
(ii) TG, its affiliates and partners, and their designees and licensees making unlimited and unrestricted use, reproduction, editing, adaption, public display, public performance, broadcast, exhibition, streaming, publication, and distribution (whether by sale, lease, rental, or otherwise) of any and all photographs, still images, video and audio footage, recordings, transcripts, and other fixations and embodiments of Participant Identity resulting from the aforementioned filming, taping, photographing, recording, and capturing (collectively “Recordings”) for any and all lawful purposes (commercial and non-commercial), including, without limitation, broadcasting, syndication, publishing, advertising, promotion, marketing, merchandising, editorial, education, training, public relations, charitable, and fundraising purposes, in perpetuity and throughout the universe, via any and all media now known or hereafter devised (including, without limitation, the Internet and mobile and wireless media, television, radio, print and electronic publications, and merchandise). Participant acknowledges and agrees that as between Participant and TG, any and all Recordings and all copyrights and other intellectual property rights therein and thereto shall belong to and become the sole property of TG. Participant further understands, acknowledges and agrees that TG, as sole owner, has the full right to sell and/or profit from the commercial use of such Recordings or to transfer or assign the rights to use such Recordings to any entity without restriction and that in no event shall I have the right to enjoin the making, production, distribution, use or other exploitation of any Recordings by TG, its affiliates and partners, and their designees and licensees.
use the Website or its content for any illegal purpose;
attempt to gain unauthorized access to any other user’s computer systems or networks associated with the Website;
modify or attempt to modify or in any way tamper with Website;
use the Website or any of its content in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, right of privacy or right of publicity; or
interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.
In connection with your use of the Website, you must not and User Content shall not: (a) defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person; (d) post or distribute any material that infringes and/or violates any right of a third party or any law; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) advertise or sell to or solicit others; (g) use the Website for any personal commercial purposes of any kind not related to Tuition Games; (h) post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus; (i) restrict or inhibit any other user from using and enjoying the services or features of the Website; (j) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose; (k) use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website; (m) gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means; (n) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or (o) gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND YOUR USE OF THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.
AN EVENT MAY CANCELLED, MOVED OR RESCHEDULED AT OUR SOLE DISCRETION. EVENT ADDRESS MAY BE CHANGED WITHIN 7 DAYS OF EVENT TO A NEW LOCATION, DATE OR TIME. REASONABLE EFFORT WILL BE MADE TO MAKE CHANGES EASY ON CUSTOMER AND PARTICIPANTS HOWEVER WE DO NOT TAKE ANY RESPONSIBILITY FOR COSTS OR ANY OTHER ISSUES WHICH MAY ARISE.
IN ADDITION, TUITION GAMES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE SITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECAOMMUNICATIONS APPARATUS; AND/OR (G) ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
Tuition Games explicitly disclaims any responsibility for the accuracy or availability of information found on third party websites that link to or from this Website. Tuition Games cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. Tuition Games does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. Tuition Games does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. Tuition Games strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise Tuition Games (at the contact information provided below) if you discover any inaccuracy in this content.
11. LIMITATION OF LIABILITY
12. JURISDICTION; GOVERNING LAW.
By using the Website, you agree to submit to submit any and all controversies, disputes or claims arising out of or related to your use of the Website for arbitration to be conducted in Cheyenne, Wyoming, and administered by the American Arbitration Association (“Arbitration Agreement”). By using the Website, you agree that the arbitration of any dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Tuition Games or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Tuition Games. You agree that the arbitrator of any dispute between you and Tuition Games may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and such dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You agree that you will assert any claim arising out of your use of the Website within one (1) year after the claim arises, or such claim will be barred.
TUITION GAMES is a trademark of Tgames Holdings ltd used under license. Our trademarks may not be used in connection with any product or service that is not Tuition Games in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits TGames Holdings ltd or Nationwide Events Ltd.
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