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Welcome to TuitionGames.com (the “Website”). What follows are the terms of use for the Website and everything on it, including all subpages, whether accessed through mobile devices, tablets, smart watch, personal computers or other personal devices. These terms (the “Terms of Use”) are a legal agreement between you and Tuition Games (“Tuition Games”, “us”, “we”, “our”).

1. ACCESS AND USE OF THE WEBSITE

The Terms of Use apply to your use of the Website. Please read these Terms of Use carefully before accessing and/or using the Website. In addition to these Terms of Use, our Website is also subject to the Privacy Policy at our Privacy Policy Page, which is expressly made a part of our agreement with you. By accessing our Website, you are explicitly acknowledging that you have read and understand these Terms of Use and the Privacy Policy and you agree to be bound by them, and all applicable laws and regulations governing your access and use of the Website. If you do not agree to these Terms of Use, the Privacy Policy and all applicable laws and regulations governing your access and use of the Website, you are not authorized to use this Website.

Tuition Games reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Website after Tuition Games has made changes will mean that you agree to the changes. In addition, hereby incorporated into the Terms of Use are all special terms, conditions and rules that may be referred to by particular features and services located on the Website that may be applicable to your access and/or use of such features or services. These Terms of Use apply whether you are accessing the Website and/or services through the use of your personal computer, a mobile device or any other technology or software known today or developed in the future.

Subject to your compliance with these Terms of Use, Tuition Games gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Website solely for your personal and non-commercial use.

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.

2. E-COMMERCE

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.

3. RESTRICTIONS

The Website is intended for use by adults who reside in the United States of America, or those adults outside of the United States of America who, by using the Website, consent to use of the Website in accordance with United States of America laws, these Terms of Use and our Privacy Policy. If you choose to access the Website from locations outside of the United States of America, you do so on your own initiative and at your own risk. By using or attempting to use the Website, you are representing to Tuition Games that you meet the foregoing eligibility requirements and have the legal capacity to enter into and be bound by these Terms of Use.

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.

(c) Event Registration (Participant and Spectator). Signing-up to participate in or watch a Tuition Games event requires creation of an account and registration through PayPal.com The information you provide to PayPal.com to register for a Tuition Games event will be shared with us, but PayPal.com may have its own terms of use and privacy policy. We are not responsible for your PayPal.com account or any information you provide to PayPal.com to create an account. You must contact PayPal.com for any issues with your PayPal.com account. Please review our Privacy Policy for more on how we use registration information received from you.

5. OWNERSHIP

(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.

The Website and its content are licensed, not sold, to you, and your limited rights to access and use the Website and its content are conditioned upon your compliance with these Terms of Use. No act of downloading or copying from, or otherwise using, the Website, even with Tuition Games’ permission, will transfer any title, interest or right in or to any part of the Website and its content to you. Tuition Games hereby expressly reserves all rights not expressly granted in and to the Website and its content.

(b) Yours. The Website may enable its users to post, upload or otherwise make available through the Website certain user-generated information. You acknowledge and agree that all user generated content and related information, data, text, or other materials, whether publicly posted or privately transmitted (collectively, “User Content”), are the sole responsibility of the person from whom the material or information originated. You acknowledge and agree that Tuition Games does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Website, you may be exposed to User Content that you may consider offensive or objectionable. In the event that you submit User Content, you agree that such User Content shall become the sole property of Tuition Games. In the event that you retain ownership rights in any User Content, you grant us a free, worldwide, perpetual right to modify, reproduce, distribute, publicly display, create derivative works of, incorporate such materials into any form, medium or technology now known or later developed throughout the universe and perform the materials you have submitted, including, without, limitation, your name and likeness, and allow others to do the same for any purpose, including, without limitation, commercial purposes. You agree that all of your User Content shall not contain any third party materials, and that you will not receive any compensation whatsoever for the aforementioned usage, and you are not entitled to make any claim in connection with our exercise of the permissions you have granted us, including, without limitation, claim(s) based on invasion of privacy, idea misappropriation, other violation of your civil rights, or defamation. In addition, you warrant that all so-called “moral rights” in User Content have been waived. Any such User Content submitted will be treated as non-confidential and non-proprietary, and by submitting such materials you acknowledge that any such materials (i) may be used, read or intercepted by others; (ii) create no confidential, fiduciary, contractually implied or other relationship between you and Tuition Games other than pursuant to these Terms of Use; and (iii) are subject to the grant of rights to Tuition Games as described herein. For the avoidance of doubt, User Content also includes unsolicited submissions, such as new or improved obstacles, event formats, products names, advertising, marketing or promotional campaigns, technological advancements or website suggestions. Although Tuition Games typically discourage you from making such unsolicited submissions, the foregoing ownership rights with respect to User Content shall apply.

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.

Tuition Games reserves the right, but not the obligation, in the exercise of its sole discretion, to remove or edit User Content from the Website at any time and for any reason, including but not limited to User Content that (i) violates any term of these Terms of Use; or (ii) is illegal, offensive or inappropriate. Any violation of these Terms of Use may result in termination of your access to the Website and disclosure of your personal information to the applicable law enforcement authorities, where appropriate.

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.

We give you permission to use our Website so long as you abide by these Terms of Use and our Privacy Policy and do not use the materials on the Website for any commercial purpose;

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.

8. TERMINATION

We reserve the right to suspend or terminate your access to the Website at anytime if we suspect that your use of the Website or its content may be unlawful, violate the rights of third parties or any of the terms of these Terms of Use or our Privacy Policy. Upon any such termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these Terms of Use or otherwise.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Tuition Games and its directors, members, shareholders, partners, employees and respective agents, and contractors from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Website; any material you post, upload, e-mail or otherwise transmit using the Website; your violation, breach or alleged violation or breach of these Terms of Use or any applicable law.

10. DISCLAIMERS

You acknowledge and agree that the disclaimers and limits on liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us and are an essential basis of the bargain between us.

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.

ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THE CONTENT CONTAINED THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL TUITION GAMES OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF TUITION GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE), ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE AND/OR OUR PRIVACY POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (C) YOUR USE OR INABILITY TO USE THE WEBSITE; OR (D) ANY OF THE WEBSITE CONTENT.

THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF TUITION GAMES OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFLIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

12. JURISDICTION; GOVERNING LAW.

These Terms of Use and our Privacy Policy shall be governed and interpreted in accordance with the laws of New York without application to any choice of law rules. Subject to the following paragraph, the exclusive jurisdiction and venue for any action under these Terms of Use and/or Privacy Policy shall be in the state and federal courts in the county and state of New York. You agree to accept the personal jurisdiction of such courts and waive any claim that such courts do not have jurisdiction over such dispute or that venue in such courts is not appropriate or convenient. Tuition Games will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any violation of any term of these Terms of Use. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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.

13. MISCELLANEOUS

These Terms of Use and our Privacy Policy make up the entire agreement between you and us regarding the Website, and supersedes any prior agreements. Any amendment to or waiver of any provision of these Terms of Use and/or Privacy Policy must be made in writing and signed by us. If any part of these Terms of Use and/or Privacy Policy is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce these Terms of Use and/or Privacy Policy, such failure will not be considered a waiver. Neither these Terms of Use nor our Privacy Policy confer onto any third party any beneficiary right(s) which are fully transferable and assignable solely by us, our transferees and assigns. Any terms of these Terms of Use and/or Privacy Policy that were, by their nature, intended to survive termination of these Terms of Use and/or Privacy Policy will survive. In connection with the Tuition Games events, in the event of any conflict between these Terms of Use and/or Privacy Policy and the terms and conditions contained in Tuition Games Participant Waiver, the terms of the Participant Waiver will prevail. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of Tuition Games be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as allowed under these Terms of Use.

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.

14. CONTACT

If you have any comments or questions about the above Terms of Use, please contact:

Support@tuitiongames.com – Please include a subject line or it may not be processed.

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