PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN AN ARBIRTATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS PURSUANT TO WHICH YOUR RIGHT OR ABILITY TO RESOLVED ANY DISPUTE IN COURT WILL BE RESTRICTED.

IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF USE, THEN YOU MUST NOT ACCESS OR USE THE WEBSITE.

1. Acceptance of the Terms of Use

Minimum Age Requirement. This Website is offered and available to users who are 18 years of age or older and of legal age to form a binding contract with the Company.

  • Consent to Electronic Communications. You agree that the Website may include certain communications such as service announcements or administrative messages, and that these communications are considered part of the Website and you will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  • Consent for Promotions; Opt-out. Company may also send you promotional offers and news about Company or the Website, which you can opt-out from receiving by following the instructions on the promotional messages or by emailing us at [email protected].

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, meet all of the foregoing eligibility requirements, and comply with all the terms and conditions in the Terms of Use. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the section titled “Dispute Resolution by Arbitration/No Class Action” and “Governing Law and Jurisdiction” will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of a revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

We also reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Website at any time. We may add or remove functionalities or features, and we may suspend or stop the Website altogether.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website (e.g. a supported web browser, proper equipment, adequate computer performance).
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the services it offers, you may be asked to provide certain registration details or other information. You agree to sign on and register for the Website through your Steam® account provided by Valve Corp. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, found at csgogem.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are solely responsible for managing your account and password and for keeping your password confidential. You are also solely responsible for restricting access to your account.

You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party has access your password, use the password regeneration feature as soon as possible to obtain a new password. In all circumstances, you agree not to permit any third party to use or access your account.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to terminate, suspend, or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Third-Party Intellectual Property Rights

Steam® is a registered trademark of Valve Corporation. The Company is not endorsed by nor affiliated in any way with Valve Corp., Counter Strike: Global Offensive, Steam®, or any other trademarks of the Valve Corp.

Valve, the Valve logo, Half-Life, the Half-Life logo, the Lambda logo, Steam, the Steam logo, Team Fortress, the Team Fortress logo, Opposing Force, Day of Defeat, the Day of Defeat logo, Counter-Strike, the Counter-Strike logo, Source, the Source logo, Counter-Strike: Condition Zero, Portal, the Portal logo, Dota, the Dota 2 logo, and Defense of the Ancients are trademarks and/or registered trademarks of Valve Corp. All other trademarks are property of their respective owners.

YOU AGREE THAT THE TERMS OF THE STEAM® SUBSCRIBER AGREEMENT APPLY TO YOU IN ALL RESPECTS AND IT CONTAINS ITS OWN TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, RESTRICTIONS ON TRANSFERRING OR EXCHANGING ITEMS. ANY WARRANTY, RIGHT, OBLIGATION OR OTHER CONTRACTUAL RELATIONSHIP YOU HAVE WITH RESPECT TO YOUR STEAM ACCOUNT AND VALVE CORP. IS IN ADDITION TO THE TERMS OF THIS AGREEMENT.

5. Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You shall not take any action that is inconsistent with our ownership of the Services. You further acknowledge and agree that nothing in this Agreement and no use of the Website shall cause to vest or be construed to vest in you, any right, title or interest in or to the Website other than the express right to use the Website solely in accordance with the terms and conditions of this Agreement. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

6. Trademarks

All names, logos, product and service names, designs and slogans are trademarks of their respective owners and/or their affiliates or licensors. You must not use such marks without the prior written permission of the Company.

7. Prohibited Uses

You may use the Website only for lawful purposes, its intended use, and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • To take any action or post, upload or distribute any content that violates, misappropriates or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.
  • To make use of the Website in a manner contrary to the terms and conditions under which third parties (e.g. SKF PAY, PayPal®, G2A, BitPay or Valve Corp.) provide services necessary for the operation of the Website.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Provide the payment information belonging to a third party.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, overloading, flooding, spamming, mail-bombing or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

We reserve the right, in our sole discretion, to investigate complaints, violations of these Terms of Use and any potential violations of applicable law. We may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

If you encounter any prohibited content, material or other potential violations on the Services, you should be immediately report such content or violations to [email protected]. We may also suspend and prohibit future use of the Website if we believe a user is violating these Terms of Service or otherwise engaging in or attempting to engage in unlawful activities through the Website.

8. Purpose of Website, Fees and Payments to Company

The Website is provided for your entertainment purposes only. The Website provides a method to spend real money in order to obtain virtual items or money. The sole purpose of the virtual items or money is to play the games and/or access features on the Website. The virtual items or money have no value. You are using real money to purchase virtual items whose sole purpose is for playing the games on the Website.

We do not and will not provide any means for you to convert your virtual items or site balance back to real money. Once you submit real money via the Website to purchase virtual items or increase your site balance, you cannot ever retrieve that real money.

Any and all funds submitted for use on the Website (i.e. via the CSGOGem wallet) will be converted to provide you with an equivalent “value” in your balance on the Website. However, the sole use of the balance on the Website is for use on the Website. The balance does not represent real money and there is no method to “cash out” your virtual items from the Website, withdraw your site balance, demand a refund, or convert your Website balance or virtual items back to real dollars. You are purchasing a right to play on our Website using your site balance (depicted in dollars for ease of reference only) but those funds and your virtual items cannot be converted or refunded back to real dollars.

The Company charges the following fees in operation of the Website: (i) a fee for users to have their cases featured on the Website, (ii) a fluctuating fee charged to users that have a top bid on cases (depending on how long the user’s bid remains the top bid), and (iii) a fifteen (15) percent fee based on the case value for all cases sold on the Website, plus an additional three (3) percent fee charged as an “affiliate tax” that goes to the user that lists the case. In other words, users can expect to receive approximately 82 cents out of every dollar spent on the Website.

By providing Company with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Company to charge you for the virtual items or services purchased using your payment method; and (iii) authorize Company to charge you for any paid virtual items or services that you choose to sign up for or use while this agreement is in force. We may bill you at the time of purchase or shortly after purchase. Also, we may charge you or place a hold on your account (e.g. a pending authorization hold) up to the amount you've approved.

When you use a third-party payment service (e.g. SKF PAY or PayPal® services) to make a purchase on our website, responsibility over your purchase will first be transferred to such third party before it is delivered to you. The third-party services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between the third-party services provider and customers who utilize services of the third party are governed by separate agreements and are not subject to the Terms of Service on this website.

For customer service inquiries or disputes, you may contact us by email at [email protected].

9. Authentication and Usage Issues

  • User Interface errors- Interface glitches and/or manipulation of the Website does not entitle you or provide with any rights to a certain item. All outcomes on the Website are generated by our provably fair system and are subject to such verification (including reversal of an outcome previously determined). You hereby agree that the outcome will be determined by the provably fair system outcome and any user interface errors do not entitle the user to an item.
  • Suspicious activity- If we identify suspicious activity (e.g. using more than one PayPal® e-mail with your account, using an invalid account or cloned credit card, etc.) then we may ask you to provide documentation to confirm the authenticity of your account before we approve your requests.
  • Bots and Steam® API- The trade offer request sent by our bots are subject to Steam Guard authentication and the buyer must have Steam Guard activated for at least 15 days on their smartphone so the trade can be completed.
  • Please note that this is a Steam® restriction. The items in the trade request will not expire but you will need to wait for the end of the 15-day period.

10. User Contributions

The Website may contain chat message boards, profiles, forums, product names (custom cases), user names/pictures and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

11. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, found at csgogem.com/privacy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see the instructions found in the section titled “Digital Millennium Copyright Act (DMCA)” on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

14. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

16. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy found at csgogem.com/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

17. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

We have the right to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

18. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

19. Geographic Restrictions

The owner of the Website is based in the state of Maryland in the United States. We make no claims that the Website or any of its content is accessible or appropriate within or outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so on your own initiative and are responsible for verifying its legality and for compliance with local laws.

20. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

23. Digital Millennium Copyright Act (DMCA)

DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Website, please notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Specific identification of the copyrighted work that you claim has been infringed;
  • Specific identification of the material that is claimed to be infringing and where it is located on the Website;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

DMCA Agent. The above information must be submitted to the following DMCA Agent:

Ifrah Law

c/o: Steven Eichorn, Esq.

1717 Pennsylvania Avenue, NW, Suite 650

Washington, DC 20006-2004

O (202) 524-4146

F (202) 524-4141

E: [email protected]

24. Dispute Resolution by Arbitration / No Class Action.

You understand and agree that all claims, disputes or controversies between you and Company, or its affiliates, or their respective directors, officers, employees, representatives and agents, arising under or related to this Agreement (including the Privacy Policy), the content or the use or operation of the Website, including tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration before the American Arbitration Association (“AAA”), in accordance with the rules of the AAA.

IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. YOU UNDERSTAND THAT UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION.

ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOURSELF AND COMPANY AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING. ANY SUCH ARBITRATION PROCEDDING SHALL BE CONDUCTED IN BALTIMORE COUNTY, MARYLAND. THE SOLE AND EXCLUSIVE VENUE AND JURISDICTION WITH RESPECT TO ANY JUDICIAL ACTION ARISING UNDER OR RELATING IN ANY FASHION TO THIS AGREEMENT SHALL LIE IN THE STATE AND FEDERAL COURTS FOR BALTIMORE COUNTY, MARYLAND.

RIGHT TO OPT OUT: If you do not wish to be bound by this arbitration clause, you must notify Company in writing within sixty (60) days after such time as you become bound by this Agreement as set forth above in the section titled “Acceptance of the Terms of Use”, or your rejection of arbitration will not be effective. Your notification must include your telephone number(s) and a clear statement of your intent to opt out, such as “I reject the Dispute Resolution by Arbitration/No Class Action clause stated in the Terms of Use Agreement.”

25. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of Maryland located in the County of Baltimore County or the United States District Court for the District of Maryland, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

26. Limitation on Time to File Claims

SUBJECT TO THE ARBITRATION CLAUSE ABOVE, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

27. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

28. Survival

In the event of the termination of this Agreement, any obligation of yours which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Company’s rights under this Agreement shall survive any termination of this Agreement.

29. No Assignments or Transfers

You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Company’s prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Company and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.

30. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the owner with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

31. Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in the section titled “Digital Millennium Copyright Act (DMCA)” in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]. Where possible, we will work with you to resolve any disputes arising from your use of the Website.

Thank you for visiting the Website.