Decwars.com is a game developed and operated by Harris S. Newman Consulting. (“Harris S. Newman Consulting”), a US company. All portions of this Terms of Use are valid regardless of which entity of Harris S. Newman Consulting the user (“You”) are using.
PLEASE READ THIS TERMS OF USE AGREEMENT (THIS "AGREEMENT") CAREFULLY. BY PARTICIPATING IN Decwars.com (THE "GAME") OR USING THE WWW.DECWARS.COM WEBSITE (THE “SITE”), THE USER AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT PARTICIPATE IN THE GAME OR USE THE SITE.
By using the Site or the Game, you represent that you have read and consent to our Privacy Policy (http://www.decwars.com/PrivacyPolicy.aspx). Harris S. Newman Consulting may revise the Privacy Policy at any time, and the new versions will be available at the above links. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or Game.
Before you can use the Game, you must: (a) agree to this Agreement, the Game End User License Agreement (the “EULA”) (http://www.decwars.com/TOUA.aspx), and the Privacy Policy; (b) register for an account on the Game (an “Account”); and (c) meet the hardware and connection requirements published on the Site. These requirements may change as the Game evolves. You are responsible for any internet connection fees that you incur when accessing the Game.
Harris S. Newman Consulting will revise this Agreement as the Site and/or Game evolves. The next time you use the Game after such an update, you may be prompted to agree to or decline the revised Agreement. You agree to all revisions if you choose to continue using the Site and/or Game. By using the Site and/or Game, you agree to the then-current version of this Agreement. If at any point you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Site and/or Game.
Harris S. Newman Consulting has designed and developed and is the publisher of the Game and the Site. In order to set up an Account, You will be requested to provide certain personal information and financial information to Harris S. Newman Consulting. You agree that You will supply accurate personal and financial information to Harris S. Newman Consulting when requested, and that You will update this information if it changes. You will also be requested to establish a user name and password (collectively, "Login Credentials").
By agreeing to this Agreement, you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You may allow your minor children for whom you are the parent or legal guardian to play the Game using your Account, provided, however, that you accept full responsibility for the conduct of the children using your Account.
Maintaining Account security is very important. You are entirely responsible for maintaining the confidentiality of the Account and Login Credentials. You agree to notify Harris S. Newman Consulting immediately if you believe that Your Account and/or Login Credentials have been compromised.
You may not transfer any Account or Login Credentials to anyone. You may not share or disclose Your Login Credentials to anyone other than a minor child as set forth herein.
You agree that You shall have no ownership interest or intellectual property rights in the Account. All intellectual property rights in and to the Game and everything in the Game, including, but not limited to objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, Harris S. Newman Consulting Credits (defined below) audio-visual effects, character likenesses, and methods of operation (the “Game Assets”) are owned or licensed by Harris S. Newman Consulting. You acknowledge have no interest, monetary or otherwise, in any feature of or content in the Game, including, without limitation, Game Assets. Harris S. Newman Consulting and its licensors reserve the exclusive right to create derivative works based on the Site, the Game, and/or Game Assets. You agree that you will not create any work of authorship or create any derivative works based on the Site, the Game or the Game except as expressly permitted by Harris S. Newman Consulting. Any reproduction or redistribution of the Site or the Game, or use of the Game not in accordance with the EULA and this Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
Some aspects of the Game may require You to pay a fee. You agree to pay all fees and applicable taxes incurred by You or anyone using an Account You registered. Harris S. Newman Consulting may revise the pricing for the Game at any time. Unless otherwise noted, all currency references are in U.S. dollars.
All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or Game rendered by, Harris S. Newman Consulting, Your Account may be closed without warning or notice at the sole discretion of Harris S. Newman Consulting.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING, WITHOUT LIMITATION, HARRIS S. NEWMAN CONSULTING CREDITS (AS DEFINED BELOW)) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Harris S. Newman Consulting may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Game website.
In an effort to improve the Game, Harris S. Newman Consulting may require that you download and install updates to the Game software . You agree that Harris S. Newman Consulting may change, modify, update, suspend, or restrict Your access to any features or parts of the Game or the Site at any time without notice or liability to You.
You acknowledge that the Site and/or the Game is subject to scheduled and unscheduled service interruptions. Harris S. Newman Consulting reserves the right to interrupt the Site and/or Game with or without prior notice to You for any reason or no reason. You agree that Harris S. Newman Consulting will not be liable for any interruption of the Site and/or Game, delay or failure to perform, and You understand that You will not be entitled to any refunds of money paid to Harris S. Newman Consulting as compensation for any interruptions of service.
When using the Game, You may accumulate Game Assets associated with Your Account, including, but not limited to objects, artifacts, currency, items, equipment, and/or other value or status indicators that reside on servers operated by Harris S. Newman Consulting as data.
The GAME is a closely-controlled virtual environment owned and maintained by HARRIS S. NEWMAN CONSULTING, and HARRIS S. NEWMAN CONSULTING reserves the right to deny service to any player at HARRIS S. NEWMAN CONSULTING’ sole and absolute discretion. ADDITIONALLY, HARRIS S. NEWMAN CONSULTING GAMES MAY STOP OFFERING AND/OR SUPPORTING THE GAME AT ANY TIME.
YOU ACKNOWLEDGE THAT ANY AND ALL GAME ASSETS AND/OR ACCOUNTS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON OR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION FOR ANY VIOLATION OF THE EULA OR THIS AGREEMENT, AT THE SOLE AND EXCLUSIVE DISCRETION OF HARRIS S. NEWMAN CONSULTING GAMES. HARRIS S. NEWMAN CONSULTING GAMES DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SERVERS OPERATED BY HARRIS S. NEWMAN CONSULTING GAMES, INCLUDING, WITHOUT LIMITATION, GAME ASSETS. YOU UNDERSTAND AND AGREE THAT HARRIS S. NEWMAN CONSULTING GAMES HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY GAME ASSETS (INCLUDING YOUR GAME ASSETS) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND TO YOU.
You agree that Your use of the Game software (the "Software") to play the Game is governed by, and You will abide by the terms of the EULA.
Certain rules govern Your use of the Site and/or the Game (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Harris S. Newman Consulting reserves the right to take appropriate disciplinary measures including account termination and deletion to protect the integrity and spirit of the Site and/or the Game, regardless of whether a specific behavior is listed here as prohibited. The following are examples of behavior that warrant disciplinary measures:
A. Impersonating an employee of Harris S. Newman Consulting or communicating in any way that makes it appear that the communication originates from Harris S. Newman Consulting.
B. Posting identifying information about any other user in the Game.
C. Harassing, stalking, or threatening any other users in the Game.
D. Transmitting or communicating any content which, in the sole and exclusive discretion of Harris S. Newman Consulting, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable.
E. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature.
F. Participating in any action which, in the sole and exclusive judgment of Harris S. Newman Consulting, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over other users.
G. Participating in any action which, in the sole and exclusive judgment of Harris S. Newman Consulting, defrauds any other user of the Game, including, but not limited to, by "scamming" or "social engineering."
H. Intentional and/or habitual disregard to the rule set for an instance.
I. Accessing or attempting to access areas of the Game or Game servers that have not been made available to the public.
X. Character Names.
You may not select a character name that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable, or falsely indicative of an association with Harris S. Newman Consulting. Harris S. Newman Consulting may modify any name which, in the sole and exclusive judgment of Harris S. Newman Consulting, violates this provision without further notification to You, and may take further disciplinary measures, including account termination, for repeated violations.
“Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site, or the Game, or that other users upload or transmit, including without limitation any forum postings and/or chat text. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof., without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights.
We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor and/or record your communications (including without limitation forum postings and/or chat text) when you are playing the Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation chat text) for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other agreement; (c) to protect our legal rights and remedies; (d) where we feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
You may participate in our Harris S. Newman Consulting Credits service offering if You have a valid, active Account. The Harris S. Newman Consulting Credits service offering is a redeemable point system (“Harris S. Newman Consulting Credits”) which can be used to license in-game virtual items through the Game. Harris S. Newman Consulting Credits are sold through the Game, either by purchasing Harris S. Newman Consulting Credits online or submitting a pre-paid code through the Game. Please note that any Harris S. Newman Consulting Credits You obtain through a Harris S. Newman Consulting Game Card or other prepaid method of payment will not be usable until such time as You register it online with Your Account. Harris S. Newman Consulting has the right to, and may, limit the amount of Harris S. Newman Consulting Credits You can purchase or that You can maintain in Your Account at any given time. Harris S. Newman Consulting may also provide You with Harris S. Newman Consulting Credits as a part of a promotion, or through other means, such as for completing certain quests or achievements through Your participation in the Game or Harris S. Newman Consulting-sponsored contests or sweepstakes. You agree that You will be solely responsible for paying any applicable taxes related to the acquisition use, or access of Harris S. Newman Consulting Credits. You are solely responsible for verifying that the correct amount of Harris S. Newman Consulting Credits has been added to or deducted from Your Account for each Harris S. Newman Consulting Credits transaction. You acknowledge and agree that the Harris S. Newman Consulting Credits system has no monetary value and Harris S. Newman Consulting Credits cannot be redeemed for cash.
You hereby acknowledge and agree that:
•YOU HAVE no claim, right, title, PROPRIETARY OR OWNERSHIP interest IN ANY OF THE GAME ASSETS REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THOSE GAME ASSETS; AND
•HARRIS S. NEWMAN CONSULTING shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage OR LOSS of any kind CAUSED to ANY OF THE game assets, INCLUDING, BUT NOT LIMITED TO, DELETION OF game assets UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.
You may obtain certain Game Assets through participating in the Game or through using Harris S. Newman Consulting Credits. Some Game Assets You obtain may have expiration dates, and they will no longer appear in Your Account upon the expiration date.
The sale of Accounts and virtual items and transfer of these Accounts and virtual items between users may only be conducted via services provided by Harris S. Newman Consulting. Harris S. Newman Consulting may terminate any account that has been sold from one user to another or that has been involved in the sale of virtual items, unless such transactions are conducted via services provided by Harris S. Newman Consulting. Any other purported sale or transfer shall be a violation of this Agreement.
Harris S. Newman Consulting does not authorize You to make any use of any Harris S. Newman Consulting trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the "Harris S. Newman Consulting Marks") under any circumstances without a written license agreement. Harris S. Newman Consulting reserves all right, title, and interest in Harris S. Newman Consulting Marks, and does not authorize You to display or use any Harris S. Newman Consulting Marks in any manner, including but not limited to on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.
The Site and the Game are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site, or the Game, or individual sections of the content, design or layout of the Site without Harris S. Newman Consulting’ express prior written permission.
The Site may contain links to websites operated by other parties. Harris S. Newman Consulting provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Harris S. Newman Consulting, and Harris S. Newman Consulting is not responsible for the content available on the other sites. Such links do not imply Harris S. Newman Consulting’ endorsement of information or material on any other site and Harris S. Newman Consulting disclaims all liability with regard to your access to and use of such linked websites.
Unless otherwise set forth in a written agreement between you and Harris S. Newman Consulting, you must adhere to Harris S. Newman Consulting’ linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Harris S. Newman Consulting’ and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Harris S. Newman Consulting, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Harris S. Newman Consulting reserves the right to revoke its consent to the link at any time and in its sole discretion.
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Harris S. Newman Consulting user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) 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.
Our Copyright Agent can be reached by mail at: Harris S. Newman Consulting, 2180 Park Place Circle, Round Rock, TX 78681 ATTN: Harris S. Newman Consulting Copyright Agent. Please note that attachments cannot be accepted at the support email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
XVI. Unsolicited Idea Submissions.
Neither Harris S. Newman Consulting nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Harris S. Newman Consulting or its employees and/or contractors. Our policy is aimed at avoiding potential misunderstandings or disputes when Harris S. Newman Consulting’ products or strategies might seem similar to Unsolicited Ideas that are submitted. If, despite our request that you not send us your Unsolicited Ideas, you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.
You may be required to provide Harris S. Newman Consulting certain personally identifiable information ("Personal Information"). Retention and use of Personal Information is subject to the Harris S. Newman Consulting privacy policy (http://www.decwars.com/PrivacyPolicy.aspx).
You agree that Harris S. Newman Consulting may stop providing support for and/or access to the Game at any time for any reason or no reason, and may terminate Your account at any time for any reason or no reason.
You may terminate Your Account at any time by contacting Harris S. Newman Consulting at decwars@gmail.com. Harris S. Newman Consulting makes no guaranty that You will be able to reactivate Your Account at any time in the future, so please use caution when terminating Your Account. Accounts terminated by Harris S. Newman Consulting shall not be reinstated under any conditions whatsoever.
You agree that Harris S. Newman Consulting has right to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective upon notice as follows: Harris S. Newman Consulting will post the revised version of this Agreement on the Decwars.com website and will also provide You the opportunity to accept or reject the modified agreement when launching the Game. If the changes to the Agreement are unacceptable to You or cause You to no longer be in compliance with the Agreement, You may terminate the Agreement in accordance with Section XIII.
THE GAME THE SITE AND THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND HARRIS S. NEWMAN CONSULTING GAMES MAKES NO WARRANTY, CONDITION OR REPRESENTATION (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE GAME, THE SITE AND THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE GAME, THE SITE AND/OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, HARRIS S. NEWMAN CONSULTING GAMES MAKES NO WARRANTY THAT THE GAME, THE SITE OR THE SOFTWARE WILL BE ERROR-FREE, THAT THE GAME THE SITE OR THE SOFTWARE WILL BE FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE GAME THE SITE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL HARRIS S. NEWMAN CONSULTING GAMES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL HARRIS S. NEWMAN CONSULTING GAMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID HARRIS S. NEWMAN CONSULTING GAMES FOR THE GAME AND GAME-RELATED TRANSACTIONS DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE, IF ANY, EVEN IF HARRIS S. NEWMAN CONSULTING GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Harris S. Newman Consulting and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, hold harmless, and defend Harris S. Newman Consulting from and against all claims or lawsuits, including attorney's fees, that arise or result from Your use or misuse of the Game, or violation of any of the provisions of the Terms of Game Agreement.
The Site and the Game are operated by Harris S. Newman Consulting in the United States. Those who choose to access the Site, and/or the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Site and the Game are not directed toward children under 13 years of age nor does Harris S. Newman Consulting knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Harris S. Newman Consulting.
This Agreement (including any amendments You subsequently agree to and the End User License Agreement, which is incorporated herein by reference) represents the complete agreement between You and Harris S. Newman Consulting concerning the subject matter of the Agreement, and supersedes any prior agreements and representations between You and Harris S. Newman Consulting.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Terms of Game ("Claim"), you and Harris S. Newman Consulting agree to first attempt to negotiate any Claim (except those Claims expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Harris S. Newman Consulting will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Harris S. Newman Consulting, 2180 Park Place Circle, Round Rock, TX 78681, ATTN: CEO.
B. Binding Arbitration. If the parties are unable to resolve a Claim through negotiations, either you or Harris S. Newman Consulting may elect to have the Claim (with the exception of those Claims expressly excluded in Section XXVII.E) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Claims ("AAA Consumer Rules").
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Harris S. Newman Consulting will pay all arbitration fees and expenses in the event the arbitrator determines those costs to be excessive. Except as otherwise provided in this Agreement, you and Harris S. Newman Consulting may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HARRIS S. NEWMAN CONSULTING GAMES ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
C. Location. Any arbitration will take place in Williamson County, State of Texas, United States of America with the understanding that any party may attend the arbitration by video, phone and/or internet connection. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction in Williamson County, State of Texas, United States of America, and you and Harris S. Newman Consulting agree to submit to the personal jurisdiction of that court.
D. Restrictions. You and Harris S. Newman Consulting agree that any arbitration shall be limited to the Claim between Harris S. Newman Consulting and you individually. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND HARRIS S. NEWMAN CONSULTING GAMES AGREE THAT (1) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS; AND (3) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
E. Liability limit. You and Harris S. Newman Consulting agree that any arbitration shall be limited to be no more than one United States dollar.
E. Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of North Carolina, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For players who access the Game from outside of the United States, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. If you access the Game from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game as supplied by Harris S. Newman Consulting to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. You are responsible for compliance with local laws if and to the extent local laws are applicable.
F. Severability. You and Harris S. Newman Consulting agree that if any portion this Section XXVII is found illegal or unenforceable (except any portion of Section XXVII.E), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XXVII.E is found to be illegal or unenforceable then neither you nor Harris S. Newman Consulting will elect to arbitrate any Claim falling within that portion of Section XXVII.E found to be illegal or unenforceable and such Claim shall be decided by a court of competent jurisdiction within Raleigh, State of North Carolina, United States of America, and you and Harris S. Newman Consulting agree to submit to the personal jurisdiction of that court.
A. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Harris S. Newman Consulting as a result of this Agreement or your use of the Site or the Game.
B. Assignment. Harris S. Newman Consulting may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Harris S. Newman Consulting’ prior written consent, and any unauthorized assignment by you shall be null and void.
C. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
D. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
E. No Waiver. Harris S. Newman Consulting’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
F. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Harris S. Newman Consulting, 2180 Park Place Circle, Round Rock, Texas 78681, ATTN: CEO.
G. Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
H. Equitable Remedies. You hereby agree that Harris S. Newman Consulting would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
If You have any questions concerning these terms and conditions, or if You would like to contact Harris S. Newman Consulting for any other reason, please contact Harris S. Newman Consulting support at decwars@gmail.com