IBTGAMES INC - BRAINWAVE PRODUCTS

TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND YOUR LAST USE OF THE BRAINWAVE PRODUCTS.BY USING THIS WEB SITE AND/OR THE BRAINWAVE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE BRAINWAVE PRODUCTS.

IBTGAMES, Inc. ("we", "us", "our" or "IBTGAMES") provides products and services whether fee based or free of charge, using the notification product to send notifications ("NOTIFYR"), (ii) link tracking, conversion tracking and analytics, (the "SOCIAL MEDIA TRACKR" and "TRACKR"), and (iii) Virtual Currency Platform ("REWARDR") and other products which are referred collectively to as ("Brainwave Products"), through its website located at www.ibtgames.com (the "Website"), subject in all cases to the terms and conditions set forth in this Terms of Service Agreement (the "Agreement").This Agreement, which may be updated by IBTGAMES, Inc. from time to time, constitutes a legally binding contract between you ("you" or "user") and IBTGAMES, Inc. By completing the registration process and using the Brainwave Products, you agree to be bound at all times by the terms and conditions of this Agreement.Please read this Agreement carefully and save it. If you do not agree with all of the terms and conditions set forth in this Agreement, you should leave the Website and discontinue your use of the Brainwave Products immediately. Brainwave Products may not be used for the sending of unsolicited activity (sometimes called "spam"). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.

Privacy

By registering for the Brainwave Products and implementing the IBTGAMES, Inc. Tracking Code you authorize IBTGAMES Inc. to collect, store and process user data and user audience data, subject to the terms of this Agreement and the IBTGAMES, Inc. Privacy Policy. User and user audience data may include one or more cookies that we use to differentiate individual visitors to your website.

Description of Brainwave Products

Our Brainwave Products include, but are not limited to, providing users with real-time statistical reporting of their website's audience data and behavior, including, without limitation, information about, where they came from, pageviews, # of visits, clicks, installs , the duration of a particular visit, the referring website, keywords used to search, social media profile data and other browser details. We may, at our discretion, partner with other third party business partners and technologies to provide users with additional audience tracking data, information and services. IBT Games will provide you with the Brainwave Products for which you have registered on the Website, subject to the terms of this Agreement. You agree to use the Website and Brainwave Products at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set forth in this Agreement. As a part of IBTGAMES, Inc.'s Brainwave Products we also may, from time to time, send our users via email - newsletters, surveys, or other important direct communications. For additional information on our Direct Email practices, our authorized email sender, and other policies please see IBTGAMES, Inc.'s Privacy Policy. By Agreeing to this Terms of Service Agreement you are agreeing to receive Direct Email communications from IBTGAMES, Inc. If you wish to opt-out of these email communications you can do so at any time by using the opt-out link at the bottom of all IBTGAMES, Inc. Emails. We reserve the right to modify the Services offered at anytime by posting such modification(s) on our Website. Any use of the Website or Services by you after such posting shall be deemed to constitute acceptance of such modification(s).

Account Creation and Termination Process

To use our Website and Brainwave Products, an user must create an account and provide basic website and contact information including, but not limited to, name, address, email address, website URLs (collectively, "Registration Information"). Providing false Registration Information constitutes a material breach of the Agreement and may result in our immediate termination of your use of the Website and the Brainwave Products. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You acknowledge that you are solely responsible for any and all use of your account. We reserve the right, in our sole discretion, to refuse any new account or terminate any active account for any reason or no reason whatsoever, without warning or notice. Our use of any user's account information is governed by our Privacy Policy.

  Termination

1. You may terminate this Agreement at any time by emailing IBTGAMES. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND IBTGAMES IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.


2. IBTGAMES may terminate this Agreement or the Brainwave Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. IBTGAMES shall have no liability to you or any third party because of such termination or action.


3. IBTGAMES may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.


4. If your account is classified (at IBTGAMES's sole discretion) as inactive for over 120 days, IBTGAMES has the right to permanently delete your data. IBTGAMES will use good faith efforts to contact you via email prior to taking any permanent removal actions.

1. Copyright and Trademark Information
   Copyright © 2008-2009 IBTGAMES, Inc. All Rights Reserved.
   
   This web site, and the information which it contains, is the property of IBTGAMES and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "IBTGAMES" and the IBTGAMES Logo are registered trademarks of IBTGAMES, Inc. under the applicable laws of the United States and/or other countries. Other IBTGAMES product or service names or logos appearing in this Site are either trademarks or registered trademarks of IBTGAMES, Inc. and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of IBTGAMES's trademark or other intellectual property rights concerning that name or logo.


2. Brainwave Products and Support
   

   The Brainwave Products are provided subject to these Terms and Conditions of Use, as they may be amended by IBTGAMES, and any guidelines, rules or operating policies that IBTGAMES may establish and post from time to time (collectively, the "Agreement"), including without limitation IBTGAMES customer Privacy Policy, or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the ibtgames.com website, or otherwise providing notice to you, IBTGAMES may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Brainwave Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Brainwave Products or at IBTGAMES' website.

   The Brainwave Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Brainwave Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Brainwave Products. If you are using the Brainwave Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Brainwave Products. You must complete the registration form on the IBGTAMES sign up web page in order to use the Brainwave Products. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form.

   You may from time to time provide IBTGAMES service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Brainwave Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by IBTGAMES or its personnel.



3. Free Trial; Fees and Payment
   

   3.1  Fees for NOTIFYR. For NOTIFYR, once you have completed your free trial period or you have exceeded the free subscriber limit, you will be subject to monthly subscription fees in accordance with the Fee schedule and related information (the "Fee Schedule"). The Fees are based on the highest number of user notifications you want to send out from your account at any point in a single 24 hour day during the month. For purposes of this Agreement, each user id will count as one subscriber or contact per application you add.

   You will be required to purchase your daily notification allocation for the month in advance for NOTIFYR (unless you have already provided payment or means of payment, such as credit card information). Access to the Notification Sender will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the NOTIFYR even if you are not actively using the Email Marketing Product.

   If you wish to send more notifications, you may upgrade your account to a higher notification sending allocation at any point. The prorated amount will be calculated and billed at the time of the upgrade. Payment must be made at the time of upgrade.

   3.2  Fees for Survey Product.

   3.3  Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by IBTGAMES. The Fee Schedule, including subscriber levels, user levels and prices, is subject to change at any time in IBTGAMES's sole discretion. IBTGAMES will use good faith efforts to notify you via email prior to the effectiveness of any change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case IBTGAMES's standard rates will apply. IBTGAMES may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.

   3.4  Payment. Payment for Products will be made by a valid credit card accepted by IBTGAMES. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize IBTGAMES to charge your credit card for such amounts on a regular monthly basis beginning at the end of your free trial period and continuing until such time as your account is terminated. If IBTGAMES is for any reason unable to effect automatic payment via your credit card, IBTGAMES will attempt to notify you via email and your IBTGAMES account will be disabled until payment is received. Amounts paid for the Products are not refundable.

4. Restrictions and Responsibilities

   4.1   No Rights in Software.
   This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement other than the IBTGAMES Tracking code subject to terms and conditions of this agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Brainwave Products or any software, documentation, or data related to the Brainwave Products ("Software"); remove any proprietary notices or labels from the Brainwave Products or any Software, modify, translate, or create derivative works based on the Brainwave Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

   Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to materials, distributed to you by IBTGAMES in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.

   4.2   Non-Exclusive License Granted for Tracking Code Subject to the terms and conditions of this Agreement, IBTGAMES Inc. hereby grants you a limited, revocable, non-exclusive, non-sub-licensable, royalty-free license to install and implement IBTGAMES, Inc.'s tracking code, which may rely on the use of HTML tags or other code on your webpage (the "Tracking Code"), onto your website page(s) only and not any other solely for your use in the Brainwave Products for which you have signed up for. You agree to follow all instructions and restrictions provided to you by IBTGAMES, Inc. with respect to your use of the Tracking Code. You agree that IBTGAMES, Inc. will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tracking Code. You further acknowledge that by implementing the IBTGAMES, Inc. Tracking Code on your web page(s), you consent to IBTGAMES, Inc.'s placing of temporary or persistent "cookies" on your users' computer's hard drive.

   4.3  Permitted Use of the Brainwave Products.
   The Brainwave Products shall be used for your internal business purposes only, and you shall not use the Brainwave Products or any Software for timesharing or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Brainwave Products, then you hereby covenant that, prior to engaging in such activities, you will first request that IBTGAMES perform such work at its standard professional services rates. IBTGAMES can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities

   4.4   Compliance with Laws:
   As a condition to your use of the Brainwave Products, you agree that while you are a user you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a user. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

   4.5  Intellectual Property Rights in Your Content.
   You agree that you will not upload or transmit any audience data or contact lists from your sites, communications or content of any type to this web site or in connection with the Brainwave Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Brainwave Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to IBTGAMES or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to IBTGAMES by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to IBTGAMES by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted-IBTGAMES a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.

   4.6   Proprietary Rights in Content That Is Provided Through Service
   Because IBTGAMES streams Content from existing sites that you provide access to or other sites, IBTGAMES assumes NO RESPONSIBILITY and NO SECONDARY LIABILITY in the any rights violation (privacy, publicity, copyright, trademark, contract, etc.) of that Content.

   4.7  Data Content from Brainwave Products.
   All industry wide analytics and statistics, data from audience analytics provided on the Websites will be owned by IBTGAMES Inc. If data is to be used elsewhere, it can only be for non-commercial use. We require that this data only be used, provided that IBTGAMES is given credit for this data. Any content created using the Service shall be owned by IBTGAMES.

   4.8  Facebook Terms & Conditions http://www.facebook.com/terms.php?ref=pf also apply and
   Additional platform policy guidelines
   http://wiki.developers.facebook.com/index.php/Platform_Guidelines



5. Customer Representations, Warranties and Covenants
   

   As a condition of receiving any IBTGAMES, Inc. Brainwave Products, you represent, warrant and covenant as follows:

   1. None of the URLs submitted to IBTGAMES, Inc. shall link to any webpage or site that contains any:
   1. nudity, pornography or other sexually-explicit material
   2. hate propaganda or material that encourages or promotes illegal activity or violence
   3. That links materials that exploits children, or otherwise exploits children under 18 years of age
   4. content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to any Intellectual Property Rights of IBTGAMES, inc. or any other third party
   5. material that promotes or utilizes software or services designed to deliver unsolicited e-mail
   6. material that violates any local, state or national law or regulation
   7. misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent or otherwise objectionable, offensive or harmful; or other material that IBTGAMES, Inc., in its sole discretion, deems inappropriate, including any violations of standards posted on the IBTGAMES, Inc. Website or sent to you by e-mail
   
   
   2. Additional limitations specific to NOTIFYR - You may not send notifications with content or links that:

   1. Is related to any of the following content (or services related to the same): pornography including but not limited to magazines, video; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.

   2. Is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.

   3. Advocates, promotes, or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

   4. link to other sites that also offer URL shortening/redirection (creating a 'chain" of redirects is often an attempt to hide malicious use, and also places unnecessary strain on bandwidth).

   3. Additional limitations specific to Social Media Trackr - You are not permitted to:
      1. create URLs for use in unsolicited advertising including but not limited to email and forum posts (i.e. do not use for SPAM purposes)
      2. link to any file or website containing illegal content
      3. link to any content which is illegal in your jurisdiction
      4. link to other sites that also offer URL shortening/redirection (creating a 'chain" of redirects is often an attempt to hide malicious use, and also places unnecessary strain on bandwidth)
      5. engage in any other use which is illegal in your jurisdiction
      6. modify or copy Materials
      7. use Software for any commercial purpose outside the purposes of this agreement including resale, or for any public display (commercial or non-commercial)
      8. We reserve the right to remove any shortened URLs which we deem to have violated our Terms of Service, or that we believe violate the spirit of our Terms of Service (at our discretion). We may if we choose report use that is forbidden by our Terms of Service to the relevant governmental or law enforcement agencies, including relevant information such as the IP address of the link creator. We also reserve the right to block any abusers from using our service in future.

      We reserve the right to remove any shortened URLs which we deem to have violated our Terms of Service, or that we believe violate the spirit of our Terms of Service (at our discretion). We may if we choose report use that is forbidden by our Terms of Service to the relevant governmental or law enforcement agencies, including relevant information such as the IP address of the link creator. We also reserve the right to block any abusers from using our service in future.

   
   
   4. Username and Password- You are responsible for maintaining the security of your account, passwords, and files. IBTGAMES will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third Party Service, if any, through which you access the Brainwave Products. IBTGAMES has no knowledge of your organizational structure, if you are registering for the Brainwave Products as an entity, or your personal relationships, if you are a person. IBTGAMES shall not be responsible for the actions of any individuals who misuse or misappropriate your lists or other assets using your username and password.
   
   
   5. You will treat any and all consumer information gathered for Customer or transmitted to Customer via your use of the Services or the IBTGAMES, Inc. Website in accordance with the IBTGAMES, Inc. Privacy Policy;
   
   
   6. You will comply with all federal laws and regulations governing Customer actions under this Agreement; and
   
   
   7. Use Brainwave Products for any commercial purpose outside the purposes of this agreement including resale, or for any public display (commercial or non-commercial)
   
   
   8. You may not do any of the following yourself, or through any third party, and you may not permit any third party with whom you have a business relationship to do any of the following: (A) modify or create derivative works based upon the Brainwave Products; (B) decompile, disassemble, or reverse engineer the Brainwave Products in whole or in part; (C) defeat, disable, or circumvent any protection mechanism related to the Brainwave Products; (D) use the Brainwave Products or any parts of it to develop a Brainwave Products directly competing with the Brainwave Products.
   
   
   9. Unless you are an authorized reseller of the Brainwave Products, you may not display, copy, reproduce, or distribute the Brainwave Products, any component thereof, any documentation provided in connection with the Brainwave Products or the Brainwave Products, or any content, including but not limited to newsletters, distributed to you by IBTGAMES in connection with the Brainwave Products. Violation of these restrictions may result in the termination of this Agreement.
   
   
   10. This agreement shall automatically terminate if you violate any of these restrictions and may be terminated by IBTGAMES Inc at its sole discretion if you have violated any of the policies listed above ore elsewhere in this agreement any time without refund. Upon the termination of this agreement, you must immediately destroy all downloaded Brainwave Products in your possession whether in electronic, printed or knitted format.

6. No Implied Endorsements
   

   In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by IBTGAMES of that third party or of any product or service provided by a third party

7. Links:
   IBGTAMES Inc has not reviewed all of the sites linked to its Brainwave Products and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by IBTGAMES Inc of the site. Use of any such linked web site is at the user's own risk.

8. Disclaimer of Warranty:
   You expressly acknowledge and agree that use of the Brainwave Products is at your sole risk. THE BRAINWAVE PRODUCTS IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IBTGAMES does not warrant that the functions contained in the Brainwave Products will meet your requirements or those of your Employer, or that the operation of the Brainwave Products will be uninterrupted or error-free. Furthermore, IBTGAMES does not warrant or make any representation regarding the use or the results of the use of the Brainwave Products (including the related documentation) in terms of their correctness, accuracy, reliability, or otherwise. Your sole and exclusive remedy for any failure or nonperformance of the Brainwave Products shall be for IBTGAMES to use commercially reasonable efforts to adjust or repair the Brainwave Products. IBTGAMES EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE WITH RESPECT TO THE BRAINWAVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.

9. Indemnification
   You shall defend, indemnify, and hold harmless IBTGAMES, Inc., its subsidiaries, and affiliates, and their respective directors, officers, shareholders, agents, affiliates, licensors, partners and employees from and against any and all claims, actions, demands, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses of any kind (including, without limitation, reasonable attorneys fees and other litigation expenses) arising out of or relating to (i) your, or one of your agent's, use of the Website or any of the Brainwave Products, including, without limitation, the Tracking Code; (ii) your, or one of your agent's, breach of any provision(s) of this Agreement; (iii) any harmful or illegal activities by you or one of your agents in connection with the Website or Brainwave Products.



10. LIMITATION OF LIABILITY

    IN NO EVENT WILL IBTGAMES, INC. BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION OR GOODWILL, UNDER ANY THEORY OF LAW OR EQUITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT WILL IBTGAMES INC.'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY IBTGAMES, INC. FROM THE USER UNDER THIS AGREEMENT.

11. U.S. Export Controls.
    Software available in connection with Brainwave Products (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

12. Alpha or Beta Releases of All Or Portions Of The Service.
    The Brainwave Products or portions of the Brainwave Products may be labeled 'Alpha' or 'Beta.' All disclaimers and limitations of liability set forth herein apply to any Brainwave Products or portion of the Brainwave Products labeled 'Alpha' or 'Beta.' Further, you specifically agree that you understand that any Brainwave Products or portion of the Brainwave Products labeled 'Alpha' or 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, you specifically agree that IBTGAMES is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any Brainwave Products or portion of the Brainwave Products labeled 'Alpha' or 'Beta.'

13. Miscellaneous

    13.1   If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

    13.2  IBTGAMES and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

    13.3  No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind IBTGAMES in any respect whatsoever.

    13.4  In any action or proceeding to enforce rights under the Agreement, IBTGAMES will be entitled to recover its costs and attorneys' fees.

    13.5  Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Brainwave Products or these Terms that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.

14. Governing Law:

    This Agreement will be governed by the laws of the United States and the state of Delaware, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Please send any questions or comments, or report violations of the Terms of Use to: Support@ibtgames.com

    Notwithstanding anything to the contrary contained herein, if a dispute arises under this Agreement, the parties shall first attempt, for a period of thirty (30) days after notice from either party, to resolve the dispute in good faith by direct negotiation of representatives of the respective parties. Any costs and fees associated with the informal dispute resolution shall be shared equally by the parties.

Additional Information

If you have any questions about the rights and restrictions above, please contact IBTGAMES by email at Support@ibtgames.com Copyright © 2008-2009, IBTGAMES, Inc. All Rights Reserved.
Revised June 2009