Terms and Conditions

Last Updated 12/15/21

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, INCLUDING THE ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES BE RESOLVED SOLELY BY FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

These Terms and Conditions (“Agreement”) govern the relationship between GameChanger Systems, Inc. (“GameChanger,” “we,” or “us”) and you with respect to your use of our kiosks, websites, and other online services or applications (collectively, the “Services”). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.

We reserve the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide you with notice of such changes, such as by providing notice through the Services or updating the “Last Updated” date at the top of this Agreement. By continuing to use the Services after such notice is provided, you confirm your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using our Services.

1. Eligibility; Registration Data

You must be 18 or older to use our Services. You represent and warrant that you have full power and authority to enter into this Agreement and that, in doing so you will not violate any other agreement to which you are a party. In order to complete a transaction via our Services, you agree to provide certain information about yourself and the digital video game (“Video game”) that you provide to GameChanger for sale, including, without limitation, a scan of your driver’s license or other government identification, your fingerprint, and any other information requested by us (“Registration Data”). You agree to provide accurate, current and complete Registration Data.

2. Privacy Policy

Please read our Privacy Policy for information about how GameChanger collects, uses, and discloses information about you and your Video game.

3. Terms of Purchase

We will determine, in our sole discretion, whether to present an offer to purchase your Video game. All offers to purchase a Video game are made solely on behalf of GameChanger and prices will be displayed in U.S. dollars. You acknowledge and agree that we may rely upon any Registration Data you provide in connection with making our offer to purchase a Video game. All sales to GameChanger are final, and there are no refunds, except as required by law. Once a transaction has been completed, GameChanger will have no obligation to return any Video game.

4. Your Sale Obligations

You represent, warrant and agree that:

• you are the legal owner of the Video game and have the right to transfer all right, title and interest in such Video game to GameChanger, and that nothing prevents you from selling your Video game to us;
• the Video game has not been obtained by unlawful means (e.g., it is not counterfeit, stolen, fraudulent);
• in the event that any Video game you sell to us is determined to be stolen, is seized by law enforcement pursuant to an investigation and held as evidence, or is returned to the rightful owner upon a determination that the Video game is or was stolen, GameChanger has the right to collect civil restitution from you to recover the value we paid you for the Video game;
• if a prior transaction between you and GameChanger resulted in any monetary loss for GameChanger due to your violation of this Agreement or your failure to follow our instructions regarding the Video game you offered for sale, we reserve the right to offset future transaction amounts in order to cover such losses;
• once you sell your Video game to us, you are transferring all rights, title and interest in and to the Video game to GameChanger; and
• you will not restrict or inhibit any other potential customer from using the Services.

5. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, GameChanger has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, any future relationship with users who are deemed to be repeat infringers. We may also limit access to our Services if any users infringe the intellectual property rights of others, whether or not there is any repeat infringement.

6. Copyright Complaints

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

7. GameChanger Materials and Trademarks

The information and materials provided through the Services, including any data, text, graphics, images, audio and video clips, logos, icons, software and links, and any intellectual property contained therein, (collectively, the “Materials”) constitute the property of GameChanger or its licensors or suppliers. You are granted a limited, non-sublicensable license to access and use the Materials for your personal use; provided, however, that such license does not include the right to (a) copy or use any of the Materials, (b) use unauthorized data gathering or extraction methods, (c) access or use the Materials other than for their intended purposes, or (d) distribute, modify, transmit or publicly display the Materials without the written consent of GameChanger or its licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by accessing or using the Materials.

The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of GameChanger and our licensors and suppliers. The Trademarks owned by GameChanger, whether registered or unregistered, may not be used in connection with any product or service that is not GameChanger’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages GameChanger. Nothing contained in the Services should be construed as granting any license or right to use any Trademark without the express written permission of GameChanger or our licensors or suppliers.

8. Third Party Content

We may provide third party content on the Services as a service to those interested in this information. We do not control, endorse or adopt any third party Content and make no representations or warranties of any kind regarding such content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any third party content and undertake no responsibility to update or review such content. You access and use such content at your own risk.

9. Third Party Products and Services

We may display advertisements and promotions from third parties on our Services or may otherwise provide information about or links to third party products or services. GameChanger does not endorse or make any representations or warranties regarding any third party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such third party information on the Services.

10. Jurisdiction

The Services are solely directed to individuals residing in the United States. We make no representation that the Services, including all Materials contained therein, are appropriate or available for use in locations outside the United States.

11. Disclaimers

THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAMECHANGER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THUS THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GAMECHANGER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.

12. Limitation of Liability

NEITHER GAMECHANGER NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF GAMECHANGER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY DOLLARS ($50).

13. Arbitration; Applicable Law and Venue

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GAMECHANGER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and GameChanger agree to arbitrate any dispute arising from this Agreement or your use of the Services, except that you and GameChanger are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and GameChanger agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to GameChanger shall be sent to ____@GameChangerKiosk.com. You and GameChanger further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in the County of Hamilton, Tennessee; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of AAA; and (d) that the state or federal courts in the County of Hamilton, Tennessee have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Tennessee and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND GAMECHANGER WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

14. Severability

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.