| Language: |
Gearplexed
End User License Agreement
This End User License Agreement (“Agreement”) governs your access to and use of the game Gearplexed (“Game”) and any materials, services, information, and data hosted or transmitted via the Game, including all Content, as defined below, (collectively, “Services”) as provided by Train of Thought Games, LLC (“us”, “our”, or “we”). The Game may be hosted and sold by a third party (“Distributor”), but this Agreement is solely between you, the user, and Train of Thought Games, LLC. Your access to and use of the Game and Content are conditioned on your acceptance of and compliance with this Agreement. Please read this Agreement carefully.
1. Agreement.
a. By accessing or using the Game you agree to be bound by this Agreement. You will use the Game in a manner consistent with applicable laws and regulations and in accordance with this Agreement. If you are dissatisfied with the Game, Services, or this Agreement, you agree that your sole and exclusive remedy is to discontinue your use of the Game. The Game may only be downloaded and installed by a person 13 years of age or older. If the user is under 18 years of age, such use must be supervised by and have the consent of the user's parent or legal guardian, who agrees to be bound by this Agreement.
b. You acknowledge and accept that your use of the Game is at your sole risk. You represent you have the legal capacity and authority to accept this Agreement and you understand that some of this Agreement may not apply to you but all the Agreement is nonetheless binding. As the rightful owner of the Game, we reserve the right to change this Agreement at any time by posting the revised Agreement. Your continued use of the Game after such changes constitutes your acceptance of the modified Agreement. We reserve the right to terminate this Agreement in accordance with Section 13.
2. License. We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Game solely for your personal, non-commercial purposes strictly in accordance with this Agreement, and on such devices owned and controlled by you.
3. Ownership. The Game and associated Content are the owned or appropriately licensed property of Train of Thought Games, LLC. “Content” includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Game. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Game and Content. Systematic retrieval of data or other content from the Game to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Game materials is prohibited except as provided for herein. Nothing contained in the Game should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property contained or displayed in the Game without our written permission or such third party that may own such intellectual property unless otherwise provided for herein. Your use of the intellectual property contained in the Game, or any other content in the Game, except as provided herein, is strictly prohibited. Any unauthorized use of the content contained in the Game may violate applicable laws, regulations, and/or statutes.
4. Maintenance. To the extent that any maintenance or support is required, we may provide support for the Game but we have no obligation to furnish any maintenance and support services with respect to the Game unless mandated by applicable law.
5. Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or recreate the Game or Content; (b) change, modify, or alter the Game or Content; (c) circumvent any protections that are a part of the Game; (d) use the Game for any commercial or illegal purpose, including gambling; (e) collect any information about any other user of the Game through the Game; (f) use the Game to violate any legal right of any third party; (g) use any automated means to access or use the Game (including scripts, “bots” or similar software); (h) duplicate, reproduce, publish, display, distribute, or create derivative works of the Content through any means, except as provided for herein; or (i) rent, lease, sell, assign, transfer, sub-license, or convey the Game or any portion thereof for any purpose.
6. Use. The Game, and all Services, are protected by applicable law, including copyright law, and you are explicitly advised that any use of the Game in violation of the law is prohibited.
a. You may use the Content and Services for your own personal, non-commercial use. The Game and the Content may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use.
b. Notwithstanding the foregoing, you may reproduce and distribute limited sections of the Game for educational and evaluative purposes (e.g., tutorials, playthroughs, reviews) provided that you do not extract any Game assets for independent distribution. We reserve the right to revoke the rights granted in the immediately preceding sentence at any time and to submit takedown requests if you violate any portion of this Agreement. You acknowledge that certain Content in the Game may be subject to third-party licenses and you are solely responsible for ensuring your use complies with all applicable third-party rights. You agree to indemnify us for any reproduction or distribution of any part of the Game that violates any third-party right or license.
c. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Game or Services for any purpose not expressly provided for herein is prohibited.
7. User Conduct. You represent, warrant, and agree that no action or omission by you in connection with the Game will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Game:
a. To take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Game or the intellectual property rights owned or licensed by us as described elsewhere herein;
b. To upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
c. To interfere with or disrupt the Game or servers or networks connected to the Game, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game;
d. To use any feature of the Game for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; or
e. For any commercial purpose not expressly approved by us in writing. You will not use the Game for any form of solicitation or unauthorized communication.
8. Charges and Payments. The Game may be offered for purchase through the Distributor's platform. Any charges for the Game will be clearly disclosed prior to purchase and all payment transactions will be processed by the Distributor in accordance with its payment terms. You authorize the Distributor to collect any payments due for the Game. Your provider's data rates may apply to your download and use of the Game.
9. Updates. From time to time, we may create updated versions of the Game. Updates may be automatically transmitted to you and you accept such updates according to this Agreement. Unless explicitly stated otherwise, all updates will be subject to this Agreement, including any amendments to this Agreement.
10. Digital Millennium Copyright Act. We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Game, or any portion thereof, violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:
a. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
11. Third Party Sites. The Game may contain (or may send you through or to) links to third-party websites and/or software ("Third Party Sites"). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Game. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply and comply with any and all applicable third-party terms of agreement when using the Game. The Game may also contain sponsored third party content or advertisements and we may place advertisements in connection with the display of any Content, Services, or information in the Game.
12. Personally Identifiable Information. We will not obtain or collect any personally identifiable information through your use of the Game. Any personally identifiable information collected by a Distributor is subject to the Distributor’s privacy policy and you are responsible for reviewing that policy.
13. Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Game, with or without notice and for any reason, including breach of this Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Game and reporting you to the proper authorities. You may terminate this Agreement only by deleting the Game and all copies thereof from your devices. Upon any termination of this Agreement, you shall cease all use of the Game and delete all copies of the Game from your devices. Any part of this Agreement intended to apply following termination will so apply.
14. Disclaimer of Warranty. THE GAME AND ALL ASSOCIATED SERVICES AND CONTENT ARE PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We hereby disclaim all warranties with respect to the Game and Services either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. We do not warrant, guarantee, or make any representations that the Game or Services are reliable, secure, or accurate, that they will meet your needs or requirements, that the Game or Services will be available at any particular time or location, that any defects or errors will be corrected, or that the Game or Services will be free of viruses or other harmful components. You use the Game at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of this Agreement and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
15. Limitation of Liability. You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Game or Services, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Game or Services; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.
16. Indemnification. You hereby indemnify and hold us, our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, owners, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of this Agreement or in connection with any use of the Game or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Game or Services.
17. Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
18. Third Party Beneficiary. Distributor and its subsidiaries may be third-party beneficiaries under this Agreement, and such third-party beneficiaries will have the right to enforce this Agreement against you.
19. Severability. If any provision of this Agreement is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case this Agreement with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of this Agreement shall not be considered a waiver.
20. Dispute Resolution. We hope to address all of your claims through good faith negotiation and ask that you contact us at the address listed in the Contact section with any issues you may have regarding the Game or this Agreement. Any dispute, controversy, or claim arising out of or related to this Agreement, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by confidential, binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Denver, Colorado. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys' fees, and may be entered in any court of competent jurisdiction.
21. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
22. Controlling Law. This Agreement shall be governed by the laws of the State of Colorado and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Game or Services will be brought solely in the courts located in Denver, Colorado and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any legal proceeding will be entitled to reimbursement of its reasonable costs and expenses in connection with such proceeding.
23. Entire Agreement. This Agreement constitutes the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of this Agreement. We may assign all or any portion of this Agreement in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of this Agreement shall be binding unless executed and confirmed in writing by us.
24. Contact. If you have any questions regarding this Agreement, please contact:
Train of Thought Games, LLC
TrainOfThoughtGames@gmail.com
End User License Agreement
This End User License Agreement (“Agreement”) governs your access to and use of the game Gearplexed (“Game”) and any materials, services, information, and data hosted or transmitted via the Game, including all Content, as defined below, (collectively, “Services”) as provided by Train of Thought Games, LLC (“us”, “our”, or “we”). The Game may be hosted and sold by a third party (“Distributor”), but this Agreement is solely between you, the user, and Train of Thought Games, LLC. Your access to and use of the Game and Content are conditioned on your acceptance of and compliance with this Agreement. Please read this Agreement carefully.
1. Agreement.
a. By accessing or using the Game you agree to be bound by this Agreement. You will use the Game in a manner consistent with applicable laws and regulations and in accordance with this Agreement. If you are dissatisfied with the Game, Services, or this Agreement, you agree that your sole and exclusive remedy is to discontinue your use of the Game. The Game may only be downloaded and installed by a person 13 years of age or older. If the user is under 18 years of age, such use must be supervised by and have the consent of the user's parent or legal guardian, who agrees to be bound by this Agreement.
b. You acknowledge and accept that your use of the Game is at your sole risk. You represent you have the legal capacity and authority to accept this Agreement and you understand that some of this Agreement may not apply to you but all the Agreement is nonetheless binding. As the rightful owner of the Game, we reserve the right to change this Agreement at any time by posting the revised Agreement. Your continued use of the Game after such changes constitutes your acceptance of the modified Agreement. We reserve the right to terminate this Agreement in accordance with Section 13.
2. License. We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Game solely for your personal, non-commercial purposes strictly in accordance with this Agreement, and on such devices owned and controlled by you.
3. Ownership. The Game and associated Content are the owned or appropriately licensed property of Train of Thought Games, LLC. “Content” includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Game. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Game and Content. Systematic retrieval of data or other content from the Game to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Game materials is prohibited except as provided for herein. Nothing contained in the Game should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property contained or displayed in the Game without our written permission or such third party that may own such intellectual property unless otherwise provided for herein. Your use of the intellectual property contained in the Game, or any other content in the Game, except as provided herein, is strictly prohibited. Any unauthorized use of the content contained in the Game may violate applicable laws, regulations, and/or statutes.
4. Maintenance. To the extent that any maintenance or support is required, we may provide support for the Game but we have no obligation to furnish any maintenance and support services with respect to the Game unless mandated by applicable law.
5. Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or recreate the Game or Content; (b) change, modify, or alter the Game or Content; (c) circumvent any protections that are a part of the Game; (d) use the Game for any commercial or illegal purpose, including gambling; (e) collect any information about any other user of the Game through the Game; (f) use the Game to violate any legal right of any third party; (g) use any automated means to access or use the Game (including scripts, “bots” or similar software); (h) duplicate, reproduce, publish, display, distribute, or create derivative works of the Content through any means, except as provided for herein; or (i) rent, lease, sell, assign, transfer, sub-license, or convey the Game or any portion thereof for any purpose.
6. Use. The Game, and all Services, are protected by applicable law, including copyright law, and you are explicitly advised that any use of the Game in violation of the law is prohibited.
a. You may use the Content and Services for your own personal, non-commercial use. The Game and the Content may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use.
b. Notwithstanding the foregoing, you may reproduce and distribute limited sections of the Game for educational and evaluative purposes (e.g., tutorials, playthroughs, reviews) provided that you do not extract any Game assets for independent distribution. We reserve the right to revoke the rights granted in the immediately preceding sentence at any time and to submit takedown requests if you violate any portion of this Agreement. You acknowledge that certain Content in the Game may be subject to third-party licenses and you are solely responsible for ensuring your use complies with all applicable third-party rights. You agree to indemnify us for any reproduction or distribution of any part of the Game that violates any third-party right or license.
c. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Game or Services for any purpose not expressly provided for herein is prohibited.
7. User Conduct. You represent, warrant, and agree that no action or omission by you in connection with the Game will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Game:
a. To take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Game or the intellectual property rights owned or licensed by us as described elsewhere herein;
b. To upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
c. To interfere with or disrupt the Game or servers or networks connected to the Game, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game;
d. To use any feature of the Game for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; or
e. For any commercial purpose not expressly approved by us in writing. You will not use the Game for any form of solicitation or unauthorized communication.
8. Charges and Payments. The Game may be offered for purchase through the Distributor's platform. Any charges for the Game will be clearly disclosed prior to purchase and all payment transactions will be processed by the Distributor in accordance with its payment terms. You authorize the Distributor to collect any payments due for the Game. Your provider's data rates may apply to your download and use of the Game.
9. Updates. From time to time, we may create updated versions of the Game. Updates may be automatically transmitted to you and you accept such updates according to this Agreement. Unless explicitly stated otherwise, all updates will be subject to this Agreement, including any amendments to this Agreement.
10. Digital Millennium Copyright Act. We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Game, or any portion thereof, violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:
a. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
d. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
11. Third Party Sites. The Game may contain (or may send you through or to) links to third-party websites and/or software ("Third Party Sites"). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Game. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply and comply with any and all applicable third-party terms of agreement when using the Game. The Game may also contain sponsored third party content or advertisements and we may place advertisements in connection with the display of any Content, Services, or information in the Game.
12. Personally Identifiable Information. We will not obtain or collect any personally identifiable information through your use of the Game. Any personally identifiable information collected by a Distributor is subject to the Distributor’s privacy policy and you are responsible for reviewing that policy.
13. Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Game, with or without notice and for any reason, including breach of this Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Game and reporting you to the proper authorities. You may terminate this Agreement only by deleting the Game and all copies thereof from your devices. Upon any termination of this Agreement, you shall cease all use of the Game and delete all copies of the Game from your devices. Any part of this Agreement intended to apply following termination will so apply.
14. Disclaimer of Warranty. THE GAME AND ALL ASSOCIATED SERVICES AND CONTENT ARE PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We hereby disclaim all warranties with respect to the Game and Services either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. We do not warrant, guarantee, or make any representations that the Game or Services are reliable, secure, or accurate, that they will meet your needs or requirements, that the Game or Services will be available at any particular time or location, that any defects or errors will be corrected, or that the Game or Services will be free of viruses or other harmful components. You use the Game at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of this Agreement and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
15. Limitation of Liability. You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Game or Services, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Game or Services; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.
16. Indemnification. You hereby indemnify and hold us, our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, owners, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of this Agreement or in connection with any use of the Game or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Game or Services.
17. Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
18. Third Party Beneficiary. Distributor and its subsidiaries may be third-party beneficiaries under this Agreement, and such third-party beneficiaries will have the right to enforce this Agreement against you.
19. Severability. If any provision of this Agreement is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case this Agreement with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of this Agreement shall not be considered a waiver.
20. Dispute Resolution. We hope to address all of your claims through good faith negotiation and ask that you contact us at the address listed in the Contact section with any issues you may have regarding the Game or this Agreement. Any dispute, controversy, or claim arising out of or related to this Agreement, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by confidential, binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Denver, Colorado. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys' fees, and may be entered in any court of competent jurisdiction.
21. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
22. Controlling Law. This Agreement shall be governed by the laws of the State of Colorado and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Game or Services will be brought solely in the courts located in Denver, Colorado and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any legal proceeding will be entitled to reimbursement of its reasonable costs and expenses in connection with such proceeding.
23. Entire Agreement. This Agreement constitutes the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of this Agreement. We may assign all or any portion of this Agreement in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of this Agreement shall be binding unless executed and confirmed in writing by us.
24. Contact. If you have any questions regarding this Agreement, please contact:
Train of Thought Games, LLC
TrainOfThoughtGames@gmail.com