By using our Services, as a registered user, a guest, or otherwise, you agree that these Terms of Service will dictate your relationship with EWAGERS. If you do not completely agree to these Terms of Service then you must not use any of our Services.
EWAGERS is not endorsed by, directly affiliated with, maintained or sponsored by Apple Inc, Electronic Arts, Activision Blizzard, Take-Two Interactive, Microsoft, Xbox, Sony, Playstation or Epic Games. All content, games titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.
“Account” is defined as any account that is provided by EWAGERS that you create with the intention of accessing specific Services.
“ Conflict ” is defined as any controversy that relates to this agreement, including and without limitation: claims deriving from or relating to any facet of the relationship between EWAGERS and you, claims that were made before this agreement, and claims that may be made after the termination of this agreement. However, this does not include claims that arise or relate to the enforcement or protection of Intellectual Property Rights. This is subject to any and all applicable statutory consumer rights laws in your local jurisdiction.
“EWAGERS” is defined as E-Ventures, LLC d/b/a EWAGERS Any time “Us,” “We,” or “Our” is mentioned, it refers to EWAGERS, including joint ventures, any and all subsidiaries parent companies, and other corporate entities under common ownership and/or any of their directors, consultants, agents, and officers. EWAGERS does not include EWAGERS Affiliates or third parties (analytics or ad tech companies, or similar organizations).
“EWAGERS’ Affiliate” (or “EWAGERS’ Affiliates”) is defined as EWAGERS third-party content providers, distributors, licensees, or licensors.
“Intellectual Property Rights” is defined as any and all title, right, and interest of every kind. Whether it is known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights under the laws of any governmental authority. This includes, without limitation, all registrations and applications relating to the formerly mentioned.
“Notice” is defined as delivered writing (that will be effective upon receipt) in the form of an e-mail, courier, or by Federal Express to the other party at their respective address.
“Service” ( or “Services”) is defined as any website, device, platform, content, and/or other related products and services provided by EWAGERS and EWAGERS’ Affiliates, including without limitation any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information, recordings of games played using a EWAGERS game client, and EWAGERS game clients and server software.
“Terms of Service” (or “Terms”) is defined as the conditions and terms in this agreement.
“User Content” is defined as any and all data that you create, transmit, or upload through the Services. This includes without limitation forum posts, buildings, character skins, Account personas, profile information, sound, videos, software, images, precise and imprecise location data, EXIF data, metadata, timestamps, and any other content contributed by users to the Services.
- Ownership and Limited License
- a) The Services are owned or licensed by EWAGERS. They are protected by Intellectual Property Rights and other proprietary rights laws. EWAGERS reserves all rights, title, and interest in and to the Services, including and without limitation all Intellectual Property Rights and other proprietary rights that are not explicitly given to you in these Terms. The Intellectual Property Rights of EWAGERS limits your permitted use of the Services.
- Compliance with these Terms of Service and any other relevant EWAGERS policies. EWAGERS gives you a non-commercial, non-exclusive, non-transferable, revocable, limited license, that is subject to the limitations in these Terms. This will allow you to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose. You acknowledge that for EWAGERS to provide you with Services, it is necessary to also provide related functionality, such as analytics, measurement, ad personalization, financial transaction processing, fraud prevention, identity checks, security measures, marketing, and customer support.
- c) License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited and could potentially result in the immediate revocation of your limited license at EWAGERS sole judgment, or may subject you to liability for violations of law.
You acknowledge you will not directly or indirectly:
- i) Partake in any activity or action that goes against what EWAGERS deems is the spirit or intent of the Services;
- ii) Copy, modify, edit, publicly display, publicly perform, republish, transmit, distribute, or create derivative works of any material obtained through the Services;
iii) Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
- iv) Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
- v) Attempt to harass, threaten, bully, embarrass, abuse, harm, advocate for or incite harassment, abuse, or harm of another person, group, EWAGERS itself or EWAGERS Affiliates;
- vi) Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation, religion, heritage, nationality, disability, other health class, gender, age, or similar classes determined by EWAGERS;
vii) Initiate, assist, or become involved in any form of attack or disruption to the Services. This includes without limitation the distribution of viruses, worms, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or another person's use or enjoyment of the Services;
viii) Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, or EWAGERS;
- ix) Use of access services to obtain, generate, or infer any business information about EWAGERS or EWAGERS Affiliates, including without limitation information about sales, revenue, staff, technical stack, or statistics about users;
- x) Promote, encourage, or participate in any activity involving hacking, phishing, distributing counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying EWAGERS;
- xi) Make available via the Services any material or information that infringes on any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or impersonates any other person, including without limitation celebrities and EWAGERS’ employees;
xii) Attempt to gain unauthorized access to Services or Accounts not belonging to you;
xiii) Use the Services where it is prohibited by law.
- d) Accounts
- i) Each Account may be used by only one person. You must take all steps to protect your log in information. Your Account may be deleted if someone else uses it. You must give immediate notice to EWAGERS if any unauthorized use of your Account or any breach of security occurs. EWAGERS will not be responsible for any loss or harm that results from an unauthorized person accessing your Account.
- ii) EWAGERS may permanently delete Accounts that are deemed inactive. Accounts will be deemed inactive when they have not been used for One Hundred and Eighty (180) days.
iii) You acknowledge that if your Account is deleted then you may lose access to any information associated with that Account. If you wish to delete your Account, please notify EWAGERS by sending Notice to the following contact: firstname.lastname@example.org
- iv) No matter what else is said in these Terms or anywhere else within the Services, you acknowledge that you have no right, title, or interest to or in any Account you create through our Services and your Account is not your property. Your Account is owned by EWAGERS and is licensed to you on a limited basis under the same rules as 2(a) and 2(c).
- Fees and Payment Terms
- a) Within the Services, you may enter head to head competitions and fee-based tournaments in certain competitive multi-player skill-based games (“Wager, Side Wager, or Streamer Wager”). The winner of each Wager will be determined by their skill in relation to other users competing in that Wager.
- b) In addition to meeting the age requirement to access the Services (as detailed in Section 6 of these Terms of Service), to enter into a Wager you must also be at least the minimum legal age required by the state in which you reside. If your state of residence does not permit skill-based games to be played for cash or prizes, then you can’t participate in such Wagers. At any time EWAGERS may require you to provide proof of eligibility to participate in a Wager or withdraw funds.
- c) The cost of entry and value of prices offered in each Wager will be disclosed prior to the commencement of each Wager. By remitting entry fee for any Wager, you agree and acknowledge that any entry fee paid is non-refundable and that you may not win the Wager. At the beginning of the Wager, any entry fees paid will be charged to your payment method on file. You are responsible for paying any and all entry fees.
- d) Following the Wager, even if it closes prematurely, users will report Wager results to EWAGERS within the Services. EWAGERS will have the sole and absolute discretion to determine the Wager results and winners. By participating in any Wager, you agree to adhere to these rules. After the Wager winner has been determined by EWAGERS, EWAGERS will retain a fee of five percent (5%) of all prize amounts earned by the Wager winner, and then any remaining prize funds will be credited in the account of or remitted to the Wager winner.
- e) ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, ARE FINAL, AND ARE NONREFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- User Content
- a) To the maximum extent permissible by law, EWAGERS assumes no responsibility or liability for the conduct of any user submitting any User Content and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and will not do so. Your use of the Services is at your own risk. You have sole responsibility for any User Content that you post.
- b) When you transmit or upload User Content, you agree to follow these rules:
- i) All content will be accurate, complete, and free from fraud and deception;
- ii) All content will be free of any Intellectual Property Rights infringement;
iii) All content should not be threatening, harassing, promote racism, bigotry, hatred or physical harm of any kind against any group or individual. It should not promote or encourage violence or illegal activities of any kind;
- iv) All content will be in compliance with these Terms of Service;
- v) All content will not violate any law, contractual restrictions, or other parties' rights;
- vi) All content will be free of viruses, adware, spyware, worms, or other malicious code;
vii) All content will be free of spam, commercial solicitation, chain letters, and mass mailings.
- d) You hereby grant EWAGERS a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to EWAGERS and EWAGERS Affiliates all licenses, consents, and clearances necessary to enable EWAGERS to use User Content for such purposes. You also hereby grant to EWAGERS the right to authorize others to exercise any of the rights granted to EWAGERS under this Section. You further hereby grant to EWAGERS the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. EWAGERS does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.
- e) If EWAGERS is notified that you have infringed on the copyrights or other Intellectual Property Rights of others, then your access to the Services may be terminated without prior Notice to you. This is in compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws. If you believe that your content has been infringed in the Services, please notify us by emailing the following address: email@example.com. If you knowingly misrepresent copyright infringement, then you may be liable for damages like costs and attorneys’ fees, for instance. Notices submitted to EWAGERS under this provision should include:
- i) A description of the Intellectual Property Rights claimed to have been infringed;
- ii) A description of the material claimed to be infringing;
iii) Your name, mailing address, phone number, and email address;
- iv) A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate. Under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and
- v) A physical or electronic signature from a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.
- a) Unless modified or amended by EWAGERS, this agreement and its provisions shall remain in effect. Termination of any license granted by EWAGERS under this agreement does not affect any other provisions of this agreement.
- Account Access and Permissible Assignment
- a) By using the Services, you warrant and represent that you are at least 18 years of age and otherwise legally competent to read, understand, and accept the provisions of this agreement. If you are under 18 years of age, you must not use any of the Services, make an Account, or submit any personal information to EWAGERS through the Services.
- b) If you have been banned from using any EWAGERS Services in the past, then you will be banned from using our Services.
- c) You may only have one Account. If it is discovered that you have registered multiple Accounts, are sharing Accounts with another individual, or are accessing the Services through an account that is not your own, then all participating Accounts will be terminated, and EWAGERS will seize all Wager winnings associated with that account.
- d) If you are a parent and believe your child may have created an account, you may contact us with details of that account at firstname.lastname@example.org to remove it.
- Service Availability and Termination
- a) You acknowledge that:
- i) EWAGERS may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services;
- ii) EWAGERS has absolute and sole discretion to immediately terminate or restrict access to the Services or any portion of the Services. This includes any and all Accounts and any and all funds related to your Account at any time, for any reason, without Notice and without liability to you;
iii) Access to the Services may be interrupted for reasons within or beyond the control of EWAGERS. EWAGERS cannot and does not guarantee you access to the Services whenever you wish to do so;
- iv) EWAGERS may not offer the Services in all countries or geographic locations;
- v) You are responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
- Warranty and Liability
YOU ACKNOWLEDGE THAT EWAGERS AND EWAGERS AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE SERVICES ARE PROVIDED BY EWAGERS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EWAGERS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EWAGERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EWAGERS DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF EWAGERS AND/OR EWAGERS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO EWAGERS AND/OR EWAGERS AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID EWAGERS OR ANY EWAGERS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EWAGERS AND/OR ANY EWAGERS AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU REPRESENT AND WARRANT THAT 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 A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, EWAGERS AND EWAGERS AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.
- a) You agree to defend, indemnify and hold harmless EWAGERS, EWAGERS Affiliates, and any third-parties under agreement with EWAGERS, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
- i) Your failure to comply with any provision of these Terms of Service;
- ii) Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
iii) Your actions to purposefully impact the Services via bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
- b) At their own expense, EWAGERS and EWAGERS Affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- c) You acknowledge, and further agree, that EWAGERS has no obligation to defend, indemnify, or hold harmless you in any way related to this agreement. This includes but is not limited to your use of the Services, any other person’s of the Services, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
- d) This Section shall survive the termination of this agreement.
- Conflict Resolution
- a) Informal Resolution. With respect to any Conflict, you agree to attempt to negotiate the resolution of any Conflict informally for at least thirty (30) days before initiating any arbitration or other proceeding. This includes any legal proceeding before an administrative agency or in court. Such informal negotiations commence upon EWAGERS’ receipt of Notice from you.
- b) Contact Information. EWAGERS can be reached at the following address:
E-Ventures, LLC. d/b/a EWAGERS
- c) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Conflict informally within a total of thirty (30) days, or if EWAGERS, in its sole and absolute discretion, determines that satisfactorily resolution is impossible, that Conflict informally within a total of thirty (30) days, you agree that either you or EWAGERS may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The party requesting Conflict resolution by arbitration under this Section will be responsible for initiating such a proceeding.
- i) The American Arbitration Association (“AAA”) will mediate the arbitration between you and EWAGERS. AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Conflicts, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or call them at 1-800-778-7879.
- ii) YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and EWAGERS both agree that neither of you shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with EWAGERS. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and EWAGERS further agree that each of you may bring claims against the other only in an individual capacity and not as a plaintiff or a class member in any purported class or representative proceeding.
- a) Non-Gambling Website. No gambling is allowed within the Services. The tournaments enabled through the Services utilize skill-based games. This means the outcome of all relevant games is based on the skill of Wager participants rather than chance. EWAGERS possesses no knowledge of the probability of any particular participant winning a Wager and makes no representations about an individual user’s chances of winning.
- b) In the event of a dispute regarding the outcome of a Wager, EWAGERS may request Wager participants to provide additional evidence, such as photo or video evidence of Wager results by means of the EWAGERS website. If you believe there has been a mistake with respect to any distribution of winnings or Withdrawals from your Account, please email us at: email@example.com EWAGERS reserves the right to, in its sole discretion, assess a penalty and terminate your Account. If any winnings are mistakenly credited to an Account, EWAGERS may automatically deduct such winnings from your Account if we discover such an error.
- c) It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that EWAGERS may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless EWAGERS states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.
- d) Complete agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter, supersedes, and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.
- e) Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party including war, terrorism, acts of public enemies, strikes, labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.
- f) No act or failure to act by EWAGERS will be deemed a waiver of any right contained in this agreement. Any waiver by EWAGERS must be in writing and signed by an officer of EWAGERS. If EWAGERS does waive any provision of this agreement, then such a waiver shall not be a waiver of any other provisions of this agreement and the waived provision shall not be waived for all time in the future.
- g) If any provision or sub-provision of this agreement is found to be invalid or unenforceable, then the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a way that most closely represents the intention of the parties as expressed here.
- h) You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to EWAGERS, which entitles EWAGERS to seek injunctive relief without the necessity of proving actual damages in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by EWAGERS as a result of a breach of any of the provisions of this agreement.
- i) Governing Law and Venue. Any dispute or claim arising out of or related to this agreement shall be governed by and construed in accordance with the laws of the State of Nevada without reference to any choice or conflict of laws principles. Unless subject to arbitration under Section 10, the Courts in the State of Nevada shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of or relating to disputes or claims that might arise under this agreement. Accordingly, the parties consent to the personal jurisdiction of the Courts in the State of Nevada, and hereby waive any and all jurisdictional or venue defenses otherwise available to them.
- j) To the fullest extent permitted by law, the controlling language for these Terms of Service is English.