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IMPORTANT NOTICE: This agreement is subject to a binding arbitration and a waiver of class action rights as detailed in section 3 below.

Welcome to Gamrs, an online service offered as a partner under esportsplus. Our website is an interactive online service operated under Gamrs, LLC. This Terms of Use and Service Agreement, collectively referred to as (“Agreement”), applies to this website and any other service offered by Gamrs. Gamrs may at certain times offer certain services governed by separate terms of use. These special services’ terms will be made explicitly clear to any users before these services are made available.

Certain products, services, and digital content may be made available to you for purchase through the Gamrs website. Those purchases are governed by our Terms of Sale, which are incorporated by reference into this Agreement and made a part of this Agreement.

Your privacy is vitally important to Gamrs. Our Privacy Policy contains detailed information regarding how we process, handle, and store your personal information. Your access and use of the Gamrs website and services provided by Gamrs are subject to Gamrs’ privacy policy, and if you are a resident in North America, your agreement to the policies terms of use and service is set out in this document and in those that are incorporated into it by reference in this document.

FOR ALL USERS - AGE RESTRICTION: This website and its services are only available for individuals 18 years of age or older. If you are under the age of 18, you are NOT allowed to use this website or its services. If you use our services while under the age of 18, you are in violation of these terms of use and service.

FOR ALL USERS - LOCATION RESTRICTION: This website and its services are only for residents of the United States of America. If you are not a resident of the United States of America, you are NOT allowed to use this website or its services. Gamrs shall not be held liable for the actions of any users that use our services outside the United States of America.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE GAMRS SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND GAMRS. BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE GAMRS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE GAMRS SERVICE, YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE GAMRS SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE GAMRS SERVICE. IF YOU REJECT THIS AGREEMENT OR GAMRS’ PRIVACY POLICY, YOUR RETURN RIGHTS IN RELATION TO THE GAMRS SERVICE ARE GOVERNED BY YOUR STATUTORY RIGHTS IN THE COUNTRY WHERE YOU BOUGHT THE PROGRAM. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR STATUTORY RIGHTS.

Gamrs may at any time modify or discontinue any aspect of the services provided on this website. This includes, but is not limited to, content, website availability, and any equipment needed.

Gamrs may post additional policies, guidelines, or rules you may be subject to. These additional policies are hereby incorporated by reference into this Agreement and made a part of this Agreement.

You are solely responsible for obtaining and maintaining any and all telephone, computer hardware, computer accessories, software, and any other equipment needed for access to and use of the Services and all charges related thereto.

READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution: Gamrs’ Customer Support team is available to work through any concerns you may have regarding this service. Most concerns are quickly resolved in this manner to our customers’ satisfaction. All parties involved shall use their best efforts to settle any disputes, claims, questions, or disagreements directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Arbitration: Any dispute not resolved within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above may be settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. The arbitrator’s decision and award shall be binding and may be entered as a judgement in any court of competent jurisdiction. The arbitrator is authorized to grant Gamrs its reasonable fees and costs incurred in any action to enforce these Terms of Use.

Class Action Waiver: Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if we are a party to the proceeding. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

Any claims arising out of this agreement will be subject to the laws of the State of Georgia, without reference to conflict of laws principles.

Gamrs provides players with access to online events, ladders, tournaments, leagues, news, personalized content, and various branded promotions. Some of these services are provided free of charge today, but Gamrs reserves the right to charge for certain services in the future, subject to applicable laws. We do our best to make your experience with the Gamrs Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Therefore, you agree that the Gamrs Service are provided on an “AS IS” and “AS AVAILABLE” basis. Gamrs does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings. Gamrs reserves the right to change or discontinue, temporarily or permanently, the Gamrs Service at any time. You agree that Gamrs will not be liable to you or any third party for any modification or discontinuance of the Gamrs Service. The Gamrs Service may include hyperlinks to other websites or services solely as a convenience to you (“Third Party Sites”). Gamrs has no control over, does not endorse and is not responsible for any such Third Party Sites or the information, advertising, products, services or materials contained on or accessible through any such Third Party Sites. You agree that Gamrs is not liable for any loss or damage which may be incurred by you as a result of the availability of any Third Party Sites or as a result of any reliance placed by you on the completeness, accuracy or existence of any information, advertising, products, services or materials contained on or accessible through any such Third Party Sites and your use of any such Third Party Sites or the services provided by them shall be governed by such terms between you and such Third Party sites.

You shall provide true, accurate, current and complete information about yourself as requested in the Website’s registration forms. Accurate records are required to pay out cash prizes, and help us create better websites and provide us with opportunities to identify new services or products that may interest you. You agree to update your registration data to keep it current and accurate within a reasonable time after any change to that data. You shall use the Gamrs service for lawful purposes in compliance with this Agreement only. You are solely responsible for any content generated on any interactive services offered. You must read below and follow the Code of Conduct at all times:

You shall not post, upload, distribute, publish, or otherwise transmit any content through the Gamrs service that:

(i) may be unlawful, libelous, abusive, defamatory, obscene, profane, offensive, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, inflammatory, fraudulent or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(ii) may constitute, encourage or provide instructions for a criminal offense, violate the rights of any party;

(iii) may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post).

(iv) may violate any party’s right of privacy, including without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

(v) may be considered threatening, harassing or promoting racism, bigotry, hatred or physical harm of any kind against any group or individual;

(vi) contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;

(vii) contain or is an unsolicited offer, advertisement, proposal, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, including, without limitation, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities; or

(viii) in the judgment of Gamrs may be objectionable or which restricts or inhibits any other person from using or enjoying the Gamrs Service or which may expose Gamrs or our users to any harm or liability;

Gamrs reserves the right to monitor the content of the service to determine compliance with these rules and policies. This list is not intended to be exhaustive, and Gamrs will make the sole determination as to what is acceptable in its sole discretion. Gamrs may edit or remove any content at any time without notice. Violation of the rules set forth in this agreement may result in the suspension or termination of your rights to use the service.

Gamrs does NOT pre-screen or endorse any third party content and is not responsible or liable under any circumstances for such content. You understand that you may be exposed to content that Gamrs is not responsible for the accuracy, usefulness, or safety of such content.

Gamrs does NOT filter or block users’ names, screen names, or email addresses and other information protected by applicable data protection and privacy laws and regulations. You understand this information from other users is the confidential information of Gamrs, and you agree not to scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s information.

Gamrs offers its users the opportunity to participate in certain online competitions and tournaments, some of which may have prizes for the winners. If you participate in such online competitions and tournaments, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you. Eligibility requirements will be disclosed in connection with each online competition and tournament. To collect a prize, you may be required to provide information reasonably requested by Gamrs. Gamrs may report the value of the prize to federal and/or state taxing authorities.

The terms in this section relate to items and services available for purchase via the Gamrs service.

All sales of credits and memberships on Gamrs are final. Both credits and user memberships are non-transferable and may not be exchanged or returned for cash or credit. In the event a user’s account is terminated, any and all credits and active membership status will be forfeited without refund.

This website and service is owned and operated by Gamrs, LLC. - a subsidiary of esportsplus. All content, logos, trademarks, and other proprietary information on this website are protected by copyright, trade dress, patent, and trademark laws. Any intellectual property on this website not belonging to Gamrs or its affiliates belongs to its respective owner. All rights reserved.

USE OF THE GAMRS SERVICE IS AT YOUR OWN RISK. NEITHER GAMRS, GAMRS’ AFFILIATED COMPANIES, GAMRS’ NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “GAMRS PARTIES”) WARRANT THAT THE GAMRS SERVICE, ANY PRODUCT OR ANY INFORMATION CONTENT OR MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAMRS SERVICE, ANY PRODUCT OR INFORMATION, CONTENT OR MATERIALS CONTAINED, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE GAMRS SERVICE OR ANY PRODUCT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE GAMRS SERVICE OR ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL. GAMRS DOES NOT GUARANTEE THAT ANY PARTICULAR MLG SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT GAMRS WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. GAMRS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT FEATURES AND RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT FEATURES IN ITS DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE, CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE ONLINE SERVICE OVER TIME.

THE GAMRS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. GAMRS DOES NOT REPRESENT OR WARRANT THAT THE GAMRS SERVICE, ANY PRODUCT OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GAMRS, THE GAMRS PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAMRS SERVICE, ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT [INCLUDING BUT NOT LIMITED TO NEGLIGENCE] OR OTHERWISE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE GAMRS SERVICE OR ANY PRODUCT OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN.

IN NO EVENT SHALL ANY AGGREGATE, TOTAL LIABILITY OF THE GAMRS PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE GAMRS SERVICE OR ANY PRODUCT EXCEED AN AMOUNT EQUAL TO THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE GAMRS SERVICE AND/OR ANY PRODUCT AND RETAINED BY GAMRS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100).

You agree to defend, indemnify, and hold harmless Gamrs and the Gamrs parties from and against any and all claims, losses, damages, liabilities and expenses, including reasonable legal fees and expenses arising from or out of (i) any violation of this Agreement; (ii) your use or misuse of the Gamrs service or website; (iii) any content you post on the Gamrs service or website; and/or (iv) any violation of applicable law.

You may unsubscribe at any time by sending an email to [email protected] Gamrs reserves the right to terminate accounts without notice and at our sole discretion, to terminate your license to use Gamrs and your accounts and passwords to Gamrs and to block or prevent your future access to and use of Gamrs or your account and passwords, for any reason, including, without limitation, if you are in violation of any provision of the Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement). Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and the introductory paragraphs of this agreement will survive termination of this Agreement.

You may unsubscribe at any time by sending an email to [email protected] Gamrs reserves the right to terminate accounts without notice and at our sole discretion, to terminate your license to use Gamrs and your accounts and passwords to Gamrs and to block or prevent your future access to and use of Gamrs or your account and passwords, for any reason, including, without limitation, if you are in violation of any provision of the Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement). Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and the introductory paragraphs of this agreement will survive termination of this Agreement.

If you believe copyright infringement is evident on the Gamrs website, we encourage you to review 17 U.S.C. §512(c)(3) of the DMCA. Please notify us via email of the infringement: [email protected]