Return Policy, Shipping Policy, Privacy Policy, and Terms of Service
Board Gaming with Education Privacy Policy, Terms of Service, and Return Policy
- Return Policy
- Shipping Policy
- Privacy Policy
- Terms of Service
- EduGamer Membership Terms and Conditions
RETURN POLICY
Thank you for your purchase. We hope you are happy with our products. If for some reason, you are not happy with your purchase, we do offer a refund on items within 15 business days of the purchase date.
Returns
All physical products must be postmarked within 15 days of the purchase. All returned items must be in new, unopened, and in unused condition with all the original tags and labels attached.
To return an item, place the item securely in its original packaging. You can mail your returned item to:
Returns Processing Time
Upon receipt of the returned product we will start to process your refund for your payment. Please allow 3-5 business days for processing on our end and another 1-5 business days for it to show on your statement.
Damaged Items
For damaged products, please contact us as the customer service above or send us an email to: sales@boardgamingwitheducation.com. We can also be reached at the phone number and email above for any questions or concerns.
SHIPPING POLICY
Domestic Shipping Policy
All orders are processed within 3-5 business days.
Shipments do not occur on weekends or holidays. If we experience a high volume of orders, you will receive a notification through. the email you provided for your order.
Shipping rates and delivery estimates
Shipping charges for your order will be calculated and displayed at checkout.
Customs, duties, and taxes
Staats Education LLC and Board Gaming with Education is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Free Shipping
Free shipping applies to orders when the total is over $95 after all applicable discounts and coupons are applied. Free shipping only applies to the contiguous 48 US States.
Damages
Staats Education LLC and Board Gaming with Education is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier or our support team directly to file a claim. Please save all packaging material and damaged goods before filing a claim.
International Shipping Policy For international orders, please reach out to us through email: games@boardgamingwitheducation.com
PRIVACY POLICY
This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.
Provide us with feedback on our products or services
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions.
- To ask for ratings and reviews of services or products
- To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
An external PCI compliant payment gateway handles all CC transactions.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
- Help remember and process the items in the shopping cart.
- Understand and save user's preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.Some of the features that make your site experience more efficient and may not function properly.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
- Remarketing with Google AdSense
- Google Display Network Impression Reporting
- Demographics and Interests Reporting
- DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together
We use them to compile data regarding user interactions to sell that data to interested parties.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
- On our Privacy Policy Page
Can change your personal information:
- By emailing us
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
- Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
- Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.
www.boardgamingwitheducation.com
7351 Fallbrook Ave
West Hills, CA 91307
United States
podcast@boardgamingwitheducation.com
Last Edited on 2020-09-07
Terms of Service
Last Updated: July 9, 2025
INTRODUCTION
Welcome to BGE’s Tabletop. These Terms of Service (“Terms”) govern your access to and use of all activities, services, events, and features offered by BGE’s Tabletop LLC (“BGE’s Tabletop,” “Company”, “we,” “us,” or “our”), including our website, physical events, programming, and online content (collectively, the “Services”). By using any part of our Services—including booking a game table, participating in events, attending programming, or using our website—you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms apply to all individuals who interact with or participate in BGE-hosted or affiliated events, including but not limited to game facilitators (DMs/GMs), players, guardians of minor participants, event attendees, and website visitors (collectively, “Participants” or “Users”).
Your continued use of the Services constitutes your acceptance of these Terms, as updated from time to time. If you do not agree to any part of the Terms, you may not use the Services. Updated versions of these Terms will be posted on our website and/or made available at point-of-service registration or check-in.
We may also communicate a summary of these Terms verbally or through a QR code at the beginning of scheduled events, which links to the most current version. By remaining at or participating in the event after this announcement, you are affirming your acceptance of these Terms.
These Terms incorporate and reflect the community-focused culture of BGE’s Tabletop and are intended to promote a welcoming, respectful, and safe environment for all.
Terms and Conditions of Use
Please read these Terms and Conditions of Use (this “Agreement”) carefully, to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY AND ALL DISPUTES between you and BGE’s Tabletop LLC. and its subsidiaries and affiliates. This Agreement applies to and controls Your use of any BGE’s Tabletop mobile apps, applications, scripts, browser plugins, applets, and websites (the “Application”).
Conditions of Use and Modifications
To use the Application and agree to this Agreement, you must have reached the age of majority where you live or have obtained the agreement and authorization from your parent or legal guardian to use the Application. Your continued use of the Application affirmatively signifies your acceptance of this binding Agreement between You and Company.
We may update this Agreement from time to time at our sole discretion, without notice, and you agree that it is your responsibility to periodically check this page for any changes. Any modifications or updates to this Agreement shall be effective thirty (30) days following their posting, the date of which shall be noted in the Agreement, and your continued use of the Application shall affirmatively signify your acceptance of any such modifications or updates. If you do not agree with any of the terms or conditions in this Agreement, or as it is modified from time to time, you must stop using the Application.
GENERAL EXPECTATIONS FOR ALL EVENTS
Code of Conduct
BGE’s Tabletop is committed to maintaining a welcoming, respectful, and inclusive environment for all participants, regardless of age, identity, background, or experience level. All Participants must behave in a manner that fosters positive interaction and community-building.
Conduct that is harassing, discriminatory, threatening, disruptive, or otherwise inappropriate will not be tolerated. This includes but is not limited to:
i. Verbal abuse, hate speech, slurs, or discriminatory remarks;
ii. Sexualized or explicit language or behavior;
iii. Disrespectful or aggressive behavior toward staff, facilitators, or other participants; iv. Intoxication or disruptive substance use;
v. Any action that disrupts the experience of others or the safe functioning of our space.
Participants are expected to follow instructions from BGE staff and facilitators at all times. Violations of this Code of Conduct may result in immediate removal from an event, revocation of future participation privileges, and/or permanent banning from BGE’s Tabletop events or locations, at our sole discretion.
We encourage community members to speak up and notify staff immediately if they witness or experience a violation of these standards.
Supervision of Minors
Unless otherwise specified as part of official youth programming, all children under the age of 16 must be accompanied by a parent or legal guardian at all times while on BGE premises or during any BGE-sponsored event.
Participation in youth-specific programming (such as summer camps, after-school sessions, or special events) requires a completed liability waiver signed by a parent or legal guardian. During such events, BGE staff and facilitators supervise the programming environment but do not serve as legal guardians.
Outside of these youth programs, BGE staff and event facilitators are not responsible for unsupervised minors. It is the responsibility of guardians to ensure safe arrival, departure, and appropriate behavior of their children in all other contexts.
Safety and Behavior Policy
To maintain a safe and comfortable atmosphere for all, BGE’s Tabletop prohibits the possession or use of dangerous items or substances, including weapons, illicit drugs, and hazardous materials. Additionally, behavior that endangers or threatens any person, including physical intimidation or verbal aggression, will not be tolerated.
Participants must comply with all posted rules, staff directions, and community guidelines while attending any BGE-hosted or affiliated event. Failure to do so may result in ejection without refund, suspension from future participation, or, if necessary, involvement of law enforcement.
Right to Refuse or Revoke Participation
BGE’s Tabletop reserves the right, at our sole discretion, to deny entry to or remove any individual from any event, program, or property for reasons including, but not limited to, violation of these Terms, endangerment of others, or behavior that is inconsistent with the spirit and values of our community.
This right applies regardless of whether the violation occurs in person, via digital platforms (e.g., online sign-ups, communications), or through conduct outside the store that adversely impacts the safety or inclusiveness of the BGE community.
ROLEPLAYING GAME EVENT POLICIES (DUNGEONS & DRAGONS AND OTHER RPGS)
Content Boundaries and Age-Appropriate Themes
All roleplaying game sessions held at BGE’s Tabletop are expected to be conducted in a manner appropriate for a community-centered, family-friendly retail environment. While storytelling, fantasy, and imagination are core aspects of these games, participants are reminded to use discretion and good judgment in their choice of themes, tone, and language.
Game Masters (DMs/GMs) are required to submit detailed game information prior to scheduling, including the game system, a summary of the adventure, and any applicable content warnings. These details help BGE evaluate appropriateness for promotion and ensure informed participation. Facilitators must also clearly communicate content boundaries to players before and during gameplay.
Although we strive to foster a respectful and inclusive environment, BGE’s Tabletop is not responsible for unscripted content introduced by participants during roleplay. If an issue arises during a session, we encourage players to immediately notify staff or use designated safety tools to address the concern.
We also ask all participants to complete any pre-session surveys or feedback forms made available, which are used to match play style preferences, player needs, and content expectations.
In-Game Conduct
Participants are expected to act with empathy, integrity, and mutual respect both at the table and in character. The following standards apply to all RPG sessions:
i. Consent must be obtained before any character action directly impacts another character (e.g., stealing from or harming another character).
ii. Descriptions of violence, horror, or intense emotional scenarios must remain within agreed-upon session boundaries.
iii. Players must avoid graphic or sexual content, excessive gore, or any form of harassment, whether in-character or out-of-character.
iv. Meta-gaming, rule-lawyering, or antagonizing the DM or fellow players is discouraged and may result in removal from the session.
v. Players are encouraged to check in with the GM whenever clarification is needed—whether about rules, tone, or boundaries—to help ensure a collaborative and respectful experience.
GMs have discretion to pause, redirect, or end gameplay in order to uphold these standards. DM Authority and Session Management
The Game Master (DM/GM) serves as the primary facilitator of each session and is empowered to manage game pacing, adjudicate rules, and make decisions in real-time to ensure a smooth and enjoyable experience. All participants must respect the authority of the GM and defer to their final decisions regarding the course of the game.
Session scheduling is contingent on GM availability. BGE cannot guarantee that a particular game, facilitator, or time slot will always be available. We reserve the right to reschedule or cancel sessions due to staffing, attendance, or unforeseen circumstances.
We ask that GMs communicate their expectations clearly at the outset of each session and are transparent with players regarding any planned system shifts (e.g., transitioning between D&D editions). Facilitators should remain flexible and attentive to the needs and comfort levels of players of all ages and experience levels.
Player Safety Tools
To ensure a safe, welcoming, and emotionally respectful environment, all RPG sessions hosted at BGE’s Tabletop are required to use at least one recognized player safety tool. These may include, but are not limited to:
i. The X-Card. A tool used to immediately stop or shift content that a player finds uncomfortable.
ii. Lines and Veils Checklists. Documents that identify prohibited (“Lines”) or softly limited (“Veils”) content prior to gameplay.
iii. Regular Breaks and Debriefs. Facilitators should incorporate short breaks and offer opportunities for check-ins, especially during intense or emotional content.
Players are not required to explain their use of a safety tool but are encouraged to speak with the GM or BGE staff if they experience discomfort or distress during or after a session.
BGE staff may provide printed safety materials and additional guidance to any facilitator or player upon request.
Recording and Photography
The privacy of all participants is paramount. No photographs, video recordings, or audio recordings of any RPG session may be taken or shared without the prior consent of all participants involved.
BGE’s Tabletop may, from time to time, capture promotional images during store events. Attendees will be notified in advance and will have the opportunity to opt out. Any images taken for promotional purposes will avoid inclusion of identifiable minors without prior written parental consent.
Session Cancellations and Refunds
BGE’s Tabletop reserves the right to cancel or reschedule any RPG session for any reason, including but not limited to GM availability, insufficient attendance, or emergencies. While we will make every effort to provide advance notice, last-minute changes may occur.
Refunds for canceled events will be issued only in accordance with our store’s posted refund policy. Credit or rescheduling options may be offered at our discretion.
LIABILITY WAIVER
Assumption of Risk
Participation in tabletop gaming events, workshops, and community gatherings—whether scheduled by BGE’s Tabletop or facilitated by independent GMs—may involve physical, social, and emotional interactions in a group setting. By attending or participating in any such event or program, all Participants acknowledge and voluntarily assume the inherent risks associated with these activities, including but not limited to:
i. Exposure to illness or contagious conditions;
ii. Emotional or psychological discomfort arising from collaborative storytelling or unexpected subject matter;
iii. Minor physical risks associated with movement, handling game materials, or long periods of sitting or standing;
iv. The actions or statements of other attendees, which may be unpredictable despite our Code of Conduct.
BGE’s Tabletop disclaims all liability for personal injury, property damage, emotional distress, or any other harm arising from or related to participation in our events, whether caused by staff, facilitators, other participants, or external conditions beyond our control. Participants attend and engage in activities at their own risk.
Health and Wellness Acknowledgment
All attendees, including children enrolled in youth programming, affirm that they are in suitable health and physical condition to participate in BGE-hosted activities. Participants who are sick, contagious, or experiencing symptoms of illness must refrain from attending in-person events until fully recovered.
BGE’s Tabletop reserves the right to deny entry to any participant who appears visibly ill or whose presence may pose a risk to the health and safety of others.
Participants who require accommodations due to health conditions or disabilities are encouraged to contact us in advance so we can make reasonable efforts to support access and inclusion.
Emergency Response
BGE’s Tabletop staff will make reasonable, good-faith efforts to respond appropriately to any emergency or unforeseen health-related situation. However, staff members are not licensed medical professionals, and we do not provide emergency medical care, supervision, or diagnosis.
In the event of an emergency, staff may contact emergency services and/or the participant’s designated emergency contact. All guardians of minor participants must provide accurate and up to-date emergency contact information as a condition of participation in youth programming.
Completion of a signed liability waiver is required for all youth participants engaging in camps, afterschool programs, or similar structured events. This waiver will confirm both assumption of risk and consent to basic emergency response procedures by staff or medical personnel if necessary.
BGE’s Tabletop disclaims any liability for injuries or outcomes arising from emergency situations beyond our immediate control or reasonable capacity to address.
YOUTH EVENTS
This section applies to any BGE-hosted or affiliated program specifically designed for minors, including summer camps, afterschool sessions, youth Dungeons & Dragons games, and other youth-oriented events (collectively, “Youth Programs”).
Participation in Youth Programs is conditioned upon the parent or legal guardian of the minor participant completing all required registration forms and signing a Liability Waiver and Emergency Contact Authorization.
Behavioral Expectations
All children participating in Youth Programs must follow directions given by BGE staff, facilitators, and designated volunteers. This includes compliance with game rules, respect for peers and facilitators, and adherence to community standards established for safe and inclusive play.
Disruptive, aggressive, or disrespectful behavior—including repeated disregard of staff instructions—may result in the child’s temporary or permanent removal from the program. BGE staff will use discretion and, when possible, provide warnings or contact guardians before taking further action.
We expect guardians to help reinforce behavioral expectations at home and to support the creation of a safe and engaging play environment for all youth participants.
Drop-Off and Pick-Up Policies
Punctuality is essential to ensuring the safety and structure of our Youth Programs. Guardians are responsible for ensuring that children are dropped off and picked up at the scheduled times and designated locations.
Repeated tardiness in pickup may result in late fees and/or the suspension of a child’s participation in future programming. If a child is left at the store beyond the designated pickup window and BGE staff are unable to contact the guardian, we reserve the right to contact appropriate authorities as needed to ensure the child’s safety.
We ask that all guardians confirm authorized pickup persons in advance. Children will not be released to individuals not listed on the registration or emergency contact forms without verified guardian approval.
One-on-One Policy
To ensure the safety of minors and support transparency, BGE staff and facilitators will never intentionally be alone with a child in a secluded area. All Youth Programs are conducted in open, observable environments, including shared rooms with multiple staff and participants or within visual access to public areas.
Private communication between staff and minors outside the scope of a structured program is strictly prohibited. If one-on-one support becomes necessary for any reason (e.g., behavioral redirection or emotional support), another staff member will be notified and, whenever possible, present.
Communication Policy
BGE staff, facilitators, and volunteers may not directly communicate with minors outside of scheduled programs except through official BGE communication channels (e.g., registration updates, schedule changes) and only with guardian awareness and/or consent.
Personal contact information (including phone numbers, social media handles, and gaming profiles) must not be exchanged between staff and minors. Any reports of inappropriate communication will result in immediate investigation and, if substantiated, termination of that individual’s involvement in BGE programming.
Parents and guardians are encouraged to communicate with BGE’s staff directly for all scheduling, concerns, and updates.
GENERAL TERMS
User Prohibited From Illegal Uses
User shall not use, and shall not allow any person to use, the Application or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person. Users agree not to use the Application in any way that:
∙ Violates any applicable local, state, national, or international law or regulation; ∙ Infringes upon or violates the rights of others, including intellectual property, privacy, or publicity rights;
∙ Is false, misleading, defamatory, libelous, obscene, threatening, harassing, or otherwise objectionable;
∙ Introduces viruses, malware, or other harmful code or content;
∙ Attempts to reverse engineer, decompile, or extract source code from the Application; ∙ Involves any unauthorized scraping, data mining, or automated access to the Application; ∙ Attempts to bypass security mechanisms or exploit the Application in ways not intended by BGE’s Tabletop.
∙ use, copy, modify, download, or transfer the Application or any component of the Application, in whole or in part, except as expressly provided in these Terms; ∙ Reverse engineer, disassemble, decompile, or translate the Application; ∙ Attempt to derive the source code of the Application;
∙ Create any derivative work from the Application;
∙ Use the Application for any commercial purpose of your own or to benefit another, including rent, lease, loan, resell for profit, or distribute the Application, or any part thereof;
∙ Remove or alter any proprietary notice or legend regarding BGE’s Tabletop, or any third party’s, proprietary rights in the Application;
∙ Use the Application except in accordance with applicable laws and regulations; ∙ use the Application:
o to defraud any third party;
o to distribute obscene or other unlawful materials or information; and/or o to disseminate or encourage conduct that could constitute a criminal offense or give rise to civil liability.
BGE’s Tabletop reserves the right to suspend or terminate any User account and remove any content that violates these Terms or threatens the integrity of the Application.
User represents and warrants that:
∙ User will use the Services only as provided in these Terms;
∙ User will provide accurate, complete, and current information to the Application and its owner(s);
∙ User will notify the Application and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Application and its owner(s) via the functions of the Application or the email address provided below.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE APPLICATION DOES NOTWARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THATANYDATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE APPLICATION DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limited Liability
THE Application SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY
THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE APPLICATION SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTYINVOLVED WITH THE SERVICES, APPLICATION OFFERS, OR ANY ACT BYAPPLICATION USERS. THE APPLICATION SHALL NOT BE LIABLE FOR ANYDAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE APPLICATION IN CONNECTION WITH THE APPLICATION OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE APPLICATION OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
The Application shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Application shall have no liability for any damages related to User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Application’s reasonable control. The Application has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE APPLICATION WILLBE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANYVIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOTINFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUALPROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILLNOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.
ANY APPLICATION IS OFFERED IN JURISDICTIONS WHERE IT MAY BE LEGALLYOFFERED. THE APPLICATION AND THE INFORMATION OFFERED THROUGH IT IS NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFULTO MAKE SUCH AN OFFER.
COMPANY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANYOTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE APPLICATION OR THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITYAND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIALBASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU EXPRESSLYAGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANYEXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Third party products, links, and actions
The Application may include or offer third party products or services. The Application may also have other users or members who interact with each other, through the Application, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Application, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.
Third Party Licensors
Some or all of the Application may be provided by a third-party licensor (“Licensor”) who is a third party to this Agreement. While this Agreement is between you and Company, not Licensor, to use the Application, you may also be required to agree to be bound by terms and conditions specified by the Licensor. You represent and warrant to Company that as a condition of using the Application you will abide by any required terms and conditions specified by the Licensor.
In addition to other disclaimers and exclusions contained in this Agreement, Company expressly disclaims to the maximum extent permitted by law: (i) any and all liability related to the Application involving “content,” as defined herein, which belongs to or is provided by Licensor; (ii) any and all liability related to maintenance or support with respect to the Application
provided by Licensor; and (iii) any and all lability related to claims with respect to product liability, intellectual property rights, consumer protection, privacy, or failure to conform to any applicable legal or regulatory requirement involving Licensor’s conduct or content.
Third Party Links
Like many other websites, our websites may contain links to websites of third parties not affiliated with us. These links are provided for your convenience only. Third parties (including websites, social media pages and others) may also provide links or host advertisements to Company products. This Agreement will not apply to these third-party websites and We are not responsible for the privacy practices or the content on any of these other websites, even where these third-party sites indicate a special relationship or “partnership” with us. We do not disclose personal information to any third party sites. The linked or linking sites, however, may collect personal information from you when you visit their site or click links there. To ensure protection of your privacy, always review the privacy policies of the sites you visit when you click on links on our websites.
Application and Content, Copyright
You acknowledge that Content may be made available to you through the Application, including, but not limited to, information, comments, data, software (whether applications, scripts, plug-ins, or applets), photographs, graphics, text, sound, images, and other material (“Content”). All content is owned by Company, Licensor, or another third party. Content is protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in the United States, and world-wide, and all rights therein are reserved by their respective owners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Agreement or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Application and the materials thereon.
Your use of the Application does not grant or transfer to you any ownership or other rights in the Application or the Content, and except as expressly provided, nothing herein or within the Application shall be construed as conferring on you or any other person any license under any of Company’s, Licensor’s, or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by the right’s owners. For greater certainty, you agree that you will not take any action that is inconsistent with Company’s ownership of any portion or all of the Application and Content, or with Licensor’s, or any third party’s ownership of any portion or all of the Application and Content. You are hereby expressly prohibited from removing any proprietary notice of Company, Licensor, or any third party, from any copy of the Application or Application Content. If you believe your intellectual property was posted to a Company website or application by a user, please contact us at
games@boardgamingwitheducation.com with "DMCA" in the subject line. We will respond in accordance with the Digital Millennium Copyright Act.
Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Websites in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed, including the URL(i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or other specific location on the Application where the material that you claim is infringing is located.
4. Your address, telephone number and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.
This information must be submitted to the following email address:
games@boardgamingwitheducation.com.
Your Account and Security
The Application, or certain features and/or portions of the Application may utilize a user account that is password-protected and may require you to complete a registration process in order to obtain access and create your user account. When registering to use any such features and/or portions of the Application, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. We shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Application, or any features or portions of the Application if we believe that the information you have provided is incomplete, inaccurate.
You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username and any password that you register or that is provided to you confidential and secure. If your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us and any applicable Licensor. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
User Generated Content
The Application may allow users of the Application to post, contribute, or upload their own content, which may include images, video, audio, or text content (“User Generated Content”). You may only post User Generated Content that you created or which the owner of the content has given you permission to post. You may not post or distribute User Generated Content that is illegal or that violates this Agreement. By posting or distributing User Generated Content to the Application, you represent and warrant that (a) you own all the rights to the User Generated Content or are authorized to use and distribute the User Generated Content to these Social Sites and grant the license rights and waivers granted to us under this Agreement and (b) the User Generated Content does not and will not infringe any copyright, right of publicity or any other third-party right nor violate any applicable law or regulation.
By submitting or posting User Generated Content to the Application, and in exchange for the use of the Application, you grant to Company, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide royalty-free right to reproduce, display, perform, distribute, modify, create derivative works of, adapt, and promote any posted User Generated Content in any medium. We own all right, title, and interest in any compilation, collective work, or other derivative work, whether created by us, using or incorporating User Generated Content. To the extent included in your content, you hereby consent to the use of your name and any other names, trade names, trademarks and service marks, likenesses, performances, voices and identities (and/or that of any minor who you are responsible for) for any and all purposes in connection with our exercise of the license rights granted herein.
Indemnification
At our request, you agree to defend, indemnify, and hold harmless Company, its parent and other affiliated companies, and their employees, contractors, officers, and directors, and Licensors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal fees and disbursements on a solicitor-client basis) that arise from the your use or misuse of the Application (including mobile purchases or payments), violation of these Terms and/or the Services, or violation of any rights of a third party. Company reserves the right to
assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event you will cooperate in asserting any available defenses.
Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Mandatory Arbitration
Most customer service issues can be resolved quickly and easily by calling or emailing our customer service teams. UNDER THIS AGREEMENT YOU AGREE TO THE MANDATORYARBITRATION OF DISPUTES REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS PROVISION REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. Any controversy, dispute, or claim arising out of or relating to this Agreement shall be settled by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules. In the event that our customer service team is not able to resolve your issue, but before you file a claim with the AAA, you must submit a Notice of Intent to File a Claim to the following e-mail address: games@boardgamingwitheducation.com.
Once received, you agree to provide us with sixty (60) days to attempt to resolve your issue, subject to a good faith effort on both our part and yours to reach such a resolution. If, after 60 days no such resolution has been reached, you may file an individual claim for arbitration with the American Arbitration Association. At no time may your claim for arbitration be filed as part of a class or representing the interests or claims of more than one individual.
For claims for arbitration for amounts less than $10,000, you may request that the Arbitration be performed subject to the AAA Documents-Only Procedure described in R-29 of the AAAConsumer Rules. Any Arbitration conducted in person shall be conducted in Los Angeles County, California before an arbitrator who is an attorney licensed in California. If the parties cannot agree upon an arbitrator, the AAA shall appoint the arbitrator according to AAA’s selection procedures. Judgment upon any award of the arbitrator may be entered in any court having jurisdiction thereof (such judgment to include an award of reasonable attorneys’ fees and expenses, including the expense of arbitration, to the prevailing party). Notwithstanding the foregoing, any party to this Agreement may seek any appropriate equitable relief, including injunction, to which it may be entitled.
Company reserves the right, but not obligation, and at its sole determination to consolidate claims for arbitration where:
∙ The claims for which arbitration is sought are substantially similar in nature based on the parties involved, the date, time or product at issue, and the nature of any claimed injury or damages;
∙ The claims are filed within a six-month period of time;
∙ And/or the claims are filed by a small number of law firms or attorneys. Termination
If you breach any provision of this Agreement you may no longer use the Application. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Application or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Application is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application and anything relating to or arising from such use. If you are dissatisfied with the Application, then your sole and exclusive remedy is to discontinue using the Application.
Severability and Entire Agreement
If any provision of this Agreement by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement constitutes the whole Agreement between you and Company related to the matters discussed herein, and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and Company relating to the subject matter of any contract.
Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: natural disasters, fires, floods, epidemics, pandemics, strikes, labor disputes, war, terrorism, government orders, failure of suppliers, utility failures, or Internet service interruptions.
Assignment
We may assign or transfer these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations without our prior written consent, and any unauthorized assignment shall be null and void.
Notices and Electronic Consent
You consent to receive all communications from us electronically. We may provide notices by email, through your account, or by posting them on the Application. You agree these communications satisfy any legal requirement that such notices be in writing.
Waiver
No waiver of any term shall be deemed a continuing waiver or a waiver of any other term. No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us. You may not represent or bind us in any manner.
Contact Information
If you have questions about these Terms, please contact us at:
games@boardgamingwitheducation.com or 601-207-0430.
BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE THATYOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BYTHESE TERMS.
EduGamer Membership Terms and Conditions
The EduGamer Membership (“Program”) sponsored by Staats Education LLC and Board Gaming with Education (“Sponsor”) is designed to help you get the most out of your membership. We reward you for doing the things you already do: shop on www.boardgamingwitheducation.com (the “Site”), refer friends to the Program, and send us feedback on your products. Best of all, the points you earn can be used to purchase more products! The following EduGamer Membership Terms and Conditions (these “EduGamer Membership Terms and Conditions”) contain important information regarding the Program. Please read the following Rewards Terms and Conditions carefully. These Rewards Terms and Conditions are incorporated into the Site Terms and Conditions. Acceptance of the Site Terms and Conditions shall consist of acceptance of these Rewards Terms and Conditions. These Rewards Terms and Conditions are a binding agreement between you and Sponsor and will govern your participation in any and all Program offers. Being eligible for the Program entitles members (“Members”) to take advantage of certain Program rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify these Rewards Terms and Conditions at any time, without notice to you, so it is important to check the Rewards Terms and Conditions periodically. Participation in the Program and/or redemption of Rewards is considered acceptance of these Rewards Terms and Conditions and any modified terms included therein. Upon notice, Sponsor may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Reward at any time, including the availability of any Program Reward.
Program Period
This Program will continue until terminated, suspended, modified, or converted to another rewards program by Sponsor (the "Program Period").
Eligibility
To become a Member of the Program, you must be 18 years of age or older. To enroll in Program, you simply need to have registered for a Board Gaming with Education account at https://www.boardgamingwitheducation.com/register. You do not need to have a subscription to earn Points in the Program.
Earning EduGamer Points
Once you have become a Member, you can begin racking up EduGamer points (“Points”) the following ways: Sign up for an EduGamer Membership — you earn 500 Points for registering on the site Purchasing— every time you purchase a product, you receive $1 for every 100 points, or $.01 for every point. Upon notice, Sponsor reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the Points’ value structure and offers and any merchandise or service. Sponsor reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Members agree to abide with any such adjudication. You can check your EduGamer Points balance on your account page.
EduGamer Points Redemption
Every 100 Points you earn in accordance with this Program equals $1 to spend on www.boardgamingwitheducation.com. The Points are redeemable towards purchases of products solely on the Site, and you can redeem them in the checkout process. To redeem your Points, simply add items to your shopping cart, and click the “Checkout” button (if you’re not already signed in, the next screen will prompt you to sign in to your account). Continue through the checkout process. When you get to the Payment Information section, you’ll see a box that that says “Use my EduGamer points.” When you click it, your Points will be used and the dollar value will be deducted from your order total. Points are available for redemption for the purchase of products on the Site only while supplies last and quantities may be limited. Points may be applied toward partial orders or purchases.
Refunds & Returns
Any items received as a result of Points redemption may only be exchanged for a refund of the applicable Points redeemed for such item (not cash or credit). Purchases made with Points will ship in the normal course of business. Points earned via credit card transaction purchases on the Site will be rescinded in the event that such purchase is returned for a refund. EduGamer Points Minimums And Maximum
Refunds & Returns
You cannot redeem Points for more than the total amount of your purchase. Points are not redeemable for cash. EduGamer Points Balance
Refunds & Returns
You can always check your EduGamer Point balance in your account page. EduGamer Points Expiration
Refunds & Returns
Registration points will expire 30 days from the date they were first earned. If Member does not redeem Points within this time frame, Member forfeits all such Points. Purchases Points will expire 12 months from the date they were first earned. If Member does not redeem Points within this time frame, Member forfeits all such Points. Your Account page lists your Rewards Points balance history, which displays the dates your points were earned.
Reward Conditions
Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Rewards. Sponsor makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.
Termination
Sponsor may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward. Sponsor may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Rewards Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Terms and Conditions. Sponsor reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Sponsor deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rewards Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Site; or (c) acting with intent to annoy, harass or abuse any other person; or (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Program. Any decision Sponsor makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Sponsor shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Rewards Terms and Conditions or intent of these Rewards Terms and Conditions.
Release
Except for willful misconduct or gross negligence on the part of Board Gaming with Education, by participating in the Program, Members release Sponsor, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.
Indemnification
Members agree to indemnify, defend and hold Sponsor and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Rewards Terms and Conditions or any violation by Member of applicable law.
Governing Law
The laws of the United States shall govern these Rewards Terms and Conditions. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in Los Angeles County for all matters arising in connection with these Rewards Terms and Conditions or Member’s participation in the Program.