WEBSITE TERMS AND CONDITIONS
1. Requirements. The Website is available only to individuals who can enter into legally binding contracts under applicable law. The Website is not intended for use by individuals under eighteen (18) years of age. By accessing and/or using the Website you represent and warrant that you are at least eighteen (18) years of age, that you have the right, authority and capacity to enter into the Agreement and to abide by all of its terms and conditions and that you are a legal resident of the United States or the District of Columbia. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Website.
2. Membership. The information that you must supply on the registration form includes: (a) your correct and verifiable name; (b) postal address; (c) telephone number; (d) date of birth; (e) e-mail address and (f) gender (collectively, "Registration Data"). You also represent that we may rely on your Registration Data as accurate, current and complete. Brainware reserves the right, in its sole discretion, to terminate your participation in the Promotion at any time for inaccurate, untrue, deceptive and/or incomplete Registration Data. Your Registration Data e-mail address is critical for participation and prize redemption; please retain it for your records. You are solely responsible for maintaining the security of your account and for any and all activities that are conducted through your account.
You understand and agree that Brainware is not responsible or liable in any manner whatsoever for your inability to use the Website and/or qualify for the Promotion and/or any associated functionality. You understand and agree that Brainware shall not be liable to you or any third party for any modification, suspension or discontinuation of the Promotion. If Brainware terminates the Agreement and/or the Promotion, Brainware shall have no liability or responsibility to you. You understand and agree that refusal to use the Website is your sole right and remedy with respect to any dispute with Brainware.
3. Termination and Cancellation: Brainware reserves the right to terminate your access to the Website for any reason or no reason, in our sole discretion. Brainware also reserves the right, in its sole discretion, to cancel your account if at any time you fail to meet any qualifying requirements including, without limitation: (a) if you supply incorrect and/or fraudulent information; (b) if we believe that you are engaged in any type of fraudulent activity including, without limitation, the use of bots or other automated device to attempt access to the Website; (c) whenever Brainware believes you are acting in a manner that could result in Brainware liability in any manner, whatsoever.
4. License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content in accordance with the Agreement. Brainware may terminate this license at any time for any reason. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. Brainware reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Brainware infrastructure. Your right to use the Website is not transferable.
5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website is strictly prohibited. Systematic retrieval of material from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Brainware is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material on the Website by Brainware does not constitute a waiver of any right in such information and/or materials.
7. Indemnification. You agree to indemnify, defend and hold Brainware, their parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (each a "Covered Party"), harmless from and against any and all loss, liability, claims and/or demands (including reasonable attorneys\' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website, the Promotion and/or arising from your breach of the Agreement.
8. WARRANTIES/LIMITATION OF LIABILITY. YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE WEBSITE, IS AT YOUR SOLE RISK. THE WEBSITE AND PROMOTION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BRAINWARE AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, PRIZES, WEB GUESSS AND/OR PROMOTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAINWARE AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BRAINWARE AND YOU. THE WEBSITE, PRIZES, WEB GUESSS AND PROMOTION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAINWARE THROUGH THE WEBSITE AND/OR PROMOTION SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BRAINWARE AND THE COVERED PARTIES ARE NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: (A) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF THE WEBSITE, PROMOTION, WEB GUESS OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR CONTESTANT COMMUNICATIONS INCLUDING, WITHOUT LIMITATION, FAILURE TO RECOGNIZE AND/OR RECORD A WEB GUESS AND/OR FAILURE TO RECEIVE A REDEMPTION FORM; (B) THE CONDUCT OF ANY CONTESTANT, WHETHER ONLINE OR OFFLINE, INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; (C) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR (D) ANY INFRINGEMENT OF ANOTHER\'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
THE MAXIMUM LIABILITY OF BRAINWARE AND THE COVERED PARTIES TO YOU OR TO ANY THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO FIVE HUNDRED DOLLARS ($500.00). IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE PARTICIPATION AND TO DISCONTINUE USE OF THE WEBSITE.
9. Miscellaneous. You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website and attempt to qualify for the Promotion. Brainware does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of Brainware\'s control. Terms that, by their nature, would survive any termination of the Agreement shall survive any termination of the Agreement. The Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Los Angles California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Brainware, the covered parties and their employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney\'s fees and court costs that Brainware and the covered parties incur in seeking such relief. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. You agree that you hereby waive any right to, and will not, participate in any class action lawsuit related in any manner to the Website and/or the Promotion. To the extent that anything in, or associated with, the Website or the Promotion is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and the Rules, insofar as the Promotion is concerned, the Rules shall govern. Brainware\'s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
10. Legal Warning. Any attempt by any individual, whether or not a Contestant, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and Brainware will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
11. Contact Us. You may also contact customer service via email at .