This Terms of Use Agreement (“Agreement“) governs all access to and use of this site and all information available on this site (collectively, the “ESG Site”) and constitutes a binding agreement between you and eSports Grading (“ESG”). Any person who accesses the ESG Site expressly accepts the terms and conditions of this Agreement.

In ESG’s sole discretion, ESG reserves the right to modify any of the terms and conditions contained in this Agreement or any policies or guidelines governing the ESG Site or the contents of the ESG Site or modify or discontinue any of ESG’s products or services, at any time, without notice, and without liability to you. Any changes will be effective upon posting the revised Agreement on the ESG Site.

Use of the ESG Site. The ESG Site is not intended for commercial use. You may view, copy, print and use content gathered from the ESG Site solely for your personal use, so long as (a) you use the content available on the ESG Site solely for informational and non-commercial purposes, (b) no text, graphics, or other content available on the ESG Site is modified in any way, (c) no graphics (including, without limitation, logos or copyright notices) contained on the ESG Site are used, copied or distributed separately from the accompanying text available on the ESG Site, and (d) you did not access the information with scripts, headless browsers, or anything that deviates from the intended web interface and data presentation provided by ESG. Other than as expressly provided in this Agreement, your use of the ESG Site does not confer any license or grant any right to use any intellectual property of ESG.

The ESG Site may contains links to, and can be accessed from links on, other websites. Such parties are not agents of ESG nor does ESG have any responsibility for or control over the content, availability, operation, or performance of any third-party websites. ESG’s reference to any product, service or other offering of any third party does not necessarily constitute or imply ESG’s endorsement or recommendation thereof. Any views expressed by third parties on the ESG Site are solely the views of such parties, and ESG assumes no responsibility for the content or accuracy of any statement of any third party.

Information Disclosed to ESG or on the ESG Site. If you send ESG feedback or other information, including, without limitation, ideas, comments, suggestions, or questions regarding any ESG product or service or the content of the ESG Site, such information will be deemed to be non-confidential and ESG will have no obligation of any kind with respect to such information and will be free to reproduce, use (including, without limitation, for the development, marketing and sale of any product or service or any modification to the ESG Site), disclose, and distribute the information to others without limitation or payment of any kind.

By displaying or publishing any content or information on or through the ESG Site, you hereby grant to ESG a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such content or information. You represent and warrant that you own the content or information that you post on the ESG Site or otherwise have the right to grant the license set forth above, and the posting of your content or information does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any content or information that you post.

You may not post anyone else’s contact information or other personal or confidential information of another, without that person’s express written consent. You may not take any actions that interfere with the operation of the ESG Site. You agree not to use the ESG Site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any other laws. You agree not to post any copyrighted material unless the copyright is owned by you. Although ESG does not and cannot review all postings on the ESG Site and is not responsible for the content of any of the information posted on the ESG Site by third parties, ESG reserves the right to delete any post, thread, image, profile, account or attachment for any or no reason whatsoever.

Information posted to the ESG Site by third parties is solely the opinion and responsibility of the person posting the information. You agree to indemnify and hold harmless ESG and ESG’s agents, successors and assigns, with respect to any claim based upon any information posted on or provided through the ESG Site. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. ESG may terminate your use of the ESG Site if you infringe on the copyright rights of others upon receipt of notification by the copyright owner or the copyright owner’s legal agent.

Permitted Activities on the ESG Site. ESG reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect ESG’s systems and customers, or to ensure the integrity and operation of ESG’s business and systems, ESG may access and disclose any information it considers necessary or appropriate, including, without limitation, any information you provide to ESG through the ESG Site or otherwise, IP address and traffic information, usage history and posted content. Any personal information you choose to disclose to ESG or post on the ESG Site is at your sole risk, and ESG assumes no responsibility for the information you post, or any third-party posts, on the ESG Site.

ESG reserves the right, but assumes no obligation, to monitor any activity and content associated with the ESG Site. ESG may investigate any reported violation of its policies or complaints and take any action that ESG deems appropriate. ESG reserves the right and has absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable. If you suffer damages from ESG’s investigation or actions as a result thereof, you agree that ESG will not be liable to you for such damages for any reason or under any circumstances.

ESG Report. ESG’s grading and certification services do not guarantee the value of any video game or the presence of a market for video games.

Information That ESG May Collect. To use certain services on the ESG Site, we may require you to give us contact information, which may include, but is not limited to, your name, birthdate, mailing address, phone number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the ESG Site. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the ESG Site, although not providing it may hinder your ability to use the ESG Site and/or certain services available from ESG or through the ESG Site.

We use the information that we collect to provide and maintain the ESG Site as we deem appropriate in our sole discretion and to provide our services. We may also use the information to contact you regarding ESG’s products and services, and to send information regarding our company or others involved in the video game certification industry, such as dealers or promotions. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the ESG Site and may send a newsletter or other correspondence to you. You will have the opportunity to unsubscribe from any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use services provided by ESG, you may continue to receive email correspondence from us related to such services.

If you provide a charge card or other authorized payment method information to ESG, you authorize ESG, or a charge card processor of ESG’s choosing, to receive appropriate billing information and charge your card.

ESG does not wish to collect any Personal Information (or any information at all) from any persons under 14 years old. If you are under 14 years old, you may not use the ESG Site.

Reviewing and Updating Your Information. If you register for an account on the ESG Site, you may review and update your account information by logging in to your account with your username and password.

Cookies. When you access the ESG Site, we may store some information on your computer’s hard drive. This information will be in the form of a “cookie.” Most web browsers automatically accept cookies, but you can change your browser to prevent cookies. Without accepting a cookie, your use of the ESG Site may be adversely affected.

Transmission Data Security. Data that is transported over an open network, such as the Internet or e-mail, may be accessible to others. ESG cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any Personal Information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. Your data may be lost during transmission or may be accessed by unauthorized parties. ESG does not accept any liability for direct or indirect losses that result from the security of your Personal Information or data during its transfer via the Internet, email, or any other means.

Disclaimers. The ESG Site may be unavailable from time to time due to mechanical, telecommunications, software, and third-party vendor failures, and ESG shall not be responsible for lost data or your inability to access the ESG Site for any reason. ESG makes commercially reasonable efforts to provide accurate information and related materials on the ESG Site, but ESG is not responsible for misprints, out of date information, technical or pricing inaccuracies, typographical or other errors on the ESG Site. The ESG Site and all information and related materials on the ESG Site are provided “as is.” ESG makes no claims or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability or operation of the ESG Site or the information and materials it contains.

ESG MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, THE ESG SITE OR THE CONTENTS OR PROGRAMS AVAILABLE ON OR THROUGH THE ESG SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND/OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. ESG WILL HAVE NO LIABILITY FOR ANY INACCESSIBILITY OF THE ESG SITE, ANY VIRUS, TRAPS OR OTHER HARMFUL CODE DIRECTLY OR INDIRECTLY TRANSMITTED BY OR THROUGH THE ESG SITE, OR ANY DELAY OR FAILURE OF ANY TRANSMISSION, COMMUNICATION OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED VIA THE ESG SITE. IN NO EVENT WILL ESG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF ESG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS. ESG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR SERVICES RECEIVED FROM ESG.

Miscellaneous. This Agreement will be governed and construed in accordance with the laws of the state of Nevada without giving effect to conflict of laws principles. No agency, partnership, franchise, joint venture or employment relationship is intended or created by this Agreement. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.