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Membership Agreement

SimGame Exchange Membership Agreement 1. General Provisions. This SimGame Exchange Membership Agreement (the “Agreement”) between SimGame Exchange, LLC (“SGE” or “we”) and you (we refer to you in this Agreement as “you,” “your,” “Solver,” “Seeker,” or as “Member”), together with the SimGame Exchange Privacy Policy, and SimGame Exchange Copyright Notice, (collectively, the “SGE Policies”), governs your use of the SimGameExchange.com website and the associated Services we offer through the website (we refer to this website and these Services as the “Service”). If you are representing a company, a partnership, or a collaboration of individuals, then “you” and “your” refers to you individually, as well as to all others gaining access to the Service through you and also refers to your company, partnership, or collaboration as a whole. Your use of the SimGame Exchange Service forms a legally binding contract and agreement with SGE based upon the terms stated in this Agreement. The Service is not available for use by minors (those under 18 years of age), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Service. If you reside in a country that is prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States or its citizens, you may not use this Service. By using the Service, you agree that: (1) you have read the SimGame Exchange Membership Agreement and understand all of its contents, and (2) you will be subject to all the terms and conditions in the SimGame Exchange Membership Agreement. Unless explicitly stated otherwise, any new services or features that augment or enhance the Service, or are otherwise provided on the Service, shall be automatically incorporated into this Agreement. 2. Description of the Service. SimGame Exchange provides Services whereby Members with various training, learning, advertising, investment, employment, technologies for sale or license, and other forms of problems, projects, and/or issues (hereinafter referred to as “Postings”) may or may not (depending upon their membership level) post, promote, or advertise such Postings on one or more of the publicly and privately viewable areas called “Exchanges,” and, if desired, offer a payment for acceptable responses (hereinafter referred to as “Solutions” which the Member deems acceptable. Other Members (depending upon their membership level) may or may not view and respond to Postings. 3. Consideration and Access. Consideration for this Agreement shall be the mutual representations and promises we exchange in this Agreement, any membership fees you may pay to SGE, and the provision of the Service. As discussed elsewhere in this Agreement, SGE in its sole and exclusive discretion, shall have the right at any time and for any reason, or for no reason, to refuse access to this Service to any individual or entity. 4. Ownership and Limited License. SGE shall retain all ownership in the Service and all content generated by it that is displayed on the Service. SGE grants you a nonexclusive, revocable right to use the Service provided that you do not: (1) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or (2) modify or attempt to modify the Service in any manner or form except that you have the right to modify your self-generated content on the Service. You agree that SGE shall not be liable to you for any modification or discontinuance of the Service, and SGE may discontinue the Service without any notice to you and regardless of any Membership or other fees that you have paid to SGE. 5. Community Area and Internal Email Guidelines. If the Service publishes your content or contains public services, chat areas, news groups, internal email, forums, communities and/or other message or communication facilities (collectively, “Community Areas”), you agree to use such Community Areas only to send and receive content, messages, and other material that are relevant and proper to the applicable forum. By way of example, and not as limitation, you agree not to: <ul><li class=”sg_T10-5″>Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. </li><li class=”sg_T10-5″>Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material, or information. </li><li class=”sg_T10-5″>Use the Service in violation of local, state, national or international law. </li><li class=”sg_T10-5″>Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. </li><li class=”sg_T10-5″>Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. </li><li class=”sg_T10-5″>Advertise or offer to sell any goods or services for any commercial purposes on the Service that are not relevant to the services offered on the Service. </li><li class=”sg_T10-5″>Conduct or forward surveys, contests, pyramid schemes, or chain letters. </li><li class=”sg_T10-5″>Impersonate another person or allow any other person or entity to use a Member’s identification to post or view comments. </li><li class=”sg_T10-5″>Use profanity or language intended to offend others. </li><li class=”sg_T10-5″>Post the same note repeatedly (referred to as “spamming”). Spamming is strictly prohibited. </li></ul>6. Membership Application. By submitting your online Membership Application Form you agree to the terms and conditions of this Agreement. SGE, at its sole discretion, reserves the right to reject any Membership Application Form. When SGE accepts your online Membership Application Form, SGE will grant you a non-exclusive license to access and use the Service subject to this Agreement. You may not assign or transfer this Agreement or any part of it, to any other person or company. This Agreement may be amended by SGE by posting a new version on this website. Once you have been accepted as a Member and accepted this Agreement, if SGE has posted a new version of this SGE Member Agreement after your registration date, any time you attempt to post another item on one of the exchanges or respond to a posted item on one of the exchanges, you will be asked to agree to the new version of the SGE Member Agreement. This is for your protection and to ensure that you are aware of any new terms and conditions. Your use of the Service after any amendment and your renewed acceptance each time you use the Service will be conclusively deemed acceptance of any such change, additional terms, or new Agreement.7. Membership and Use Restrictions. You agree that when you submit your online Membership Application to SGE and are granted Membership in SGE, the ownership of that Membership resides with you and you alone. You agree not to share your registration, login, and/or password information with others, and you understand that violation of this policy can result in immediate cancellation of your Membership. You understand and agree that under such circumstances, there will be no refund of any fees or monies paid by you to SGE for any Membership or other Services.8. Surveys. At the core of the SGE open innovation business model is the process of collecting, organizing, storing, and making available to its membership considerable amounts of business data related to its Members. This information is collected via a series of surveys. You agree that as a Member you will complete any and all applicable surveys related to your membership in a timely manner. You also agree that the information you provide in these surveys will be true, accurate, current, and complete to the best of your knowledge and in compliance with the Representations and Warrantees below. You also agree that any and all of the information you supply to us via the surveys or the registration process is done voluntarily on your part and that you did not provide any information that was confidential or harmful to you or your business or business associates in any way. You also understand and agree that all information you provide to SGE via the surveys and other input forms becomes the property of SGE, and SGE may utilize and dispose of this property in any way it sees fit and at its sole discretion as long as SGE abides by the SGE Privacy Policy and other provisions of this Agreement. You understand and agree that SGE has the right, at its sole and exclusive discretion and for any reason, to change, alter or remove any posting or entry to any exchange or to the database made by any Member or anyone else. Additionally, you understand and agree that from time to time, it may be necessary for SGE to alter, change, or delete one or more of the SGE surveys in order to provide better customer Services as SGE interprets the situation. As part of that process, SGE may find it necessary to alter or adjust your personal or company input date to correspond to new database or survey requirements. If SGE determines that it is necessary or desirable to make such changes, SGE agrees to make those changes in such a way as to retain and protect your original intentions with respect to the information you provided in your survey. You agree that SGE can make such changes, and if you dispute the final product of such changes, you agree that your only remedy is to contact SGE and request further adjustments. 9. Postings and Results. SimGame Exchange desires to make your use of this Service enjoyable, and will endeavor to monitor Member Postings and attempt to keep Postings current and relevant to the particular Exchange to which they are posted. However, in no way can we guarantee that the Postings or content on this Service will in any way be current and/or relevant, and you understand that the ultimate responsibility for any Posting lies with the Member who created that Posting. You may post items consisting of problems or solutions, employment opportunities or requests, technological software or hardware for sale or license, investment opportunities, or other proposed business transactions to various SGE exchanges. Your postings and all work, ideas, inventions, experiments, discoveries, processes and improvements, computer programs, specifications, operating instructions, notes, and all other documentation (whether or not patentable), which are created, conceived, or first reduced to practice by you, alone or with others, in connection with your Posting, shall be considered your sole property and responsibility. You understand, agree and accept that SGE has no control over, and is not responsible for, the acts or omissions of you or any third-party, or the quality or legality of the Postings posted or sought thereby. SGE does not warrant or guarantee the accuracy or completeness of any Posting, nor endorse any Member. From time to time, you or any other Member may use the Service to post advertisements or other communications expressing the desire to identify and/or locate business partners, employers, employees, contractors, investors, buyers, sellers, or others who may be interested in a business relationship with you or any other Member. You understand and agree that any business relationship that may result from such activities is your business only, and SGE is not responsible for any aspect of such business whether or not SGE played any role whatsoever in offering advice or facilitating such business. 10. Transactions are Your Responsibility. If, as a result of your use of the Service and any postings you may make, another Member responds to your Posting or communication with a reply or offer of business, you understand and agree that any negotiations, agreements, and/or transactions you may discuss or enter into are your business only, and SGE is not responsible for any aspect of such business whether or not SGE played any role whatsoever in offering advice or facilitating such business. If any financial transactions are to occur as a result of the above described activities, you agree and understand that all such financial transactions are to be exclusively between you and the party you have decided to do business with and that SGE is not part of, and is not responsible for, any aspect of such business whether or not SGE played any role whatsoever in offering advice or facilitating such business. 11. Raising Money and the Investor Program. SGE Members may choose to use the various SGE Exchanges to attempt to raise money for new and/or existing business ventures or to identify new and/or existing business ventures in which to invest. Efforts are made by SGE to facilitate these types of activities. This includes the Venture Exchange and the Investor Program. You understand and agree that any activities you engage in related to raising monies or investing in ventures is your business and decision only and that SGE is in no way responsible for any actions you engage in related to these matters. SGE engages in the process of recruiting, as Members, various people and organizations interested in potentially investing money in interactive gaming, simulations, training, and other related business areas. As part of this process, Members will fill out the Investor Survey which collects information related to investment style, experience, abilities, interests, and other matters. This information is entered into the SGE database which can be accessed by other Members. Members who fill out the Investor Survey have the option in Account Preferences of allowing other Members to contact them directly via the SGE internal email system, which protects Member identity until Members choose to reveal their identities. Investor Members also have the option in Account Preferences of requesting that SGE screen communications from other Members. Investor Members understand and agree that SGE performs this screening as a Service and that SGE, by so doing, does not in any way or under any circumstances perform any Service that can be construed as due diligence. You understand and agree as a potential investor that in the course of this process, SGE may not forward communications to you that you may very well wish to receive, and that as a result, you may miss an investment or business opportunity in which you may have taken an interest. You agree to hold SGE harmless in this regard. You further understand and agree that you have voluntarily elected for SGE to perform this communication screening Service for you, and you accept whatever SGE decisions are made. You understand and agree that at any time, you may voluntarily elect, by changing your Account Preferences, to accept all communications directly from other Members and drop the SGE screening Service. You understand and agree that as a Member and potential investor you may, at any time, view all posted ventures on the Venture Exchange or any other Exchange and contact anyone associated with those Postings that you wish. Additionally, you may post a request for a particular kind of venture, investment, solution, or resource on any of the Exchanges. As a Member attempting to contact a potential investor, you understand and accept that communications to potential investors who have elected to have their communications screened by SGE may not have their communications delivered to a potential investor. In such event, SGE will notify you as to the reason your communication was not delivered. You agree that all judgments made by SGE in this regard are in accordance with the investor Member’s specified preference and therefore final, and if you are dissatisfied with such SGE judgments, your sole recourse is to terminate your Membership and cease usage of the Service. 12. Internal Communications. As part of the Service, SGE makes available to you various means of communication with other Members. This may include an internal email system and Community Forum. You understand and agree that your relationship with SGE is motivated by your desire to increase your business, and you understand and agree that professional business communication standards are in the best interest of all Members. You understand and agree that Members may make Postings in an anonymous manner and may not want to be contacted outside the SGE internal communication system. Therefore, you agree to only utilize the SGE internal communication system to communicate with Members until other mutually agreeable communication arrangements are made. You also understand the importance of and you agree not to violate the Community Area and Internal Email Guidelines described in this Agreement. You also agree to accept and to “opt-in” to all email communications from SGE to you unless you notify SGE that you no longer wish to be on SGE’s email distribution list. 13. Representations and Warranties. You represent and warrant that: <ul><li class=”sg_T10-5″>All information provided by you regarding yourself and, if applicable, your business is true, accurate, current, and complete information, and you will maintain and update your Member information and any relevant Surveys to keep them true, accurate, current and complete. </li><li class=”sg_T10-5″>If you are an individual representing a business or other entity, you are authorized to enter into this Agreement on behalf of that business or entity. </li><li class=”sg_T10-5″>With respect to any software, hardware, or technology products that you may post for sale or license, unless you state otherwise, you are the owner of all such product(s), and: (1) you are not obligated under any contract, employment agreement, employment relationship, or any other relationship or commitment to assign any of your rights in the product(s) to an employer, university or academic institution, governmental entity or body, or other third party; (2) the product does not infringe upon or violate any patent, copyright, trade secret, trademark, or other third-party intellectual property right, and you are not aware of any threatened claim or challenge to your right(s) in the product; and (3) the title to the product, including the right to all intellectual property embodied therein, is and shall be delivered free from any security interest, lien, or encumbrance of any kind. </li></ul>14. Termination and Refunds of Membership Fees. SGE may terminate the Service and/or your Membership or deny you or any other Member access to all or part of the Service without prior notice in its sole discretion. SGE shall have no responsibility to notify any third parties of the termination of the Service or SGE’s denial of your access to the Service, and neither shall SGE have any responsibility for any consequences resulting from such lack of notification or access. If SGE terminates your access to the Service and/or Membership for no cause during your pre-paid Membership period, SGE will pro-rate the amount of money associated with the remaining time balance of your Membership and refund that portion to you within 60 days of terminating your Service and/or Membership. If SGE terminates your access to the Service and/or Membership as a result of your violating the terms of this Agreement, then you understand and agree that SGE is under no obligation to refund any portion of any Membership fee. Under such circumstances, you agree that SGE shall determine, in its sole discretion, whether it will refund any portion of any Membership monies previously paid by you to SGE. You may terminate your Membership and this Agreement at any time for any reason by notifying SGE by e-mail that you are terminating your Membership and this Agreement. Termination shall be effective the day notice is received or such later date specified in the notice. If you terminate your Membership, you agree that you shall not be entitled to any payment or Membership refund from SGE after the effective date of termination. Termination of this Agreement automatically terminates your license to use the Service. 15. Restriction of Competition. You agree that the SGE open innovation business model is unique and valuable and that your use of the SGE Service provides you access to unique and valuable business information. You agree that you will not engage in any activities that will utilize the business information gained here to compete with SGE for a period of two years after your last use of, or visit to, the SGE Service and its website without the express written consent of SGE. Competing activities would include the building of any websites and/or services that included the “exchange” concept as it relates to the interactive gaming, simulation, and/or training industries. While you agree not to compete with SGE in the ways described above, PLEASE NOTE that SGE is always looking for new ways to expand its presence and capabilities in new markets and welcomes any opportunity to explore the possibility of joint venturing with like-minded entrepreneurs. From your perspective, joint venturing with SGE and gaining access to the technologies and resources we have already developed may greatly increase the likelihood of success of any venture you are contemplating and will eliminate the possibility of aggressive legal action on our part. 16. SGE Role as Business Facilitator. You agree that one of the primary reasons you joined SGE is that SGE takes an active role in attempting to facilitate business and commerce between Members and others, including SGE, and you hope to benefit from such activities. You understand and agree that in the course of these activities, SGE may communicate with Members and others and may offer suggestions, advice, consultations, and introductions, or take any other action it deems necessary or useful in an attempt to facilitate business and commerce between Members and others, including SGE. SGE may or may not, depending upon the situation, profit financially beyond any fees paid by Members or others with regard to said SGE activities. You understand and agree that said SGE activities are a benefit to Members whether or not SGE profits by such activities. If SGE decides to play a role in a transaction or activity which is posted on any of the Exchanges which would result in compensation to SGE in addition to membership or Services fees, SGE will make note of its participation in said transaction or activity. You also acknowledge and agree that it is the right of SGE to enter into any type of business relationship with any other Member or other individual or entity regardless of its effect upon you. You understand and agree that there is absolutely NO GUARANTEE that you will benefit from any SGE attempt to facilitate business or commerce for you or for any Member or others, and you agree that SGE may, in its sole discretion, choose NOT to take any actions on your behalf or any other actions that might in any way benefit you directly. You further understand and agree that situations may arise wherein SGE involvement in said activities may in effect create an “unfair playing field” between some Members, and you hereby agree that the risk of that situation is acceptable to you, and that if you are dissatisfied with such a situation, should it occur, your only recourse and sole remedy is to cancel your membership and terminate this Agreement. 17. SGE Management Team. SGE has, from time to time, made or will make, arrangements with individuals and/or companies (hereinafter referred to as ”Advisors”) whose technical skills and/or relationships are of value to SGE. These Advisors shall serve on the SGE management team and provide advisory, consulting, or other services to SGE. SGE may or may not compensate such Advisors for their services, and any such relationship between SGE and its Advisors shall be governed by separate agreement. You understand and agree that SGE Advisors may or may not be employees of SGE, and you agree to indemnify and hold harmless any SGE Advisor from any actions of SGE. Member also understands and agrees that SGE may, from time to time, and at its sole discretion, facilitate business between Advisors and Members or others with whom SGE has dealings, and that this activity may, in effect, create an “unfair playing field” with respect to a Member’s business interests. You further agree that the risk of this situation is acceptable to you, and that if you are dissatisfied with such a situation, should it occur, your only recourse and sole remedy is to cancel your membership and terminate this Agreement. 18. Outside Professional Advice. Member acknowledges that SGE has advised Member to seek outside, third party legal and other professional advice before Member enters into any business relationship with any other Member or other party as a result of any activities associated with the SGE. 19. Limitation of Liability and Warranty Disclaimers. SGE does not guarantee or warrant that your use of the Service will be uninterrupted or error free, or that the Service will meet your requirements, or that all or any business transactions will be secured by you. You understand that the SGE is a new business venture and, as a new business venture, it cannot guarantee any level of business or activity or internet traffic. In addition, no warranty is made as to the results that may be obtained from use of the Service, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the Service. YOU EXPRESSLY AGREE AND UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, SGE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR THE SERVICE; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. IF YOU MAKE THE DECISION TO BUY, INVEST IN, SPEND MONEY, HIRE ANYONE, ENTER IN ANY RELATIONSHIPS, OR LICENSE OR BUY ANY TECHNOLOGIES OR ANY OTHER BUSINESS OFFERINGS OR INVESTMENTS POSTED ON SGE, YOU UNDERSTAND AND AGREE THAT ANY SUCH DECISIONS ARE YOUR DECISION ALONE, WHETHER OR NOT SGE PLAYED ANY ROLE WHATSOEVER IN OFFERING ADVICE OR FACILITATING SUCH BUSINESS. YOU AGREE TO ACCEPT ALL RISK ASSOCIATED WITH SUCH TRANSACTIONS AND TO HOLD SGE HARMLESS IN SUCH SITUATIONS, AND YOU UNDERSTAND AND ACCEPT THAT IT IS IMPOSSIBLE FOR SGE OR ANYONE ELSE TO SUCCESSFULLY PREDICT THE OUTCOME OF NEW BUSINESS TRANSACTIONS AND THAT SGE DOES NOT WARRANT OR GUARANTEE THE OUTCOMES OF ANY BUSINESS TRANSACTIONS THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SGE WEBSITE OR SERVICE. NEITHER SGE NOR ANY MEMBER NOR ANY DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, ADVISORS, OR LICENSORS (COLLECTIVELY, “SGE ASSOCIATES”) SHALL BE LIABLE TO ANY MEMBERS OR ANY THIRD PARTY POSTERS FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACCESS TO OR USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SGE’S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ANY MONIES PAID BY YOU PURSUANT TO THIS AGREEMENT. TERMINATION OF THIS AGREEMENT WITH SGE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH SGE. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one year after such claim or cause of action accrues, or be forever barred. 20. Indemnification. You will indemnify SGE, its agents, employees, and associates and all Members and hold them harmless from any and all claims, costs, damages, expenses and liabilities (including reasonable attorneys’ fees and costs of litigation or defense incurred by SGE or a Member) arising out of or relation to: (1) any violation or breach of any term of this Agreement by you or by anyone using your username and password; or (2) any claim for payment of any part of an Award, or any other compensation or salary asserted by any of your employers, employees, agents, partners, associates or subcontractors. 21. Dispute Resolution. Any dispute or disagreement arising between a Member and SGE in connection with this Agreement, at the request of either party, may be settled under the Commercial Arbitration Rules of the American Arbitration Association in effect on the date that such request is made by three arbitrators appointed in accordance with such rules, one of whom shall be experienced in the software and internet industries. You agree that any arbitration proceedings shall be conducted in Boulder, Colorado. The arbitration resolution shall be final and binding upon the parties, and judgment may be entered thereon, upon the application of either party, by any court having jurisdiction. Each party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including the fees and expenses of the arbitrators, shall be shared equally by the parties unless the resolution provides otherwise. 22. Additional Provisions. Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and SGE. This Agreement and the relationship between you and SGE shall be governed by the substantive laws of the United States of America and the State of Colorado, without regard to any conflict of law provisions of any jurisdiction. The failure of SGE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but instead shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intent of the parties at the time of contracting. SGE shall have the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. SGE may at any time modify the Terms and Conditions, the Copyright Notice or the Privacy Policy. Any such modification shall be effective ten days after it is initially posted on the Service. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by, or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity. The governing and official language of this Agreement, the Privacy Policy and Copyright Notice is English. All translations of this Agreement, the Privacy Policy, or the Copyright Notice are provided as an accommodation only. This Agreement, as it may be amended from time to time, in conjunction with the Privacy Policy, and Copyright Notice is the total Agreement with respect to the subject matter hereof and supersedes all other Agreements and understandings between the parties with respect to same. 23. Contact Information. You may contact SimGame Exchange by electronic mail at: <a href=”https://web.archive.org/web/20080415202711/mailto:customersupport@simgameexchange.com”>customersupport@simgameexchange.com</a> or by conventional mail at: SimGame Exchange Attn: Customer Support 1630 30th Street, # 350 Boulder, CO 80301 24. E-sign Consent. On June 30, 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act (E-Sign Act) to ensure the legality of electronic contracts. Before receiving any Service electronically or otherwise through SGE, you agree that, except for any additional documents necessary to affect any enhanced business relationships between you and SGE, all of the disclosures, records, and other information being provided to you as a part of this Service may, at the sole discretion of SGE, be in electronic form. Information provided in electronic form will not be distributed in paper unless you contact SGE customer support and request a paper version of a particular document. You may be subject to a fee, payable in advance, for such request unless prohibited by applicable law. This fee will be determined at the sole and exclusive discretion of SGE. BY SELECTING THE “I ACCEPT THIS AGREEMENT AND WISH TO CONTINUE WITH REGISTRATION” BUTTON AT THE BOTTOM OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND INTEND TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN, AS WELL AS THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THE SGE PRIVACY POLICY, AND SGE COPYRIGHT NOTICE POSTED IN VARIOUS LOCATIONS ON THE SGE WEBSITE, JUST AS IF YOU HAD SIGNED A PAPER COPY OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT OR THE SGE POLICIES, PLEASE SELECT “I DECLINE THIS AGREEMENT,” AND YOU WILL BE RETURNED TO THE PUBLIC AREA OF THIS SERVICE.

I accept this agreement and wish to continue with registration.
I decline this agreement.