iPlaySeneca Terms of Use

No Purchase Necessary
Welcome to the iPlaySeneca play-for-fun online casino and poker site (the "Site"). "iPlaySeneca" is a mark under which Seneca Gaming Corporation (“SGC” or “We”), a wholly-owned arm and instrumentality of the Seneca Nation of Indians, a federally-recognized Indian tribe, does business. SGC makes this Site, including all information, documents, communications, files, text, graphics, Software, and audio/visual files (collectively, the "Service") available for use subject to the Terms of Use set forth below.

1. Acceptance of Terms of Use
By using this Site and/or creating an account and becoming a member, the user of this Site ("User" or "You"), accepts and agrees to all terms, conditions and notices contained or referenced on the Site ("Terms of Use"). Please read the following Terms of Use carefully. If you do not agree to the Terms of Use, do not use this Site. By accessing, using, or downloading in any way, without limitation, any Service from the Site, you agree to and are bound by these Terms of Use. BY CLICKING THE "I AGREE" BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS OF USE. If you do not agree to all of the terms of this Agreement then you may not access the Site.

These Terms of Use incorporate the official rules for the Seneca Players Club, which are incorporated herein by reference. You may receive a copy of such Terms of Use by visiting one of our casino promotions booths, or by accessing them online at http://www.senecaniagaracasino.com/casino-players-rules.cfm.

We reserve the right to change the Terms of Use at any time, without prior notice to you. In the event we do so, we will post the changes on this page and the date of the changes at the bottom of this page. Your continued use of the following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the Site. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates. By Creating an Account and accepting these Terms of Use, you agree to opt-in to SGC’s email list and receive emails pertaining to the Site.

2. Eligibility
To be eligible to register and create an authorized account ("Account"), you must be an individual who is at least twenty-one (21) years of age. If applicable, you will be asked for age verification if you win a prize. You acknowledge that you have verified that playing on the Site is legal in your state or jurisdiction. By using this Site and Service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of these Terms of Use. We reserve the right, in our sole and absolute discretion, to refuse service and access to any potential User. Employees, officers, directors, investors, agents, and representatives of SGC and its affiliates and subsidiaries, and each of their respective immediate family members (defined as parents, spouses and children, and any person residing in the same household of persons) and sponsors and affiliates and advertising and promotion agencies of SGC are eligible to use or create an Account on the Site, provided, that, such players cannot participate in any promotions and cannot win money or prizes for their own accounts; and any money or prizes won by these players will be placed in a pool for special designated matches, or will be awarded to the next lower-ranking player(s) in a tournament, at SGC's discretion.

3. Local Laws and Service Limitations
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Site and the Service. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an Account and/or participate in tournaments offered on the Site while located in a prohibited Jurisdiction, you will be in violation of the law of such Jurisdiction and these Terms of Use, and subject to having your Account suspended or terminated. You hereby agree that SGC cannot be held liable if laws applicable to you restrict or prohibit your participation. SGC makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with SGC have authority to make any such representations or warranties.

4. Account Responsibility
A. Account Responsibility
NO PURCHASE IS NECESSARY to create an Account. When you create your Account, you represent that you are at least twenty-one (21) years of age and are not a person barred from receiving Services under the laws of your Jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SGC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SGC has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).

B. Secrecy Obligation.
Once you have selected or been allocated a unique username and password ("Identifiers") for your Account, it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that your Identifiers are no longer secure and confidential, you should immediately notify SGC by sending an e-mail to iPlayFeedback@SenecaCasinos.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of SGC. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified SGC as provided herein) will be treated as valid.

C. No Transfer
Only one Account is allowed per person. Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in a game in your applicable Jurisdiction, and in no event any person under the age of twenty-one years, to use or re-use your Account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities and will forfeit any and all money, prizes and any other proceeds in such person's Account.

5. Other Intellectual Property Rights
A. License
We grant you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with the Site or the Service on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

B. Copyright Information and Personal and Non-Commercial Use Limitation
All Services and the compilation of all content included on this Site are owned or licensed by SGC and protected by United States and international copyright laws. SGC does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the Service subject to these Terms of Use. The Service on this Site is for your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from SGC. Users may not provide copyrighted or other proprietary information to SGC without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

C. Trademarks
SGC owns trademarks for its many goods and services, including, without limitation, iPlaySeneca.com, and the associated graphics, logos and service marks, all of which are trademarks of SGC and may not be used without prior written consent of SGC. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

D. Winners Lists and Rights of Publicity
You agree to the use by SGC of your username, photograph(s), likeness, statements, biographical information and city and state for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if you win a prize. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED ON A WINNERS' LIST.

E. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to SGC in connection with your use of this Site shall be the exclusive property of SGC. You agree that unless otherwise prohibited by law SGC may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

6. Winner Obligations
Winners may, at the option of the SGC, be required to complete and sign an Affidavit of Eligibility and Liability Release (where legal), a Publicity Release, and requisite tax documents applicable to the winner's Jurisdiction. Failure to complete such forms with seven (7) days of receipt of such request will result in forfeiture of the prize. In the event of non-compliance with these Terms of Use, or if the prize notification is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize, at SGC's discretion, may be awarded to an alternate winner.

7. Privacy and Protection of Personal Information
We respect the privacy of visitors to our Site. Please see our Privacy Policy relating to the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which SGC collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms of Use. If you do not agree to each and every part of the Privacy Policy, then you should not use the Site or submit any personally identifiable information through this Site. Questions regarding privacy issues should be directed to iPlayFeedback@SenecaCasinos.com.

8. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Site and Service is at your sole risk. Neither SGC nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by SGC (collectively "Providers"), or the like, warrant that Sites affiliated with Providers, including but not limited to this Site, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Site may contain inaccuracies or typographical errors. SGC makes no warranty as to the results that may be obtained from the use of the Site or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site. Furthermore, SGC shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized SGC spokesperson. Advertisers, content providers, User, other users, guests, independent writers and experts are not authorized SGC spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, other users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

A. Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY SGC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SGC AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SGC AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, SECURITY OF THE SITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, INCLUDING EMAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, SGC DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

B. Limitation of Liability.
SGC DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SGC. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SGC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SGC RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT SGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SGC'S GOODS OR SERVICES, FROM INABILITY TO USE SGC'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SGC'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

C. Sole Remedy.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

9. Third Party Links
This Site may contain links to other Sites and may forward you to other sites within the same Internet browser window. These sites are not under the control of SGC, and the existence of a link on the Site does not imply any endorsement of the linked sites by SGC or any affiliation between SGC and the owners of the linked sites. SGC makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked sites. You agree that SGC has no responsibility to you with respect to such material. SGC encourages you to examine the privacy policies and/or terms of use policies of any third party site.

10. Online Conduct and Abuse
A. Online Conduct and Abuse
You agree to use the Site and the Services provided through this Site only for lawful purposes and to behave in a fair manner. Additionally, online poker play shall be subject to our Online Poker Rules and Policies. Unacceptable uses and behavior that are deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Site or any other computer network; (viii) committing, or attempting to commit fraud; (ix) opening and/or using multiple Accounts; (x) purposely causing an interruption or error in order to influence a game, such as to cause the game to prematurely end; (xi) cooperating with other players in a way that could create an advantage over other users and thus diminish their opportunity for fair play and reduce their chances of winning; (xii) intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. "soft-playing"); (xiii) harassing other players; (xiv) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xv) causing any breach of the security of your Account or the Site; or (xvi) breaching any of these Terms of Use.


B. Rules for Communication and Anti-Spam Policy
It is possible for players to contact each other on the Site. In doing so, you are obligated to only send messages that (i) are free of obvious or hidden advertisement, (ii) are neither intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense, (iii) are not damaging to any third parties, (iv) do not contain any viruses or computer programs that could affect the function of external computers, (v) are not surveys or chain letters, (vi) were not written with the intent to expand a certain political, ideological, or religious denomination, and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes. SGC opposes the practice commonly referred to as "Spam." If you are reported and a claim of "Spam" is validated by SGC against you, you will have your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of SGC. Additionally, any winnings, if any, may be voided at the sole discretion of SGC. SGC defines "Spam" as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient, (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat or "instant messaging" system.

C. Reporting Abuse or Inappropriate Conduct
If you wish to report any abuses, inappropriate online conduct or a violation of SGC's Terms of Use, please forward all evidence of the same to iPlayFeedback@SenecaCasinos.com.

D. Penalties for Abuse, Inappropriate Online Conduct and Violating SGC's
Terms of Use
SGC reserves the right to block, cancel or terminate player Accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms of Use. Upon the receipt of a credible and validated complaint, SGC may elect to immediately suspend or terminate player's Account. (Suspension serves as a final warning and is intended to prevent you from continuing any abusive behavior.) If this occurs, then tournaments which have already begun may be aborted by SGC and the results will not be evaluated; the User in violation must then compensate SGC for any problems arising therefrom. SGC will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on your Account in SGC's sole discretion, and may void any associated winnings. SGC reserves the right to lift any suspension against you at any time, at its sole discretion. SGC reserves the right to institute civil or criminal proceedings against you and/or report you to the relevant regulatory or law enforcement authorities.

11. Circumvention
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Use, the Service or any games offered through this Site or otherwise interrupt or attempt to interrupt the operations of the Site (collectively, a "Circumvention Act"). If SGC determines, in its sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter your chances of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all winnings to which you may otherwise be entitled, and SGC reserves the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.

12. Termination
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site. Your access to the Site may be terminated immediately without notice from SGC if in our sole discretion you fail to comply with any term or provision of these Terms of Use.

13. Security
If you use this Site, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans or any other form of malicious or destructive software that may track any data you enter via this Site. In addition, you are responsible for maintaining the confidentiality of your SGC account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You agree to (a) immediately notify SGC of any unauthorized use of your password or Account or and other breach of security, and (b) ensure that you exit from your Account at the end of each session. SGC cannot and will not be held liable for any loss or damage arising from your failure to comply with this section. SGC reserves the right to monitor all network traffic to this Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Site in any fashion. You expressly consent to such monitoring.

14. Indemnification
You agree to defend, indemnify and hold harmless SGC, its subsidiaries and affiliates, including the Seneca Nation of Indians, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Site or the Service, including any data or work transmitted or received by you or any service provider; (b) any other party's access and use of the Site or the Service with your unique Identifiers, except where you have previously notified SGC that you believe such Identifiers are no longer secure and confidential as provided above; (c) your connection to any SGC site, including iPlaySeneca.com; (d) your violation of these Terms of Use; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.

15. Resolution of Disputes
All decisions regarding outcome of games and tournaments, the awarding of prizes or any other matters relating to your use of the Site are made by SGC. All decisions made by SGC are final.

16. Applicable Law/Jurisdiction
By visiting the Site, even if accessed from a location outside the United States, you agree that the laws of the Seneca Nation of Indians and the United States, as applicable, will govern these Terms of Use, without giving effect to any principles of conflicts of laws. SGC reserves the right to make changes to the Site and these Terms of Use (including terms cross-referenced herein) at any time.

17. Waiver/Severability
The failure of SGC to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of SGC's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use, which shall continue to be in full force and effect.

18. Statute of Limitations
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 the Site, or these Terms of Use must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

19. Entire Agreement.
These Terms of Use constitute the entire agreement between you and SGC with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a duly authorized representative of SGC.

Date Last Modified: March 27, 2012. These Terms of Use may be changed by SGC at any time, without prior notice.