ESOGA
Esports & Online Gaming Association
 

Welcome to esoga.gg, the website of Esports & Online Gaming Association, Inc. (“ESOGA”, “we,” “our” or “us”). This page explains the terms by which you may use ESOGA Products and Services, our online and/or mobile products, website, and software and any other content provided during the contract term. By accessing or using the Products and Services, you signify that you have read, understood, and agree to be bound by these Terms of Use (these “Terms” or this “Agreement”) and to the collection and use of your information as set forth in this Agreement and in the ESOGA Privacy Policy and Children’s Privacy Policy, which are available at https://www.esoga.gg/privacy and https://www.esoga.gg/privacy-children. ESOGA reserves the right to make unilateral changes or additions to these Terms. Any such changes or additions will be reflected by an update of this posting. Please check these Terms periodically for changes. Your continued use of the Products and Services following the posting of changes to these terms (including ESOGA’s Privacy Policy) will mean you accept those changes. This Agreement applies to all visitors, users, and others who access the Products and Services(“Users”). If you do not agree with these Terms, please do not use the Products and Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE SOLE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
 

1. Products & Services
 

1.1 Definition of Products & Services
ESOGA develops and maintains Products & Services, including but not limited to, educational gaming scenarios, software templates, scripts, coaching guides, training, physical products, supporting materials that augment video gaming experiences, documents and spreadsheets that facilitate youth camp management, curriculum, and other materials that promote specific learning objectives. These Products and Services constitute the core of ESOGA’s intellectual property catalog which is made available to users under this agreement and is independent of any bespoke development projects for individual clients.
 

1.2 Use of Products & Services
To help our customers achieve success, ESOGA provides platforms for gamers, youth, parents, coaches, team managers, school and college administrators, tournament operators, clubs, leagues, associations, and other organizations to communicate, build relationships, provide and receive certain information, manage esports events and obtain Products and Services..

1.3 Eligibility
These Terms and your use of the Products & Services forms a contract between you and ESOGA. Your use of the Products and Services confirms that you have read and agreed to these Terms before using the Products and Services or expressly waived the opportunity to do so. If you do not agree to the Terms, you may not use the Products and Services. In addition, you may use the Products and Services only if you can form a binding contract with ESOGA, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Products and Services may not be used by any Users previously removed from the Products and Services by ESOGA.
 

1.4 License of Products & Services
The content and materials contained within the Products & Services are either owned by or licensed to ESOGA. In addition, the entire contents of the Products and Services are copyrighted as a collective work under the United States copyright laws. ESOGA owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to ESOGA. You may not modify, reproduce, publish, transmit, participate in the transfer or sale, create derivative works, use for commercial purposes, or in any way exploit, any of the Products and Services, in whole or in part except as provided in these Terms. Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of ESOGA and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any materials displayed on the Products and Services is a violation of ESOGA’s copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws. Without limiting or waiving any of ESOGA’s available remedies, you agree that you will promptly remove any infringing or otherwise objectionable materials from any platform or Products and Services if ESOGA or its agent requests that you do so, and that you will maintain the ability to remove such content from any platform or Products and Services on which you cause it to be placed or with which you cause it to be affiliated.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Products and Services for your personal, noncommercial use only and as permitted by the features of the Products and Services and in accordance with applicable law. ESOGA reserves all rights not expressly granted herein in the Products and Services and the ESOGA Content (as defined below). ESOGA may terminate your license at any time for any reason or no reason or withdraw from providing the Products and Services entirely or any component of the Products and Services at any time.

1.5 Rules of Use
In registering for any event, program, or certification facilitated and/or organized by ESOGA or in connection with the You shall use the Products and Services for lawful purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Products and Services in any medium, including without limitation by any automated or non-automated “scraping”; 
You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA, NAIA, and any other organizations or governing bodies that may govern high school, club, and intercollegiate athletics that may be applicable to your activities and organization. You are solely responsible for your compliance with these rules. Violation of any such rules and regulations are grounds for suspension and/or termination of the Products and Services. You agree to indemnify and hold harmless ESOGA of any liability that may arise from your violation of these rules and regulations.
 

2. Our Proprietary Rights
Except for your “User Content”, the Products and Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Products and Services marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “ESOGA Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ESOGA and its licensors (including other Users who provide User Content to the Products and Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ESOGA Content. Use of the ESOGA Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Products and Services, including without limitation about how to improve the Products and Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ESOGA under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ESOGA does not waive any rights to use similar or related ideas previously known to ESOGA, or developed by its employees, or obtained from sources other than you.
 

3. ESOGA Property
The ESOGA Products and Services contains data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual achievements (for instance, trophies, points, or powers) (“ESOGA Property”). You understand and agree that regardless of terminology used, ESOGA Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at ESOGA’ sole discretion. ESOGA Property is not redeemable for any sum of money or monetary value from ESOGA at any time. You acknowledge that you do not own the account you use to access the Products and Services, nor do you possess any rights of access or rights to data stored by or on behalf of ESOGA on ESOGA servers, including without limitation any data representing or embodying any or all of your ESOGA Property. You agree that ESOGA has the absolute right to manage, regulate, control, modify and/or eliminate ESOGA Property as it sees fit in its sole discretion, in any general or specific case, and that ESOGA will have no liability to you based on its exercise of such right. All data on ESOGA’s servers are subject to deletion, alteration or transfer. 

NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON ESOGA’s SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN ESOGA’s SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. ESOGA DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ESOGA’S SERVERS.
 

4. Paid Products and Services
 

4.1 Billing Policies
Certain aspects of the Products and Services may be provided for a fee or other charge. If you elect to use paid aspects of the Products and Services, you agree to the pricing and payment terms posted in connection with the applicable Products and Services, as such terms may be updated from time to time. ESOGA may add new Products and Services for additional fees and charges, add or amend fees and charges for existing Products and Services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
 

4.2 Cancellation; No Refunds
You are solely responsible for terminating your ESOGA account or paid subscription. You may cancel your ESOGA account at any time; however, there are no refunds for cancellation. In the event that ESOGA suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any ESOGA Property, any unused time on a subscription, any license or subscription fees for any portion of the Products and Services, any content or data associated with your account, or for anything else.

 

4.3 Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Products and Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Products and Services at the prices in effect when such charges are incurred. You must provide current, complete and accurate information for your billing account and promptly update all information to keep such information current, and you must promptly notify ESOGA if your payment method is canceled (e.g., for loss, theft, or expiration) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

4.4 California Residents
The provider of Products and Services is ESOGA,16200 SW PACIFIC HWY, STE H503, PORTLAND, OR 97224. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Products and Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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5. No Professional Advice
If the Products and Services provide professional information (for example, legal, medical or compliance advice), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Products and Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
 

6. Privacy
We care about the privacy of our Users. You understand that by using the Products and Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and Children’s Privacy Policy, available at https://www.esoga.gg/privacy and https://www.esoga.gg/privacy-children, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
 

7. Security
ESOGA cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
 

8. DMCA Notice
ESOGA is not affiliated with or sponsored by the studios or owners of any games being played unless otherwise expressly stated. If you are a copyright owner or agent thereof and believe that content contained in the ESOGA Products and Services and Sites, or in connection with the Products and Services conducted by ESOGA and/or its users infringes upon your copyright, please submit notice to ESOGA’s copyright agent pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)). For your complaint to be valid under the DMCA, you must provide the following information in writing:
 

8.1 An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
 

8.2 A description or Identification of the copyrighted work that you claim has been infringed;
 

8.3 Identification of the material that is claimed to be infringing and the URL address where it is located on the Products and Services;
 

8.4 Information reasonably sufficient to permit ESOGA to contact you, such as your address, telephone number, and, e-mail address;

 

8.5 A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

 

8.6 A statement by you, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
 

The above information must be submitted to the following copyright agent of ESOGA:
 

ESOGA
Esports & Online Gaming Association, Inc.
Attn: Legal
16200 SW PACIFIC HWY, STE H503
PORTLAND, OR 97224
+1 (833) 463-7642
contact@esoga.gg

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UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying ESOGA and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with ESOGA’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ESOGA a counter-notice. Notices and counter-notices must meet the statutory requirements imposed by 17 U.S.C. §512(c). Notices and counter-notices with respect to the Products and Services should be sent to contact@esoga.gg. ESOGA should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Products and Services. Please note that these notifications and counter-notifications are legal notices. ESOGA may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.
 

In accordance with the DMCA and other applicable law, ESOGA has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. ESOGA may also at its sole discretion limit access to the Products and Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

9. Third-party Links and Information

The Products and Services may contain links to third-party materials that are not owned or controlled by ESOGA. ESOGA does not endorse or assume any responsibility for any such third-party sites, information, or materials. If you access a third-party website or share your User Content on or through any third-party website, you do so at your own risk, and you understand that this Agreement and ESOGA’s Privacy Policy and Children’s Privacy Policy do not apply to your use of such sites. You expressly relieve ESOGA from any and all liability arising from your use of any third-party website or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Products and Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ESOGA shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
 

10. Indemnity
You agree to defend, indemnify and hold harmless ESOGA and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the ESOGA Products and Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Products and Services with your unique username, password or other appropriate security code.

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11. NO WARRANTY
THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESOGA OR THROUGH THE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ESOGA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE PRODUCTS AND SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PRODUCTS AND SERVICES.

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Products and Services. The Products and Services may be unavailable from time to time for any reason, including, without limitation, routine maintenance. In addition, various portions of the Products and Services may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of ESOGA, access to the Products and Services may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, ESOGA shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT ESOGA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE PRODUCTS AND SERVICES.

ESOGA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ESOGA PRODUCTS AND SERVICES OR ANY HYPERLINKED WEBSITE OR PRODUCTS, AND ESOGA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS.

FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
 

12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESOGA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES WILL ESOGA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PRODUCTS AND SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESOGA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS AND SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS AND SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS AND SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PRODUCTS AND SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ESOGA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ESOGA HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ESOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Products and Services are controlled and operated from facilities in the United States. ESOGA makes no representations that the Products and Services are appropriate or available for use in other locations. Those who access or use the Products and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Products and Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Products and Services are solely directed to individuals, companies, or other entities located in the United States.

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13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

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13.1 Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

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13.1.1 We and you agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

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13.1.2 In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Products, and/or the provision of content, Products, and/or technology on or through the Products, we or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. You must send any such notice to us by email to contact@ESOGA.gg AND by U.S. Mail to, ESOGA, 16200 SW PACIFIC HWY, STE H503, TIGARD, OR 97224, Attn: Legal. To the extent that we have your contact information, we will send any such notice to you by U.S. Mail or to your email address. We and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within sixty (60) days from the date that any notice of dispute, claim, or controversy is sent. We and you shall use reasonable, good faith efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After thirty (30) days, we or you may resort to the other alternatives described in this Section 13. Notwithstanding the foregoing, the notice and sixty (60)-day negotiation period required by this Section 13 shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Products and Services.

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13.1.3 Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between us and you arising under these Terms or in connection with your access to, and/or use of the Products and Services, and/or the provision of content, products, and/or technology on or through the Products and Services, if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, nothing in this Section shall be deemed as preventing ESOGA from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

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13.1.4 For residents outside the United States, arbitration shall be initiated in Oregon, and we and you agree to submit to the personal jurisdiction of any state or federal court in Oregon to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

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13.1.5 We and you each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided herein) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com.

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13.1.6 ESOGA shall bear the cost of any arbitration filing fees and arbitration fees up to Five Hundred Dollars ($500.00). You are responsible for all other additional costs that you may incur in the arbitration, including, but not limited to attorneys’ fees and expert witness costs, unless we are otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. ESOGA and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, we and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose, provided that if you are using the Products and Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. We and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court and have a jury trial. We and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

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13.1.7 If your claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Rules.

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13.1.8 You may choose to pursue your claim in small claims court where jurisdiction and venue over us and you otherwise qualify for such small claims court and where your claim does not include a request for any type of equitable relief.

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13.1.9 You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: ESOGA ESOGA, 16200 SW PACIFIC HWY, STE H503, TIGARD, OR 97224 Attn: Legal, AND, the following Email address: contact@esoga.gg. The notice must be sent within the later of thirty (30) days of your first use of the Products and Services or within thirty (30) days of changes to this section being announced on the Products and Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section 18. If you opt-out of these arbitration provisions, we also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Products and Services will be deemed to be your irrevocable acceptance of these Terms and any changes/updates to this Section 18 or otherwise.
 

13.1.10 If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, we and you agree to waive, to the fullest extent allowed by law, any trial by jury.

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13.1.11 The terms of these arbitration provisions will apply to any claims asserted by you against ESOGA and its affiliates to the extent that any such claims arise out of your access to, and/or use of the Products and Services, and/or the provision of content, products, and/or technology on or through the Products and Services.

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13.2 Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

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13.2.1 We and you agree that we and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Products and Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Products and Services.

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13.2.2 If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Portland, OR.

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13.2.3 The terms of this provision will apply to any claims asserted by you against ESOGA to the extent that any such claims arise out of your access to, and/or use of the Products and Services, and/or the provision of content, products, and/or technology on or through the Products and Services.

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14. General

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14.1 Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ESOGA without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

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14.2 Notification Procedures and Changes to the Agreement
ESOGA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by ESOGA in our sole discretion. ESOGA reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. ESOGA is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. ESOGA may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Products and Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Products and Services.

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14.3 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with ESOGA in connection with the Products and Services, shall constitute the entire agreement between you and ESOGA concerning the Products and Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

 

14.4 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ESOGA’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

14.5 Contact

Please contact us at contact@esoga.gg with any questions regarding this Agreement.

 

This Terms of Use for Products and Services was last modified 5/1/2025