IMPORTANT – PLEASE READ THE FOLLOWING TERMS OF USE (“TOU”) BEFORE DOWNLOADING AND/OR USING THE WEBSITE FOUND AT GAMMYBANFIELDNORRIS.COM OR ANY OTHER ONLINE PROPERTIES CONTROLLED OR OPERATED BY US FROM TIME TO TIME (referenced collectively herein as the “Site”). YOUR USE OF THE SITE IS SUBJECT AT ALL TIMES TO AGREEMENT WITH THIS TOU. BY ACCESSING, DOWNLOADING, AND/OR USING THE SITE, YOU AGREE TO BE BOUND BY THIS TOU. IF YOU DO NOT ACCEPT THIS TOU, DO NOT USE THE SITE.

1. LICENSE GRANT.

The Site is made available by Gam Bam, Inc. (“us” or “we”), and this TOU provides to an individual user (identified herein as “you” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and non sublicensable license to use the Site.

2. LICENSE GRANT RESTRICTIONS.

This TOU provides only a license and not an assignment or sale. We transfer no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, we reserve all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by us) the Site or any content or other material on or available through the Site. In addition, you shall not enter any contractual relationship or other legally binding obligation with any third party or person that shall have the purpose or effect of encumbering us or the use of the Site.

3. USER OBLIGATIONS.

You agree to abide by all applicable local, state, national, and international laws and regulations (including traffic laws) with respect to your use of the Site. By using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will always provide true, accurate, current, and complete information when submitting information or materials to or through the Site. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you acknowledge and agree that this TOU provides only a single license to use the Site to an individual person (and that additional individuals from the same entity will need to separately agree to this TOU).

4. ACCOUNT.

Registration for access to and use of certain areas or functionality of the Site may require access credentials, such as an email address, username, or password, or adherence to other particular access requirements as designated by us in our sole discretion from time to time. You hereby agree to consider and maintain your access credentials as confidential information. You shall immediately notify us if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. We have the right to disable any username, password, or other identifier if, in our opinion, you have violated any provision of this TOU.

5. PROPRIETARY RIGHTS.

The Site is owned by Gam Bam, Inc. and/or its licensor(s). © 2023 Gam Bam, Inc. All rights reserved. Gam Bam, Inc. and all other names, logos, and icons identifying it and its solutions, products, and services are proprietary trademarks of Gam Bam, Inc., and any use of such marks without the express written permission of Gam Bam, Inc. is prohibited. Other services, products, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.

6. PRIVACY POLICY; OTHER TERMS AND CONDITIONS.

Please see our Privacy Policy for a summary of our personally identifiable information collection and use practices. Additional notices, terms, and conditions may apply to subscription arrangements, the purchase of products and other materials, or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and these additional notices, terms, and conditions, Gam Bam, Inc. shall resolve any conflict in good faith in its sole discretion, but the latter terms shall control with respect to their respective subject matter.

7. LINKS TO THIRD-PARTY SITES.

The Site may connect to certain third-party websites, advertisements, or online networks (collectively, “Third-Party Sites”). All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom we exercise no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s). We encourage your review of the applicable terms, conditions, or notices governing use of these Third-Party Sites. Your correspondence or any other dealings (including any transactions) with third parties found through any Third-Party Site(s) is solely between you and such third party.

8. DISCLAIMER.

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. GAM BAM, INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. GAM BAM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL GAM BAM, INC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. YOUR REMEDY FOR ANY FAILURE OF THE SITE TO PERFORM OR OPERATE IS CESSATION OF USE OF THE SITE. FOR ANY OTHER DAMAGE OR LIABILITY RELATED TO THE SITE WHATSOEVER, THE TOTAL RESPONSIBILITY AND LIABILITY OF GAM BAM, INC. SHALL NOT EXCEED $10.

10. GOVERNING LAW.

Use of the Site constitutes agreement to enter transactions electronically. This TOU has been made in, and will be construed and enforced in accordance with, the laws of the State of California, as applied to agreements entered and completely performed in the State of California.

11. INJUNCTIVE RELIEF.

You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Gam Bam, Inc.’s proprietary assets, will cause irreparable injury to Gam Bam, Inc. Such injury would not be quantifiable in monetary damages, and Gam Bam, Inc. would not have an adequate remedy at law. You therefore agree that Gam Bam, Inc. shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Gam Bam, Inc. post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to Gam Bam, Inc. to enforce any provision of this TOU.

12. TERM AND TERMINATION.

This TOU will take (and re-take) effect at the time you accept, download, or begin using, whichever is earliest, the Site. This TOU will terminate automatically if: (i) you fail to comply with this TOU; or (ii) you cease all use of the Site. Termination in such event(s) will be effective without notice. In addition, Gam Bam, Inc. may, in its sole discretion, terminate this TOU or suspend the Site’s performance with or without notice to you for any reason. Upon termination of this TOU, all right(s) to use the Site shall immediately cease and you must promptly delete or destroy all copies of Site materials in your possession or control. The provisions titled License Grant Restrictions, Proprietary Rights, Disclaimer, Limitation of Liability, Governing Law, Injunctive Relief, Waiver and Severability, and Entire Agreement will survive the termination of this TOU for any reason.

13. WAIVER AND SEVERABILITY.

Failure of Gam Bam, Inc. to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Gam Bam, Inc. of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of this TOU shall continue in effect.

14. ENTIRE AGREEMENT.

You and Gam Bam, Inc. are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and Gam Bam, Inc. as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and Gam Bam, Inc. with respect to your individual use of the Site. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of Gam Bam, Inc. Please note that Gam Bam, Inc. reserves the right to change this TOU or the terms or conditions by or under which the Site and its offerings are extended to you by posting online or on the Site a revised TOU or by emailing notice thereof to you. In addition, Gam Bam, Inc. may add, modify, or delete any aspect, program, functionality, or feature of the Site. Your continued use of the Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the Site or this TOU. Accordingly, you are expected to review this TOU on a periodic basis if you continue to use the Site.

15. CONTACT INFORMATION.

Please contact Gam Bam, Inc. at [email protected] if you have questions regarding the Site or if you are interested in obtaining more information concerning Gam Bam, Inc. or its products.