Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER ONLINE OR VIA ANOTHER ACCEPTED METHOD FOR PLACING ORDERS, OR OTHERWISE USING OR RELYING ON THIS WEBSITE. This Website’s Terms & Conditions contains a choice of law provision. If you are accessing this Website outside of the United States, the laws and regulations of your country of access do not govern this agreement or your access to the Website. This website (the “Website”) Cephalofair Games, with its affiliates and its subsidiaries (collectively Cephalofair Games, Us, Our, or We). These Terms of Use and Conditions of Purchase and any amendments or supplements to it, together with this Site's posted Privacy Policy and any other policy posted on https://cephalofair.com/ form a legally binding agreement (the “Agreement”) between you and Cephalofair Games. This Agreement governs your access to and use of this and any other Cephalofair Games Website, any order you place through any Cephalofair Games website or another method of purchase, and, as applicable, your use or attempted use of the products and services offered on or available through one of the sites or by telephone. Your purchase of an Cephalofair Games product or service and/or use of this Website shall be deemed to constitute your consent to be bound by the terms of this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE OR USE THIS WEBSITE. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 18 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 18 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION Who is Eligible to Use the Website or Purchase an Cephalofair Games Product or Service? This Website is directed to teenagers and adults and are not directed to children under the age of 13. You must be 13 years of age or older to use the Services outside of the European Union and European Economic Area, and 16 years of age or older in the European Union and European Economic Area. Cephalofair Games complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for any Services, you represent and warrant that you are 13 years of age or older or, if you reside in the European Union or European Economic Area, 16 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Services (“Member”). Creating a Member account if you are under the age of 13 outside of the European Union and European Economic Area or 16 in the European Union and European Economic Area, under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Services, and such accounts will be deleted by Cephalofair Games. Sharing Your Content Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). By posting or submitting Your Content you grant Cephalofair Games a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Cephalofair Games is free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such information. You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify Cephalofair Games for all claims relating to Your Content. We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. Cephalofair Games has the right, but not the obligation, to monitor and edit or remove any activity or content for any reason and without notice. Cephalofair Games takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party. Your Use of the Website You must only use the Website for lawful purposes and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not (without our prior written consent): copy, reproduce, rent, lease, loan or sell content retrieved from the Website; modify, distribute or re-post any content on the Website for any purpose; or Use the content of the Website for any commercial purpose whatsoever. When using the Website, you further agree: not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website; not to disrupt or interfere with any other user’s enjoyment of the Website and affiliated or linked websites; not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files; not to use, frame or utilize framing techniques to enclose any Cephalofair Games trademark, logo or other proprietary information (including the images found on the Website or on any Cephalofair Games social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without the Cephalofair Games’s written consent; Not to reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website. not to use meta tags or any other “hidden text” utilizing a Cephalofair Games company name, trademark or product name without Cephalofair Games’s written consent; not to deep-link to the Website without the company’s written consent; not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website; not to collect or store personal data about others; not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; Not to post any material that is knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise in violation of any law, these Terms &Conditions, the Web site's Privacy Policy or other posted policies. You also agree not to post any copyrighted material unless the copyright is Your Content; to be bound by the company’s submission policies, including that: (i) any product, service, or idea you submit to any Cephalofair Games company via this site or other site wherein your submission will not be held in confidence by Cephalofair Games and is not proprietary, (ii) Cephalofair Games may use the submission, and any aspect thereof for any purposes in Cephalofair Games’s sole discretion; and (iv) that Cephalofair Games owes no duties or obligations with respect to you or the submission you made; and To comply with all applicable laws regarding your use of the Website. Our Intellectual Property Rights and the Intellectual Property Rights of Others You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Cephalofair Games company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved. No Warranty; Disclaimer THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Cephalofair Games EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cephalofair Games DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Cephalofair Games MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE PRODUCTS FOR SERVICES OFFERED ON THE WEBSITE OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY Cephalofair Games WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Cephalofair Games OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Links to third party websites The Website may provide links to other websites or resources, including advertisers, over which Cephalofair Games has no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by Cephalofair Games of that third party site’s content, product or services. Your access, view and use of these links, is at your own risk. Cephalofair Games makes no representations or warranties with respect to the content, ownership or legality of any third party linked websites. You agree that Cephalofair Games has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through third party websites or resources. When you leave the Website via a link to another website, you are subject to that site’s privacy policy, terms of use and other policies (“Third Party website policies”) applicable to that site and you should review the Third Party website policies. Product or Services available on or through the Website Cephalofair Games reserves the right, without notice, to discontinue products or services or modify specifications and prices on products or services without incurring any obligation to you. Cephalofair Games takes reasonable steps in an effort to ensure that the prices set forth on the Website, or provided by telephone are correct, and to accurately describe and display the items available on the Website. However, when ordering products or services, please note that Cephalofair Games does not warrant that product or service descriptions are accurate, complete, current, or error-free or that packaging will match the actual product or service that you receive. If any item or service described on the Website or via telephone is not as described when you receive it or the packaging on the Website does not match what your you receive, your sole remedy is to return it to us in an unused/unopened and undamaged condition in accordance with the Return Policy available on the Website or by calling a customer care professional at the telephone number posted on the Website. Cephalofair Games’s descriptions of, or references to, products or services not owned by Cephalofair Games are not intended to imply endorsement of that product, or constitute a warranty by Cephalofair Games unless expressly stated on the Website. Notwithstanding the foregoing, in the case of a material change in the terms of an automatic renewal program that you have accepted, Cephalofair Games will provide you with a notice of the material change and information regarding how to cancel the program. 8. Pricing Errors and Product or Service Unavailability Prices, availability and other purchase terms are subject to change at any time and generally without notice. We make every effort to provide accurate pricing information and to ensure product or service availability, however, Cephalofair Games reserves the right to revoke any offer to correct errors, inaccuracies or omissions, including after receiving an order has been submitted, confirmed or after your credit card has been charged. If your order is canceled because of an error, your credit card will be refunded the full amount of your order. Please allow for one full billing cycle to complete the refund process. Order Placement and Acceptance If you order a product or service, payment must be received by Cephalofair Games before your order is accepted. Cephalofair Games may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your order, whether by phone, online or by another order method, is conditioned on you accepting this Agreement. Once we receive your authorized order and a form of payment has been received, we will promptly process your order for shipment or delivery. All items and services are subject to availability. We will notify you if any item or service order is not available, the expected availability date and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your credit card will be refunded. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Cephalofair Games will report you to federal, state and/or local enforcement authorities. Shipping Cephalofair Games will add applicable shipping and handling fees to your order. Unless otherwise stated, Cephalofair Games will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed order. Although Cephalofair Games may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed Cephalofair Games will contact you at the e-mail, phone or street address you provided when placing your order. If Cephalofair Games is unable to contact you or you contact Cephalofair Games to cancel your order, Cephalofair Games will cancel the order and refund the amount charged. Cephalofair Games shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by Cephalofair Games. The risk of loss and title for such items will pass to you upon our delivery to any third party carrier. Cephalofair Games reserves the right to reject orders where the stated delivery address is outside the United States. Payment Information When ordering products or services through the Website or otherwise, you agree to provide only truthful, accurate, current and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. Cephalofair Games reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent or incomplete payment information to Cephalofair Games or for any other reason that we, in our sole discretion, believe appropriate. You agree that your placement of an order on or through this Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required. Refund Policy Electronic Documents and Signatures All information communicated on the Website is considered an electronic communication. When you communicate with any Cephalofair Games company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes (and any revisions or amendments thereto). YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records or to payments or the granting of credits by other than electronic means. Communicating with Cephalofair Games Companies You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from Cephalofair Games are monitored and recorded and YOU CONSENT TO SUCH MONITORING AND RECORDING. You verify that any contact information provided to Cephalofair Games is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to Cephalofair Games. You further agree that Cephalofair Games and/or its agents may contact you at any telephone numbers, email addresses, etc. that you provide to Cephalofair Games and/or its agents, including via text and/or an automatic telephone dialing system or artificial or prerecorded voice, for any purpose, including service or marketing, even if your telephone number is on a corporate, state or National Do Not Call Registry. You understand that you are not required to provide such consent as a condition of receiving any good or service and that such communications may be made by or on behalf of Cephalofair Games. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that Cephalofair Games will not be responsible for these charges. Cephalofair Games may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses, phone numbers or other communication accounts provided by you directly or obtained through other lawful means, such as skip tracing. Your consent to this communications provision is not required to make any purchase with Cephalofair Games. Limited Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Cephalofair Games, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. 16. Indemnification You agree to indemnify and hold harmless Cephalofair Games and all directors, officers, employees, representatives, agents, contractors, co-branders, suppliers and affiliates from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Cephalofair Games that is not owned by you, in contravention of this Agreement; or (iv) your breach of this Agreement. Termination, Suspension, Revision of Website You agree that Cephalofair Games may, in its sole discretion and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that Cephalofair Games shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification and disclaimer regarding information provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on Cephalofair Games’s liability, and pre-dispute, mandatory binding arbitration and class action waiver shall survive any such termination, suspension or revision. Pre-Dispute, Mandatory Binding Arbitration and Class Action Waiver PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOU’RE RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. General Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Cephalofair Games (or its affiliates, including as defined above, or agents or representatives) or any involved third party relating to your account, your use of the Website, your relationship with Cephalofair Games or these Terms & Conditions. This includes any and all Claims that arise from or relate in any way to your use of the products or services, your attempted use of the products or services, the use of the Website and any act or omission by Cephalofair Games or any third party related to your use or attempted use of the products or services. You, Cephalofair Games or any involved third party may pursue a Claim. Cephalofair Games agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Cephalofair Games. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This includes Claims based on contract, tort, equity, statute, or otherwise, as well as Claims regarding the scope and enforceability of this provision. It includes all Claims by or against you, Cephalofair Games and/or any affiliated person, company and/or agent. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. Exceptions As an exception to binding arbitration, you and Cephalofair Games both retain the right to pursue, in a small claims court, any Claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Cephalofair Games will not demand arbitration in connection with any individual Claim that you properly file and pursue in a small claims court, so long as the Claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution. Required Pre-Dispute Procedures You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Cephalofair Games, you will first give us an opportunity to resolve your problem or dispute. You are required to send a written description of the issue to us, including, but not limited to, information or representations related to the product or service upon which you rely. You may send the written description by U.S. Mail to Cephalofair Games, 1950 Perdue Street Lafayette, IN 47905, Attn: Legal Department. You agree to negotiate with Cephalofair Games or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after Cephalofair Games’s receipt of your written dispute, you agree to the dispute resolution provisions below. Commencing Arbitration You and Cephalofair Games agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one (1) year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be barred. Arbitration Location For your convenience, the arbitration may be conducted in the federal district where you reside. If both you and Cephalofair Games agree, the arbitration may be held by telephone or through written submissions. Organization, Rules and the Arbitrator You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures (see www.jamsadr.com) and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal or visiting its website. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability or enforceability of these Terms & Conditions and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this Agreement can enforce this provision against you or Cephalofair Games. Fees The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own fees, costs, and expenses, including but not limited to, those for any attorneys, experts, documents and witnesses. Award The arbitrator shall follow Indiana substantive law and any ordered relief shall be binding. The arbitrator may award any form of individual relief including injunctions and punitive damages. The arbitrator may award costs or fees to a prevailing party. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final subject to appeal under the FAA. Enforceability This provision survives termination of your account or relationship with Cephalofair Games, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e. unenforceability would allow arbitration to proceed as a class or representative action) then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. Miscellaneous Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the one (1) year limitation period set forth above. This provision is the entire arbitration agreement between you and Cephalofair Games and shall not be modified except in writing by Cephalofair Games. Amendments Cephalofair Games reserves the right to amend this arbitration provision at any time. Your continued use of any Cephalofair Games Website, purchase of a product or service on or through an Cephalofair Games website, or use or attempted use of an Cephalofair Games product or service, is an affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Cephalofair Games will provide you notice and an opportunity to opt-out. Your continued use of any Cephalofair Games site, purchase of a product or service through any site or use or attempted use of an Cephalofair Games product or service is an affirmation of your consent to such material changes. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE, USE OR ATTEMPTED USE OF A PRODUCT OR SERVICE PURCHASED BY PHONE OR ON OR THROUGH THIS Cephalofair Games WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO CEPHALOFAIR GAMES, LLC, 1915 PERDUE STREET, LAFAYETTE, IN 47905 ATTN: LEGAL DEPARTMENT. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE THIRTY (30) DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT. Choice of Law and Exclusive Venue for all other Controversies This Agreement is governed by the laws of the United States. If you are accessing this Website from outside the United States, the laws and regulations of your country to do not apply. You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions set forth in Section 20 of this Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Tippecanoe County, Indiana and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. Cephalofair Games Remedies In order to prevent or limit irreparable injury to Cephalofair Games, in the event of any breach or threatened breach by you of any provisions of this Agreement, Cephalofair Games shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Cephalofair Games from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you. Modifications Cephalofair Games may make changes to these Terms &Conditions, from time to time, in its sole discretion, by updating and posting the revised terms on the Website without notice to you. Your continued use of Cephalofair Games product or service, including through an automatic renewal program or use of the Website following the posting of a new version of the Terms &Conditions constitutes your acceptance of any such changes. Accordingly, whenever you make a purchase or visit the Website, you should check to see if a new version of the Terms & Conditions has been posted. Trademarks All trademarks and service marks displayed on the Website are the property of Cephalofair Games or other respective owners. You may not use or display any trademarks or service marks owned by Cephalofair Games without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner. Copyright Policy Cephalofair Games respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Cephalofair Games may terminate Website access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Cephalofair Games will comply with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide notice to Cephalofair Games via e-mail to support@cephalofair.com (Cephalofair Games’s copyright agent. Please include in the notice the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A description of the copyrighted work that you claim has been infringed. A description of where the material that you claim is infringing is located on the Website. Your address, telephone number, and e-mail address. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law. A statement by you, made under penalty of perjury (e.g. notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please direct other inquiries regarding any infringement issues by email to support@cephalofair.com No Submission of Unsolicited Ideas Cephalofair Games does not accept unsolicited ideas of any kind, including ideas for advertising, promotions, products, technologies, marketing plans, or product or services names. This is to avoid any potential misunderstandings or dispute should our products, services or marketing strategies seem similar to unsolicited ideas submitted to us. Additional Terms The Cephalofair Games company operating this site or providing products and services through this site, may assign, transfer or sub-contract any of its rights or obligations under this Agreement to any third party or any Cephalofair Games company at its discretion. Any representations, warranties and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Cephalofair Games. No delay by Cephalofair Games in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy or shall affect Cephalofair Games’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Cephalofair Games in writing. If any term or provision of this Agreement is held invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of this Agreement and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Agreement supersedes and replaces any other terms previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.