TERMS AND CONDITIONS for elitebettodds.com

APLEASE READ THE FOLLOWING TERMS AND CONDITIONS, THE Topsweepgame OFFICIAL SWEEPSTAKES RULES AND THE Topsweepgame PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY Topsweepgame SERVICES OR THE WEBSITE.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND Topsweepgame SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. PLEASE SEE SECTION 24 BELOW FOR MORE INFORMATION.

1. ACCEPTANCE OF TERMS

These terms and conditions of use ("Terms and Conditions") constitute a legal agreement that governs your relationship with Topsweepgame Inc. and its affiliated companies (collectively referred to as "Topsweepgame" or "We" or "Us") regarding your use of any Topsweepgame branded websites and any Topsweepgame related services, which include applications for mobile devices and internet sites (the "Services"). These Terms and Conditions apply to any Services provided by or any website operated by Topsweepgame, including, without limitation and/or where any Topsweepgame application, Services, or product is licensed, downloaded, or otherwise accessed through third-party sites or sources (in each case, the "Website").

By registering with, using or otherwise accessing the Services, including browsing the Website, accessing the Services with a mobile device or installing software obtained from the Website, you acknowledge that you have read, understood, accepted, and agreed to be bound by these Terms and Conditions and any other terms and conditions referenced and incorporated herein, including, without limitation, the Official Sweepstakes Rules ("Official Sweepstakes Rules") and the Privacy Policy referenced herein ("Privacy Policy"). If you do not accept these Terms and Conditions, the Official Sweepstakes Rules, and the Privacy Policy, you are not authorized to use the Services.

We may modify these Terms and Conditions, Official Sweepstakes Rules, and the Privacy Policy at any time and such modification will be effective upon the date the modified Terms and Conditions, Official Sweepstakes Rules, or Privacy Policy are posted to the Website. You are responsible for reviewing these Terms and Conditions, Official Sweepstakes Rules, and Privacy Policy for modifications prior to accessing, using, or downloading the Services. By your continued use of the Services, you acknowledge and agree that you shall be bound by any such modifications. If you do not wish to be bound by the modified Terms and Conditions, Official Sweepstakes Rules, and Privacy Policy, you must cease use of the Services immediately.

2. PRIVACY

A link to the Topsweepgame Privacy Policy is provided here. The Privacy Policy governs any personal information you provide to us. By using the Services or accessing the Website you agree to the terms of the Privacy Policy.

3. RIGHT TO USE AND LIMITATION ON USE

Subject to your agreement and continued compliance with these Terms and Conditions, the Official Sweepstakes Rules, and the Privacy Policy, Topsweepgame grants you a non-exclusive, non-transferable, revocable limited right to access and use the Services through a supported web browser or mobile device solely for your own non-commercial, entertainment purposes.

You represent and warrant that you are eligible for and have full right and authority to use the Services and to be bound by these Terms and Conditions. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:

  • Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
  • Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks.
  • Create false personas, multiple identities, use bots or other automated software programs to defraud Topsweepgame or any third party or take any other action which otherwise violates these Terms and Conditions and/or the terms of service of any third-party applications or social networks through which the Services are accessed.
  • Attempt to obtain passwords or other private information from other users of the Topsweepgame Website ("Players") including personally identifiable information.
  • Use the Services if you have previously been removed, prohibited, or banned by Topsweepgame.
  • Develop, distribute, or use any software programs or other applications that allow an individual to cheat or obtain an unintended advantage while using the Services.
  • Exploit or distribute any game error or technical glitch that provides an unintended advantage.
  • Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without Topsweepgame's written permission.
  • Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Attempt to use the Services on or through any website or service that is not authorized by Topsweepgame.

5. ELIGIBILITY

To create an account, access or participate in the Services, you must be a legal resident of the United States of America, including any of the U.S. Territories, be at least 18 years old or older (for Alabama and Nebraska, a person must be 19 years of age or older; for Mississippi and Puerto Rico, a person must be 21 years of age or older), and otherwise eligible to use the Services in the state in which you reside. Residents of Idaho, Michigan, Nevada, and Washington State or individuals physically located in the states of Idaho, Michigan, Nevada, and Washington State are prohibited from creating an account and playing on the Topsweepgame Website. Failure to comply with this condition will result in the permanent closing of your account. For the avoidance of doubt, your use of the Services is void where prohibited by law.

GOLD COINS

ALL PURCHASES OF GOLD COINS ARE FINAL AND NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED GOLD COINS.

Topsweepgame is a social casino game with casino-style games. Topsweepgame does not offer real money gaming and making a purchase is completely voluntary and optional. Participation in the games on the Website can be done by using the Gold Coins virtual currency or the free Sweeps Coins. For more information about Sweeps Coins, including how to earn or acquire them; how to use them to play; and how to redeem or exchange them, please see the Official Sweepstakes Rules.

Gold Coins can be purchased as defined on the Website and subject to change from time to time at Topsweepgame's discretion. As an incentive to make certain purchases of Gold Coins, Topsweepgame may elect to offer free promotional Sweeps Coins; however, Topsweepgame is under no obligation to offer free promotional Sweeps Coins at any or all times.

Topsweepgame may limit the number of purchases an accountholder can make, including limiting how many Gold Coins are available to the respective accountholder or limiting the total number of transactions or total cumulative value of purchases made on an hourly, daily, weekly, monthly, or annual basis. Topsweepgame reserves the right, at its sole discretion, to temporarily or permanently suspend an accountholder's access to purchase Gold Coins.

By using a payment method (e.g., VISA, MasterCard, American Express, Discover credit or debit card; or a Skrill account; or savings/checking account) to purchase Gold Coins, the Authorized accountholder hereby affirms that he/she is the lawful owner of the payment method account used to make any purchase(s) on the Website. It shall be a violation of these Terms and Conditions for any Authorized accountholder to submit payment using any payment method that is NOT owned by the same Authorized accountholder.

Topsweepgame reserves the right to temporarily suspend an account or prevent an accountholder from making any further purchases in the event a credit or debit card, Skrill account, or savings/checking account is declined by Topsweepgame's payment processor for any and all reasons. Topsweepgame may require the accountholder to provide proof of identity and ownership of any payment method, including requesting a valid, non-expired photo ID as well as proof of card ownership in the form of current bank or credit card statement bill that matches the name and address on the photo ID and entered on the Website at the time of the purchase.

If any purchases of Gold Coins are charged back or disputed with your payment method provider, ANY and ALL Gold Coins, Sweeps Coins, pending redemptions, or payouts shall be immediately voided and forfeited. Furthermore, your account and access to the Website will be permanently suspended unless such chargeback is canceled or withdrawn within 14 days of receipt.

6. SWEEPS COINS, SWEEPSTAKES PRIZES AND OFFICIAL SWEEPSTAKES RULES

Topsweepgame offers a promotional marketing program where you may receive free Sweeps Coins to participate in promotional games on the Website. There are official rules ("Official Sweepstakes Rules"), which apply to the actual participation in the promotional games on the Topsweepgame Website as well as other aspects of your experience on the Website not defined in these Terms and Conditions. These Official Sweepstakes Rules are very important and should be reviewed prior to playing any of the games. The Official Sweepstakes Rules can be found here.

7. INTELLECTUAL PROPERTY OWNERSHIP

Topsweepgame and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Content"). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.

Any communications or materials you transmit to Topsweepgame by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as non-confidential and non-proprietary. Topsweepgame is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to Topsweepgame for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.

COPYRIGHT NOTICE

Topsweepgame respects the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act ("DMCA"). Your notice should contain the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a clear description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located in the Services;
  • your address, telephone number, and email 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, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys' fees.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: info@topsweepgame.com

9. LIMITATION OF LIABILITY

BY ACCESSING, USING, OR DOWNLOADING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR ANY OF GOLDEN HEARTS, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) THAT MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF GOLDEN HEARTS AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID GOLDEN HEARTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.

10. RELEASE OF LIABILITY

You indemnify, release, and agree to hold harmless Golden Hearts Games, the Givinga Foundation, Sponsor's Affiliates, as well as PayPal Inc., JP Morgan Chase, Paysafe, Meta, Inc., Facebook, Inc., Alphabet Inc., and Google, Inc., from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property arising out of or relating to your use of the Website.

11. DISCLAIMER OF WARRANTIES

THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

12. EXCEPTIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. HACKING OR TAMPERING WITH THE SERVICES

CAUTION: YOU AGREE THAT ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE WEBSITE, UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY GAME OFFERED THEREON), USE A PROGRAM OR "BOT" TO PLAY MULTIPLE GAMES CONCURRENTLY OR TO AVOID ACTUALLY OPERATING THE GAME OR OTHERWISE ATTEMPT TO DEFRAUD GOLDEN HEARTS IN CONJUNCTION WITH THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY GAME OFFERED THEREON) WILL RESULT IN IMMEDIATE CANCELLATION OF ACCOUNT, PROHIBITION FROM FUTURE USE OF THE WEBSITE, AND, IN SUCH INSTANCE, GOLDEN HEARTS RESERVES THE RIGHT TO PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST SUCH PERSON.

14. DISPUTES WITH OTHERS

Golden Hearts reserves the right, but has no obligation, to monitor and/or manage disputes between you and other Players of the Services. If you have a dispute with other Players, you release and hereby agree to indemnify Golden Hearts from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

15. LEGALITY

You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree that Golden Hearts cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. Golden Hearts makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services, nor shall any person affiliated, or claiming affiliation, with Golden Hearts have authority to make any such representations or warranties. Golden Hearts reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.

16.LINKS TO THIRD-PARTY WEBSITES

Although the Services may contain links to third-party websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked website, unless specifically stated therein. By accessing, using, or downloading the Services, you acknowledge that we have not reviewed all the websites linked to the Services and are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.

17. UPDATES TO THE SERVICES

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to the extent legally permissible: modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all Players of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part, or of any content contained in the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.

18. GOVERNING LAW

Any claims or disputes regarding these Terms and Conditions, the Official Sweepstakes Rules, the Privacy Policy, or the Official Game Rules will be resolved pursuant to the internal, substantive law of the Commonwealth of Massachusetts, without regard to choice of law/conflict of law principles that would result in the application of the law of any jurisdiction other than that of the Commonwealth of Massachusetts.

19. BINDING ARBITRATION AND CLASS WAIVER

PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH GOLDEN HEARTS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GOLDEN HEARTS. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GOLDEN HEARTS BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

Scope of Arbitration Provision. You and Golden Hearts agree that any past, pending, or future dispute, claim, or controversy arising out of or relating to your access to or use of any Golden Hearts Website (including Services) or to these Terms and Conditions (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions) (a "Dispute"), shall be determined by arbitration, except that you and Golden Hearts are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, and you and Golden Hearts are NOT precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.

Waiver of Class Relief. Whether the dispute is heard in arbitration or in court, you agree that you and Golden Hearts will not commence against the other a class action, class arbitration, or other representative action or proceeding. Are each waiving your respective rights to participate in a class action. By accepting this agreement, you give up your right to participate as a class representative or class member on any class claim you may have against, including any right to class arbitration or consolidation of individual arbitrations. Limitation of Time to Bring Claims. To the extent permitted by law, you agree that any claim, cause of action, or dispute against Golden Hearts, its agents, and/or employees must be filed within one (1) year after such claim, cause of action, or dispute arose, or it is forever barred. The parties expressly waive any contrary statute of limitations or time bars, whether at law or equity. Arbitration Procedures. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, as modified by these Terms and Conditions. The AAA’s rules are available at www.adr.org. A single arbitrator will be selected in accordance with AAA rules. The arbitration shall be held in Boston, Massachusetts, or any other location both parties agree upon in writing. The arbitrator shall apply the laws of the Commonwealth of Massachusetts consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. No party may disclose the amount of the settlement.

Judicial Forum for Disputes. Except as otherwise required by applicable law, if the arbitration provision in these Terms and Conditions is found unenforceable or if these Terms and Conditions are found not to apply to you or to a particular claim or dispute, then you agree that any claim or dispute that has arisen or may arise between you and Golden Hearts must be resolved exclusively by a state or federal court located in Suffolk County, Massachusetts. You agree to submit to the personal jurisdiction of the courts located within Suffolk County, Massachusetts, for the purpose of litigating all such claims or disputes.

NO UNLAWFUL OR PROHIBITED USE
By using the Services, you warrant to Golden Hearts that you will not use the Services, or any of the content obtained from the Services, for any purpose that is unlawful or prohibited by these Terms and Conditions. If you violate any of these Terms and Conditions, your permission to use the Services automatically terminates. MISCELLANEOUS
Golden Hearts failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The above limitations of liability, choice of law, waiver of class relief, and waiver of jury trial shall survive termination of these Terms and Conditions.

20. ENTIRE AGREEMENT

These Terms and Conditions, and any supplemental terms, policies, rules, or guidelines posted on the Services, constitute the entire agreement between you and Golden Hearts Games and supersede all previous written or oral agreements. By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including any future modifications.

21. SEVERABILITY

If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. For the avoidance of doubt, in the event that any portion of any particular section of these Terms and Conditions, including, without limitation, the section entitled "Binding Arbitration and Class Waiver", is deemed to be unenforceable, the balance of such section shall remain enforceable.

22. LOCAL LAW

These Terms and Conditions do not purport to supersede the laws of the jurisdiction from which you access the Website to the extent such law is deemed to be applicable to your use of the Services. Golden Hearts will comply with applicable law in all respects regarding your use of the Services. Without limiting the foregoing, we will respect all consumer protections provided by applicable law.

23. HEADINGS

The headings titles in these Terms and Conditions are provided solely for convenience and have no legal or contractual significance.

24. FORCE MAJEURE

We will not be liable in any amount for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, Internet outages, communications outages, pandemics, fire, flood, storm, natural cataclysm, governmental regulation, riots, strikes, civil commotion, or war.