Gamxing®, Inc, a Delaware corporation ("Gamxing®" or "we") operates the Web Site www.gamxing.com ("Site"), that allows users to learn about the Health Insurance Portability and Accountability Act of 1996 ("HIPPA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH") and other related regulations through Gamxing®'s interactive, scenario-based training programs that are specifically designed to teach best practices in dealing with patient data information securely and many other requirements of HIPPA and HITECH. The services offered by Gamxing® include any Gamxing®-branded URL ( including the current Site), and any other features, content, or applications offered from time to time by Gamxing® in connection with Gamxing®'s business (collectively, the " Services"). The Services are hosted in the United States.
Gamxing® may modify this Agreement from time to time and such modification shall be effective upon posting by Gamxing® on the Gamxing® Website. Your continued use of the Gamxing® Services after Gamxing® posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Should you have any questions regarding the use of our Site, please visit our Contact Us page..
We provide the Services for exclusive Member use only. Unless you or your company registered and prepaid for the use of the Services with Gamxing®, you will not be permitted to use the Services.
To obtain and use the Services, you will be required to register with Gamxing® by completing a registration form and designating a User ID and password. When registering with Gamxing® you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the User ID and password, and are fully responsible for all activities that occur under your User ID or password. You agree to immediately notify Gamxing® of any unauthorized use of your User ID or password or any other breach of security. Gamxing® cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
By registering with Gamxing®, you understand that we may send you communications or data from Gamxing® regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Gamxing®'s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message. Gamxing® will use best efforts to honor Member's request to opt out of marketing messages, but under no circumstances will Gamxing® have any liability for sending any email to its registered Users/Members. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for Member service; or (e) protect the rights, property, or personal safety of Gamxing®, the Gamxing® Affiliates, its users and the public.
Unauthorized use of the Gamxing® service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Gamxing® or others.
Gamxing® reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Gamxing®. Gamxing® reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Gamxing®'s response to a future complaint. You acknowledge and agree that Gamxing® shall not assume or have any liability for any action or inaction by Gamxing® with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
Except for the licenses granted herein, you have no right, title or interest in or to Services or any content. You agree that Gamxing® or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Gamxing® service and content, including, without limitation, text, images, and other multimedia data. Gamxing® has a patent pending on certain of its technology.
All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2017 Gamxing®, Inc, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of Gamxing® and/or it suppliers, affiliates, or licensors. All rights reserved.
Gamxing®.com and the Gamxing® logo are including without limitation, either trademarks, service marks or registered trademarks of Gamxing®, and may not be copied, imitated, or used, in whole or in part, without Gamxing®'s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Gamxing® may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Gamxing® expects Users to respect copyright law. Gamxing® expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Gamxing® may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gamxing®'s Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) A statement by you, made under penalty of perjury, 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.
Gamxing®'s Agents can be reached by submitting a ticket via our Contact Us page.
As a result of becoming Members and utilizing the Site, Members disclose to Gamxing® information including, participant information and certain financial information including credit card information, (referred to herein as "Proprietary Material") solely for Members utilization of the Site.
Gamxing® agrees to hold all information concerning the Proprietary Material in confidence, not to disclose this information to others, except as agreed to by Member, and not to use this information commercially for anyone except Member under the following conditions:
1. Gamxing® agrees to limit dissemination of and access to the Proprietary Material to its employees and agents who have a need for access to the Proprietary Material for the above-described purposes.
2. These Proprietary Materials and the information they contain shall be used solely for the purposes intended by the Member.
3. Gamxing® agrees to use its highest degree of care to safeguard these Proprietary Materials and the information they contain from access or disclosure to unauthorized persons and, unless prohibited by law or regulation, will notify Member prior to disclosure of Proprietary Information required by legal authorities.
4. Gamxing® agrees not to make copies of any of the Proprietary Materials except upon written permission of Member and Gamxing® agrees to return all Proprietary Materials to Member, including all copies, at any time upon request by Member.
It is also possible that, as a result of utilization of the Site, certain proprietary materials or trade secrets that belong to Gamxing® will be revealed to Member. Member hereby agrees that it will abide by the same standard of confidentiality, in relation to Gamxing®'s proprietary materials and trade secrets as set forth herein in items 1 through 4 above.
This Agreement shall not apply to information that is already within the public domain.
Because Gamxing® is solely providing training through games, Gamxing® does not guarantee the results of this training to the level of a participant becoming 100% compliant with the regulations and cannot guarantee that User will not be subject to government audit or fines or otherwise suffer any breaches or violations of HIPPA or HITECH or any other area of training that Gamxing® provides. By becoming a Site User you, the customer, acknowledge that you forfeit the right to hold Gamxing® accountable for any and all technical errors or any government action taken against the User under HIPPA or HITECH or any other area of training provided by Gamxing®.
Gamxing® intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Gamxing® may make changes and improvements to the information provided herein at any time.
GAMXING® PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMXING®, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "GAMXING® PARTY," AND COLLECTIVELY, THE "GAMXING® PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE GAMXING® PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
IN NO EVENT WILL ANY GAMXING® PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH GAMXING® PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION J IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GAMXING® PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
In the event that, notwithstanding the foregoing disclaimers and indemnification, Gamxing® is found responsible to any Gamxing® User for any reason whatsoever, Gamxing®'s responsibility shall be limited to the amounts actually paid by such User for Gamxing®'s services, and shall not include punitive damages or consequential or resulting damages of any nature.
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE GAMXING® PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS I AND J, GAMXING® IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, Gamxing®, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Gamxing® reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Gamxing® in asserting any available defenses.
Gamxing® reserves the right to terminate your password, account or use of Gamxing® Services and remove any data within Gamxing® Services, in our sole discretion, without cause but with notice. You may terminate your User account upon notice to Gamxing® at any time. Upon termination by Gamxing® or at your direction, your game scores will remain available on the site for ninety (90) days after termination after which time they will not be available.
The fees applicable for Gamxing® Services are available at www.gamxing.com and as published within the Services. Fees are paid in advance of use of the Service by credit card, debit card or PayPal®. Gamxing® reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
The Member must notify Gamxing® about any billing problems or discrepancies within 15 days after charges first appear on their Credit Card, Debit Card or PayPal® statement. If it is not brought to Gamxing®'s attention within 15 days, Member agrees to waive their right to dispute such problems or discrepancies.
Once a User signs up and plays the games on the site, there are no refunds. If the User signs up and does not commence playing the games, a refund can be received by contacting Gamxing® on our Contact Us page to arrange for a credit.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You may notify us by e-mail at firstname.lastname@example.org
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, 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 closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Gamxing® is a trademark of Gamxing®, Inc.
Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of Gamxing®.
ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO GAMXING® AND ITS SUCCESSORS AND ASSIGNS.
The failure of Gamxing® to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.