Terms of Use

Subject to this Gold Simulations Terms of Use Agreement for Beat The Market, Gold Simulations, LLC (Gold Simulations)will make available online information and services to registered Beat The Market members or other authorized users. By clicking the "Accept" button when registering or by using the web sites owned and/or controlled by Gold Simulations, you are indicating that you are 18 years old or older, and if you are under 18, you have received consent from your parent or guardian, and that you are bound by all of the terms in this Agreement. The term "using" means the use and availability of, access to, transmission to or from or any exchange of information or communication in connection with or arising from the Site(s). You may print and keep a copy of this Agreement. Gold Simulations may change the terms in this Agreement at any time. Any changes will appear in this document, which you can access at any time by returning to this page. It is your responsibility as a user to refer to the terms on accessing the Site(s). Changes will be effective the day after first posting to the Site(s) and you will be deemed to have accepted any change if you continue to access the Site(s) after that time.

PRIVACY OF INFORMATION

See our Privacy Policy.

REGISTRATION INFORMATION

You will provide Beat The Market with accurate and complete registration information (including but not limited to information on institution and department). If you do not, you will be in breach of this Agreement, allowing Gold Simulations to immediately terminate your use of the Site(s) or any products/services provided through the Site(s). When you register or subscribe to certain Beat The Market services provided through the Site(s), you will receive a username and password which we may assign or allow you to select. You may not select a username that violates anyone's rights or one that, in Gold Simulation's sole discretion, Gold Simulations considers offensive, improper or inappropriate. If you do, Gold Simulations may modify or delete it.

FEES AND PAYMENTS

You agree to pay or have paid all applicable fees and charges incurred in connection with your username and/or password for Beat The Market Site(s) (including any applicable taxes) at the rates in effect when the charges were incurred. If you pay by credit card or other payment instrument and Gold Simulations does not obtain full payment, you agree to pay all amounts due upon our demand. You are responsible for any fees or charges incurred to access the Site(s) through an Internet access provider or other third-party service. You, and not Gold Simulations, are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.

INDIVIDUAL REGISTRATION AND ACCESS

Each registration is for a single user only. Gold Simulations does not permit any of the following: 1. Any other person sharing your username and password. 2. Any part of the Site(s) being cached in proxy servers and accessed by individuals who have not registered with Beat The Market as users of the Site(s). 3. Access through a single username and password being made available to multiple users on a network without Gold Simulation's express prior written consent. If Gold Simulations reasonably believes that a username and password are being used in any of these ways, Gold Simulations reserves the right to cancel access rights immediately without notice and block access to all users from that IP address. If you believe someone has accessed the Site(s) using your username and password without your authorization, you must contact Gold Simulations customer support by going to www.btmgame.com and clicking on "ask a question" to contact us.

MATERIAL SUBMITTED BY USERS

Certain elements of the Site(s) may contain material submitted by users. Gold Simulations accepts no responsibility for the content or accuracy of such material. You are responsible for all statements made and acts or omissions that occur while your password is being used. You may not use the Site(s) for any unlawful purpose. You acknowledge that any submissions by you shall be considered non-confidential (except as otherwise required by law). You represent and warrant that no materials of any kind submitted by you will (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, rights of privacy or publicity, or other personal or proprietary rights or (b) contain libelous or otherwise unlawful material. You agree to indemnify, defend and hold harmless Gold Simulations and its agents and affiliates from and against any and all liability and costs arising from or relating to your breach of any part of this Agreement.

INTELLECTUAL PROPERTY

The content available through the Site(s) is the sole property of Gold Simulations and is protected by copyright, trademark and other intellectual property laws. Gold Simulations-owned content received through the Site(s) may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site(s) to anyone, including but not limited to others in the same institution, company, or organization, without Gold Simulation's express prior written consent.

DISCLAIMER; LIMITATION OF LIABILITY

The contents of the Site(s) are for general information or use only. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Due to the number of sources from which content in the Site(s) is obtained and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Site(s). Gold Simulations AND ITS AFFILIATES, AGENTS, AND LICENSORS (THE "Gold Simulations PARTIES") CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE(S) OR THE SITE(S) ITSELF. THE SITE(S) ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE Gold Simulations PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY THEIR NEGLIGENCE OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE(S) AND ANY CONTENT THROUGH THE SITE(S). IN NO EVENT WILL THE Gold Simulations PARTIES BE LIABLE TO YOU IN RELIANCE ON SUCH CONTENT OR THE SITE(S). THE Gold Simulations PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE DAMAGES OR ANY OTHER DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE Gold Simulations PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SITE(S) OR THE CONTENTS OF THE SITE(S) SHALL NOT EXCEED THE AMOUNT YOU PAID TO Gold Simulations FOR THE USE OF THE SITE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THE Gold Simulations PARTIES MAKE NO WARRANTY THAT THE SITE(S) OR CONTENTS OF THE SITE(S) ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Certain links on the Site(s) lead to resources located on servers maintained by third parties over whom Gold Simulations has no control. Gold Simulations accepts no responsibility or liability for any of the material contained on those servers.

MISCELLANEOUS

Gold Simulations may discontinue or change the Site(s), or the availability to you at any time, and you may terminate your use at any time. This Agreement is personal to you and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New Jersey, as if the Agreement was a contract wholly entered into and wholly performed within New Jersey. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any action to enforce this agreement or any matter relating to your use of the Site(s) shall be brought exclusively in the federal or state courts located in Newark, New Jersey, and you irrevocably agree to submit to the jurisdiction of such courts.

REFUND POLICY

Please contact our ordering department by going to www.btmgame.com and clicking on "ask a question" to send us an email or dial 908-730-7332 and indicate your desire to obtain a refund for an unused account. Upon receiving your request to return an unused account, we will first determine if the request is valid and then issue the credit to the credit card used in the purchase. The credit amount will be the same as the amount originally paid at the time of purchase. An unused account is determined to be unused if our database indicates no one has used the account. Once the account has been used, it will no longer be possible to grant a refund. All refund requests must be made within 30 days of purchase date. If a refund is given, the account will be deactivated. In other words, it will no longer be valid for participation in any simulation game and all data will be permanently deleted.