These Terms of Use are entered into by and between you and the American Gaming Association (“AGA”, “we,” or “us”). By using this website or attempting to interact with or use any part of this website, you agree to comply with and be bound by the following non-negotiable terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.

1. Agreement. This Term of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of www.americangaming.org and www.haveagameplan.org (collectively, the “Sites” and each a “Site”) and describe the terms and conditions applicable to your access of and use of the Sites. This Agreement may be updated at any time by AGA, in our sole discretion. All changes are effective immediately upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.americangaming.org/terms-of-use. Your continued use of the Sites after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes to the Agreement.
2. Accessing the Website and Account Security. We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Site, or all of a Site, to users, including registered users.You are responsible for both:
   Making all arrangements necessary for you to have access to the Sites.
   Ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy which can be found at , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
3. Ownership. Each Site and each Site’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AGA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Sites.
4. Intended Audience. AGA’s sites are not directed to children under the age of 18. AGA does not knowingly collect or store personal information about children under the age of 18.
5. Site Use. The AGA grants you a limited, revocable, nonexclusive license to use the Sites solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites. You agree not to copy materials on the Sites, reverse engineer or break into the Sites, or use materials, products or services in violation of any law. You agree not to (i) violate the security of the Sites or attempt to gain unauthorized access to the Sites, data, materials, information, computer systems or networks connected to any server associated with the Sites, through hacking, password timing or any other means; (ii) take or attempt any action that, in the sole discretion of the AGA, imposes or may impose an unreasonable or disproportionately large burden on the Sites or their infrastructure; (iii) use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Sites, any data or content found on or accessed through the Sites without the prior written consent of the AGA; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content. The use of the Sites are at the discretion of the AGA and the AGA may terminate your use of any of the Sites at any time.
6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Sites and agree not to take any action that would compromise the security or viability of the Sites.
7. Indemnification. You agree to indemnify, defend, and hold harmless the AGA and our service providers, members, and affiliates, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Sites.
8. Disclaimer. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE AGA BE LIABLE OR RESPONSIBLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITES, YOUR USE OF THE SITES, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE INFORMATION PROVIDED ON THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITES. ALTHOUGH THE AGA TAKES REASONABLE STEPS TO SCREEN THE SITE FOR INFECTION BY VIRUSES, TROJAN HORSES, AND OTHER CODE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, THE AGA CANNOT GUARANTEE THAT THE SITES WILL BE FREE OF INFECTION OR THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. Use of Your Information. The AGA reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11. Governing Law; Jurisdiction. All matters relating to the Sites and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction).Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia, in each case located in the District of Columbia, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
13. Waiver. The failure of the AGA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the AGA must be in writing and signed by an authorized representative of the AGA.
14. Termination. The AGA may terminate this Agreement at any time, with or without notice, for any reason. Sections 7, 8, 9, 15, and 16 shall survive termination.
15. Geographic Restrictions. AGA is based in the District of Columbia in the United States and provides this Site for use only by persons located in the United States. AGA makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Relationship of the Parties; Third-Party Rights.Nothing contained in this Agreement or your use of the Sites shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. Sections 7, 8, and 9 are for the benefit of the AGA and agents, each of whom shall have the right to assert and enforce terms against you.
17. Intellectual Property. Each Site’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the AGA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.The AGA name and all related names, logos, product, and service names, designs, and slogans are trademarks of the AGA. You must not use such marks without the prior written permission of the AGA. All other names, logos, product, and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and the AGA and governs the terms and conditions of your use of the Sites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the AGA with respect to the Sites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Sites.
19. Contact Information. If you have any questions, comments or concerns regarding this Agreement, please contact us via contact us page the or mail to American Gaming Association, 799 9th St NW, Suite 700, Washington, DC 20001.