1.1 Terms and Conditions Binding
Registering for an account and/or participating in any tournament offered on BeAContender.com ("the Site") signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. The Site may modify these Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.

1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of the Province of Nova Scotia, irrespective of any principles of conflicts of law.

By registering for an account and/or participating in any tournament offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in Halifax in the Province of Nova Scotia, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.

1.4 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.

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.1a Eligibility (United States)
To open an account and/or participate in any tournament offered on the Site, you must:

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;

b) be a U.S. citizen or resident alien with a U.S. address;

c) be physically located within the U.S.; and

d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.

The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, the Site CANNOT offer fee-based tournaments with prizes to residents of the following states: Arizona, Arkansas, Delaware, Florida, Iowa, Louisiana, Maryland, and Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.1b Eligibility (Canada and Non-U.S.)

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.2 Additional Persons Not Eligible
Notwithstanding paragraph 2.1, the following persons are ineligible to participate in any tournament or receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.

The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S. or Canada, or any jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any prize to provide the Site with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above.

You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

2.5 Promotional Activities
By registering for an account, you agree that the Site may display your user name and tournament records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation.

2.6 Submissions
If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

2.7 Information Required (U.S. players only)
At registration, you are required to submit the following information: an alias that will be your user name, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases.

2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

2.9 Privacy Policy
The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. The Site utilizes e-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants can opt-in to receive these and other promotional e-mails. You have the choice to opt-in or opt-out of receiving these e-mails at any time by modifying your preferences under the My Account section of the website. To view the Site's full privacy policy, click on the following Privacy Policy link.

2.10 Recommended System Configuration
The tournaments offered on the Site will function best if your computer system meets the following requirements: See the Technical Support section of the Help page.

2.11 Chat & Message Board Policy
Rules of Conduct:

The Site reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas.

• The Site reserves the right to remove any posts for any reason.

• You must be at least 18 years old to participate in any part on the Site.

• Profanity, obscenities, or the use of **asterisks** to disguise such words, is not permitted.

• Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.

• The Site player names will be used as 'Your Name'; impersonating other players is not allowed.

• Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.

• Advertising or promotion of other companies or URLs is not allowed.

• Please limit posting to the subject of the Site's games, message board or site.

• Do not share personal information (your name, phone number, home address, password) with others on the site.

• No advertising of any kind is allowed in messages.

• No copyrighted materials are allowed in messages.

• Information disclosed in the Site chat rooms or message boards becomes property of the Site and is revealed to the public. The Site is not responsible for any information you choose to disclose to others.

2.12 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. The Site defines "Spam" as:

• Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;

• Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;

• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);

The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

• Account Suspension: Upon the receipt of a credible and validated complaint, the Site may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "Final" warning and will prevent the abuser from continuing their abusive "Spamming" behavior. The Site will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.

• Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the referral account, the loss of all referrals, the forfeiture of any unpaid referral money on account, a prohibition against any future membership, and the user will lose the right to compete in any tournament play.

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: abuse@BeAContender.com. Please refer responsibly!

2.13 Limitations on Participation
You may establish only one player account per person, and up to two player accounts per computer or address, to participate in the activities offered on the Site. The Site reserves the right to monitor any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one player account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. The Site also reserves the right to deny access to those who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada or the U.S.

The Site may impose dollar amount limitations on the credit card transactions in which you engage to fund your activities on the Site. The Site may also impose limitations on the net dollar amount you may lose on the Site in any calendar month; should your losses reach the designated limit, your play in the tournaments offered on the Site will be restricted until the beginning of the next calendar month. The Site reserves the right to change these dollar amount limitations at any time. The Site reserves the right to set expiration dates or other limits on all practice money or other promotional credits.

2.14 Abuse
Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the use of unauthorized or altered software or hardware to assist play and/or the intentional loss of certain games in order to achieve a broader competitive advantage (i.e. "sandbagging") or transfer money between accounts (i.e. "money laundering"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including account termination and blocking of Site access and, in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed federal legislation. Additionally, all winnings (if any) may be voided at the sole discretion of the Site.

SECTION THREE - DISCLOSURES

3.1 Odds and Prizes
The results of all tournaments offered on the Site depend on the number and skill level of the players participating in such tournaments; precise odds of winning are therefore unavailable.

Prizes are generally cash amounts, which are deposited directly into winners' accounts. If a tournament has to close prematurely, such as for maintenance or technical problems, the prize for the tournament will be proportional to how full the tournament was at the time of closing. The cash value of prizes offered in all CASH Tournaments will depend on the amount of money in the prize pool, and will not be available until such tournaments have ended.

The Site reserves the right to aggregate user withdrawal requests for systematic processing by the Site's accounting department approximately twice per month, with checks generally being sent out on the 15th and last day of each month (or the next business day following those dates, if the 15th or last day falls on a weekend or holiday), provided the withdrawal request was made with a reasonable amount of notice (with the check being deferred until the next processing cycle if sufficient notice was not given).

3.2 Winners Lists
Lists of winners will be posted on the Site immediately following each tournament, except in the case of tournaments with substantial (as determined by the Site in its sole discretion) prizes, where lists may be delayed for up to five business days while verification of the results takes place in order to help prevent potential abuse.

3.3 Determination of Winners
The results and winners of each tournament offered on the Site will be determined by the Site. By registering and/or participating in any tournament, you agree to be bound by these determinations.

3.4 Game Rules
Rules for each specific tournament offered on the Site can be found by clicking on the following link: Game Rules

SECTION FOUR - LIMITATION ON LIABILITY

4.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY TOURNAMENT OFFERED ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.

The Site also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

In case of a malfunction or disruption of service for which the Site is responsible that prevents you from completing a tournament in which you have begun to participate, the Site will, upon receipt of a refund request, refund the entry fee charged for that unfinished tournament only. The Site reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Site also reserves the right to limit your tournament play or terminate your account should the Site determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. The Site is not liable for any potential winnings from any unfinished tournament.

4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

4.3 Credit Card Use
You agree that the Site is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Site.

Any attempt to defraud the Site through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution.

4.4 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any tournament offered on the Site, you agree that the Site is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.

Any attempt to gain unauthorized access to the Site's systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

Any attempt to participate in any tournament offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.

4.5 Accounts for individual use only
You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of the Site) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Site, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. By registering and/or participating in any tournament offered on the Site, you agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorney fees) arising from any use of your account by any person.

4.6 Account Termination
The Site reserves the right to terminate your account or decline or limit your participation in any tournament for any reason, including, but not limited to harassment of other participants, posting of objectionable material, creation or use of multiple accounts, use of unauthorized or altered software or hardware to assist play, "sandbagging", any breach of the terms of the agreement between you and the Site, or any breach of the security of your account or the Site.

By registering for an account and/or participating in any tournament offered on the Site, you consent to allow the Site to access your account information to investigate complaints or other allegations of abuse.

If applicable, all charged monies(deposits), less tournament entry fees and withdrawals, will be returned to the player. All winnings (if any) may be voided at the sole discretion of the Site.