Terms of Service

Last Updated Thursday, December 8, 2022

Thank you for reviewing our Terms of Service. We hope that you will enjoy our website and services. CapperTek is a registered trademark and servicemark fully owned and operated by Sports Media, LLC, hereinafter collectively referred to as "Provider". Provider makes and operates this Website, including any and all intellectual property, information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the "Service") available for your use subject to the Terms of Service set forth below. The Terms of Service spell out what you can expect from us as well as what we expect from you.

1. Acceptance of Terms of Service.
By using this Website and/or creating an account and becoming a member, you accept and agree to all terms, conditions and notices contained or referenced on the website ("Terms of Service"). Please read the following Terms of Service carefully. If you do not agree to the Terms of Service, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, you agree to and are bound by these Terms of Service.

Provider reserves the right to change the Terms of Service at any time, without prior notice to any Website visitor ("User" or "You"). For this reason, we encourage you to review these Terms of Service whenever you use our Website. If you breach any of the Terms of Service, your authorization to use this Website automatically terminates. This current Terms of Service was last updated on Thursday, December 8, 2022.

2. Eligibility.
To be eligible to register and create an authorized account ("Account"), you must be at least the age of majority of your applicable jurisdiction of residence which is twenty one (21) years of age or older for residents of the United States, including the District of Columbia, and you may not be a firm, business entity or institution. By using this Website and Service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of these Terms of Service. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant or submission. Employees, officers, directors, investors, agents, and representatives of Provider and their respective parent, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Provider are NOT eligible to use or create an Account on the Website.

3. Local Laws, Service Not Available in Some States.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Website and the Service. Access to the Website may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction and Provider does not make any representation or warranty, express or implied, as to the lawfulness of your participation in or use of Service on this Website are appropriate for use in your Jurisdiction. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in the Service offered on the Website while located in a prohibited Jurisdiction, you will be in violation of the law of such Jurisdiction and these Terms of Service, and subject to having your account suspended or terminated.

4. Account Responsibility.

A. Account Responsibility.
When you create your Account, you represent that you are at least the age of majority of your applicable jurisdiction of residence which is twenty-one (21) years of age in the United States and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (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 Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges).
B. Secrecy Obligation.
Once you have selected or been allocated a unique username and password ("Identifiers") for your Account, it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that you are concerned that your Identifiers are no longer secure and confidential, you should immediately notify Provider by sending an email here, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider. Without limiting the foregoing, any transactions made and accepted on the Website where your Identifiers have been used (and where you have not previously notified Provider as provided herein) will be treated as valid.
C. No Transfer.
Only one Account is allowed per person. Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age to use the Service in your applicable Jurisdiction, and in no event any person under the age of thirteen years, to use or re-use your Account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.

5. Price and Payment.
Our Service includes premium content and subscription-based services. You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. You agree that any purchases made by you via credit card are specifically authorized to be charged to the credit card given by you at the time of purchase. Any services Featured Handicapper subscription can be canceled at anytime for any reason by the Provider without notice or refund. Payment processing portal used for all transactions on Provider website is PayPal.

6. Submitting Content / Service Review Submissions and Complaints
These Terms of Service govern your conduct associated with the Service Review Submissions and Complaints submitted to the Website. Your conduct is also subject to the Provider's online Terms of Service and Privacy Policy, When you submit content for posting on our website, you permit us to post your submission with your name, IP address, and date of submission.

By submitting any content to Provider, you represent and warrant that:

     - You are the sole author and owner of the intellectual property rights thereto
     - All "moral rights" that you may have in such content have been voluntarily waived by you
     - All content that you post is accurate
     - You are at least 18 years old; and that
     - Use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

     - That is known by you to be false, inaccurate or misleading;
     - That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
     - That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection,
       unfair competition, anti-discrimination or false advertising);
     - That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully
       threatening or unlawfully harassing to any individual, partnership or corporation;
     - For which you were compensated or granted any consideration by any third party;
     - That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
     - That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Provider (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Provider, including its affiliates and subsidiaries, a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium, product or technology throughout the world without compensation to you.

All content that you submit may be used at Provider's sole discretion. Provider reserves the right to change, condense or delete any content on Provider's Website that Provider deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Service. Provider does not guarantee that you will have any recourse to edit or delete any content you have submitted. Written comments are generally posted within two to four business days. However, Provider reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Provider, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Provider, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Provider is not responsible for the content or accuracy of any reviews or complaints posted for any individual, service, or company.

By submitting your email address in connection with your review or complaint, you agree that Provider and its third party service providers may use your email address to contact you about the status of your review or complaint and other administrative purposes.

7. Intellectual Property Rights.

A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Copyright © 2013 - 2024 CapperTek, All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the Service subject to these Terms of Service. Unless otherwise specified, the Service on this Website is for your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act of the United States (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to Provider's Designated Agent listed below. For your notice to be effective, it must include the following information:

     (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

     (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 this Website;

     (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address,
     telephone number, and, if available, an email address at which the complaining party may be contacted;

     (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; and

     (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining
     party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
C. Trademarks.
Provider owns trademarks and service marks for its many goods and services, including, without limitation, CapperTek - Sports Handicapping Service Directory, and the associated graphics, logos and service marks are trademarks of CapperTek and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Provider in connection with your use of this website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
E. Linking.
If you have a website and wish to establish temporary or permanent links from your website to this Website, you must link to our homepage or your service page only. If you would like to link to any other page you will need to receive the express written permission from CapperTek. Please submit your request (including your corporation's name, your name and title, and business industry) here for our review and approval.
F. Software Use.
Any and all software which may be downloaded and/or installed from this Website is made available to Users pursuant these Terms of Service.

8. Privacy and Your Personal Information.
Provider respects the privacy of visitors to our Website. Please see Providers' Privacy Policy relating to the collection and use of your information. User acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms of Service. If User does not agree to each and every part of the Privacy Policy, then User should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Provider via email here.

In regards to sharing Information with third parties, Provider may enter into alliances, partnerships or other business arrangements with third parties who may be given access to personal information including your email address or phone number for the sole purpose of transacting business on this website. Provider may use third parties to facilitate our business and services, including, but not limited to, sending emails or SMS texts. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with business activities. As Provider develops business relationships or partnerships, Provider may buy or sell assets or business offerings. Customer names, email addresses, phone numbers, and geo-location information is generally one of the transferred business assets in these types of transactions. Provider may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.

How Can You Access and Correct Your Information?
You may access all your personally identifiable information thru your membership registration or account settings. It is your responsibility to maintain its accuracy or availability. We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our website, the users of our website, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our website, us, or third parties.

What About Other Websites Linked to Our Website?
Provider is not responsible for the practices employed by Websites linked to or from our Website nor the information or content contained therein. Often links to other Websites are provided solely as pointers to information on topics that may be useful to the users of our Website. Please remember that when you use a link to go from our Website to another Website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Website, including Websites which have a link on our Website, is subject to that Website's own rules and policies.

We do our commercially reasonable best to maintain the security and the privacy of your personal information but take no responsibility if any third party determines or uses this information without your consent.

9. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website and Service is at User's sole risk. Provider nor any of its respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider, or the like, warrant that websites affiliated with Provider, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized spokesperson. Advertisers, content providers, User, guests, independent writers and experts are not authorized spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

A. Disclaimer of Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND ANY SOFTWARE, IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER'S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER'S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.

10. Third Party Links.
This Website contains thousands of links to other websites and may forward Users to other websites within the same or new Internet browser window or tab. These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that Provider has no responsibility to you with respect to such material. Provider encourages you to examine the privacy policies and/or terms of use policies of any third party website.

11. Online Conduct.
User agrees to use the Website and the Services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Remote Access Trojans (RATs), keyboard loggers, time bombs, spyware, adware, cancel-bots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.

12. Circumvention.
User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms of Service, the Service offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Provider determines, in their sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, User will be subject to suspension or termination of User's access to the Website and/or Service, and Provider reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.

13. Termination.
These Terms of Service are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User's access to the Website may be terminated immediately without notice from Provider if in their sole discretion User fails to comply with any term or provision of these Terms of Service. No full or prorated refunds for premium services shall be given if Provider terminates User Website access.

14. Security.
If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojan horses, etc. that may track any data you enter via this Website, including email address, credit card number, and other payment related information. In addition, you are responsible for maintaining the confidentiality of your Provider account ("Account") and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You agree to (a) immediately notify Provider of any unauthorized use of your password or Account or and other breach of security, and (b) ensure that you exit from your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from your failure to comply with this section.

Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

15. Indemnification.
You agree to defend, indemnify and hold harmless Provider and their respective subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by you or any service provider; (b) any other party's access and use of the Website or the Service with your unique Identifiers, except where you have previously notified Provider that you believe such Identifiers are no longer secure and confidential, as specified in Section 4(A); (c) Your connection to any site; (d) Your violation of these Terms of Service; (e) Your violation of any sports betting regulations, edicts or laws to which you are subject; or (f) Your violation of any rights of a third party or service provider.

16. Arbitration.
Any dispute relating in any way to your visit to Website shall be submitted to confidential arbitration in the British Virgin Islands except that, to the extent you have in any manner violated or threatened to violate Provider's intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in a court of another jurisdiction and the User consents to exclusive jurisdiction and venue as determined by Provider. You and Provider agree that any Dispute between you and Provider shall be resolved exclusively and finally by arbitration administered by arbitration, using interpretations under the laws of the British Virgin Islands, and conducted under its rules, except as otherwise provided below. You and Provider may also agree on another arbitration forum. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service, Privacy Policy, or Software Terms shall be joined to an arbitration involving any other party subject to these Terms of Service or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Terms of Service or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or iii) any other dispute arising out of or relating to the relationship between you and Provider.

17. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States, you agree that the laws of the United States and the laws applicable therein, will govern these disclaimers, Terms of Service or Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms of Service and Privacy Policy, at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the United States.

18. Waiver/Severability.
The failure of Provider to require or enforce strict performance by User of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider's right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.

19. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms of Service or Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

20. Entire Agreement.
These Terms of Service constitute the entire agreement between the User and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service or Privacy Policy will be effective only if in writing and signed by Provider.

THE SECTION TITLES IN THE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Date Terms of Service Last Modified: Thursday, December 8, 2022

These Terms of Service may be changed at any time, without prior notice.

Please contact us if you have any questions or concerns about our Terms of Service.