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END USER LICENSE AGREEMENT

This End User License Agreement (“Agreement”) was last updated on August 22, 2019.


IMPORTANT

THIS WEBSITE OR MOBILE APPLICATION IS OPERATING THE WAGERING SOFTWARE PLATFORM (THE "SOFTWARE") OF BETWORKS (US) LLC. ("PROVIDER") UNDER A LICENSE FROM PROVIDER TO ELITE HOSPITALITY GROUP, LLC D/B/A ELITE SPORTSBOOK THE OPERATOR OF SPORTSBOOKS FOR RIVERSIDE CASINO & GOLF RESORT, LLC, RHYTHM CITY CASINO, LLC AND GRAND FALLS CASINO RESORT, LLC (COLLECTIVELY, THE "OPERATOR"). (UNLESS THE CONTEXT INDICATES OTHERWISE, OPERATOR AND PROVIDER ARE HEREINAFTER REFERRED TO COLLECTIVELY AS THE "COMPANY", "WE" OR "US"). A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ACCESSING THE WEBSITE OR DOWNLOADABLE APPLICATION AND ITS CONTENT IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE, THE WEBSITE AND THE MOBILE APPLICATION.

1.Introduction

1.1 Provider is the provider of the Software, on behalf of the Operator, of the website domain www.elitesportsbook.com (the “Website”) and the mobile application (the “Application”) collectively the Website and the Application shall be referred to as the “Online Software”. The Company is licensed and/or regulated by state or local regulators in the jurisdiction in which you opened your account (“Regulators”) for the purposes of operating and offering real-money Internet-based, mobile application-based and/or retail-based sports wagering services (hereinafter referred to as the “Services”).
1.2 When You (hereinafter referred to as the “End User” or “User” or “You” or “Your”) use the Online Software, the Software, or the Services, these Terms of Service (hereinafter referred to as the “Terms of Service” or “Agreement”) shall apply to such use.
1.3 In addition to this Agreement, the Privacy Policy, which can be found at elitesportsbook.com/privacy (the “Privacy Policy”) applies to Your use of the Online Software, the Software, and the Services, and You should review it prior to any use of the Online Software, the Software, or the Services. The Privacy Policy describes how Your personal information will be dealt with and protected. By accepting the terms of service set forth in this Agreement, You are also acknowledging and accepting the Privacy Policy.
1.4 Your use of the Company’s Services is strictly subject to all applicable laws, rules, regulations or other authority which shall apply to the type of Services that You are using, including, but not limited to, the laws of the State of Iowa (hereafter, the “authorized gaming jurisdiction”), regulations promulgated by the Regulators, and such other terms, conditions, rules or policies as We may institute from time to time (together, the “Additional Rules”), in each case, as may be issued, updated, modified or otherwise changed from time to time. The Privacy Policy and Additional Rules are incorporated by reference into this Agreement and shall constitute an integral part thereof.
1.5 This Agreement shall prevail in the event of any conflict between this Agreement and any of the game rules or other documents referred to in this Agreement, except for the Privacy Policy. In the event of any conflict between this Agreement and the Privacy Policy, the Privacy Policy shall control.

2. Acceptance of terms and conditions

2.1 By registering with the Company via the Online Software and/or by using the Company’s Services via the Online Software and/or by checking the “I am 21 or over and I accept these Terms & Conditions” box during the account registration process, You agree to be bound by this Agreement, the Privacy Policy, and the Additional Rules in their entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between You and the Company. Together with the Privacy Policy and the Additional Rules, which are deemed to be an integral part hereof, this Agreement shall govern Your use of the Online Software, the Software, and the Services at all times.
2.2 The Company operates the Online Software and offers the Software and the Services in conjunction with a license or permit issued by the Regulators to the Company.
2.3 The Software, which may be made available in either downloadable or non-downloadable form, allows You to use the Services currently available via the Online Software and other User interfaces, including, but not limited to, mobile devices and computers. The Company reserves the right, in its sole discretion, to suspend, modify, remove or add to the Software and/or the Services, subject to any statute, regulations or direction from the Regulators, with immediate effect and without notice. The Company shall not be liable for any loss suffered by You, including, but not limited to, any indirect, consequential, incidental or special damages, resulting from any changes made to the Software and/or Services and You shall have no claims against the Company in such regard.
2.4 In respect to Your use of the Services, You may only have one account with each specific Website or Mobile Application operated by the Company for which You will register using Your own legal name. You shall access the Software and use the Services only via Your own account. You may never access the Software or use the Services by means of another person’s account or permit any other person to access the Software or use the Services using Your account. If You: (i) attempt to open more than one account, under Your own name or under any other name; (ii) attempt to use the Services by means of any other person’s account; or (iii) permit another person to access the Software or use the Services using Your account, then We will be entitled to: (a) block Your account pending investigation; (b) refund or refuse to refund any monies contained in Your account in our sole discretion; (c) notify the proper authorities of the suspected activity; and/or (d) close Your account/s, and bar You from future use of the Services.

3.Compliance with laws and location verification

3.1 Use of the Services is restricted to End Users who are wagering from within the geographical boundaries of the authorized gaming jurisdiction. You represent, warrant and agree to ensure that Your use of the Online Software, the Software, and the Services will comply at all times with all applicable laws, statutes and regulations.
3.2 You acknowledge and agree that You will be physically within the geographical boundaries of the authorized gaming jurisdiction during any time of real-money play, and that You will comply with our requirements in connection with verifying Your physical location at time of play, including by use of Your mobile device’s current location and/or using the Wi-Fi networks when You use Your computer or tablet device. Location coordinates may be gathered at any time, including, but not limited to, at the time You access a real-money game using Your mobile phone, computer and/or tablet device, and You have agreed to use the location verification service (the “Location Service”) on your devices to permit collection of location coordinates. Upon completing the account registration process, and before real-money play, You may be required to download a “plugin” from our Location Service provider. You hereby consent to Your location being verified via the above-described process each time You login to Your account and also periodically while You are logged in to Your account.
3.3 The mobile device Location Service is available only on selected carriers. The Location Service might not be available if the mobile device is roaming or is turned off. Location coordinate data is transmitted via Secure Socket Layer (“SSL”) technology into password protected servers. Your data will be subject to the Privacy Policy. Please contact Your carrier for rate information and note Message and Data rates may apply.
3.4 The Company shall not be responsible for any illegal or unauthorized use of the Online Software, the Software, and/or the Services by You or any other party. Please consult an attorney if You have any doubts about the legality of Your use of the Online Software, the Software and/or the Services under the laws, statutes and regulations of any jurisdiction that applies to You. By accepting these terms, You agree to assist the Company, to the extent You are able, with its compliance with applicable laws, statutes and regulations.
3.5 Persons located outside of the physical boundaries of the authorized gaming jurisdiction, at the time of their activity, may not use the Services for real-money play.
3.6 You acknowledge and agree that You are granted a personal, non-transferable and non-exclusive right to use the Location Service and any data related thereto. GeoComply, as provider of the Location Service, and/or its licensors, retain all of their intellectual property rights in and to the Location Service, and no title to any such property is transferred to You. You agree not to expose, reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form or otherwise attempt to derive source code from the Location Service, or modify, incorporate into or with other software, or to create derivative works of, the Location Service or any data related thereto, or allow any third party to do the same. You agree not to expose, capture, retain, aggregate, store, copy, market, modify, reverse engineer, decompile, disassemble, exploit or otherwise attempt to discover the Location Service, or allow any third party to do the same. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce or other US agency or authority, and not to transfer, or authorize the transfer of, the Location Service to a prohibited country or otherwise in violation of any such restrictions or regulations.
3.7 You acknowledge and agree that no warranty from GeoComply or its licensors is being made to You in connection with the Location Service and any data related thereto, and that there is an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose. GeoComply and its licensors shall not be liable to You for any indirect, consequential, incidental or special damages arising out of the use or license of the Location Service, regardless of the theory of liability (including negligence, tort, and strict liability).
3.8 You agree not to remove, alter or obscure any copyright or other proprietary notices incorporated on or in the Location Service by GeoComply or any of its licensors, or allow any third party to do the same.
3.9 You agree not to make the Location Service or any data related thereto available to third-parties, or use the Location Service on behalf of third-parties (including through file sharing, hosting, application services provider, service bureau, or any other type of service) and not to transfer or sublicense the Location Service or any data related thereto or allow the Location Service or any data related thereto to become subject to any lien.
3.10 You agree not to make any copies of the Location Service or any data related thereto, except for a single copy for back-up/archival purposes, and such copy must contain all of GeoComply’s and its licensor’s notices regarding proprietary rights.
3.11 You agree to comply with the Google Maps terms and conditions (as located at http://maps.google.com/help/terms_maps.html), the Google Legal Notices (as located at http://www.maps.google.com/help/legalnotices_maps.html) and the AUP (as located at http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html), as the same may be updated from time to time.
3.12 We reserve the right to use data from GeoComply to aid in any investigation into your online account activity.

4.Permitted participation

4.1 No one under the age of twenty-one (21) (individuals twenty-one (21) or older are referred to herein as "Legally of Age") may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement and the laws of the authorized gaming jurisdiction overseeing lawful gaming. Only players legally permitted by their respective jurisdiction may participate in wagering. It is a criminal offense to allow a person who is not Legally of Age to participate in Internet wagering. Anyone who facilitates someone not Legally of Age to use the Services has committed a criminal offense and shall be prohibited from using the Services. The Company reserves the right, in its sole discretion, to request proof of age at any stage in order to verify that persons not Legally of Age are not using the Services. The Company may terminate a person’s account and exclude a person from using the Software or the Services if proof of age is not provided or if the Company suspects that a person using the Software or the Services is not Legally of Age. Any initial deposits made by a player in such account shall be reported to the Regulators and may be subject to forfeiture or other disposal as may be directed by the Regulators pursuant to regulations. The Company may refuse to refund any bonuses or winning funds provided to or gained by a player in violation of this Agreement.
4.2 You hereby explicitly consent that We may verify Your personal information provided during the registration process, such as Your name, physical address where You reside, Your date of birth, Your driver’s license or valid government-issued identity card, Your social security number, and Your passport identification (for non US residents) to confirm: (a) that You are Legally of Age; and (b) Your identity. We may use third-party verification services to verify Your personal information, including, but not limited to, a credit reference agency or other identification verification services. In performing these checks, the third-party verification services may keep a record of Your information, and such checks could affect Your credit report. The purpose of this verification is to confirm Your age, identity and geographic location and, if required, Your source of funds. We reserve the right to verify that You have not previously self-excluded with the Company, the Regulators, another casino or any program offered by a governmental agency and that You do not otherwise remain on the Regulator’s self-exclusion list. By requesting certain documents, We reserve the right to verify Your information, including Your email address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) an identity card such as a valid passport or state-issued photo driver’s license; (b) proof of address such as a utility bill or bank statement; and (c) proof of payment method, and can be sent to Us through the methods we designate, which may include a secure/encrypted file transfer feature in the Online Software’s system tools, another location on the Online Software, or at the location designated at the Operator’s casino. In the Company’s sole discretion, We may request notarized document copies, meaning the documents must be stamped and attested to by a notary public. In the event our request for documents is not completed by You to the Company’s satisfaction, the Company may terminate the account and withhold any funds that are present therein. Any initial deposit funds in such account will be returned to You. The Company may in its sole discretion refuse to refund any bonuses or winning funds provided to or gained by the You. Should the documents fail our internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), the Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of our findings with regard to the documents. The Company reserves the right, in its sole discretion, to request additional information from You or as may be required by law. You will not be permitted full use of the Online Software or the Software unless and until your age, identity and location and, if required, Your source of funds, have been verified to the Company’s satisfaction.
4.3 You hereby explicitly consent to the Company performing background checks on You for any reason related to the Services, including, but not limited to, any investigation into Your identity, any credit checks performed on You or any inquiries into Your personal history. The basis for such investigations will be dependent on the specific case, and could include, but not be limited to, verification of Your registration details, such as the name, address and age, verification of financial transactions and verification of gaming activity. The Company shall be under no obligation to advise You of such an investigation taking place and We may use social media sites in conducting such an investigation. Such activities may also include the use of specific third-party companies who perform the investigations as required. The Company may decide, in its sole discretion, to block Your account, and withhold all funds, on the basis of such an investigation.
4.4 Under applicable law, “Key Employees” or other employees of the Company may be prohibited from wagering in any casino or simulcasting facility in the authorized gaming jurisdiction and from using the Services or creating an account with the Company. If You are a Key Employee or employee of the Company, you agree to not engage in such wagering activities, use of the Services or create an account with the Company. Contact the HR Department of the Company for any questions.
4.5 You have the right to set responsible gaming limits, which may include a deposit limit, a spend limit and a time-based limit, and to self-exclude from the Services as detailed in the Additional Rules. If You wish to increase your limits or remove Your self-exclusion, Regulators’ regulations may require that You must wait until Your current limit or self-exclusion expires before the new limit will take effect or activity is permitted. Note that the period of limitation or exclusion will be set by Us, subject to applicable laws, rules and regulations. This may include, but is not limited to, and We may, at any time, suspend your account for a period of time.
4.6 You acknowledge and agree that the Company may share your information, including, but not limited to, wagering activity, with government authorities, self-regulated bodies and other private operators or suppliers, for integrity services and with its partners, vendors and suppliers. The Company may also share your information with its parent companies, subsidiaries and affiliates, all of which may collectively use the information for any purpose in accordance with the companies’ respective privacy policies and applicable law.

5.Information technology/intellectual property

5.1 The Company hereby grants You a personal, limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable right to use the Software in connection with the Services in accordance with this Agreement. The Software’s code, structure and organization are protected by Provider’s intellectual property rights. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise attempt to derive the internal structure, functioning or other inner workings of the Software; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Software; (c) make the Software available to any third-party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); (e) use the Software in a manner prohibited by applicable laws, rules, regulations and/or this Agreement; (f) assert or imply that title or ownership rights in the Software belongs to You; (g) remove, circumvent, disable, damage or otherwise interfere in any way with any security-related feature of the Software; or (h) attempt to do any of the foregoing (together the “Prohibited Activities”).
5.1.1 You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by You in this respect.
5.2 The brand names relating to the Online Software and Services, and any other trademarks, service marks, trade names, domain names and logos used by the Company are owned by the Company and its affiliated entities and licensors (including the Operator and Provider, respectively) with respect to the Services regardless of the platform (hereinafter referred to as the “Trademarks”) and the Company and its affiliated entities and licensors (as applicable) reserve all rights to such Trademarks. You shall not use or register the Trademarks, or any confusingly similar marks.
5.3 In addition to the rights to its Trademarks, the Company or one of its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio, data and text available or accessible via the Software or on the Online Software or in connection with the Services (the “Site Content”). The Site Content is protected by copyright and/or other intellectual property rights. The End User shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content or information or work contained in the Software or on the Online Software or used in connection with the Services, except as expressly permitted herein. The End User shall not in any way alter, erase or remove any trademark notices, copyright notices, logos or other legal or proprietary designations contained on or within the Site Content.
5.4 You hereby acknowledge that, by using the Services or the Software, You obtain no rights in the Trademarks or the Site Content and You may only use the same in complete accordance with this Agreement and solely for the purpose of Your use in connection with the Services.
5.5 You agree not to upload, post, email, transmit or otherwise make available through the Services or on the Online Software any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.6 The Company respects the intellectual property rights of others and requires each End User of the Services, the Software and the Online Software to do the same. The Company may in its sole discretion immediately remove or disable any content or block or terminate the account of any End User that is found to have infringed on the rights of the Company or of a third-party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers at any time. If You believe any material available on the Online Software infringes upon a copyright, or otherwise violates Your intellectual property rights, then You should notify the Company’s Copyright Agent by providing the following information:
5.6.1identify the copyrighted work or other intellectual property that You claim has been infringed;
5.6.2identify the material on the Online Software that may be an infringement with enough detail so that We may locate it on the Online Software;
5.6.3a statement by You indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5.6.4a statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
5.6.5Your address, telephone number and email address; and
5.6.6Your physical or electronic signature.
5.7 The Company’s designated agent for notices of claims of copyright or other intellectual property infringement is:
Elite Sportsbook
Attn: Legal Department
3184 IA-22,
Riverside, IA 52327

6.Your representations and undertakings

In consideration of the rights granted to You to use the Services and the Software, You represent, warrant, covenant and agree that the following representations are true to the best of Your knowledge and belief.

6.1 As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for Your own actions, and, at any time you engage in real-money play on the Online Software, You will be physically located within the physical boundaries of the authorized gaming jurisdiction whenever attempting to engage in real money play.
6.2 All information provided by You to the Company either during the registration process or at any time thereafter, including, but not limited to, as part of any payment deposits, withdrawals or any other financial transaction or investigation are true, current, correct, complete and match the full name(s) on the debit card(s) or other payment accounts including, but not limited to, payment via online wallets or the automatic clearing house (ACH online check transfers) or commonly referred to as “E-Checks” to be used to deposit or receive funds in Your account. You shall ensure that funds deposited into Your account from a financial institution shall not be transferred out of Your account to a different financial institution, except as permitted by applicable law, rules and regulations. You shall ensure that You have sufficient available funds prior to conducting any wagering activities. The Company does not extend credit to any player for any reason for wagering or playing or any related activities on the Online Software. You will promptly notify Us of any changes to details previously provided by You to the Company. From time to time, You may be requested to provide Us with certain documents to verify the details of source of funds, payment methods, including, but not limited to, the debit card or other deposit or withdrawal methods used by You to deposit or withdraw money to or from Your account, and to verify the authenticity of such documents. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its sole discretion, to cancel a withdrawal request. Depending on the outcome of these verification checks, You may or may not be permitted to deposit further monies with the debit card or other deposit methods previously used by You. Should any of the information that You provide to Us be untrue, inaccurate, misleading or otherwise incomplete, You will be in breach of this Agreement, and We reserve the right to terminate Your account immediately and/or prevent You from using the Software or the Services, in addition to any other action that We may choose to take. You shall not transfer any funds to any other player or account holder.
6.3 As the End User, Your account with the Company is solely for Your benefit. You shall not allow anyone (including a relative) to use Your account, password or identity to access or use the Services or the Software, and You shall be fully responsible for any activities undertaken on Your account by a third-party. You will not reveal Your account username or password to any person and You shall take all steps to ensure that such details are not revealed to any person. You shall inform Us immediately if You suspect that Your account is being used by a third-party, and/or any third-party has access to Your account username or password so that We may investigate such matter, and You will cooperate with Us, as We may request, in the course of such investigation.
6.4 As the End User, You are responsible for the security of Your username and password on Your own computer and any device on which the Software is or may be accessible including, but not limited to, an Internet access location. It is Your responsibility if Your username and password combination is “hacked,” which may result from a virus or malware present on the computer or mobile device from which You access Your account. You should report any possible hacking attempts or security breaches from Your computer or mobile device immediately to the Company. It is Your responsibility to maintain the physical and logical security of and to configure Your computer’s and/or mobile device’s auto lock features to protect from unauthorized access and use.
6.5 As the End User, You fully understand the methods, rules and procedures of the Services and Internet gambling in general. You understand that it is Your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
6.6 As the End User, You are fully aware that there is a risk of losing money when engaging in gaming activities, including by use of the Services, and that You are fully responsible for any such loss. You agree that Your use of the Services is at Your sole option, sole discretion and risk. In relation to any loss, You shall have no claims whatsoever against the Company, any company within the same group of companies as the Company, the Company’s licensors or service providers or their respective directors, officers, members, employees, service providers, agents or any affiliates of any of the foregoing.
6.7 You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation or other authority on any payouts, winnings or prizes paid to You by the Company or any other related or affiliated entity, subject to applicable local, state and/or federal tax laws and regulations. You also acknowledge that the Company is required to report certain payouts, winnings, prizes and other payments to state and federal governments. To enter a sweepstakes promotion, you must be a legal resident of the United States. Sweepstakes offers are void where prohibited.
6.8 You agree to provide the Company with identification at any time as may be requested, including identification information at certain thresholds of wagers and payouts.
6.9 As the End User, You are solely responsible for any and all telecommunication network and Internet access services fees and costs, and all other consents and permissions required in connection with Your use of the Software and the Services. In case of any disconnection or interference with the connection or any alteration to Your system made by You, the Company may not guarantee that the Software shall recall Your exact status prior to the disconnection event, provided, however, that, consistent with the detail set forth in Section 23.1 of this Agreement, in the event of a network disconnection, the Software may provide You with the ability to view a round of play completed prior to or during the period of disconnection, or to resume play of a game suspended as a result of such disconnection if a determination has not yet been made as to the outcome of the specific round of play in progress at the time of the disconnection.
6.10 As the End User, You shall act in good faith at all times in terms of Your use of the Services, the Online Software and the Software and your interactions with the Company and the other players using the Services. In the event the Company determines that You have been using the Services, the Website or the Software in violation of any applicable law, rules, regulations, terms, conditions, or policies and/or to cause direct or indirect harm or injury to the Company or its respective licensors or service providers, or any End User of the Services, the Website or the Software, the Company shall have the right, subject to any applicable law, to terminate Your account and/or use of the Services and any other accounts You may hold with the Company, and the Company shall be entitled to retain all monies therein. You hereby expressly waive any claims against the Company and its licensors and service providers in such regard, including, but not limited to, future claims or any indirect, consequential, incidental or special damages, subject to any applicable law.
6.11 As the End User, You acknowledge and agree that should You choose to self-exclude from the Services, You shall not be permitted, and You expressly agree to not attempt, to access any account You have opened with the Company or use the Services, or to open or use a new account with any other website operated by the Company or use the Services, during Your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. Unless Your self-exclusion has otherwise been reported to Us by the Regulators, should You choose to self-exclude from the Services, You acknowledge that we are required to report Your self-exclusion to the Regulators. In the event You are in breach of the foregoing, the Company may block any new account You open with another Online Software operated by the Company, refund any funds You may deposit (or have previously deposited) therein, and shall not be liable to refund You any funds You may have wagered or won through such account. The Company may report Your breach of the foregoing to the Regulators. Any payouts, winnings, prizes or other payments by a self-excluded End User during the End User’s period of self-exclusion will be impounded by the Company, reported to the Regulators and will be subject to the Regulator’s forfeiture procedures.
6.12 Coaches, athletic trainers, officials, players, or other individuals who participate in an authorized sporting event that is the subject of sports wagering, or persons who are employed in a position with direct involvement with such aforementioned persons, are strictly PROHIBITED from sports wagering at elitesportsbook.com, or from sports wagering at Riverside Casino and Golf Resort, Rhythm City Casino Resort or Grand Falls Casino Resort.
6.13 You hereby grant the Company and/or the Regulators Your consent to monitor and record Your wagering communications and geographic location information at all times, and You shall have no claims against the Regulators or the Company and its Affiliates, licensors or service providers in such regard.

7.Prohibited use of the sites and services

7.1 As the End User, You declare that the source of funds used by You for gambling on the Online Software and using the Services is not illegal and that You will not use the Online Software, the Services or the Software in any way as a money transfer system. You will not use the Online Software, the Services or the Software for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under federal laws and/or the laws of the authorized gaming jurisdiction in which your account was opened, the regulations of the Regulators and/or any directives or instructions of the Regulators. If the Company has a suspicion that You may be engaging in or have engaged in fraudulent, unlawful or improper activity including, but not limited to, money laundering activities, or conduct otherwise in violation of this Agreement, Your access to the Services may be terminated immediately, Your account may be blocked, locked or terminated and any monies, including your access to the monies, on account may be blocked, forfeited and/or turned over to governmental authorities. Subject to the approval of the Regulators, if Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any funds (including any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account. In addition to terminating Your access to the Services and/or blocking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Online Software and any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities and self-governing bodies, other online service providers, including, but not limited to, other operators or suppliers of gaming related products and services, and banks, electronic payment providers or other financial institutions (together “Interested Third-Parties”) of Your identity and of any suspected unlawful, fraudulent or improper activity. Furthermore, You may be placed on the Regulator’s or the Company’s exclusion list. As the End User, You agree to fully cooperate with the Company to investigate any such activity.
7.2 The Company and its third-party service providers have developed and employ sophisticated technology intended to seek out and identify persons making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures. If the Company believes, in its sole discretion, that You are in breach of this clause, the Company may terminate Your access to the Services immediately and/or have Your account terminated or locked, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all Your accounts, and You being barred from future use of the Services. The Company reserves the right, in its sole discretion, to inform Interested Third-Parties of Your breach. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any of the funds (including, but not limited to, any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points and bonuses being forfeited, subject to Regulators’ approval, as applicable. In addition to terminating Your access to the Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Online Software and any of the Company's other websites or servers, or accessing any other properties, products or services offered by the Company.
7.3 The use of any automated tool designed to provide assistance in betting decisions, to exchange gaming histories of other End Users or used in any way in connection with Your use of the Services, regardless of whether such automated tool creates an unfair advantage for You over other End Users, is strictly prohibited. Therefore, the use of software, external devices, programs or applications for such purposes is strictly prohibited. You shall not use any software program which, in the Company’s opinion, is endowed with artificial intelligence (hereinafter referred to as “AI Software”) in connection with Your use of the Services. We constantly review the use of the Services in order to detect the use of AI Software, and in the event that We deem it has been used, the Company reserves the right, in its sole discretion, to take any action We deem fit, including, but not limited to, immediately blocking access to the Services to the offending End User and terminating such End User’s account. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any of the funds (including, but not limited to, any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points and bonuses being forfeited, subject to Regulators’ approval. In addition to terminating Your access to the Services and/or blocking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Online Software and any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company.
7.4 You shall not intentionally disconnect from gaming activities while engaging with the Online Software. If, in the Company’s sole discretion, You are in breach of this clause, the Company may terminate Your access to the Services immediately and/or have Your account locked. The Company shall be under no obligation to refund You any monies that may be in Your account, with such funds being forfeited, subject to Regulator’s approval. In addition to terminating Your access to the Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing any of the Company’s other websites or servers, or accessing any other properties or services offered by the Company.
7.5 If We have reason to suspect that an account or group of accounts are operating systematically (for example, employing specific wagering techniques or wagering as a group), the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund You any funds (including, but not limited to, any deposited funds and/or winnings) or provide You with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points and bonuses being forfeited, subject to Regulators’ approval.

8.Your account

8.1 Your account is for Your sole personal use only and shall not be used for any professional, business or commercial purpose. You agree to safeguard and maintain the security of your account information and the devices you use to access the sports wagering products and services. You also agree that the account you signed up for is solely Yours and you will never share Your account information or let anyone use or place bets on Your behalf as prohibited by applicable law, regulation and rules.
8.2 All transactions where Your username and password have been entered correctly will be regarded as valid whether or not authorized by You. Therefore, it is imperative that You maintain the physical and logical security of Your devices, access points, username and password at all times and not divulge your username or password to third-parties.
8.3 Monies held in Your account shall not earn interest.
8.4 If You do not access Your account by "logging on" for such period of time set by the applicable Regulator, such as three (3) years in Iowa, Your Account will be considered a "dormant account".
8.4.1 Once an account falls into dormant account status: a letter will be mailed to Your address of record stating that Your account has become dormant and will be inactivated and any funds remaining in Your account can be used to place a wager or withdrawn; however, if Your account remains inactive then Your funds will be sent to the State of Iowa as part of the Great Iowa Treasure Hunt.
8.5 We reserve the right to limit or refuse any bet, stake or other wager made by You or through Your account.
8.6 You may not sell or attempt to sell or otherwise transfer any deposits, payouts, winnings, chips, bonuses, prizes or any other payments or related items to any other individual or entity. If the Company finds evidence of such a sale or attempted sale, the Company may terminate or lock Your account. If Your account is terminated or locked in such circumstances, the Company is under no obligation to refund You any or all of the funds (including, but not limited to, any deposited funds and/or winnings) or provide you with access to any rewards points or bonuses that may be in Your account, with such funds, rewards points or bonuses being forfeited, subject to Regulators’ approval.
8.7 The Company will make available to You, upon reasonable request, account statements detailing Your account activity.
8.8 By opening an account, you agree to be assigned additional accounts in one or more jurisdictions at the discretion of the Operator, including, without limitation, gaming, wallet or other accounts.
8.9 You are responsible for reviewing your wagers prior to and after placement in order to verify each wager was successfully made and is accurate. You must immediately notify the Company regarding any error or discrepancy. The Company accepts no responsibility for wagers that may have been submitted and not confirmed by our systems or otherwise accepted by the Company.

9.Payment transactions and payment fraud

9.1 You are fully responsible for paying all monies owed to the Company and for any expenses, fees or other charges imposed by or otherwise required for payment services. You will not make or attempt to make any chargebacks, and/or deny or reverse any payment that You have made, and You will reimburse the Company for any chargebacks, denial or reversal of payments You make and any loss suffered by the Company as a consequence thereof. The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain End Users or to End Users paying with certain payment methods, including, but not limited to, debit card, pre-paid card or ACH/e-check. You agree that the Company may collect any monies owed by You to the Company from You and from any accounts, including, but not limited to, accounts provided in connection with the Services or financial institution accounts, You make the Company aware of, without any further notice being required.
9.2 The Company reserves the right, in its sole discretion, to use third-party electronic payment processors and/or financial institutions to process payments made by and to You in connection with Your use of the Services. To the extent that they do not conflict with the terms of this Agreement, You agree to be bound by the terms and conditions of such third-party electronic payment processors and/or financial institutions and the terms and conditions of any other third-party service provider who provides third-party services through the Services or the Online Software.
9.3 In the case of a suspected fraudulent payment, including, but not limited to, use of stolen credit cards provided to a financial institution or vendor, or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment or dispute or fraud relating to ACH/e-checks), the Company reserves the right, in its sole discretion, to block an End User’s account, reverse any payout made to the End User, recover any funds paid to the End User’s account by the Company, and recover any losses incurred by the Company as a result of any fraudulent activity by the End User. The Company may inform any relevant authorities or entities (including, but not limited to, credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. Under no circumstances shall the Company, any third-party financial institution or vendor be liable for any unauthorized use of credit or debit cards, irrespective of whether or not the credit or debit cards were reported stolen.
9.4 Each deposit into Your account must be from a single payment source, including, but not limited to, a debit card, pre-paid card or ACH/e-check on which You are a named account holder.
9.5 You authorize our third-party payment vendors to initiate debit and credit entries to the account at the depository financial institution for which You have provided information. The debit for a transaction can post at Your financial institution within twenty-four (24) hours after You initiate a transaction. You further authorize all transactions at any participating third-party payment vendor to be debited from the same checking account, and such future debits will take place only when initiated by You and a receipt will be provided upon request by the participating third-party payment vendor for each debit You initiate for the account. Your authorization will remain in effect until such third-party payment vendor received written notification by You of its termination and up to thirty (30) days has been allowed to process the request. You understand that checks or debits returned unpaid by Your financial institution are subject to a service charge, which also may be debited electronically from Your account or collected using a bank draft drawn from Your account.
9.6 Any dispute with or initiated by an End User and arising out of or relating to the third-party payment vendor services shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the State of Iowa. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
9.7 You expressly authorize Company and any third-party vendor and its or their affiliates to contact You, via auto-dialer, pre-recorded messages or any other method, on any of Your phone numbers, residence address or email addresses provided.
9.8 When You wish to withdraw money from Your account, payments generally will be made as soon as reasonably possible (which may require three (3) to five (5) business days internal processing time). However, if at the time of a withdrawal request, You have any deposits which are pending receipt of confirmation of funds (e.g., deposits by check, ACH, wire transfer or other deposit methods), the Company reserves the right, in its sole discretion, to delay any withdrawal payment until such deposited funds have been confirmed by Your banking institution. Additionally, You may experience additional delays due to any security review undertaken by Us, or whenever any other provision of this Agreement allows or requires Us to hold a payment. Should You fail to provide the Company with, or fail to verify the authenticity of, any documents requested by the Company relating to Your identification or any deposit or withdrawal method used by You, the Company reserves the right, in its sole discretion, to cancel a withdrawal request. Once a withdrawal has been approved by the Company, the Company is not responsible for any third-party financial clearing process that delays Your payment from being received.

10.Bonuses

10.1 All promotions, bonuses or special offers are subject to the express terms of any bonus offered on the Online Software and promotion-specific terms and conditions, if applicable, and any bonus credited to Your account must be used in adherence with such terms and conditions. By accepting a promotion, bonus or special offer available on the Online Software, You consent to the terms and conditions of such promotion, bonus or special offer and acknowledge that, as a general rule, wagers must always be placed with cash balances before promotion, bonus or special offer balances can be used to wager. We reserve the right to withdraw any promotion, bonus or special offer at any time. Promotion, bonus and special offer funds and any winnings derived therefrom, which have not been converted to cash, may be forfeited (a) when a new bonus is accepted; (b) upon withdrawal of all or any portion of a cash balance; (c) upon deposit and acceptance of a deposit bonus match; or (d) under other circumstances that may be identified in the separate terms and conditions of a specific bonus program or offer. Other promotion, bonus or special offer types may require that the wagering requirement of the current promotion, bonus or special offer balance be added to the wagering requirement of the new promotion, bonus or special offer. In other words, these promotions, bonuses or special offers and their associated wagering requirements are combined. See the particular promotion, bonus or special offer terms and conditions for additional details. No promotion, bonus or special offer will be accepted or honored by the Company following the expiration date of the promotion, bonus or special offer, unless the Company, in its sole discretion, chooses to do so for any particular End User, promotion, bonus or special offer. Expiration dates may be set forth in the specific rules or terms and conditions of the particular promotion, bonus or special offer. Furthermore, the Company reserves the right, in its sole discretion, to change or modify any term, condition, rule or policy with respect to the earning or expiration of loyalty points. Without limiting the generality of the foregoing sentence, loyalty points will expire after such period of inactivity as set by the Company.
10.2 In the event that the Company believes an End User of the Service is abusing or attempting to abuse a promotion, bonus, special offer or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any End User any promotion, bonus, special offer or other promotion, or rescind any term, condition, rule or policy with respect to that End User, either temporarily or permanently, or terminate that End User’s access to the Services and/or lock and/or terminate that End User’s account.
10.3 The opening of multiple accounts on the Online Software or on any other sites owned and/or operated by the Company in bad faith for the purpose of accumulating promotions, bonuses or special offers shall be considered abusive behavior.
10.4 In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company’s promotions, bonuses or special offers or have executed any other act in bad faith in relation to a promotion, bonus or special offer offered on the Online Software or on any other sites owned and/or operated by the Company, the Company shall have the right to terminate that Your access to the Services and/or lock and/or terminate Your account lock or terminate Your accounts with the Company, and in such circumstances, the Company shall be under no obligation to refund You any promotion, bonus or special offer funds or winnings that may be in Your accounts according to applicable regulation and subject to Regulators’ approval. Without limiting the generality of the foregoing and by way of example and not limitation, the Company may deem activities such as minimal risk wagering (for example, placing opposing bets on the same event or game) to be taking advantage of the Company’s promotions, bonuses or special offers or an act in bad faith in relation to a promotion, bonus or special offer, thus enabling the Company to exercise its sole discretion under the terms of this Section 10. Similarly, and again without limiting the generality of the foregoing and by way of example and not limitation, the Company may deem activity such as using multiple accounts, closing and reopening accounts, irregular betting patterns or other activity that violates the intent of a promotion, bonus or special offer to be abuse, enabling the Company to exercise its sole discretion under the terms of this Section 10.

11.Obligations of the company

11.1 The Company has no obligation to check whether anyone is using the Services, the Online Software or the Software in accordance with this Agreement or the Additional Rules, as updated from time to time.
11.2 The Company may investigate or pursue complaints made by a person against any other End User using the Services and may take any action in connection therewith, or take any action against an End User for any reason, including, but not limited to, for violating this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so.
11.3 The Company shall not be liable if You misplace, forget or lose Your username or password because of anything other than the Company’s error. If you misplace, forget or lose your username or password, you may be able to retrieve or reset this information via the Online Software.

12.Dispute resolution

12.1 All claims or disputes should be raised with the Company’s customer service department also you can visit elitesportsbook.com/info/dispute in a timely manner to allow the Company to promptly respond to the End User.
12.2 You accept and agree that outcomes of events and games may be determined by third-party sources and may be provided through multiple and/or third-party systems and services required in connection with the Services and where the result shown on the Software (as installed and operated by Your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. By way of example and not limitation, sports data providers will determine the outcome of events or games. You acknowledge, understand and agree that, without prejudice to Your other rights and remedies, the Company records shall be the final authority in determining the outcomes of events and games.
12.3 You acknowledge, understand and agree that, without prejudice to Your other rights and remedies, the Company records shall be the final authority in determining the terms of Your use of the Services, the Online Software, and the Software, and You shall have no right to dispute the Company’s decisions in regard to such matters.
12.4 In the event that You have exhausted all reasonable means in resolving a complaint which You may have in relation to the Services, the Online Software or the Software, You may contact the applicable Regulator. elitesportsbook.com/info/dispute

13.No warranty

13.1 THE SERVICES, THE ONLINE SOFTWARE AND THE SOFTWARE ARE PROVIDED “AS IS”. THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, COMPLETENESS OR ACCURACY OF THE SERVICES, THE ONLINE SOFTWARE, OR THE SOFTWARE OR INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR ANY APPLICABLE LAWS, RULES AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICES, THE ONLINE SOFTWARE AND THE SOFTWARE LIES WITH YOU.
13.2 THE COMPANY MAKES NO WARRANTY THAT THE SERVICES, THE ONLINE SOFTWARE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE ONLINE SOFTWARE AND THE SOFTWARE OR THE SYSTEMS, SERVERS, NETWORKS OR OTHER INFRASTRUCTURE OR COMMUNICATIONS EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS, OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES, THE ONLINE SOFTWARE OR THE SOFTWARE.
13.3 A MALFUNCTION VOIDS ALL PAYS. IN THE EVENT OF SYSTEMS, SERVERS, NETWORKS OR OTHER INFRASTRUCTURE OR COMMUNICATIONS EQUIPMENT ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES, THE ONLINE SOFTWARE OR THE SOFTWARE OR RESULTING IN LOSS OF DATA OR PAYOUTS, WINNINGS, PROMOTIONS, BONUSES, PRIZES OR ANYTHING ANALOGOUS THERETO BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE EQUIPMENT OR SOFTWARE, THE COMPANY SHALL NOT IN ANY WAY BE LIABLE TO YOU AND THE COMPANY MAY VOID ANY AND ALL ACTIVITY, INCLUDING, BUT NOT LIMITED TO, WAGERS, EVENTS OR GAMES IN QUESTION AND ANY AND ALL PAYMENTS, WITHDRAWALS, DEPOSITS OR OTHER TRANSFERS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS. THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP OR FAIL OVER INFRASTRUCTURE, NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. YOU EXPRESSLY CONSENT TO THE COMPANY VOIDING ANY WAGERS THAT ARE PROHIBITED BY APPLICABLE LAW, RULES AND REGULATIONS AND THE TERMS, CONDITIONS AND POLICIES OF THE COMPANY, INCLUDING, BUT NOT LIMITED TO, WAGERS ON PROHIBITED MARKETS,
13.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE ONLINE SOFTWARE.

14.Limitations of liability

14.1 You acknowledge and agree that You are free to choose whether to use the Services, the Online Software and the Software, and do so at Your sole option, sole discretion and risk.
14.2 Neither the Company nor its respective affiliated companies, members, employees, partners, directors, agents, subsidiaries, related parties or any third-party product or service provider (the “Affiliates”) or their respective third-party licensors shall be liable to You or any third-party in contract, tort, negligence or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use or any third-party’s use of the Software, the Online Software or the Services, whether direct or indirect, including, but not limited to, damage for loss of business, loss of profits (including, but not limited to, loss of or failure to receive anticipated winnings), business interruption, loss of business information or any other indirect, consequential, incidental or special damages (even where We have been notified by You of the possibility of such loss or damage).
14.3 Neither the Company nor its respective Affiliates or their respective third-party licensors shall be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use of any link contained on the Online Software or otherwise via the Services. The Company and its respective Affiliates and third-party licensors are not responsible for the content contained on any Internet site linked to or from the Online Software or otherwise via the Services.
14.4 The Company, its respective Affiliates, and their respective third-party licensors shall not be liable to You or any third-party for any modification to, suspension of or discontinuance of the Services, the Online Software or the Software.
14.5 In the event that the Services, the Online Software or the Software fail to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Services, the Online Software or the Software, or their respective content, or any error or omission in content, natural disasters, fire, flood, civil commotion, acts of a government, breakdown of power supplies, cyberattacks, labor disputes or any other factors beyond our control: (a) the Company and its respective Affiliates, and their respective third-party licensors will not be responsible for any loss, including, but not limited to, loss of winnings and any indirect, consequential, incidental or special damages, that may result from the circumstances detailed in this paragraph; and (b) if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error, and shall repay any winnings credited to Your account in error to the Company (as directed by the Company) or the Company may, in its sole discretion, deduct an amount equal to those winnings from Your account, set off such amount against any money owed to You by the Company or take other action to collect any money owed, as permitted under law, gaming regulations or otherwise by the Regulators.

15.Breach of terms and conditions

15.1 You shall fully indemnify, defend and hold the Company and its respective Affiliates, third-party service providers and licensors and their respective officers, directors, members and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including, but not limited to, legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
15.1.1any breach of this Agreement and the Additional Rules by You;
15.1.2any violation by You of any law or the rights of any third-party;
15.1.3any use by You of the Services, the Online Software or the Software or use by any other person accessing the Services, the Online Software or the Software using Your username, password, or any other personal information, whether or not with Your authorization; or
15.1.4acceptance of any winnings You are not otherwise legally authorized to receive, whether by the Company’s or any of its third-party service provider’s error or omission.
15.2 In addition to any other remedy available to the Company, if You breach any of the terms and conditions of this Agreement or any Additional Terms or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement or any Additional Terms, Your winnings may be forfeited in the sole discretion of the Company, and the Company may retain any positive balance then existing in Your account on account of any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account termination and/or legal action being taken against You.

16.Duration and termination

16.1 This Agreement shall be in full force and effect immediately upon Your completion of the registration process and shall continue in full force and effect, and as updated from time to time by the Company, unless and until terminated in accordance with its terms.
16.2 We may terminate this Agreement and Your account (including, but not limited to, Your username and password) immediately and without notice:
16.2.1in the event that the Company decides, for any reason, to discontinue to provide the Services, the Online Software or the Software in general or specifically to You;
16.2.2in the event the Company believes You have breached any of the terms of this Agreement or the Additional Rules;
16.2.3in the event Your use of the Services, the Online Software, or the Software has been in any way improper, abusive or breaches this Agreement or the Additional Rules;
16.2.4in the event Your account is associated in any way with any existing account that has been terminated, or if Your account is associated with, or related to, existing locked accounts, We may terminate Your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;
16.2.5upon instruction of the appropriate law enforcement agency or regulatory body; or
16.2.6for any other reason the Company may determine in its sole discretion.
16.3 Unless otherwise provided herein, or as may be required by law, rule or regulation, on termination of this Agreement any balance in Your account to which You are entitled will be returned to You within a reasonable time of Your request, subject to the Company’s right to deduct any amounts owed by You to the Company.
16.4 You may terminate this Agreement and Your account (including, but not limited to, Your username and password) at any time by sending an email to the Company at [email protected]. Such termination is to take effect upon the Company terminating Your account (including, but not limited to, username and password); provided that You shall remain responsible for any activity on Your account after sending the email requesting termination of Your account by the Company.
16.5 On termination of this Agreement, You shall:
16.5.1discontinue the use of the Services, the Online Software or the Software;
16.5.2pay all amounts due and owing to the Company; and
16.5.3remove and permanently delete the Software from Your computer equipment and/or mobile device and destroy all related documentation in Your possession, custody, power or control.
16.6 The clause providing the right to terminate this Agreement by either party shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
16.7 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations that have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement.
16.8 In addition to terminating Your access to the Services and/or locking Your account, the Company reserves the right, in its sole discretion, to prevent You from accessing the Services, the Online Software or the Software and any of the Company’s other websites or servers, and You shall have no claims against the Company in such regard.
16.9If You have previously self-excluded under our responsible gaming program, under any other gaming site, including, but not limited to, any of the brands operated under the Company’s umbrella, or under any state-sponsored program, it is Your responsibility to refrain from opening new accounts during the period of such exclusion. While the Company will take reasonable steps to deny access, it is Your obligation to refrain from opening new accounts in any of the brands operated by the Company. If You do open any new accounts, We will close all accounts as soon as detected. Neither the Company or any of its respective Affiliates shall be obligated to refund You any funds You may have wagered or won through such account. You shall indemnify and hold harmless the Company from and against all claims, demands, liabilities, damages, losses, costs and expenses, including, but not limited to, legal fees and any other charges whatsoever, arising out of or resulting from Your failure to abide by the self-exclusion.

17.General

17.1If any part of this Agreement is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms.
17.2 No waiver by Us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third-parties.
17.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and the Company or any of its respective Affiliates or third-party licensors.
17.5 This Agreement, together with the Privacy Policy and the Additional Rules, as updated or modified by the Company from time to time, contain the entire agreement between the Company and You, relating to Your use of the Services, the Online Software or the Software and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representations other than this Agreement, the Privacy Policy and the Additional Rules.
17.6 The Company reserves the right, in its sole discretion, to transfer, assign, sub-license or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
17.7 As the End User, You agree not to transfer, assign, sub-license or pledge in any manner whatsoever any of Your rights or obligations under this Agreement. You acknowledge that the Operator and Provider are beneficiaries of this Agreement.
17.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including, but not limited to, on any amounts standing to the credit of Your account.
17.9 Pursuant to state and/or federal law and regulations, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to You. By using the Services, the Online Software or the Software, You agree to comply in full with all applicable tax laws, and hereby release the Company from any liability associated with Your compliance therewith or any actions taken by the Company related thereto.
17.10Paragraph and section headings in this Agreement are inserted for convenience of reference only, shall not be deemed to be a part of the Agreement and shall not define or affect the meaning, construction or scope of any of the provisions of this Agreement.

18.Regulations

Notwithstanding anything contained herein, the Services, the Online Software or the Software are provided in accordance with, and subject to the provisions of the laws, rules and regulations of the jurisdiction in which your account is opened, and the terms, conditions, rules, policies and internal controls developed by the Company for the operation of the Online Software.

19.Chat Feature

19.1 As part of Your use of the Services, the Company may provide You with an email, chat or other communication feature through which You will be able to communicate with the Company or other End Users of the Service. The Company reserves the right, in its sole discretion, to review chat communications and to keep records of all statements made through such feature. Your use of the chat feature is subject to the following rules:
19.1.1You shall not make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, hatred or profanity;
19.1.2You shall not make statements that are abusive, knowingly untrue, defamatory, harassing or insulting to the Company or other End Users of the Service;
19.1.3You shall not make statements that advertise, promote, reference, compare or otherwise relate to any other commercial entities or third party services;
19.1.4You shall not make statements about the Company and/or its respective Affiliates, third-party licensors or third-party service providers, or the Services, the Online Software or the Software or any other Internet site connected to the Company and/or its respective Affiliates, third-party licensors or third-party product or service providers that are untrue and/or malicious and/or damaging to the Company and/or its respective Affiliates, third-party licensors or third-party product or service providers, the Services, the Online Software or the Software or any other Internet site affiliated with the Company and/or its respective Affiliates, third-party licensors or third-party product or service providers;
19.1.5while the Company is aware that English is not the first language of some of the End Users, this is the only language used and usable in the Service’s communication tools; and
19.1.6in the event of Your breaching any of the above provisions relating to the communication tools, the Company shall have the right to remove Your access to the communication tools or even temporarily or permanently terminate and/or lock Your account.
19.2 Please note that, when using the communication tools, any personally identifiable information that You submit, can be read, collected or used by the Company and other End Users of the same communication tools and could be used by third parties to send You unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that You choose to submit via the communication tools.

20.Customer service department and special promotions

20.1 For service quality assurance, contact made by You to the Company’s customer service department may be recorded and collected.
20.2 You hereby expressly consent (“opt-in”) to the Company using the contact details provided by You on registration (or attempted registration), including, but not limited to, phone numbers, residence address and email addresses, to occasionally contact You directly in relation to Your use of the Services or any other products or services offered by the Company and its respective Affiliates, third-party licensors or third-party product or service providers from time to time.
20.3 The Company will not tolerate any abusive behavior exhibited by End Users of the Service to the Company’s or its service provider’s employees. In the event that the Company, in its sole discretion, deems that Your behavior, via telephone, live chat, email, or otherwise, has been abusive or derogatory towards any of the Company’s or its Affiliate’s or third-party service provider’s employees, the Company shall have the right to block or terminate Your account with the Company.
20.4 The Company, its respective Affiliates, third-party licensors or third-party product or service providers may, from time to time, offer You promotions, bonuses or special offers. These promotions, bonuses or special offers may be communicated to You by various means, including, but not limited to: (i) email; (ii) telephone; (iii) SMS text message; (iv) live chat or other communication tools; and (v) additional windows opening from within the Software.
20.5 The Company shall provide You with an opt-out option in relation to various types of marketing communications from the Company and should You choose to opt-out from communications, the Company shall respect Your wishes in such regard.

21.Governing law and waiver of jury trial

This Agreement, including the Additional Rules and Privacy Policy, and the relationship between the parties, and any disputes or controversies arising on the subject of the Services, the Online Software or the Software shall be governed by, and interpreted in accordance with, the laws of the state in which your account was opened. You hereby consent to the exclusive jurisdiction of the courts in the jurisdiction in which your account was opened to resolve any disputes arising out of this Agreement and the jurisdiction of the courts in the State of Iowa. YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION OR OTHER DISPUTE ARISING OUT OF OR WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT, INCLUDING THE ADDITIONAL RULES AND PRIVACY POLICY. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT COUNSEL WITH RESPECT TO THIS WAIVER.

22.Language discrepancies

This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.

23.Player disconnection

23.1 The following provisions apply in the case of End User disconnection from the network server while using the Services, the Online Software or the Software:
23.1.1in the case where no End User input is required to complete the wager or game and the wager or game play is accepted by the Software and the Company, the Software and records of the Company will be determinative as to the acceptance of the wager or game play and, upon reconnection, the wager or game play will be reflected in the account history available to the End User;
23.1.2in the case where End User input is required to complete the wager or game and the wager or game play is not accepted by the Software and the Company, the Software will not record the wager or game play and, upon the reconnection of the End User to the network, the End User can continue using the Software and provide the input necessary to wager or game play, which may not be at the same state prior to the disconnection; and
23.1.3in the case where the Location Service has, at the outset of placing a wager or a gaming session, verified the End User’s physical presence in the authorized gaming jurisdiction but, at a later point in the gaming session, fails to successfully verify the End User’s continued physical presence in such jurisdiction, the Software and records of the Company will be determinative as to the acceptance of the wager or game play at the time of the subsequent failed location verification.
You acknowledge and agree that, notwithstanding anything to the contrary, (i) the Company and its records shall make the final determination with respect to any gaming activity, including, but not limited to, whether a wager was placed, pricing, odds and game play and (ii) the Company cannot be held, and You shall not hold the Company, liable for failure of any equipment, technology or services, wherever physically located or provided, which prevents the placement or acceptance of wagers or contact with the Company.

24.Errors and potential errors

24.1 The Company strives to ensure that no errors are made with respect to wagering opportunities, including markets, odds, pricing, bet placement, acceptance, grading and settlement or the crediting or debiting of funds to accounts. Nevertheless, errors may arise, including as a result of human, software and/or system errors, bugs or defects, conflicts or failures of any software or system to operate in accordance with the rules of the relevant event, wager, product or service, communication, timing or display errors, changes in any applicable law, regulations, rules, decisions or policies of a government or sporting agency or body or any other errors or failures that may arise.
24.2 If errors do arise, you acknowledge, understand and agree that the Company may take corrective action to resolve any error or potential error, including the canceling, voiding or refunding of any wagers or winnings and crediting or debiting of your account to resolve the error, you will cooperate with the Company in resolving any errors or potential errors and returning any funds or winnings to the Company that may have been paid to you as a result of such error or potential error, including the Company reclaiming such funds or winnings from your account and at all times, the Company reserves the right to correct or otherwise resolve any error or potential error in its sole discretion.
24.3 For example, if an error or potential error occurs in the transmission of odds or prices, wagers will be settled at the correct price at the time of acceptance as determined by the Company. If the Company accepts a wager on an event where offering wagering on the event itself was in error or otherwise not permitted, the Company may void the wager, reverse any winnings credited to your account that are related to such voided wager and return to you the amount you initially wagered.
24.4 It is your responsibility to immediately notify the Company and to cooperate with the Company in resolution of any error or potential error related to your wagering or account activity.
24.5 If you have used or withdrawn any funds that have been credited or awarded to your account as a result of an error, including the use of such funds for the placement of wagers, you agree that the Company may cancel such wagers and/or withhold any winnings from such wagers and that you will hold any funds credited to your account from such wagers in trust for the Company and return such funds to the Company upon demand for payment by the Company.
24.6 By using the wagering products or services provided by the Company, you acknowledge, understand and agree that the Company reserves the right to cancel, remove or otherwise change any of the services at any time.

 

PLEASE PRINT AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS. THIS AGREEMENT MAY BE AMENDED BY THE COMPANY FROM TIME TO TIME AND THE COMPANY WILL REQUIRE YOU TO ACKNOWLEDGE YOUR ACCEPTANCE OF ANY SUCH AMENDMENT.