Effective date: October 3, 2019
By using the Services, you agree to these Terms. You must not use the Services if you do not agree to any part of these Terms. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind the entity to these Terms.
Only individuals who are both at least 21 years of age and residents of the United States are permitted to use the Services. You represent and warrant that you are both at least 21 years of age and a resident of the United States.
For purposes of these Terms, “Your Content” means any information that you choose to submit on the Websites and the Apps. As between you and us, you retain ownership of Your Content. You assume all risks associated with Your Content, including any reliance on its quality, accuracy, or reliability. You represent and warrant that you own or have the necessary authorizations, licenses, and consents to use, and permit the use of, Your Content. You are not permitted to imply that Your Content is in any endorsed or sponsored by BetMaps. You grant to us (and users of the Services) a non-exclusive, worldwide, perpetual, transferable, assignable, sublicensable, royalty-free, irrevocable license to use, reproduce, adapt, publish, translate, modify, and distribute Your Content. We reserve the right to remove Your Content at our sole discretion for any reason or no reason, and without notice to you. You fully assign to us the right to pursue enforcement of intellectual-property-related claims against third parties that have improperly scraped, manipulated, copied, derived, or distributed (or otherwise improperly benefited from) Your Content.
Websites, Apps, and Other Content
We or our other licensors own all the intellectual property rights to the Websites and the Apps and to the content (other than Your Content) contained on the Websites and the Apps (“Other Content”). You agree not to challenge our or our other licensors’ ownership of the Websites, Apps, and Other Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free, revocable license to access and make personal and non-commercial use of the Websites and the Apps. This license shall immediately terminate if you fail to comply with these Terms. For the avoidance of doubt (but not to limit the generality of the foregoing language in this paragraph), you are prohibited from any of the following:
In our sole discretion, we may restrict your access to any areas of the Websites and the Apps. Any user ID and password that you may have for the Websites and the Apps must be kept confidential by you.
No Representations or Warranties
THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL WE (OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS) BE HELD LIABLE FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES (WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT, OR SOME OTHER THEORY). FOR THE AVOIDANCE OF DOUBT (BUT NOT TO LIMIT THE GENERALITY OF THE FOREGOING LANGUAGE IN THIS PARAGRAPH), WE (OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS) SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES. FOR THE AVOIDANCE OF DOUBT (BUT NOT TO LIMIT THE GENERALITY OF THE FOREGOING LANGUAGE IN THIS PARAGRAPH), YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CONNECTION WITH THE SERVICES SHALL BE YOUR DISCONTINUATION OF THE USE OF THE SERVICES.
Indemnification and Release
You agree to indemnify, defend, and hold harmless us (and any of our officers, directors, employees, representatives, or agents) from and against any liabilities, costs, damages, and expenses (including reasonable attorneys’ fees) arising from a third-party claim in connection with (i) your actual or alleged use or misuse of the Services; (ii) Your Content; (iii) your actual or alleged violation of applicable laws, rules, or regulations; or (iv) your actual or alleged breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us (or any other indemnitee). You agree to reasonably cooperate with our defense of such a matter. You agree not to settle such a matter without our prior written consent. We will use reasonable efforts to notify you of any such matter upon becoming aware of it.
You agree to release and forever discharge us (and any of our officers, directors, employees, representatives, or agents) from, and hereby waive and relinquish your rights with regard to, each and every past, present, and future claim of every kind and nature that has arisen, arises, or will arise directly or indirectly in connection with, or relates directly or indirectly to, the Services (including with regard to any moral rights or attribution concerning Your Content). If you are a California resident or resident of a state with a similar applicable law, you agree to waive California Civil Code section 1542 in connection with the foregoing language in this paragraph (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If any provision in these Terms is found to be invalid or unenforceable under applicable law, only that provision shall be struck from these Terms and the remaining provisions shall remain intact forming the entire Terms.
Changes to the Terms
We are allowed to transfer and assign our rights and obligations (and subcontract our obligations) under these Terms without any notification. However, you are not allowed to transfer or assign any of your rights or obligations (or subcontract your obligations) under these Terms.
These Terms constitute the entire agreement between us and you with regard to the Services and supersede all prior agreements and understandings with regard to this subject matter.
The Websites and Apps may contain links to third-party websites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by us of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or the content, products, or services on or available from such websites.
Governing Law, Etc.
These Terms shall be interpreted exclusively, solely, and only in accordance with the laws of the State of Arizona without giving effect to principles of conflict of laws or choice of law. Jurisdiction and venue of any legal action in connection with your use of the Services shall be brought in the state or federal courts situated in Maricopa County, Arizona. For any such action, the prevailing party shall be entitled to its costs and expenses (including reasonable attorneys’ fees) incurred in connection therewith as awarded by the court.
WE AND YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY LEGAL ACTION IN CONNECTION WITH YOUR USE OF THE SERVICES.
WE AND YOU AGREE THAT ANY CLAIM IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT NO LATER THAN TWO YEARS AFTER THE BASIS FOR SUCH CLAIM AROSE.
We may terminate, or suspend, your ability to use certain portions of the Services for any reason or no reason, and without notice to you.
We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any reason or no reason, and without notice to you.
Our failure to enforce any right under these Terms will not constitute a waiver of future enforcement of that right. The waiver of any such right will be effective only if in writing.
Except as may be expressly set forth in these Terms, the exercise by us or you of any right under these Terms will be without prejudice to other rights under these Terms or otherwise.
Except as may be expressly set forth in these Terms, these Terms do not, and are not intended to, confer any rights upon any third party.
You represent and warrant that you will use the Services in compliance with applicable laws, rules, and regulations.
You agree that no joint venture, partnership, employment, agency, or fiduciary relationship exists between you and us in connection with your use of the Services.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The use of the term “including” (or any derivation thereof) herein is intended to be illustrative (rather than exhaustive) in nature.
You represent and warrant that you are not (i) located in, or a national or resident of, any country that is subject to U.S. trade sanctions; or (ii) a person or entity of the U.S. Treasury Department’s list of Specialty Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
If you have any questions, comments, or complaints about the Services, please contact us via one of the methods provided on the Websites or the Apps.