Trifecta Sports LLC
Minnesota, United States
1. Acceptance of terms
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES. YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS. IN ORDER TO USE THE SERVICES, YOU MUST FIRST ACCEPT THE AGREEMENT. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE SERVICES. THIS AGREEMENT IS SUBJECT TO CHANGE BY BETTOREDGE AT ANY TIME, EFFECTIVE WHEN POSTED ON THE WEBSITE. YOUR CONTINUED USE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
PLEASE NOTE THAT THE SERVICES ARE NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT BETTOREDGE TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY, AND THE USE OF THE SERVICES IS UNAUTHORIZED IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE NOT TO ACCESS OR USE THE SERVICE IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE SERVICE IS LAWFUL IN THE JURISDICTION OR COUNTRY WHERE YOU ARE LOCATED.
AS A CERTAIN ELEMENT OF THE SERVICES, YOU CAN EARN VIRTUAL ASSETS TO MAKE SOCIAL BETS FOR ENTERTAINMENT PURPOSES ONLY. THE VIRTUAL ASSETS HAVE NO CASH VALUE OUTSIDE OF THE SERVICES. YOU MAY NOT SELL, TRADE, TRANSFER, CASH OUT, REDEEM OR IN ANY OTHER WAY EXCHANGE THE VIRTUAL CURRENCY FOR REAL MONEY OR FOR ANY REAL GOODS EXCEPT AS OTHERWISE PROVIDED BY BETTOREDGE. YOU ACKNOWLEDGE THAT ALL SERVICES PROVIDED ARE STRICTLY FOR ENTERTAINMENT PURPOSES ONLY AND MAY NOT BE USED IN CONNECTION WITH ANY ILLEGAL ACTIVITIES. YOU AGREE THAT BETTOREDGE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY USER ACTIVITY YOU TAKE THAT MAY VIOLATE ANY LAW OF THE USER’S JURISDICTION.
2.1 Account Creation. In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. Company may suspend or terminate your Account in accordance with Section 13.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.3 Adding Money to your Account. You have the ability to transfer money to your BettorEdge account from a linked card or account.
2.4 Transferring money out of BettorEdge. Funds in your BettorEdge account may be transferred out of BettorEdge by manually transferring it to a bank account linked to your BettorEdge account.
2.5 Cancelled Payments. Users will not have the ability to cancel payments until a transaction clears. Once a transaction is cleared, a user would be able to transfer money out of the BettorEdge account pursuant to the section 2.4.
3. ACCESS TO THE SERVICES
3.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.
3.2. About Our Services. We currently provide you with access to a rich collection of online resources through our Website, including various communication and social networking tools, online forums, ladders, tournaments, competitions, leagues, news, reviews, personalized content and branded programming. Some Services are presently provided free of charge, but it is possible that BettorEdge may charge for certain Services in the future. BettorEdge will not charge you for any such Services unless you provide affirmative consent prior to such charges. (D) Sometimes when you use the Services, you may (because of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another individual or company. Your use of these other services, software or goods may be subject to separate terms between you and such other company or individual. If so, this Agreement does not affect your legal relationship with such other companies or individuals and BettorEdge is not held responsible for any losses through said additional software.
3.3 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof. We do not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings
3.4 Eligibility. Competitors, coaches and other team/individual management, team/individual support personnel (e.g. without limitation, team/individual physicians) and team owners may not participate in any BettorEdge Markets or Competitions in the event or events with which they’re associated. In addition, team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or event-related employment can influence the event results are also ineligible. BettorEdge Markets and Competitions are not affiliated with or sponsored by the National Football League, the National Hockey League or Major League Baseball, National Basketball Association, NCAA or any other sporting league, association or group.
3.5 Modification. The Company may at any time change or modify these terms and conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice will be deemed to constitute your acceptance of such changes, modifications, additions or deletions. If any modification, change, addition or change to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the Services. BettorEdge may at any time change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3.6 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Services. You are responsible for obtaining and maintaining all telephone, computer hardware, and equipment, software, console and related equipment and other equipment needed for access to and use of the Services and all charges related thereto.
3.7 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4. EDGE COINS
4.1 From time to time, BettorEdge may offer you the opportunity to acquire digital or virtual assets (collectively, “Edge Coins“). You acknowledge and agree that you are granted a limited, non-exclusive license to use the Edge Coins in connection with, and solely as a part of, your use of the Services and then only for the duration permitted by BettorEdge, and you shall have no ownership or property right, title, or interest in or expectation of the Edge Coins, and any use of the Edge Coins other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright infringement. Edge Coins have no cash value and may not be redeemed for cash, or credit, and may not be sold, auctioned, bartered, brokered, purchased outside of the Services. Any Edge Coins obtained in this manner will be considered to have been fraudulently obtained and deemed void and may be confiscated or cancelled. Edge Coins will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Once you have redeemed your Edge Coins, there are no refunds, returns or exchanges for additional Edge Coins, cash, credit, or other goods and services.
4.2 From time to time, BettorEdge may provide you with opportunities to earn Edge Coins by completing various actions through its Services. Complete details of any opportunity, which are subject to change or preemption without notice, are available through the Services. The number and type of Virtual Asset that can be earned by participating in any opportunity will be disclosed when the opportunity is presented.
4.3 You may redeem Edge Coins to make social bids for entertainment purposes only or to purchase goods through the BettorEdge storefront. Edge Coins can only be used for activities described in the Services and cannot be converted to cash.
4.4 BettorEdge reserves the right to modify, amend or revise the Virtual Asset program and these Terms. The amount of Virtual Assets required to redeem any BettorEdge product may be substantially increased and restrictions on any redemption may be imposed by BettorEdge in its sole discretion. BettorEdge reserves the right, in its sole discretion, to determine and modify, at any time, the value of Edge Coins and the amount of Edge Coins that may be earned for any given activity.
4.5 All details and restrictions of the Virtual Assets not specified in these Terms or on the Services will be determined by BettorEdge in its sole discretion.
4.6 To complete a withdrawal of any cash and prizes on BettorEdge you will need to verify your identity. You shall provide true, accurate, current and complete information about yourself as requested in the Website’s verification process. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update your registration data to keep it current and accurate. You shall use the Services for non-commercial, lawful purposes only. Any other use, or commercial use, of the Services requires the prior written approval of BettorEdge.
5. INFORMATION PROVIDED
5.1 BettorEdge’s Services include an online platform for users to compete in markets, competitions, challenge other users, or interact socially. This includes but is not limited to pick’em competitions or wager-based competitions. In addition to core functionality of the games, BettorEdge also provides ancillary features and services to members such as app usage, statistics and social community. Unless explicitly stated otherwise, any new features that augment or enhance the Services shall be subject to these Terms. BettorEdge also provides team statistics, matchups, games scores, and other useful sports information. All of this information is to be used for entertainment purposes only and should be considered unofficial. While BettorEdge will use reasonable efforts to include accurate and timely information, we do not warrant or make any representations of any kind with respect to the information provided to you. BettorEdge is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any error or omissions in that information.
5.2 In addition to the above, BettorEdge’s Services include betting lines established by third-party vendors. IN NO WAY HAVE THESE BETTING LINES BEEN ESTABLISHED BY, ALTERED BY, OR OTHERWISE INFLUENCED BY BETTOREDGE. ALL BETTING LINES ON BETTOREDGE’S SERVICES ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT MEANT TO INFLUENCE OR OTHERWISE ASSIST IN ANY DECISION BY A USER TO PARTICIPATE IN ACTIVITIES AVAILABLE ON THE BETTOREDGE PLATFORM.
6. PROMOTIONAL ACTIVITIES
6.1 By registering for an Account, you agree that the BettorEdge may display your username throughout the BettorEdge Platform, including, but not limited to areas such as leader boards, individual competition records, social pages, message boards, chat rooms, etc.
7. INTERACTIONS WITH OTHER USERS
You agree that all your communications within any forums or chat areas in the Service are public, and you have no expectation of privacy regarding your use of such forums or chat areas. We are not responsible for information that you choose to share on the forums or chat areas, or for the actions of other parties. We wish to remind you that you are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Without prejudice to the above, we reserve the right to become involved in any way with these disputes, but are in no obligation for doing so. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting us access to any password-protected portions of your Account.
8. USER CONSENT
8.1 User Content.“User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 8.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. You acknowledge that access to the Services may result in access to other individuals’ User Content. You agree that such User Content belonging to others constitute proprietary and confidential information that is protected by applicable intellectual property laws and treaties.
8.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
8.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
These categories of prohibited content are merely examples and are not intended to be exhaustive. Any conduct by you that, in BettorEdge’s sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. BettorEdge will make the sole determinations as to what content is acceptable in its sole discretion. BettorEdge may include, edit or remove any User Content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of BettorEdge, violations of the foregoing may result in removal of the prohibited communications and/or termination of your access/account bans to the Services. You understand that, when using the Services, you will be exposed to content from a variety of sources, and that BettorEdge is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Services. BettorEdge does not pre-screen or endorse any member content and is not responsible or liable under any circumstances for such content.
8.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 13, and/or reporting you to law enforcement authorities.
8.5 Feedback. If you provide Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
9. INDEMNIFICATION You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. THIRD-PARTY LINKS & ADDS; OTHER USERS
10.1 Third-Party Links & Ads.Some of the Services provided by BettorEdge are supported by advertising revenue. Accordingly, the Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. In consideration for BettorEdge granting you access to and use of the Services, you agree that BetterEdge may place advertising n the Services.
10.2 Other Users. Each Services user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Services users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved.
10.3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party Links & Ads).
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. LIMITATION ON LIABILITY
BETTOREDGE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL. (B) BETTOREDGE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BETTOREDGE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. (D) IN NO EVENT WILL BETTOREDGE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY CHANGES WHICH BETTOREDGE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE BETTORDEGE WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS OF THE SERVICES. (E) IN ADDITION TO THE TERMS SET FORTH ABOVE, BETTOREDGE WILL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. BETTOREDGE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND ANY AGGREGATE, TOTAL LIABILITY OF THE BETTOREDGE TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES AND RETAINED BY BETTOREDGE OR (II) ONE HUNDRED DOLLARS ($100). (F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BETTOREDGE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. TERM AND TERMINATION
14. COPYRIGHT POLICY.
BettorEdge owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via the Services by third parties not within the control of BettorEdge. It is our policy not to permit materials known by us to be infringing to remain on the Website and to terminate relationships regarding content with third parties repeatedly infringing the copyrights of others. BettorEdge reserves the right to restrict or eliminate access to its services at any time in the event that the user breaks any posted rules, regulations, or terms of services at any time. In the event of being barred/banned access from services BettorEdge reserves the right to freeze any assets on the user's account until that user's ban has been lifted. You should notify us promptly if you believe any materials on the Services infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), BettorEdge will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), BettorEdge has designated agent for notification of claims of copyright infringement.
The address for our designated copyright agent is as follows:
Trifecta Sports, LLC
2700 Louisiana Ave S.
Saint Louis Park, Minnesota 55426
15. PRIVACY AND PERSONAL INFORMATION
15.2 In order to delete personal data, reach out to firstname.lastname@example.org with name, username, email, and phone number with a request to delete information. We will verify your identity, then complete your request to delete your information.
16.1 Changes. BettorEdge may at any time change or modify these terms and conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice will be deemed to constitute your acceptance of such changes, modifications, additions or deletions. If any modification, change, addition or change to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the Services. BettorEdge may at any time change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use. You agree that BettorEdge will not be liable to you or any third party for any modification or discontinuance of the Services.
16.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all proceedings shall be conducted in English. However, to the extent that any claim or dispute involves BettorEdge’s intellectual property rights, either party may seek immediate injunctive, monetary, or other appropriate relief in any state or federal court in the State of Minnesota. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before initiating a claim in arbitration of court, a party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Trifecta Sports, LLC, 2700 Louisiana Ave S., Unit 26392, Saint Louis Park, Minnesota 55426. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Nothing herein shall be construed to limit BettorEdge’s right to seek immediate relief for any dispute or claim involving its intellectual property rights, and as more fully described in 16.2(a) above.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. BettorEdge reserves all rights to seek an immediate action in fed
(o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Minneapolis, Minnesota, for such purpose.
16.3 Electronic Communications. The communications between you and Company use electronic means, whether you use the Services or send us emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
16.4 Entire Terms. This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Services , including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Website and any operating rules for the Services established by BettorEdge) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws rules. Notwithstanding this, you agree that BettorEdge may still apply for injunctive remedies (or an equivalent type of urgent legal relief) in as more fully described in Section 16.2. The failure by BettorEdge to partially or fully exercise any rights or the waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by BettorEdge of any subsequent breach by you of the same or any other term of this Agreement. BettorEdge’s rights and remedies under this Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit BettorEdge’s right to exercise any other right or remedy. The section headings conditions set forth in these Terms shall be binding upon assignees.
16.5 Copyright/Trademark Information. The BettorEdge logo are the exclusive property of BettorEdge. All rights reserved. All other trademarks appearing on the Services are the property of BettorEdge, affiliates of BettorEdge, or their respective owners. Unless you have agreed otherwise in writing with BettorEdge, you agree that nothing in this Agreement gives you a right to use any of BettorEdge’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You further agree that you shall not use any trademark, service mark, trade name, logo of any other company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.