Effective Date: April 18, 2023
IMPORTANT NOTICE: THESE BETR REAL MONEY SPORTS BETTING GAME TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 27 BELOW.
These Betr Real Money Sports Betting Game Terms and Conditions are a legally binding agreement that governs any access to and use of the Services (as defined below). Betr may issue additional terms, rules, and conditions of participation in particular contests or games, which You should consult in order to understand the parameters and terms for those contests and games. Please note that the state-specific terms and state-specific exceptions in these Betr Real Money Sports Betting Game Terms and Conditions apply if You access the Services while located in the identified state.
You must be twenty-one (21) years of age or older to use the Services. If You have any questions, please contact Us at firstname.lastname@example.org.
1. Who We Are
a. Betr owns and operates the website www.betr.app and any other sites where these Terms are posted (collectively, the “Sites”) and the Betr mobile, tablet, and other applications (collectively, “Apps” and together with the Sites, the “Platforms”). References herein to Betr, “We”, “Us”, and “Our” are to Betr Holdings, Inc.
b. “You” or “Your” refers to the end user accessing or using the Services.
c. References to “Party” or “Parties” refers to Betr and You.
d. “Terms” refers collectively to this Betr Real Money Sports Betting Game Terms and Conditions, and all other terms, rules, and policies incorporated by reference herein.
e. The “Service(s)” that Betr is providing pursuant to these Terms are: (i) the real money sports wagering (“Sports Gaming”) games, products, services, promotions, contests, and applications offered by Betr, which may be on the Platforms or accessed through third-party websites; (ii) the Betr Platforms that are offering the foregoing (i); and (iii) the Content (as defined herein) contained in the foregoing clauses (i) and (ii).
f. Betr only offers Sports Gaming in jurisdictions where Sports Gaming is legal and regulated by the state (each, an “Authorized Gaming Jurisdiction”). A current list of Our gaming regulators is below:
i. Indiana – Indiana Gaming Commission
ii. Maryland – Maryland Lottery and Gaming Control Commission
iii. Massachusetts – Massachusetts Gaming Commission
iv. Ohio – Ohio Casino Control Commission
v. Virginia – Virginia Lottery
g. Betr only offers Sports Gaming once Betr is authorized to offer Sports Gaming by local gaming authorities. A list of Our current licenses is below:
i. Indiana – Sports Wagering Vendor License - Mobile
ii. Maryland Mobile Sports Wagering License
iii. Massachusetts – Sports Wagering Operator License - Category 3 (Mobile Sports Wagering)
iv. Ohio – Mobile Management Services Provider License
v. Virginia – Sports Betting Permit License
h. In certain states, Betr offers the Services under an agreement with a partner. A list of Our partners is below:
i. Ohio – Hall of Fame Village
i. Betr has different companies specifically designed to conduct business in some states of operation. A list of Our licensed subsidiaries can be found below:
i. Ohio – Betr Holdings, Inc.
a. Federal prohibitions and restrictions regarding internet gaming apply (including, such prohibitions and restrictions set out in 18 U.S.C. Sections 1084 et seq. (“The Wire Act”) and 31 U.S.C. Sections 5361 through 5367 (“Unlawful Internet Gambling Enforcement Act”)). It is a federal offense for persons physically located outside of an Authorized Gaming Jurisdiction to engage in Sports Gaming with Betr. The availability of the Services outside of an Authorized Gaming Jurisdiction does not constitute an offer, solicitation or invitation by Us for You to use of the Services.
b. Aside from marketing relationships, no professional or amateur sports league or team is associated with Betr or the Platforms owned or operated by Betr or affiliated in any way with the Services.
d. In the event of a conflict between these Terms and other terms or conditions from Betr, these Terms will control only to the extent that the terms of these Terms and the other terms and conditions directly conflict.
e. Certain states in which Betr offers the Services provide additional rights to You as a user of a Sports Gaming product:
i. Virginia - Sports Bettors’ Bill of Rights: https://www.valottery.com/playingmatters/voluntaryexclusionprogram.
3. Acceptance of these Terms
b. By using these Services, You affirm that (i) You are twenty-one (21) years of age or older; and (ii) You are not prohibited or restricted from using the Services, including by any applicable law, rule, or regulation (and You acknowledge that We make no representations or warranties, implicit or explicit, as to Your legal right to participate).
c. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES, AND YOU MAY NOT ACCESS OR USE THE SERVICES.
d. We recommend that You print and save these Terms for Your future reference. We also suggest that You print and store all transaction receipts and game rules as applicable to Your use of the Services.
4. Amending the Terms and Changing of the Services
a. We reserve the right to modify, amend, or change these Terms at any time and in Our sole discretion. If a material change is made to these Terms, You will be notified about the change before it comes into effect. It is Your responsibility to review these Terms for any changes. Your continued use of the Services following Our posting of revised Terms constitutes Your acceptance of any changes We may make. The date on which each relevant document comprising the then current Terms came into (or will come into) force will be as stated in the date contained at the top of the Betr Real Money Sports Betting Game Terms and Conditions page. Please check these Terms frequently for updates.
b. We may, in Our absolute discretion, modify, suspend, or discontinue any part of the Services (including, any or all of the games We offer), or restrict, suspend, or terminate Your access to the Services or Your Gaming Account (as defined below), at any time, with or without notice. If We cancel or terminate a game, any advertised winnings, prizes or promotions may, at Our sole discretion, be either voided or awarded in any manner We deem fair and appropriate, consistent with laws, regulations, and rules governing such game. We reserve the right, in Our sole and absolute discretion, to refuse service and access to any potential user of Our Services.
c. We may also at Our discretion engage new or alternative third-party service providers in respect of any of Our Services. By registering or using the services of any such third parties, You thereby provide Your consent to any applicable, additional terms and conditions of such third parties as they may be amended from time to time, including any change to the third-party service provider itself.
5. Account Pre-Conditions
a. Use of Our Services will require You to register for a user account with Us (a “Gaming Account”). In order to register for a Gaming Account, You agree, represent, and warrant that:
i. You are at least twenty-one (21) years of age;
ii. You understand and agree that it is prohibited by law for anyone under the age of twenty-one (21) to participate in Sports Gaming, and it is a criminal offense to allow a person who is under the age of twenty-one (21) to participate in Sports Gaming;
iii. You understand and agree that use of the Services is at Your sole risk;
iv. You agree to provide accurate registration information and agree to inform Us of any changes to such details in order to keep such information accurate, current, and complete;
v. You understand and agree that You are opening a non-transferrable account with Us solely for Your personal use, and are acting as a principal and not as an agent on behalf of a third party;
vi. You will not allow any other person to access or use Your Gaming Account;
vii. You will not attempt to sell or otherwise transfer the benefit of Your Gaming Account to any third party, nor will You acquire or attempt to acquire a Gaming Account which has been opened in the name of a third party;
viii. You understand and agree that You may not transfer funds or Bonuses (as defined below) from Your Gaming Account to another user’s Gaming Account;
ix. You are legally capable of entering into binding contracts, including these Terms, and that You have read and agree to abide by all of these Terms;
x. You are not prohibited for any reason from using the Services;
xi. You understand and agree that to use the Services, You must be a legal resident in the United States and physically located in a jurisdiction where participation in the Services is legal and not prohibited or restricted by law;
xii. You understand and agree that You must be physically located in an Authorized Gaming Jurisdiction at the time a wager is placed;
xiii. You understand and agree that the availability of the Services outside of an Authorized Gaming Jurisdiction does not constitute an offer, solicitation, or invitation by Us for You to use Our Services;
xiv. You understand and agree that We cannot provide You with legal advice with respect to the legality of Your use of the Services;
xv. You understand and agree that We are not liable for any violation of any local, state, federal, or other law that may occur as a result of Your use of the Services;
xvi. You will use the Services in accordance with all applicable state and federal laws, as well as in accordance with these Terms; and
xvii. You understand and agree that professional or amateur athletes, sports agents, coaches, trainers, sports league referees or officials, sports team owners, sports team employees, and the immediate family members of these individuals, are prohibited from using any Services concerning the sport(s) in which they are associated.
b. If We otherwise determine that You do not meet the eligibility requirements of this Section, in addition to any rights that We may have in law or equity, We reserve the right to terminate or suspend Your Gaming Account, withhold or revoke the awarding of any winnings, prizes, or promotions associated with Your Gaming Account. We reserve the right to refuse to register You as a Gaming Account holder, either with or without cause.
6. Account Eligibility
To open a Gaming Account, You must:
a. Be at least twenty-one (21) years of age;
b. Acknowledge that You are prohibited from allowing any other person to access or use Your Gaming Account;
c. Provide all requested personal information including, Your full legal name, date of birth, social security number, primary address, email address, and phone number;
d. Not be a Prohibited Person (as defined below) in the jurisdiction in which You are using Our Services;
e. Not be prohibited from using the Services under any other applicable law or regulation;
f. Meet all other eligibility requirements imposed by Us at Our sole discretion;
g. Certify that the information You provided is accurate and that You are not a Prohibited Person; and
h. Complete Our identity verification process.
7. Prohibited Persons
The following persons are prohibited from opening a Gaming Account (collectively “Prohibited Persons”):
a. Employees of Betr or its affiliated companies, as well as immediate family members and household members of these employees. For the purposes of these Terms, immediate family members are spouses, domestic partners, parents, grandparents, in-laws, children (including step children), and siblings;
b. Any person prohibited pursuant to Ind. Code § 4-38-9-3, Code of Maryland Regulations 36.10.11.04, Massachusetts General Laws ch. 23N, § 13(e), Ohio Revised Code 3772 or 3775, Virginia Code § 58.1-4041, and any other state or federal laws;
c. Any person who has self-excluded pursuant to the self-exclusion option (discussed in Section 18.d, below) or through any state self-exclusion program or state self-restriction program, as well as any other prohibited persons under state or federal law;
d. Any other person who may undermine the integrity of the Services, a sporting event, or contest, or any person who Betr, in its sole and absolute discretion, deems ineligible. For example, Betr may determine the following persons are ineligible, without limitation: (i) persons restricted in their contractual capabilities; (ii) persons under legal supervision; or (iii) persons diagnosed with problematic gambling behavior, or undergoing or having undergone treatment for problematic gambling behavior.
8. Account Verification
a. Betr reserves the right, at any time, to verify Your information as a condition for opening and maintaining a Gaming Account.
b. In doing so, We may use third-party verification services and databases (collectively “Verification Services”). By providing Your information to Us, You expressly authorize Us to share Your information with the Verification Services for the purposes of establishing Your identity and age.
c. You agree to provide accurate information to Us and the Verification Services upon request and to continually update any changes to that information. We reserve the right to reject Your application for a Gaming Account, or if one has already been established for You, block access, suspend, or cancel Your Gaming Account temporarily or permanently, for any reason, including if We are unable to verify Your identity or age, or have reason to believe that You do not fulfill one or more of the eligibility requirements.
d. We reserve the right to conduct a security review at any time to validate Your identity, age, and the registration data provided by You, to verify Your use of the Services, including Your compliance with these Terms, and Your financial transactions carried out via the Services for potential breach of these Terms and of applicable law. To conduct such review(s), You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Terms, including by obtaining a credit report, or otherwise verifying the information against third-party databases. In addition, to facilitate these review(s), You agree to provide such information or documentation as We, in Our sole and absolute discretion, may request.
a. You may have only one (1) Gaming Account, and You must register with Your own personal details. You will receive notice of the establishment of a Gaming Account via electronic mail or regular mail. Your Gaming Account is unique to You, non-transferable, and is for Your personal use only. It shall be a violation of these Terms to allow any other person to use Your Gaming Account. Each Gaming Account on the Services may only be owned, maintained, used, and controlled by one individual. For avoidance of doubt, users may not “co-own” Gaming Accounts on the Services.
b. If We discover that You have opened more than one Gaming Account, then You acknowledge and agree that, in addition to any other rights We may have in law or equity, We reserve the right to suspend and terminate Your Gaming Account(s), withhold or revoke any winnings, prizes or promotions which would otherwise be awarded, or take any other actions We deem appropriate in Our sole discretion.
c. It is Your responsibility to maintain Your Gaming Account and keep the personal data provided therein up to date, and to inform Us promptly of any changes to Your personal data.
d. It is Your responsibility to protect and maintain the confidentiality of Your Gaming Account login and password, including keeping secure and locking Your devices to which Your Gaming Account is linked. You accept responsibility and liability for all activities, charges, and damages under or occurring on or from Your Gaming Account, including, deposits or withdrawals into or out of Your Gaming Account. You agree to inform Us as soon as possible at email@example.com if You believe that Your Gaming Account login and password is being misused by a third party so that We may suspend Your Gaming Account to prevent further abuse. All actions in or with Your Gaming Account are deemed to be made by You, and You agree that any bets placed and accepted in Your Gaming Account will be valid even if You have not authorized such bets. If a third party accesses Your Gaming Account, You are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by You. We will not be liable for any loss that You may incur as a result of misuse of usernames or passwords or from any unauthorized use of Your Gaming Account, whether fraudulent or otherwise.
e. In opening a Gaming Account, You will not choose a nickname or alias that is defamatory or offensive, or in any way intended to impersonate a real person or brand or to be used for any nefarious purpose, and You agree that We reserve the right to amend Your nickname or alias in Our absolute discretion or if We believe You have breached this Section.
f. You can change Your password at any time. If You cannot access Your Gaming Account, You can request a new password by contacting Our Customer Support Team at firstname.lastname@example.org. If We reasonably believe that Your Gaming Account is compromised or that Your password does not provide adequate security, We may require that You change your password.
g. You may access a summary statement of all of Your account wagering activity during the past year. You may also request a summary statement of all Your account wagering activity during the past five (5) years by contacting email@example.com.
h. If We reasonably believe You are engaged in illegal or fraudulent activity while using the Services, or if You conduct or attempt to conduct a Prohibited Activity (as defined below), or if We are required to do so by a law, regulatory body, or court, We may cancel any bets You may have placed or close or suspend Your Gaming Account and refer the matter to the proper law enforcement or regulatory authority, in which case We would have no obligation to pay any winnings, promotions, or prizes which might otherwise have been payable to You. We reserve the right to withhold any funds in Your Gaming Account pending the conclusion of any internal or external investigation. If such investigation reveals that You conducted a Prohibited Activity, fraud, suspicious betting, or other illegal activity, We have the right to seize some or all of the funds in Your Gaming Account, subject to applicable law and consultation with applicable regulatory bodies.
i. Virginia – If We are unable to validate Your identity, age, or the registration data provided by You; if We are unable to verify Your use of the Services; if We reasonably believe You are engaged in illegal or fraudulent activity; or if You conduct or attempt to conduct a Prohibited Activity, We will:
1. Immediately suspend Your Gaming Account;
2. Submit any winnings or prizes which might otherwise have been payable to You to the Virginia Problem Gambling Treatment and Support Fund;
3. Refund the balance of deposits You made to Your Gaming Account; and
4. Deactivate Your Gaming Account.
ii. Maryland – If You do not withdraw or otherwise take some action with regard to the winnings from a particular bet within one hundred eighty-two (182) days after the bet was won, these winnings will be deemed “unclaimed,” become property of the state of Maryland, and be forfeited for transfer to the Maryland Department of Health’s Problem Gambling Fund pursuant to Md. Code Ann., State Gov’t § 9-1E-12(c).
iii. Massachusetts – If You do not withdraw or otherwise take some action with regard to the winnings from a particular bet within one (1) year after the bet was won, these winnings will be deemed “unclaimed” and forfeited for transfer to the Massachusetts Gaming Commission Sports Wagering Control Fund as required by Mass. Gen. Laws ch. 23N, §§ 13, 15.
i. If requested by law enforcement, ordered by a court, gaming regulators, tax authorities, or other applicable authorities, We may suspend Your Gaming Account, deny You access to the Platforms and Services, and withhold any funds until such time as a final determination by the requesting authorities has been rendered, the conclusion of any criminal or other legal proceedings, or upon guidance by Our own legal counsel.
j. The funds in Your account are not insured, guaranteed, sponsored or otherwise protected by any government, deposit, or banking insurance system or by any other similar insurance system.
a. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE SERVICES, AND FOR ANY CONSEQUENCES THAT RESULT. YOU AGREE TO USE THE SERVICES ONLY FOR PURPOSES THAT ARE LEGAL, PROPER, AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
b. You must be physically located in an Authorized Gaming Jurisdiction in order to participate in the Sports Gaming offered by the Services. It is a violation of state and federal law to use the Sports Gaming Services outside of an Authorized Gaming Jurisdiction. Non-gaming operations such as deposits, withdrawals, and account access are allowed outside of an Authorized Gaming Jurisdiction, at Betr’s sole discretion.
c. To use the Services, You consent to the collection, storage, monitoring, processing, recording, and transmission of Your data, including certain wagering communications and geographic information to establish Your physical location, such as IP address and WiFi signal. This may be done using third-party providers and You expressly consent to Our use of third-party providers, including to the sharing of Your information with such third parties to confirm Your location. If We or Our third-party providers cannot track Your location for any reason, We reserve the right to prevent You from accessing or using the Services until Your location is verified. You agree that We are not liable for Your inability to access or use the Services during this time. You further agree to the monitoring and recording of Your gaming activity and related communications and physical location by Us and the local gaming regulators. You are solely responsible for the acquisition, supply, and maintenance of all of the computer and mobile equipment, telecommunications networks, and Internet access services, and of all other consents and permissions that You need to use in order to access Our Services.
d. By using the Services, You agree that We may, at Our sole discretion, disqualify You from any Service, refuse to award or revoke any winnings, prizes, or promotions that otherwise would be awarded, and require the return of any winnings, prizes, or promotions, if You engage in Prohibited Activity or conduct We deem improper, unfair, or otherwise detrimental to the Services or other entrants.
e. Without limiting the foregoing, You agree that Your use of the Services will not (and will not allow any third party to), in any manner:
i. Engage in, promote, or encourage illegal activity, or activity that violates any third-party rights;
ii. Interfere with other users’ enjoyment of the Services;
iii. Abuse, harass, impersonate, intimidate, or threaten other users or any of Our authorized representatives, customer service personnel, moderators, or volunteers (including, filing support tickets with false information, sending excessive emails or support tickets, obstructing Our employees from doing their jobs, or refusing to follow the instructions of Our employees);
iv. Access the Services by automated means or under false or fraudulent pretenses;
v. Involve the impersonation of another person (via the use of an email address or otherwise);
vi. Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, in whole or in part;
vii. Disguise or interfere in any way with the internet protocol (“IP”) address of the mobile or other device You are using to access the Services or otherwise take steps to prevent Us from correctly identifying the actual IP address of the mobile device You are using while accessing the Services;
viii. Modify, adapt, translate, or reverse engineer any portion of the Services;
ix. Involve cheating or any other activity deemed by Us to be in conflict with the spirit or intent of the Services;
x. Involve engaging in commercial activities, including, any attempt to raise money for anyone or advertise or promote a product, service, or website, or build a business using the Content; or
xi. Attempt to sell the Services, in whole or in part.
f. We may use Your username or first name or initials and state and any winnings You may have had for advertising or promotional purposes without providing You with additional compensation.
a. In order to make bets on Our Platform, You need to deposit sufficient funds into Your Gaming Account. While most deposits are instant, deposited funds may take a few days to appear in Your Gaming Account depending on the payment method used. We do not offer any interest on funds held in Your Gaming Account.
b. You may use any method available and accepted by the Services to deposit money into Your Gaming Account, including banks, debit cards, third-party electronic payment processors and financial institutions ("Third Party Providers"), subject to the state-specific exceptions specified below and the foregoing sentence. You may not use a credit card to deposit money into Your Gaming Account or make a deposit using any account funded by a credit card. By initiating a deposit into or withdrawal from Your Gaming Account, You agree and hereby authorize Us to instruct Third Party Providers to handle deposits and withdrawals from Your Gaming Account and agree that We may provide such Third Party Providers with Your personal information as needed to complete the transaction. You agree that We are not liable for any acts or omissions of any Third Party Providers in processing Your deposit or withdrawal and You further agree to be bound by the terms and conditions of use of each applicable Third Party Provider. If there is a conflict or inconsistency between these Terms and the terms and conditions of any Third Party Provider, these Terms prevail. We are not responsible for any fees charged to You by Third Party Providers related to Your deposits or withdrawals.
i. Maryland –You may not deposit money into Your Gaming Account using an electronic benefit card or any similar instrument issued by the Maryland Department of Human Services for the purposes of accessing temporary cash assistance.
c. We reserve the right to credit all relevant funds to Your Gaming Account only upon actual receipt of such funds by Us or Our agents. We reserve the right to request additional information from You prior to accepting such funds (or allowing a withdrawal) in order to properly identify the source of the funds, Your identity, or for any other reason We deem necessary. We may refuse funds or return funds at any time in Our sole discretion and void any bets if We deem the funds unauthorized. Monies held in Your Gaming Account do not accrue interest. If We reasonably believe that You have no intention of using the deposited funds to place wagers, We may suspend or close Your Gaming Account and report such activity to the relevant regulators or other authorities.
d. We may apply minimum and maximum limits to the deposits into Your Gaming Account for any reason. You agree to abide by those limits. If You violate this provision, We may suspend or terminate Your Gaming Account and may refund or refuse to refund any monies in Your Gaming Account in Our sole and absolute discretion and in accordance with applicable law.
e. Subject to the above, and subject to availability of funds in Your Gaming Account, You can request withdrawals from Your Gaming Account at any time. We reserve the right to evaluate the payout of funds based on Our assessment of their origin. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment of Your deposit. Unless otherwise stated, all funds in Your Gaming Account are stated in U.S. dollars and all deposits and withdrawals will be paid in U.S. Dollars.
i. Maryland – Subject to Section 17(b), We will honor Your request to withdraw funds from Your Gaming Account by the later of five (5) days after We receive Your request or five (5) days after the submission of any tax reporting paperwork required by law.
f. You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any prizes to any relevant governmental or taxation authority. We are not responsible for any taxes You may owe related to or arising from Your use of the Services, including taxes owed on winnings. We may report Your winnings to the appropriate state or federal authorities if required by law.
g. We reserve the right to withhold deposited funds and winnings if We reasonably believe that the deposit was unauthorized, misused, or fraudulent. We will report all matters of unauthorized, misused, or fraudulent deposits or withdrawals, including Chargebacks (defined below), to the appropriate state or federal authorities. We may conduct Our own investigation into such matters and may temporarily or permanently close Your Gaming Account during such time.
i. Indiana – We will not consider a failed deposit fraudulent if You previously have deposited funds successfully via electronic funds transfer with no outstanding Chargebacks. If We withhold deposited funds and winnings based on a reasonable belief of fraudulent
h. In connection with making a deposit, You represent that:
i. All payments made into Your Gaming Account are authorized and You will not attempt to reverse a payment made into Your Gaming Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability;
ii. All money that You deposit in Your Gaming Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source;
iii. All money that You deposit in Your Gaming Account originates from a payment source of which You are the legal owner; and
iv. You accept that all transactions may be checked for the detection of money laundering and that any transactions made by You which We deem suspicious may be reported to the appropriate authorities.
i. You may not deposit into Your Gaming Account using a payment source that does not legally belong to You. The name registered to Your Gaming Account is expected to match the name registered to the payment source at the time of Your attempted deposit into Your Gaming Account. Using a payment source that is not registered to the same name as Your Gaming Account may result in suspension, restriction, or delay in connection with Your Gaming Account by Us. To avoid any such suspension, restriction, or delay in connection with Your Gaming Account, You should use permitted payment methods where You are the only registered and legal owner of the payment source.
12. Account Errors
a. It is Your duty to inform Us as soon as reasonably possible of any errors with respect to Your Gaming Account so that We may investigate.
b. Regardless of whether You or We discover the error, We will use commercially reasonable efforts to place all parties directly affected by such error in the position they were in immediately before the error occurred.
c. You agree that if an error resulted in an overpayment of funds or winnings to Your Gaming Account, You will forfeit and We may take any money from Your Gaming Account relating to such overpayment at any time. If there are insufficient funds in Your Gaming Account to collect the overpayment, We may demand that You pay Us the relevant outstanding amount. Any failure to pay Us what is owed may result in the suspension or closing of Your Gaming Account and legal action. We reserve the right to declare any bets null and void that were the subject of any errors or technological failures.
13. Chargebacks and Dishonored Deposits
a. You agree not to dispute, deny, or attempt to reverse any financial transaction associated with a wager, deposit of funds, or a withdrawal of funds or make any fraudulent financial transactions with Us (collectively, “Chargebacks”). For avoidance of doubt, Chargebacks do not include Your authorized withdrawal of funds that have been deposited into Your Gaming Account and which You may withdraw at any time in accordance with Section 11(e).
b. You agree to indemnify and reimburse Us for any Chargebacks You make or any deposits that Your bank fails to honor, for any reason (each, a “Dishonored Deposit(s)”), and any financial loss suffered by Us as a consequence, including damages, fees, expenses, and investigatory costs relating to or arising from such Chargebacks or Dishonored Deposits including deducting the amount of any Chargebacks or Dishonored Deposits and associated damages, fees, expenses, and investigatory costs from Your Gaming Account.
c. If a Chargeback or Dishonored Deposit occurs, You agree that We may provide necessary information about You and the Chargeback or Dishonored Deposit to Third Party Providers, the local gaming regulator, other regulators, law enforcement, or other necessary third parties in order to investigate or resolve the Chargeback or Dishonored Deposit. We reserve the right to temporarily suspend Your Gaming Account and withhold the payment of any winnings without notice until any Chargebacks, Dishonored Deposits, or other financial disputes are resolved.
d. We may also recover bad debts using whichever method may lawfully be available to Us including, instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies.
e. We may report any criminal or suspicious activities to the appropriate authorities.
f. We will, in Our sole discretion, suspend any Gaming Accounts which We reasonably believe are the subject of fraudulent transactions, including in circumstances involving consecutive failed electronic funds transfers, as required by state law.
i. Indiana –We will temporarily block Your account for investigation after five (5) consecutive failed deposit attempts via electronic funds transfer within a ten (10) minute period. If Our investigation does not find evidence of fraud, this block may be lifted. However, We will suspend Your account if, following Our initial temporary block, You have five (5) more consecutive failed deposit attempts via electronic fund transfer within a ten (10) minute period.
14. Placing Bets
a. It is Your responsibility to fully understand how to bet and the terms of any bet You place.
b. It is Your responsibility to read and familiarize Yourself with the House Rules. When You place a bet, You agree to the terms of the House Rules, available at: https://support.betr.app/hc/en-us/articles/10719254533012-House-Rules. When placing a bet, You are responsible for ensuring that all of the details of Your bets are correct. Once a bet has been placed, You cannot cancel that bet.
c. You can only bet up to the lesser of the amount of funds held in Your Gaming Account or the limit set by Us. Bets will be valid only after We accept such bet. Any bets placed in Your Gaming Account and accepted by Us will be valid even if You have not authorized such bet. We are not liable for the settlement of any bet We have not accepted. After a bet has been accepted by Us, You will receive a bet confirmation and the bet will be displayed in Your Gaming Account.
d. We reserve the right to cancel and void any bets if, in Our sole and absolute discretion, there is an error with the bet or with accepting the bet. This includes bets taken after the betting closed, where any event was resolved before the bet was taken, where the customer could have an indication of the outcome, where the customer did not have adequate funds in the Gaming Account, or other failures, errors, manipulations, or fraudulent or dishonest activities, including if We have a reasonable suspicion that Your identification or Gaming Account has been compromised.
e. In the event of a technological error, interruption of a data flow resulting in a system error, any system failure, or any game error that results in an error in any odds calculation, charges, fees, bonuses, or payout, or any currency conversion as applicable, We will seek to place all parties directly affected by any such error in the position they were in before the error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of any such error and to take any money from Your Gaming Account relating to the relevant bets or wagers.
f. We reserve the right, in Our sole and absolute discretion, to refuse or cancel, in whole or in part, any bet or change betting limits without notice, at any time.
g. We reserve the right, in Our sole and absolute discretion, to reject and limit the dollar amount an individual can bet in any way.
h. You fully accept and agree that if there is a discrepancy between any results showing in Your Gaming Account and Our servers, the results showing on Our server shall govern. You understand and agree that Our records will be the final authority in determining such matters.
a. You may be awarded free bets, bet credits, or similar promotions (each, a “Bonus,” and, collectively "Bonuses") which You can use for gaming and wagering on the Services.
b. A Bonus cannot be withdrawn from Your Gaming Account. Only the winnings attributed to a Bonus can be withdrawn, as per applicable wagering requirements. A Bonus has no impact on Your ability to withdraw Your own funds or winnings from wagers placed using Your own funds.
c. We may reclaim or cancel any unused Bonuses credited to Your Gaming Account at any time within the posted rules of the Bonus. It is Your responsibility to read and understand the terms of any Bonus, and such terms will be made available whenever a Bonus offer is made to You. By using the Bonus, You agree to the Bonus terms.
d. Each Bonus has applicable rules, which will be made available to customers and gaming regulators.
e. Nothing in this Section shall prohibit or limit Our ability to reverse or reclaim any Bonuses issued or awarded to You based upon failures, errors, manipulations, or fraudulent or dishonest activities.
16. Dormant Accounts
a. A Gaming Account shall be considered “Dormant” in the event that the registered account holder does not log in within the periods outlined below (each such account, a “Dormant Gaming Account”). Dormant Gaming Accounts will be opted out of all Bonuses in accordance with the applicable Bonus terms. In accordance with applicable regulations, unclaimed balances in Dormant Gaming Accounts will be forfeited. We will make all reasonable efforts to inform a registered account holder of any outstanding balance sixty (60) days prior to forfeiting said balance.
i. Indiana – 3 years
ii. Maryland – 3 years
iii. Massachusetts – 3 years
iv. Ohio – 5 years
v. Virginia – 5 years
b. Funds of customers that remain in a Dormant Gaming Account shall be presumed abandoned after the period provided by the applicable state’s law.
c. Betr will report and deliver all funds or the portion of such funds required under state law from Dormant Gaming Accounts to the respective state government after the period outlined below:
i. Indiana – Indiana Office of the Attorney General Unclaimed Property Division – 3 years
ii. Maryland – Maryland Comptroller – 3 years
iii. Massachusetts – Massachusetts Office of the Treasurer Unclaimed Property Division – 3 years
iv. Ohio – Department of Commerce – 5 years
v. Virginia – Virginia Department of the Treasury Unclaimed Property Division – 5 years
17. Prohibited Activities; Suspicious Activity; Fraud
a. You warrant, represent, and agree that You will not interrupt, corrupt, or exploit for any purposes not intended by Us, any of the Services, including for example, any of the following when using the Services (each, a “Prohibited Activity” and, collectively, “Prohibited Activities”):
i. Register or attempt to register a Gaming Account using another person's personal data;
ii. Provide Your Gaming Account user name and password to any other person or entity;
iii. Allow any other person to access and use Your Gaming Account;
iv. Use Your Gaming Account or the Services for any purpose other than personal use;
v. Attempt to gain unauthorized access to any of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services;
vi. Engage in wager manipulation or payment fraud;
vii. Conduct, or attempt to conduct, fraudulent, unlawful, or unauthorized activity including, unlawful betting activity and payment methods;
viii. Interfere or tamper with, remove, or otherwise alter in any way, any information in any form or any security feature which is included in or on any of the Services;
ix. Use or attempt to use any software-assisted methods, techniques, or hardware to participate or manipulate of the Services;
x. Use any script, robot user, bot, or equivalent mechanism, including any automated computerized software or any other similar or equivalent mechanisms to automatically place bets;
xi. Use any features which may affect the function or performance of the Services in any way for example, the release of viruses, worms, trojans, or similar material that may be malicious or harmful;
xii. Engage in betting on all possible outcomes or opposite sides of an event;
xiii. Abuse or misuse any Bonus offer or other promotion offered by Us;
xiv. Attack the Services via a denial-of-service attack or any other form of attack or interference;
xv. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, web bugs, cookies or other similar devices; or
xvi. Use or attempt to use the Services in any way that violates federal, state, local, or international law or regulations.
b. We may monitor or review Your Gaming Account for Prohibited Activities or suspicious gaming transactions including for unusual frequency or patterns, use of non-public information, automated bets, influence of events, multiple accounts, bets made in concert with others, use of masking devices or other technology to hide location, and any other activity We reasonably believe is suspicious (each, a “Suspicious Gaming Activity”). We reserve the right to investigate any such activity and suspend Your Gaming Account, including any withdrawals, and cancel any bets, during such investigation. We reserve the right to withhold any funds in Your Gaming Account and seek to recover from You any losses suffered by Us that are in any way connected to Suspicious Gaming Activity.
i. Indiana – If We suspend Your withdrawals pursuant to any investigation of Prohibited Activity or Suspicious Gaming Activity, We will (1) provide You with notice concerning the nature of the investigation and (2) provide You with a written update on the status of the investigation every tenth business day starting from the day We sent You initial notice of the investigation.
ii. Maryland – If We suspend Your withdrawals pursuant to any investigation of Prohibited Activity or Suspicious Gaming Activity, We will provide You with notice concerning the nature of the investigation.
c. We reserve the right to suspend or close Your Gaming Account, void any or all bets, and take any other measures We deem reasonably appropriate if We believe You have or have attempted to conduct a Prohibited Activity or Suspicious Gaming Activity, defrauded Us, violated these Terms, or otherwise engaged in or attempted to engage in any other illegal or dishonest activity in connection with Your access or use of the Services. We are also obligated to refer the matter to the proper law enforcement or regulatory authorities if We reasonably believe You are engaged in illegal or fraudulent activity while using the Services.
a. You can take a temporary break at any time by suspending Your Gaming Account access for a period of time ("Deactivation Period"). Deactivation Periods range from a minimum of three (3) days to a maximum of three hundred sixty five (365) days. During the Deactivation Period, You will have limited access to Your Gaming Account to withdraw funds and view account details, but You will not be able to make any deposits or place bets. Past and pending bets that are valid and do not violate the Terms remain unaffected by such temporary suspension. The Deactivation Period ends automatically after the specified period. However, You may not reactivate Your Gaming Account at any time before this period expires.
b. You can set automatically renewing self-imposed gaming limits for Your Gaming Account by adjusting the corresponding settings in Your Gaming Account. You can set gaming limits on a daily, weekly, or monthly basis. Once You establish self-imposed gaming limits, any request You submit thereafter to reduce or remove these limits will not take effect until twenty-four (24) hours after You have requested the modification. You may not change self-imposed gaming limits while Your Gaming Account is suspended.
c. To temporarily suspend Your Gaming Account or set gaming limits, You must contact Our Customer Support Team at firstname.lastname@example.org or go into Your Gaming Account settings.
d. Your Gaming Account will be suspended if you have a negative balance.
e. Self-exclusion. Through Our self-exclusion option, You may choose to suspend Your Gaming Account for a period of one (1) year, three (3) years, five (5) years, or for a lifetime. For the entirety of the period of time You have chosen to self-exclude, You will not be permitted to use Your Gaming Account, close Your Gaming Account, or open another Gaming Account. Any open bets will be settled as provided in the House Rules and funds will be paid to You after settlement and upon Your request. You may withdraw the funds in Your self-excluded Gaming Account at any time by contacting email@example.com and such withdrawn amounts will be in the form of a check and sent to Your mailing address. Withdrawals will not be delayed or restricted due to self-exclusion; however, to the extent applicable, withdrawals may be delayed or restricted as provided in Section 11.
i. Indiana – The Indiana Gaming Commission maintains an Internet Self-Restriction Program (ISRP) through which individuals may request exclusion from participation in mobile sports wagering in Indiana. To learn more or apply, please visit: https://secure.in.gov/igc/internet-self-restriction-program/.
ii. Maryland – The Maryland Lottery and Gaming Control Commission has a Voluntary Exclusion Program for individuals who wish to voluntarily ban themselves from sports wagering, Maryland casinos, the Maryland lottery, instant bingo halls, or daily fantasy sports. To learn more or to apply, please visit: https://www.mdgamblinghelp.org/problem-gambling-info/voluntary-exclusion-program/.
iii. Virginia – The Virginia Lottery has a Voluntary Exclusion Program for individuals that wish to voluntarily exclude themselves from Virginia casino gaming establishments, sports betting, account-based lottery as well as gaming activities administered by the Office of Charitable and Regulatory Programs and the Virginia Racing Commission. To learn more or to apply, please visit: https://www.valottery.com/playingmatters/voluntaryexclusionprogram.
f. Account Closure by You. Subject to any exclusion period restrictions that may be in place as set forth in Section 18(e), You are entitled to close Your Gaming Account and terminate these Terms for any reason. If You wish to terminate these Terms, please state so explicitly by contacting Customer Support Team at firstname.lastname@example.org. Otherwise, the Gaming Account closure will not be considered as termination. All pending bets will remain valid unless so doing would be a violation of these Terms or applicable laws or regulations.
g. Account Closure by Us. TO THE FULLEST EXTENT OF THE LAW, AND IN ADDITION TO ANY OTHER RIGHTS WE HAVE UNDER THESE TERMS, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR GAMING ACCOUNT IF ANY OF THE FOLLOWING OCCURS (OR WE REASONABLY BELIEVE IT HAS OCCURRED OR WILL OCCUR): (1) YOU DECLARE BANKRUPTCY (2) YOU ARE IN MATERIAL BREACH OF THESE TERMS, (3) YOU COMMITTED (OR ATTEMPTED TO COMMIT) A FRAUD AGAINST US OR A THIRD PARTY USING THE SERVICES OR OTHERWISE USED THE SERVICES FOR UNLAWFUL, UNFAIR, OR IMPROPER PURPOSES, (4) YOU IMPROPERLY DENY ANY DEPOSITS OR CAUSE CHARGEBACKS, (5) WE ARE INSTRUCTED TO OR ORDERED BY A LAW ENFORCEMENT OR REGULATORY AGENCY OR COURT, OR (6) IF ADVISED BY OUR LEGAL COUNSEL TO DO SO. IF ANY OF THE ABOVE EVENTS OCCUR, WE MAY WITHHOLD YOUR GAMING ACCOUNT BALANCE, AND RECOVER FROM YOUR GAMING ACCOUNT THE AMOUNT OF ANY WITHDRAWALS, WINNINGS, OR BONUSES AS NECESSARY AND IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
19. Consent to Contact
By signing up for a Gaming Account or communicating with Us electronically, such as via e-mail, You hereby consent to receive communications from Us via e-mail, telephone or mail, from Us or Our affiliates. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
20. Third-Party Websites & Software
a. At Our discretion, the Services may contain links to third-party websites. These links are provided solely as a convenience to You and not as an endorsement by Us of the contents on such third-party websites. We may also display and make accessible promotions, advertisements, and offers provided by third parties (“Third-Party Promotions”). You acknowledge that We are not responsible or liable for the content of linked third-party websites or Third-Party Promotions and that We do not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or comprising the Third-Party Promotions. If You decide to access any linked third-party websites or Third-Party Promotions, You do so at Your own risk. You further acknowledge and agree that We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource. You agree that Your sole remedy in connection with any Third-Party Promotion or third-party website will be with the third party offering the Third-Party Promotion or third-party website and that You will have no remedy against Us arising from Your participation in, or inability to participate in, any Third-Party Promotion or third-party website.
b. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content You post is subject to the terms and conditions and privacy policies of those platforms and related services. We have no control over such social media platforms or related services.
c. For certain of the Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, You may be required to enter into an end user license agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to You as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
21. Intellectual Property
a. The Services contain a variety of materials, including: (i) materials and other items relating to Us and Our products and services, and similar items from Our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Betr; and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
b. The Services (including past, present, and future versions) (including, the Content therein) are owned or controlled by Betr or Our licensors and certain other third parties. All right, title, and interest in and to the Services (including, the Content therein) are the property of Betr or Our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent, or other intellectual property rights to the fullest extent possible. We reserve all rights in and to the Services (including, the Content therein) not expressly granted to You under these Terms. You acknowledge that You do not acquire any right, title, or interest in any of the Services (including, the Content therein) as a result of using Our Services, including, downloading material from or uploading material to the Services. Nothing contained on the Platforms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Services without Our express written permission.
c. Subject to Your strict compliance with these Terms, We grant You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone, or other wireless device, or other Internet enabled device for Your personal, non-commercial use only, and solely for purposes of using the Services. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Our sole discretion, and without advance notice or liability. You may not distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without Our express written permission. Further, unless expressly stated herein, You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, create derivative works, or otherwise exploit any of the Content (or intellectual property rights therein), whatsoever without the express written permission of the respective owners.
d. As between You and Us, the software used to operate the Services (the “Software”) is owned by Us and will remain as Our property. You will only use the Software in accordance with these Terms. If You become aware that the Software is being used in any manner not authorized by these Terms, You will immediately notify Us. You will not: (i) reverse engineer or decompile (whether in whole or in part) the Software; (ii) make copies, modify, reproduce, publish, transmit, alter, or distribute the Software or all or any part of the Services or any material or information contained on the Services; (iii) use the Software for any unlawful purposes; (iv) use the Software in a manner that constitutes a violation or infringement of the rights of any third party (including, intellectual property rights); or (v) use the Software to cause harm or damage to the computer systems, network, or equipment of any third party. For the avoidance of doubt, use of the Software is deemed part of the Services.
e. From time to time, We may issue and make available to You upgraded versions of the Software. All such upgrades shall be deemed to be Software for the purposes of these Terms. If You have downloaded Our Apps, You agree to promptly download and install any new version that We make available. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not We disclose that they do; accordingly, failure to promptly update Your version of the Apps may in some cases expose You to increased security risks or service malfunctions.
f. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Us in connection with the use of the Services shall be Our exclusive property. You agree that unless otherwise prohibited by law, We may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to You.
22. User Generated Content
a. Certain of the Services may invite or permit You to upload Your own content or communicate content or materials through the Services (such content, “User Generated Content”). We do not pre-screen or exercise editorial control over, and therefore do not endorse any, User Generated Content, and We will not be liable in relation to such User Generated Content. You understand and agree that You are solely responsible for Your User Generated Content.
b. Once You post or communicate any User Generated Content through the Services, You expressly, and hereby do, grant Betr, its parents, subsidiaries, affiliates, and partners, a non-exclusive, worldwide, royalty-free, fully sublicensable, transferable, and irrevocable license to quote, re-post, use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, display, distribute, transmit, and broadcast such User Generated Content in any form and for any purpose (including commercial purposes), with or without attribution to You, and without any notice or compensation to You of any kind. You hereby waive any so-called "moral rights" You may have in Your User Generated Content. You agree that We may also use the name, likeness, voice, or image contained in such User Generated Content as We see fit, including for commercial purposes, and You represent and warrant that You have the right to grant Us permission to use any such name, voice, likeness, or image of such individual appearing in the User Generated Content throughout the world in perpetuity. In addition, You waive any right to inspect or approve the finished product, including written copy, where the likeness or testimonial appears.
c. For any User Generated Content You provide, You hereby warrant, represent, and agree that such content:
i. Does not violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), and that You have all rights necessary to grant to Betr the license above;
ii. Does not contain any defamatory or otherwise inappropriate materials or statements;
iii. Does not contain any form of malicious computer code (e.g., viruses, bugs, trojan horses, etc.) which could disable or disrupt any of the Services;
iv. Complies with all applicable laws and regulations; and
v. May be used in connection with publicizing and promoting Betr and its Services.
d. You acknowledge and agree that any User Generated Content You submit when using the Services, including reviews and Your communications with other users via online messaging, private messaging, forums, or bulletin boards, and any other similar types of communications and submissions on or through the Services, are non-confidential, public communications, and You have no expectation of privacy concerning Your use of or participation in the Services (other than with respect to the information You provide to Us in establishing Your Gaming Account).
e. We reserve the right (but are not obliged to), in Our sole discretion, to edit or remove User Generated Content, with or without notice and for any reason. You hereby agree that, to the maximum extent permitted by applicable law, We will at no time be responsible or held liable for the removal, modification, or blocking of, or other damage to or loss of, any User Generated Content. The views expressed in User Generated Content are the views of the individual concerned, not Ours.
23. Digital Millennium Copyright Act
We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, We have adopted a policy of terminating, in appropriate circumstances, users who repeatedly infringe the intellectual property rights of others. If You believe that anything on the Services infringes any copyright that You own or control, please provide the following information to the DMCA Agent identified below:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. A description of the copyrighted work that You claim has been infringed upon;
c. A description of where the material that You claim is infringing is located within the Services;
d. Information reasonably sufficient to permit Betr to contact You, such as address, telephone number, and, if available, an e-mail address at which You may be contacted;
e. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement that include the information above should be submitted via postal mail or e-mail to Us as follows:
Betr Holdings, Inc.
290 NE 68th Street
Miami, FL 33138
You agree to indemnify, defend (at Our option), and hold Betr and its parent companies, subsidiaries, affiliates, and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Betr Parties”) harmless from and against any and all damages, losses, liabilities, claims, costs (including reasonable attorneys’ fees and court costs), investigations, judgments, fines, penalties, settlements, interest, expenses, or demands, including, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) Your use of the Services and Your activities in connection with the Services (including any actions taken with respect to a linked third-party website or Third-Party Promotion); (ii) any information You submit to Us, including, any User Generated Content; (iii) Your breach, alleged breach, or anticipatory breach of these Terms; (iv) Your violation of any applicable laws or regulations in connection with Your use of the Services; (v) information or material transmitted through Your device, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by You; and (vii) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use, or misuse of any winnings or while preparing for, participating in or traveling to or from any Services related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy (all of the foregoing, “Claims”). You will cooperate as fully required by Us in the defense of any Claims. Notwithstanding the foregoing, We retain the exclusive right to settle, compromise, and pay any and all Claims. We reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of Betr. We may, in Our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any bet or receiving any pay-out.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS BASIS”, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE BETR PARTIES HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING, FOR CLARITY, THE PLATFORMS, SOFTWARE, CONTENT, AND ANY GAMES), INCLUDING, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, OR RELIABILITY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
b. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BETR PARTIES, DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; (IV) THE SERVICES (INCLUDING FOR CLARITY, ANY CONTENT OR FEATURES) MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE; (VI) ANY DEFECTS OR ERRORS ON THE SERVICES WILL BE REPAIRED OR CORRECTED; OR (VII) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
c. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
26. Limitation of Liability
a. YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE BETR PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
b. YOU UNDERSTAND AND AGREE THAT THE BETR PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING ANY, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE BETR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION ABOVE MAY NOT APPLY TO YOU.
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF THE BETR PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED, IN THE AGGREGATE, TO (I) WHERE SUCH LIABILITY RELATES TO A SPECIFIC WAGER, THE VALUE OF SUCH WAGER PAID BY YOU; OR (II) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000).
d. THE BETR PARTIES ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR BETS OR THE ACCEPTANCE OF BETS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. THE BETR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE SERVICES AND YOU CONFIRM THAT THE BETR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. BETR RESERVES THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
e. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
f. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF OUR ACTS OR OMISSIONS OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
g. THE BETR PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY, OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
h. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Betr Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether You bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
PLEASE READ THIS SECTION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BETR AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
a. Initial Dispute Resolution. Any claim or dispute arising from the Services, past or present, must be first directed to Us by contacting Our Customer Support Team via email at email@example.com. We will make reasonable efforts to respond to any complaint or dispute within seventy-two (72) hours and, in any event, in no later than ten (10) business days. We will offer an explanation if We do not agree with Your complaint, inquiry, or dispute. The Parties shall use commercially reasonable efforts through this process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either Party initiating a lawsuit or arbitration.
i. Maryland – If We are unable to resolve any dispute within seventy-two (72) hours of receiving notice of the dispute, we will notify the Maryland Lottery and Gaming Control Commission.
b. We will make arrangements so that any unresolved disputes that involve the settlement of wagers be referred to the gaming commission in Your jurisdiction:
i. Indiana – Indiana Gaming Commission
ii. Maryland – Maryland Lottery and Gaming Control Commission
iii. Massachusetts – Massachusetts Gaming Commission
iv. Ohio - Ohio Casino Control Commission.
v. Virginia – Virginia Lottery
c. If You are not satisfied with the outcome of any dispute, You have the right to file a written complaint in Your jurisdiction:
Indiana Gaming Commission
East Tower, Suite 1600
101 W. Washington Street
Indianapolis, IN 46204
ATTN: Sports Wagering Division
Maryland Lottery and Gaming Control Agency
1800 Washington Blvd., Suite 330
Baltimore, MD 21230
ATTN: Gaming Division
Massachusetts Gaming Commission
101 Federal Street, 12th Floor
Boston, MA 02110
ATTN: Gaming Agents
Ohio Casino Control Commission
100 East Broad Street
Columbus, OH 43215
ATTN: Patron Inquiry/Complaint
d. Governing Law. These Terms and all aspects of the Services shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of laws provisions, regardless of Your location, subject to the state-specific exception below. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in New Castle County, Delaware, and You hereby consent to, and waive any and all jurisdictional and venue defenses otherwise available, subject to the state-specific exception below.
i. Indiana –By using these Services, You consent to the jurisdiction of the state of Indiana for resolution of any disputes arising out of Your use of the Services.
e. Binding Arbitration; No Class Action Matters; Waiver of Jury Trial. If the Parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution begins under the Initial Dispute Resolution provision set forth above, then either Party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. All disputes arising out of or related to these Terms or any aspect of the relationship between You and Betr (including, for purpose of this Section, its affiliates), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator, instead of in a court by a judge or jury and You hereby agree that Betr and You are each waiving the right to trial by a jury. To the fullest extent permitted by applicable law, You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and You are expressly agreeing to give up the ability to participate in a class action.
The arbitration shall be seated in Miami, Florida, and shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org. The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision shall follow these Terms and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
You agree that, regardless of any law to the contrary, the arbitrator shall have no authority to award punitive or exemplary damages. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude You from bringing issues to the attention of federal or state agencies and, if the law allows, they can seek relief against Us for You.
The Parties shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
f. 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt-out to the following address: Betr Holdings, Inc., 290 NE 68th Street, Miami, FL 33138. The notice must be sent within thirty (30) days of Your first use of the Services, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of these arbitration provisions, Betr also will not be bound by them.
g. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT ANY CLAIM OR CAUSE OF ACTION AGAINST THE OTHER ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE TERMS, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE -- OR IT WILL BE FOREVER BARRED.
h. Notwithstanding anything to the contrary in these Terms, We may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect Our intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets.
We reserve the right, without any limitation, to: (a) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (b) investigate any suspected breaches of these Terms; (c) investigate any information obtained by Us in connection with reviewing law enforcement databases or complying with criminal laws; (d) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and (e) prosecute violators of these Terms.
29. Additional Provisions
a. Entire Agreement. These Terms contain the entire understanding of the Parties with respect to the matters contained herein and supersede and replace in its entirety any and all prior communications and contemporaneous agreements and understandings between the Parties, whether oral, written, electronic, or implied, and cannot be changed or modified by You except as posted on the Services by Us. We each acknowledge that We have not relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between Us except as expressly stated in these Terms.
b. Severability. If any provision of these Terms is held invalid, void, or unenforceable under any circumstance, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions of these Terms. In the case of the severance of any terms, the part deemed invalid, void, or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.
c. Waiver. No waiver of any provision of these Terms by Us shall be deemed a further or continuing waiver of such provision or any other provision, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision and shall not relieve You from compliance with such obligations.
d. Relationship Between Parties. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between You and Us.
e. Assignment. You may not assign, sublicense, or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Terms without Our prior written consent. On occasion, We may require the ability to transfer, assign, or sublicense these Terms to a third party, for example (but without limitation) in the case of Our engaging new third-party service providers or in the case of a merger or acquisition. You hereby consent, and We reserve the right to, transfer, assign, or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice.
f. Headings; Interpretation. The section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against Betr by virtue of having drafted them. For purposes of these Terms, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (iii) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (iv) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms to a statute means such statute as amended from time to time and includes any successor legislation and any regulations created.
g. No Third-Party Beneficiaries. Except as is expressly stated in Section 30, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than You.
h. Notices. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by You shall, until We have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
i. Termination. Any suspension or termination will not affect Your obligations to Us under these Terms. Upon suspension or termination of Your access to the Services, or upon notice from Us, all rights granted to You under these Terms will cease immediately, and You agree that You will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to Us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability, and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
j. Force Majeure. Betr will not be deemed in default or otherwise liable to You under these Terms for any loss or damage that You may suffer due to Our inability to perform Our obligations by reason of any act of God, fire, earthquake, blizzard, flood, hurricane, fire, epidemic, pandemic, danger to public health or safety, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by Betr’s default hereunder), failure or delay of any transportation, power, or communications system, or any other act, omission, delay, or failure, not under Betr’s control.
30. Terms Applicable to Apple iOS
If You are accessing or using one of Our Apps through a device manufactured or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
a. These license granted to You in Section 21 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: https://www.apple.com/legal/itunes/Us/terms.html) and any third-party terms of agreement applicable to the Apps.
b. To the extent that You are accessing an App through an Apple Device, You acknowledge that these Terms are entered into between You and Betr and, that Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below.
c. You acknowledge that Betr, and not Apple, is responsible for providing the Apps and Content thereof.
d. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to You with respect to the Apps.
e. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps.
f. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, You acknowledge that, solely as between Apple and Betr, Betr and not Apple is responsible for addressing any claims You may have relating to the Apps, or Your possession or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
g. Further, You agree that if an App, or Your possession and use of an App, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
h. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.
i. When using an App, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
j. You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.