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Terms of use
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to all associated sites owned or operated by BettrNation, Inc., its subsidiaries and affiliates (“BettrNation”) including, but not limited to, the BettrNation website(s) and all applicable BettrNation social media platforms(collectively, the “Site”). The Site is the property of BettrNation and its licensors.
You must be 21+ years of age and in a proper jurisdiction in order to participate in sports betting. If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER.
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. YOU ALSO HEREBY ACKNOWLEDGE AND AGREE THAT, IN THE EVENT YOU SIGN UP FOR OUR NEWSLETTER, COMMUNITY, OR OTHER OFFERINGS, YOU HEREBY CONSENT TO RECEIVING MARKETING AND RELATED EMAILS AND SIMILAR CORRESPONDENCE FROM BETTRNATION. If you do not agree with these Terms of Use, please do not use this Site.
BettrNation reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. BettrNation will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use this Site after the date they become effective. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, BettrNation grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. Content & Intellectual Property
All data, information, betting odds, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by BettrNation or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.
All trademarks appearing on this Site are the property of their respective owners, including, in some instances, BettrNation and/or its partner companies. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by BettrNation or by any third party.
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of BettrNation and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.
All materials contained or distributed in this website (the “Materials”) are owned by BettrNationor its licensors. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of BettrNation and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.
2. Your Use of the Site; Restrictions
You may browse this Site and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without BettrNation’s express prior written consent.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of BettrNation, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BettrNation, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Site.
Accounts may not be shared and may only be used by one individual per account.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BettrNation’s systems or networks, or any systems or networks connected to the Site or to BettrNation.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site. In addition, you agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing BettrNation’sname or trademarks without BettrNation’s express written consent.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BettrNation on or through the Site or any service offered on or through the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BettrNation or others. Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. You also agree not to use the Site or our services: (a) in any way that violates any applicable national or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (d) to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity; (e) in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Site or services, or which, as determined by us, may harm or offend us or users of the Site or our services or expose them to liability. In addition, you also hereby agree to not: (1) take any action that may harm us or damage the Site or our ability to provide any services; (2) attempt to interfere with the proper working of the Site; and (3) use the Site as part of any effort to compete with us or otherwise use the Site and/or the any of our content or service for any revenue-generating endeavor or commercial enterprise. Any violation of BettrNation’s system or network security may subject you to civil and/or criminal liability.
By creating an account on the Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by contacting us by emailing contact@bettrnation.com or following the instructions on the Contact Us page on the Site.
3. Feedback & User Content
Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or BettrNation that you provide to BettrNation (but excluding your PII) (collectively, “Feedback”) is deemed to be BettrNation’s proprietary information. BettrNation may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and BettrNation shall own all rights, title and interest in and to the Feedback and such improvements and modifications.
This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on this Site, you hereby grant to BettrNation and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to BettrNation and its affiliates, and each of their respective licensees, successors, and assigns. BettrNation is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to BettrNation, and which is subject to the privacy standards set forth in BettrNation’s Privacy Policy. To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current and complete.
4. Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including, but not limited to, contests, promotions or other similar features (as further described in Section 5 below), all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. BettrNation may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, in accordance with the notice procedures set forth above.
If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, withoutlimitation, your credit card number, the expiration date of your credit card, your billing address,and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third partyservices for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order or other reasons.
Some parts of our services may be billed on a subscription basis (“Subscription(s)”). For any such Subscription, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to such payment instruments. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
To the extent applicable, you may cancel your subscription at any time – however, there are no refunds for cancellation. Payments are nonrefundable and there are no refunds or credits for partially used billing periods. Unfortunately, we are unable to refund subscriptions via iOS or Google Play subscriptions. All such subscriptions must be cancelled or changed directly through the applicable platform.
You can cancel your subscription to BettrNation at any time, and you will continue to have access to the Service for the remainder of your applicable billing cycle. To cancel your subscription, go to the Settings page in your account on our website and follow the instructions for cancellation. If you cancel your subscription, your subscription will automatically end at the end of your current billing period. If you signed up for BettrNation using your account with a third party as a Payment Method and wish to cancel your subscription, you may need to do so through that third party (such as Apple or Google) by visiting your account with the applicable third party and unsubscribing from BettrNation through that third party.
Your subscription to BettrNation may begin with a free trial. The duration of the free trial period of your subscription will be specified during checkout and is intended to allow first-time subscribers to try our Services. Trials require at least one valid Payment Method associated with your account. We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically start unless you cancel your prior to the end of the free trial period. To view the applicable subscription price and end date of your free trial period, visit our website and click Settings on your account page. Once a charge is made, there is no refund available and you will need to follow the cancellation process to avoid being charged at the completion of your current billing period.
BettrNation may offer special introductory rates on certain of its services.
It is the responsibility of the member to keep track of the account expiration date and cancel prior to renewal. Members can review their expiration date and/or cancel active memberships at any time by logging in and visiting the their respective account page.
5. Sweepstakes, Contests, and Promotions
Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit BettrNation to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.
6. Privacy
BettrNation’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view BettrNation’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
7. Third-Party Content, Links and Services
The Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of BettrNation making this Third-Party Content available or accessible to you, you acknowledge that BettrNation has not reviewed all of the Third-Party Content and that BettrNation is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by BettrNation or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, BettrNation is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. BettrNation may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third partyparticipation is acceptable.
If BettrNation provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through BettrNation’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. BettrNation does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.
8. Monitoring; Copyright Complaints
You agree that BettrNation has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in BettrNation’s sole discretion, any Material and Content anywhere on this Site. Notwithstanding this right, BettrNation does not and cannot review all Materials, User Content, PII, and Feedback submitted to this Site. If notified, BettrNation may investigate an allegation that content transmitted to BettrNation is in violation of these Terms of Use, and BettrNation will determine whether to have the communication removed. However, BettrNation is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
BettrNation may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify BettrNation by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BettrNation to locate the material;
information reasonably sufficient to permit BettrNation to contact you, such as an address, telephone number, and if available, an e-mail address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
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.
To send us any communication relating to a DMCA request, please follow the instructions included on our Contact Us page on the Site.
9. Disclaimers
BETTRNATION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BETTRNATION CANNOT ENSURE THAT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BETTRNATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BETTRNATION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OF BETTRNATION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST BETTRNATIONFOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You understand that the Site contains information about sports, fantasy sports, and sports betting, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. BETTRNATION ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK. By using our Site and/or our services, you agree that you bear responsibility for your own bets.
Moreover, we want to help you make money. However, we are not in the business of renderingpersonalized betting advice. We can't know all the relevant facts about you and your individualneeds, and we cannot claim or represent that any particular bet is suitable for you. Accordingly, you agree that any recommendation or action taken does not constitute a recommendation that a particular bet is suitable for you. We may partner with third parties in order to make betting our recommendations easier for you. We will not, and cannot, bet on your behalf at any sportsbook. Only you can decide whether or not a bet is right for you and you agree to be liable for any bet you initiate with your sportsbook accounts using tools that we or our partners provide.
10. Applicable Law and Venue; Dispute Resolution
By use of this Site you irrevocably consent to the application of the laws of Delaware, without regard to its conflicts of laws provisions, to govern any and all disputes with BettrNation related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts in the state of Delaware. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Wilmington, Delaware, except that, to the extent you have in any manner violated or threatened to violate BettrNation’s intellectual property rights, BettrNation may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BETTRNATION WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
11. Applicable Law and Venue; Dispute Resolution
THE SITE IS INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES ARE BETTRNATION, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF BETTRNATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site.
Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.
Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect.
13. Indemnity
You agree to defend, indemnify, and hold harmless BettrNation and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.
BettrNation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without BettrNation’s prior written consent.
14. Rights to Terminate Use
Upon termination of your account for any reason, BettrNation will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive.
To the extent that any part of this Site offers subscriptions to users, BettrNation reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.
You agree that BettrNation reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where BettrNation has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO BETTRNATION AND WITHOUT ANY LIABILITY WHATSOEVER, BETTRNATION AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE AND/OR THE SERVICES.
You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to BettrNation, for which monetary damages would be inadequate, and you consent to BettrNation obtaining any injunctive or equitable relief that BettrNation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BettrNation may have at law or in equity.
15. State-Specific Provisions.
Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. BettrNation may be contacted by emailing contact@bettrnation.com or following the instructions included on our Contact Us page on our Site.
16. Confidentiality.
From time to time, we may disclose or make available to you, our proprietary information which is not generally known to the public that we use, developed or have obtained (“Confidential Information”). Without limiting the foregoing: (a) if we discuss information about our Site or services with you, such discussions are considered our Confidential Information; (b) if you learn it behind our paywall, it is considered our Confidential Information; and (c) if your Subscription includes delivery of odds data or a data feed (“Service Data”), such Service Data shall be considered our Confidential Information. Confidential Information does not include any information that: (w) is or becomes generally available to the public other than as a result of Receiving Party's breach of this section; (x) is or becomes available to you on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (y) was in your possession prior to disclosure hereunder; or (z) was or is independently developed by you without using any Confidential Information.
You must: (a) protect and safeguard the confidentiality of our Confidential Information with atleast the same degree of care as you would protect your own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not our ConfidentialInformation, or permit it to be accessed or used, for any purpose other than to exercise yourrights or perform your obligations under these Terms; and (c) not disclose any such Confidential Information to any other person or entity. If you are required by applicable law or legal process to disclose any Confidential Information, you must, prior to making such disclosure, use commercially reasonable efforts to notify us of such requirements to afford us the opportunity to seek, at our sole cost and expense, a protective order or other remedy.
You represent and warrant that you: (a) will not publish any Confidential Information, service or any Service Data received through the Site; (b) will not allow any person to access the Site, our services or Service Data received; and (c) will use the Site, our services, and Service Data consistent with all applicable laws. You represent and warrant that you have obtained all requisite approvals, registrations, permits, authorizations, or licenses necessary to provide your products and services.
Notwithstanding anything herein or in any other agreement between you and us to the contrary, we may disclose, to any gaming authority or other regulatory body, without any violation of these Terms or any other agreement between you and us, a copy of these Terms and any other agreement.
17. Miscellaneous.
BettrNation’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. BettrNationmay assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without BettrNation’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,16 and 17, along with any other provisions which by their nature should survive, shall survive any termination of these Terms of Use. These Terms of Use, together with BettrNation’s Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
If you have any questions or comments regarding these Terms of Use, BettrNation’s Privacy Policy, or this Site, please feel free to contact BettrNation by emailing contact@bettrnation.com or following the instructions included on our Contact Us page on our Site. BY USING THE SITE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
