Terms & Conditions
Effective June 19, 2023
Lien Games Racing LLC, a North Dakota limited liability company ("LGR") is a licensed Service Provider which offers an advance deposit wagering service to eligible consumers in certain states in the United States utilizing the Potent Interactive Platform for this website and associated mobile applications (the website and associated mobile applications collectively, the "Application"), which utilizes a proprietary application programming interface integrated with certain trusted third-party applications, such Application and proprietary interface designed, developed and maintained by Potent Systems, Inc., a Delaware corporation ("Potent"), (LRG and Potent collectively referred to herein as "us" or "we"). As used herein, the term "Service" refers collectively to all means and methods by which a consumer: (i) becomes an approved user of LGR's advance deposit wagering service; and (ii) utilizes the advance deposit wagering service to place wagers and use other features and functionalities offered by the Application.
These Terms and Conditions (the "Terms and Conditions") describe the terms and conditions applicable to the use of the Service. This is a legal agreement and it is important that you read and understand exactly what you are agreeing to. By visiting or accessing the Service, you represent and warrant that you are eighteen (18) years of age or older, or twenty-one (21) years of age or older where under state or local law users are required to be twenty-one years of age, can form legally binding contracts under applicable law, and agree to be bound by these Terms and Conditions and to all applicable laws, statutes, and ordinances. If you have any questions about this Agreement, please email us.
1. ACCEPTANCE OF TERMS
These Terms and Conditions, as amended from time to time, comprise a legal agreement between you ("you" or "User" or "End User" or "Account Holder") and us. You should read these Terms and Conditions before you use the Service. By registering for and using the Service in any manner, you will be deemed to have agreed to be bound by these Terms and Conditions, as they may be modified from time to time. If you do not agree with these Terms and Conditions, do not use or access the Service.
Some features offered through the Service may be subject to additional terms and conditions promulgated from time to time. Your use of such features is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
2. REGISTRATION AND ELIGIBILITY
Use of the Service is subject to all applicable State and Federal laws and regulations and can only be used by natural persons who are eighteen (18) years of age or older, except where by state or local law users are required to be twenty-one (21) years of age. By using the Service, you represent and warrant that: (a) you are a natural person who is eighteen years of age or older (or twenty-one (21) years of age or older in locations where such age is required); (b) you are a United States citizen or resident alien: (c) the residential address you provided is true and correct and that you are a resident of the state associated with such residential address; (d) all registration information you submit is truthful and accurate; (e) at all times you will maintain the accuracy of such information including name, primary residence address, email address, and phone number by contacting Player Services; and (f) your Account is only for your own personal use and you will not: (i) use your Account in connection with a commercial business or otherwise for commercial purposes; and (ii) allow others to access or use your Account. If your primary residence address changes, you agree not to use your Account until after you have notified us of such change and your new address has been verified. LGR may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
3. USER ACCOUNTS
3.1 Account Creation
To use the Service, you will be required to create a user account ("Account"). To open an Account, a User must be legally allowed to open a pari-mutuel advance deposit wagering account and not otherwise be disqualified by these Terms and Conditions or applicable state law. You authorize LGR to open a pari-mutuel advance deposit wagering account in your name to place wagers as instructed by you and manage funds on your behalf. You also authorize LGR to use third-party services to authenticate your Account information. You agree that you may create and have only one Account. You may not assign or transfer your Account, either in whole or in part. Any attempt to do so in violation of this requirement shall be void and of no effect. Funds are not transferrable between Accounts.
3.2 Account Security
a. Password Access - You are fully responsible for maintaining the confidentiality of your password, and for any and all activities that occur in association with your account, whether or not authorized by you. You may not use anyone else's account and you may not allow anyone else to use your account. You agree to notify LGR immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence of such compromise or breach as requested by LGR. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.
b. Biometric Verification - The Service may allow you to access and authenticate your Account via the transmission of certain biometric information instead of typing in your account password. Biometric verification is any means by which a person can be uniquely identified by evaluating one or more distinguishing biological traits. Unique identifiers include fingerprints, hand geometry, earlobe geometry, retina and iris patterns, voice waves, DNA, and signatures. The Service may integrate with the Apple, Inc. TouchID Service and may integrate in the future with other biometric login/authentication services made available by mobile device operating system providers (collectively a "Biometric Authentication Service"). If the operating system for your mobile device contains a Biometric Authentication Service and the Service has integrated that particular Biometric Authentication Service, you may elect to enable the Biometric Authentication Service in using the LGR Service. If you choose to enable the Biometric Authentication Service in connection with your use of the Service, your use of the Biometric Authentication Service shall be governed by the following terms and conditions.
1. You are not permitted to enable the Biometric Authentication Service in connection with the Service if any fingerprint besides your own is registered on the device. To help keep your account secure and to help prevent unauthorized access or transactions, you agree that only your fingerprint is registered to use the Biometric Authentication Services on your device.
2. If you choose to enable the Biometric Authentication Service in connection with your use of the Service, any registered fingerprint can be used to sign into the Service and access your account. Signing into the Service via the Biometric Authentication Service will have the same effect as signing in using your account password.
3. You are responsible for any transactions on your Account that are authorized through the Biometric Authentication Service and/or for any access to the Service authorized through the Biometric Authentication Service. We will not be responsible to you for any losses that may result from the Service being signed into or accessed through the Biometric Authentication Service by a fingerprint that does not belong to you. It is important that no other person is registered or authorized to use the Biometric Authentication Service on your device.
4. The Biometric Authentication Service is a service offered by your mobile device's operating system provider and as such we are not responsible for your use or inability to use the applicable Biometric Authentication Service. We do not endorse or warrant the use of any Biometric Authentication Service. LGR does not collect or store fingerprint data and is not provided this data by Biometric Authentication Services.
3.3 Your Account Deposits
a. Account Deposit Methods. LGR allows Account Holders to make a deposit to their Accounts multiple ways, including ACH, paper check, bank deposit, credit and debit cards, pre-paid cards, crypto-currency, and potentially other funding mechanisms (each a "Funding Source"). You represent that you are an authorized user of the chosen Funding Source and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true, and accurate. You understand and agree that LGR maintains a no-return and no-cancellation policy, so that once a deposit request is submitted, you may not request a return of such funds, nor cancel the deposit transaction. The only procedure to receive back deposited funds is to submit a withdrawal request, in accordance with Section 3.3 (d). Your Account balance bears no interest and Account deposits may be subject to deposit fee charges. Deposits will be made available for your use in accordance with normal financial industry availability standards. Users can view Account balances through the Service.
Your use of a Funding Source by you will be governed by the terms and conditions imposed by us on you and by the applicable Funding Source and nothing herein shall modify, amend, or supersede your agreement with the Funding Source utilized by you to make a deposit.
If using a credit card as a Funding Source, please be aware that your credit card issuer may consider such a deposit to be a cash advance transaction that subjects you to additional costs and fees under your agreement with your credit card issuer. We are not liable for any fees or costs imposed on you by your credit card issuer.
b. Electronic Signature and ACH Authorization - If you elect to fund your Account by depositing amounts from your personal bank account, the terms of this Section 3.3(b) and Section 3.3(c) below (and any additional ACH-related terms and conditions posted on the Service) shall apply to your use of the Automated Clearing House ("ACH") payment system. By choosing your personal bank account as your deposit method, you agree that: (i) you have read, understood, and agree to the terms and conditions set forth in this Section 3.3 (and any additional ACH terms and conditions posted on the Service);(ii) your agreement to the ACH terms and conditions constitutes a writing signed by you under all applicable laws or regulations; (iii) you consent to the electronic delivery of the disclosures contained in the ACH terms and conditions; and (iv) you authorize LGR (or LGR's agents or vendor for ACH transactions) to make any inquiries LGR considers necessary to validate your account, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. Further, you hereby authorize LGR or LGR's agent or vendor for ACH transactions to: (i) initiate a debit, in the amounts indicated by you from time to time and at your request, from your personal checking account in the depository financial institution identified by you and to deposit the debited amount into your Account; and (ii) initiate a credit, in the amounts indicated by you from time to time and at your request, to your personal checking account in the depository financial institution identified by you and to deposit the designated amount into your personal bank account by withdrawing the corresponding amount from your Account. You agree that you cannot and will not use any bank account associated with or controlled by any business in connection with funding your Account or withdrawing amounts from your Account.
c. Returned Items - You acknowledge that LGR (or LGR's agent or vendor for ACH transactions) may make additional attempts to collect the deposit to your Account if your bank account has insufficient funds to cover any transaction initiated by you to deposit funds into your Account. You acknowledge that LGR (or LGR's agent or vendor for ACH transactions) may charge you a returned item fee of twenty-five dollars ($25.00) or such higher amount as determined by LGR's agent or vendor for ACH transactions (the "Returned Item Fee") if your bank account has insufficient funds to cover any transaction initiated by you to deposit funds into your Account. You authorize LGR (or LGR's agent or vendor for ACH transactions) to collect failed deposits and the Returned Item Fee from other forms of payment you have previously used to make deposits into your Account. Additionally, you understand and agree that LGR reserves the right to suspend your Account until such time as you have paid all failed deposits and Returned Item Fees to LGR or LGR's agent or vendor for ACH transactions.
3.4 Account Suspension and Termination
LGR reserves the right, at its sole discretion, to terminate and close an Account for any reason whatsoever and without explanation. In the event an Account is terminated and closed, LGR shall return to you the balance of any funds in your Account at the time of termination and closure, unless such funds were the result of fraud, deception, or criminal activity. You retain full discretion to end or terminate your Account and discontinue use of the Service at any time and receive the balance of funds in your Account unless such funds were the result of fraud, deception, or criminal activity. If you move to a state where wagering services are not available and notify LGR of such a move, LGR may terminate the Account and return all remaining funds.
3.5 Tax Reporting and Withholding
LGR will report wager winnings and withhold taxes in accordance with applicable federal and state law. If a User Account is subject to IRS reporting and/or withholding requirements, LGR will send a Form W2-G summarizing information for tax purposes. Upon written request, LGR will provide a User with summarized tax information on the User's wagering activities. Pursuant to these reporting requirements, you agree to indemnify and hold harmless LGR for any claims, demands, liens, or judgments based on non-payment or underpayment of such taxes. You hereby grant to LGR a priority lien and security interest in all of your rights, title, and interest in and to the proceeds of any wager to the extent required to satisfy any taxing authority claims or liens. You agree to file any financing statements or other appropriate documents with the relevant governmental authorities to assure the validity, priority, and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any wager to any third party without the prior written consent of LGR. You are responsible for the payment of all applicable sales, use, gaming or other taxes for use of the Service and/or wagers placed via the Service imposed on you.
3.6 Account Withdrawals
Requests for withdrawals may only be made via the Service or by e-mailing us. Withdrawals will only be issued in the event the Account holder's current balance of collected funds is sufficient to cover the requested withdrawal amount. With respect to account withdrawal requests made by e-mail or through the Service, LGR will use commercially reasonable efforts to process such requests from collected funds in the Account within five (5) business days, or such shorter period as may be required by applicable law or regulation. You understand and agree that all withdrawals from your Account and all returns of funds to you by LGR will first be made using one or more of the Funding Sources (as defined in Section 3.3) you used to make deposits to your Account, with any remaining withdrawal amount sent by delivery of a paper check or ACH transfer, or, at LGR's discretion, such alternative withdrawal method requested by you, unless (i) regulatory requirements mandate a different disbursement method; (ii) the original Funding Source does not allow for incoming deposits; or (iii) LGR, in its discretion, decides to utilize a different disbursement method.
Single-use or pre-paid cards must be retained by you in the event a withdrawal request results in a credit back to such cards. LGR is not responsible for your lost or discarded cards.
3.7 Account Statement
Users may access their transaction history/account statement via the Service or by contacting us by e-mail. Account statements will only be delivered to the verified residence address or email address on file. LGR reserves the right to place time limitations on LGR's maintenance of account history information provided that such time period complies with applicable law.
3.8 Dormant Accounts
LGR reserves the right to deactivate and close your Account if there is no wagering activity for twelve (12) consecutive months (an "Inactive Account"). In the event an Inactive Account has funds on deposit, LGR may assess a minimal account maintenance service charge of no more than two dollars ($2.00) per month, until (a) the account is no longer inactive or (b) the balance reaches zero, whichever occurs first. In the event the balance of any funds in your Account at the time of termination and closure is less than two dollars ($2.00), the balance will not be credited to you and will be retained by LGR as an Account termination processing fee. Residents of New York whose Account is an Inactive Account after thirty-six months will be closed and the remaining funds on deposit will be distributed in accordance with applicable New York law and regulation.
In addition, any monies, either promotional, courtesy, or marketing incentives, which are deposited to your Account, with or without notice, and not spent by you within sixty (60) days, may be debited at LGR's discretion from your Account, at any time thereafter, with or without notice.
4. WAGERING PROCEDURES
You may use your LGR Account to place wagers through the Application. With our virtual racing games, you will specify the amount of your wager, the runner number, and the type of wager (i.e. to come in first, second or third, or some other finishing combination) ("Racing Games"). In lottery-style games, you can select a "quick pick" or select a series of four to six numbers, in both cases, such series of numbers will be matched to a single race or the same number of consecutive races at a regulated live racetrack (the "Lottery Games"). In all other games, you will select a game package at a specified price, and your purchase will authorize LGR to make a selection of wagers utilizing its proprietary algorithms ("Package Games") (Racing Games, Lottery Games, and Package Games collectively referred to as the "Games Service" and individually as "Games"). In all instances, the results of wagers placed through the Games Service are displayed to you by playing the game that you selected. When offered, using your LGR Account through the Application, you may place pari-mutuel wagers on live horse and greyhound racing events, where permitted, where you select the track to be wagered upon, the race to be wagered upon, the type of wager to be submitted, the dollar amount of the wager, and the runner(s) being wagered upon ("Live Racing").
4.1 Terms Applicable to Wagering
a. You understand that all wagers, whether on Racing Games, Lottery Games, Package Games, or Live Racing, will be deducted from your Account and will be combined and merged with other wagers in regulated, commingled pari-mutuel pools at a live real-world racetrack and are subject to the respective track's rules and restrictions. All wagers placed will be in US Dollars. Wagers will only be accepted in amounts that do not exceed the current balance of a User's wagering account. All wagers confirmed by you will be withdrawn from your Account in connection with the submission of the wager. LGR reserves the right to refuse any wagering transaction for any reason.
b. All wagers that are unsuccessful, ineffective, or non-permissible for any reason, including, but not limited to, any and all track errors, tote malfunction, or communication failures, will be canceled and the full wagered amount will be refunded to your Account.
c. LGR does not allow for the cancellation of any wagers with the Games Service once the wagers have been confirmed in accordance with the Games Service's confirmation process. By placing a wager through LGR, you agree to the recording of all Account transactions including any calls made to us.
d. Geo-Location Checks and Location Services Data. By using the Service, you hereby authorize us and any relevant hardware manufacturers and associated vendors to verify your location coordinate data. If you have disabled the location services settings or functionality on your mobile device, we may not be able to verify your location and in such event, we reserve the right to prevent you from using the Service. We use geo-location checks and location services data to comply with our advance deposit wagering licenses and applicable law and regulations.
4.2 Understanding How It Works
a. By placing wagers through the Games Service, you authorize LGR to place wagers using our proprietary algorithms. With Racing Games, LGR will place wager(s) in a race at an upcoming real-world race track that corresponds with the runner number you selected in the Racing Game you are playing. With Lottery Games, LGR will place wager(s) for a race or series of races at an upcoming real-world racetrack that corresponds with the numbers you selected. With Package Games, you authorize LGR to place wagers at an upcoming real-world race track as shall be determined utilizing our proprietary algorithms.
b. In Racing Games, your wager may consist of one or more of the following types of wagers: Win, Place, Show, Exacta, Quinella, Trifecta, or such other wager types or categories that may be available in the Application. The wagers you have the option of selecting will mirror an identified wagering pool at an upcoming scheduled live race(s) to be run at a regulated racetrack.
c. You understand and acknowledge that, by pressing the "confirm" button after making your selection, you are agreeing to and adopting the wagers which will be placed and instructing LGR to place those wagers for you. This confirmation must be made before any wagers will be placed. Once you confirm, your wagers are placed by LGR and cannot be canceled or modified.
d. Due to technical or other reasons, we may not be able to place one or more of your wagers (an "Unavailable Wager"). In such an event, we will refund the amount of the Unavailable Wager to your Account.
e. You understand and acknowledge that the winnings or losses that are displayed to you through playing one or more of the Games in the Application are determined by the results of the pari-mutuel wagers that were placed. The Application is an entertaining mechanism we created to place wagers and display the results of completed wagers. You understand and agree that in the event the winnings of a pari-mutuel wager displayed to you or recorded in your Account are incorrect, and that the wager submitted actually resulted in a different winning amount, whether due to technical malfunction, or otherwise, your winning amount and Account will be adjusted to reflect the actual amount won from the pari-mutuel wager.
f. By choosing to place wagers with the Games Service, you authorize us to (1) display the results of your wagers to you, and (2) supplement, at our discretion, such results by adding cash, virtual rewards, or other consideration to the Game or to your Account, with or without notice, and whether as part of a marketing promotion or player bonus program or for any other reason (collectively, "Discretionary Cash Contributions"), and at such time and in such manner as we determine, in our sole discretion. Once you finish viewing your chosen Game, the total winnings for your wagers, if any, will be fully available to you. In the event of a technical failure in any of the Games that prevent you from viewing the results of a wager, you authorize us to utilize an alternative procedure to communicate or deliver the results of your wager to you.
g. By choosing to place wagers with the Service, you understand and agree that in certain Package Games, we may, at our discretion, with or without notice to you, refrain from placing wagers with a certain portion of the Package Game purchase price and, instead, will return such monies to you, in such manner as we determine, as part of the game play of the Package Game purchased or in future Package Games, and will then credit your Account in such amount.
h. You understand and agree that, although the proceeds from successful wagers will be immediately deposited into a pending account associated with your Account as soon as each race is posted as official and winning payouts are available from the host racetrack (the "Pending Account"), monies will be transferred from your Pending Account to your Account after you have viewed the Game in which the winnings are displayed. In the event of a technical failure in any of the Games or in the Service that prevents you from seeing any portion of the results of your wager(s), you authorize us to utilize an alternative procedure to communicate or deliver the results of your wager to you.
i. The Service may notify you of the estimated time when your wager results will be available to you. We shall have no liability whatsoever if the estimated time communicated to you is incorrect.
4.3 Winning Wager Displays
Certain sections of the Service may display the "winning wagers" in the last 30 days. Such display will correspond to a winning amount in the last 30 days for a given wager type at a live real-world racetrack at which LGR is allowed to place wagers on behalf of our customers. These are the winning wagers from previous races that already occurred and are not intended to be predictions or guarantees of payouts for your wager.
5. INTELLECTUAL PROPERTY
The Service contains, displays, and/or otherwise makes available certain software, illustrations, documentation, information, music, pictures, images, text, photographs, animations, three-dimensional models, videos, audio, content, and other digital material and assets (collectively the "Content"). All Content is protected by both United States law as well as the laws of various international jurisdictions, including, but not limited to, copyright law, trademark law, patent law, trade secret law, and various governmental treaties. We (or our applicable licensors) own all rights, titles, and interests in and to the Content. You acknowledge and agree that, except for the express and limited license rights granted by us to you hereunder, we reserve any and all rights in and to the Content. Nothing herein is intended to transfer or assign to you any ownership or beneficial rights in and to the Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
5.2 License Grant
We hereby grant you a non-exclusive, non-transferable, limited right license to access, use and display the Service specifically for personal, non-commercial use only. This license is fully and completely revocable at any time by us, with or without notice and for any or no reason. We make no warranty as to the legality, suitability, or use of the Service and the limited license granted herein and you acknowledge, agree, and otherwise consent that we shall have no liability arising from or in connection with your use of the Service.
5.3 License Restrictions and Prohibitions
You shall not undertake any of the following activities in using the Service: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Service in any way inconsistent with the rights of use provided by the license herein; (ii) remove or obscure any patent, copyright, trademark, or other proprietary rights notices relating to the intellectual property or other property of us or our licensors; (iii) attempt to access source or object code of the Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) attempt to disable any digital rights management or copy protection aspects of the Service, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Service; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial, without the express written permission of us; (viii) interrupt or attempt to interrupt the operation of the Service in any way; and/or (ix) transmit code, data, or files that contain malicious code or that may in any way damage or interfere with the operation of the Service, other Users' access to the Service, and/or other Users' computers.
The Service contains, displays, and/or otherwise depicts certain trademarks, service marks, logos, and/or other indicia of origin (collectively "Trademarks") owned by us or our partners and vendors. You shall not use, reproduce, or otherwise exploit any Trademarks or any similar derivations of any Trademarks.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY; INDEMNIFICATION
6.1 For the purposes of this Section 6, "Providers" means collectively Lien Games Racing LLC, Potent Systems, Inc., Conforming Systems LLC, and their respective parent and affiliated companies along with their directors, officers, employees, shareholders, and commercial partners who provided services relating to the Service.
6.2 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.3 Limitations of Liability
You acknowledge and agree that your exclusive remedy for any dispute with Providers is to stop using the Service and cancel your account. In no case shall the Providers' liability to you exceed the amount that LGR received for the applicable transaction giving rise to any such liability or $500.00, whichever is lower. In no case shall Providers be liable for any special, incidental, indirect, punitive, or consequential damages arising from your use of the Service or for any other claim related in any way to your interactions with the Providers. LGR reserves the right to terminate, suspend, or change any aspect or feature of the Service at any time, for any reason or no reason, with or without notice to you. You agree that Providers shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change.
6.4 Third Party Services/Functionalities
Certain information available through the Service, including but not limited to wagering and race information, may have been provided by independent third-party information suppliers. Providers, which includes such suppliers, are not responsible for the accuracy, currency, or reliability of such information, and the inclusion of such information in the Service shall not be deemed an endorsement or recommendation of any third party or constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will Providers be liable for any loss or damage caused by your reliance on such third-party information.
6.5Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Providers shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify and hold harmless Providers from and against all claims, losses, costs, and expenses (including without limitation court costs and attorney's fees) arising out of (a) your use of, or activities in connection with the Service; and (b) any violation of these Terms and Conditions by you or through your Account. The foregoing indemnification obligation shall survive termination of the Terms and Conditions and your Account.
6.7 California Residents
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916-445-1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
7. DISPUTE RESOLUTION
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions. You and we agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that the provisions in this paragraph will survive any termination of your Account or the Service.
You hereby specifically acknowledge, agree, and consent that any suit, action, proceeding, dispute, controversy, or claim ("Dispute") arising out of or relating to these Terms and Conditions, the Application, or the Service will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate a Dispute informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. We will send our notice to your billing address and email you a copy of the email address you have provided to us. You may send any notice to us to the address listed below.
If the Dispute is not resolved through informal negotiations, the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any arbitration will take place in Fargo, North Dakota, and shall be governed by the Commercial Arbitration Rules and Procedures of the American Arbitration Association ("AAA") and then in effect, shall be conducted using the English language, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by the arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms and Conditions shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees, and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions, including without limitation, this DISPUTE RESOLUTION Section 7.
The parties agree that any arbitration shall be limited to the Dispute between you and us. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
8. JURISDICTION AND CHOICE OF LAW
To the extent not covered by the Dispute Resolution provisions above, any disputes between you and us shall be subject to the exclusive jurisdiction and venue of the courts located in the State of North Dakota, and shall be governed by, and will be construed under, the law of the United States of America and the law of the State of North Dakota, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
9. GENERAL TERMS
9.1 Modification of Terms and Conditions
We may notify you of any modifications to these Terms and Conditions in connection with your sign-in to use the Service or through other means as determined by us at our discretion, including but not limited to posting on the website. Such modifications will be effective immediately and will apply to disputes arising under the Terms and Conditions from the date of posting of the modified Terms and Conditions. Your continued use of the Service after a modification has been made to the Terms and Conditions constitutes your acceptance of such modification.
We may assign these Terms and Conditions, in whole or in part, at any time. Notwithstanding the foregoing, you may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
9.4 Complete Agreement
9.5 Jurisdictional Issues and Export Control Laws
The Service is controlled and operated from offices within the United States. We make no representation that the Service is appropriate, legal, or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree not to use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. Without limited the foregoing, the Service may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By accessing and using the Service, you represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list.
9.6 Links to Third Party Sites
The Service may link to third-party sites ("Linked Sites"). These Linked Sites are not controlled by us and we are not responsible for the information on the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use, or disclosure of any information by the Linked Sites. We provide links to Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by us of any Linked Site.
9.7 Regulatory Compliance
Our performance of these Terms and Conditions is subject to existing laws and legal processes, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service.
9.8 Force Majeure
Notwithstanding anything else in these Terms and Conditions, no default, delay, or failure to perform on our part shall be considered a breach of this Agreement if such default, delay, or failure to perform is shown to be due to causes beyond our reasonable control.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
The parties hereby acknowledge and agree that we would be irreparably damaged if these Terms and Conditions were not specifically enforced. Therefore, we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms and Conditions, in addition to such other remedies as we may otherwise be available under applicable laws.
You may contact us by email or at the following address:
Lien Games Racing LLC
P.O. Box 1029
Fargo, North Dakota 58107-1029
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.
If at any time you wish to obtain an additional copy of the above Terms and Conditions, you may review and print the Terms and Conditions by: (i) visiting the this web site and clicking on the Terms and Conditions hyperlink on the footer of the home page; or (ii) logging into the Service, going to Settings, and clicking on "Terms and Conditions."