Terms of Service
AGREEMENT BETWEEN USER AND TBTW,
This agreement governs the use of TheBetsThatWin.com (TBTW Site) website and the services available thereon (“TBTW Services” or “Services”).
The TBTW Site is comprised of various web pages operated by TBTW, . The TBTW Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. TBTW Site and TBTW Services reserve the right to change the terms, conditions, and notices under which the TBTW Site and TBTW Services are offered, including but not limited to the charges associated with the use of the TBTW Site and TBTW Services. Your use of the TBTW Site and TBTW Services constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these terms and conditions of use, you may not access or otherwise use TBTW Site or TBTW Services. By clicking in the box on the TBTW Site indicating your acceptance of these terms and conditions, you represent that you have read, understand and agree to this Agreement and are legally bound to the terms and conditions of this Agreement. As used in this Agreement, the terms “TBTW”, “we”, “our” or “us” refer to TBTW, and its designated affiliates and service providers, and the terms “you” and “your” refer to any person or entity who uses the TBTW Site or TBTW Services.
1. PAYMENT TERMS. You can purchase TBTW Services by using your VISA debit or credit card, your MasterCard debit or credit card, your Discover card or your American Express card (“bank card”). You must pre-pay for all TBTW Services and access to TBTW Site and will incur charges on the date you sign-up for any TBTW Services or access to TBTW Site. If you sign-up for a flat rate service, you will be charged in full for that service on the date you sign-up for TBTW Services or access to TBTW Site. You understand and agree that TBTW, will not transact any payment that is not in U.S. dollars. If for any reason TBTW Services or TBTW Site experiences a chargeback, you agree that you are responsible for all costs and attorneys fees incurred by TBTW Services or TBTW Site as a result of such chargeback. By completing and submitting the forms required on the TBTW Site to purchase TBTW Services, including but not limited to, the designation of a bank card for payment, you agree that the purchase price will be immediately charged to or withdrawn from the account associated with such card. All purchases are non-refundable.
2. CUSTOMER SERVICE. If you discover any errors or have any problems with or related to the TBTW Site or TBTW Services, you should first contact TBTW by email at email@example.com.
3. TERMINATION. TBTW, reserves the right, in its sole discretion, to terminate your access to the TBTW Site and the related services or any portion thereof at any time, without notice.
4. REGISTRATION. You may be required to register in order to use TBTW Services. Registration is subject to the terms and conditions set forth in this Agreement. When registering, you must provide us with true, accurate, current and complete information as prompted on the forms on the TBTW Site and you must maintain and promptly update such information to keep it true, accurate, current and complete.
5. PASSWORD AND SECURITY. You will choose a password and account email login upon registering. You are responsible for maintaining the confidentiality of your password and account email login, and are fully responsible for all activities that occur under your password or account email login. You agree to immediately notify TBTW, of any unauthorized use of your password or account email login or any other breach of security. Notwithstanding anything in this Agreement, TBTW, is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled “Registration.” Access to and use of Password protected and/or secure areas of the TBTW Site is restricted to authorized users only. You are responsible for maintaining the security of your password and not permitting any other person access through the use of your password. Unauthorized individuals attempting to access these areas of the TBTW Site may be subject to prosecution.
6. WEBSITE CONTENT. TBTW, does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through TBTW Site. The content of the TBTW Site is for entertainment purposes only. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole risk. TBTW, reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the TBTW Site. You acknowledge that transmission to and from TBTW, no confidential, fiduciary, contractually implied, or other relationship is created between you and TBTW, other than pursuant to this Agreement.
7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL TBTW, OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE TBTW SITE OR TBTW SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE TBTW SITE OR TBTW SERVICES IS TO STOP USING THE TBTW SITE OR TBTW SERVICES.
8. WARRANTIES. TBTW, AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE TBTW SITE AND TBTW SERVICES TO YOU “AS IS” AND “AS AVAILABLE.” TBTW, AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE TBTW SITE OR TBTW SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE TBTW SITE AND TBTW SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TBTW, AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS: (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH TBTW SERVICES ARE PROVIDED OR REQUESTED THROUGH THE TBTW SITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE TBTW SITE OR TBTW SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE TBTW SITE OR WITH TBTW SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE TBTW SITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE TBTW SITE OR TBTW SERVICES.
9. INDEMNIFICATION. You shall indemnify, defend and hold harmless TBTW, , and all its officers, directors, owners, agents, attorneys, employees, affiliates, licensors, licensees, and third party service providers (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the TBTW Site or TBTW Services. You shall cooperate as fully as reasonably required in the defense of any claim. TBTW, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TBTW, .
10. COPYRIGHT AND TRADEMARKS. The content and all intellectual property pertaining the TBTW Site and TBTW Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by TBTW, or third parties, and all right, title and interest therein and thereto shall remain the property of TBTW, and/or such other third parties. The TBTW Site and TBTW Services may be used only for personal, non-commercial use. However, you are authorized solely to view and to retain a copy of the pages of the TBTW Site for your own personal use. You will abide by any and all additional copyright notices, information, or restrictions contained on the TBTW Site. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet or in any way distribute or exploit the TBTW Site, TBTW Services or any portion thereof for any public or commercial use without the express written permission of TBTW, . Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the TBTW Site (or printed pages thereof). The phrase The Bets That Win and other names and indicia of ownership of The Bets That Win products and/or services referenced on this site are the exclusive marks of TBTW, . Other product, service and company names appearing on the site may be trademarks of their respective owners.
11. ASSIGNMENT. We have the right to assign this Agreement to a subsidiary or an affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.
12. LINKS TO THIRD PARTY SITES. The TBTW Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of TBTW, and TBTW, is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TBTW, is not responsible for webcasting or any other form of transmission received from any Linked Site. TBTW Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or any association with its operators by TBTW, or any of its subsidiaries or affiliates.
13. NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the TBTW Site, you warrant to TBTW, that you will not use the TBTW Site for any purpose that is unlawful in any jurisdiction or country or prohibited by these terms, conditions, and notices. You may not use the TBTW Site in any manner which could damage, disable, overburden, or impair the TBTW Site or interfere with any other party’s use and enjoyment of the TBTW Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TBTW Site.
14. INTENDED USERS. The TBTW Site and TBTW Services are directed to persons age 18 and over. The TBTW Site and TBTW Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You represent that your use of the TBTW Site and TBTW Services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws of each jurisdiction directly or indirectly impacted by your access to and/or use of the TBTW Site and TBTW Services including, without limitation, the laws of your country of residence and the laws of the country in which the TBTW Services will ultimately be received. Each time you access the TBTW Site and/or use the TBTW Services, you represent and warrant to TBTW, that such access and/or use is: (i) entirely legal for you and TBTW, both in your country of residence and in any country directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TBTW, as a result of this agreement or use of the TBTW Site.
15. SEVERABILITY. If any part of this agreement is 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 each such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto pertaining to the TBTW Site and TBTW Services, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. TBTW Site and TBTW Services may modify the terms of this Agreement by posting notice of such modification on this Site before the modification takes effect.
17. GOVERNING LAW. This Agreement is entered into in the State of Maryland and shall be governed by and construed in accordance with the laws of the State of Maryland, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in Baltimore County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys fees.