Overdrive Marketing, Inc. is the owner and operator of the website listed above and all affiliated sites, (hereinafter “we”, “us”, or the “Website”). The Website provides you, the user, with sports betting odds and information as well as a method of being redirected to third-party gambling and betting service providers.
We are not a gambling or betting service provider. We do not take or place bets. Instead, we are an affiliate marketing company that provides users with certain sports betting information and that receives a commission from gambling and betting service providers for advertising their sites and services.
|New Jersey||Division of Gaming Enforcement||VID#[ 91526]||Ancillary Casino Service Industry Enterprise|
As provided in the table above, we operate under one or more licenses obtained from various jurisdictions (collectively, the “Service Territory”). Individuals that are not located in the Service Territory must not access or use the Website. Nothing on the Website constitutes an offer or promotion of the Services to persons located outside the Service Territory. Nor do we make any representations or warranties that the Website or the Services we offer to you through the Website (“Services”) are legal for your use outside the Service Territory. If you choose to access the Website or use the Services outside the Service Territory, you do so at your own risk and assume all responsibility for those actions. You will review and comply with all applicable local, state, federal, or foreign laws. From time to time, there may be additional restrictions on certain Services even within the Service Territory. You will review and comply with any additional restrictions within the Service Territory. We are constantly seeking to expand the Service Territory as gaming laws change across the nation. Please review these terms from time to time to remain up to date on any changes to the Service Territory.
This Terms of Service agreement (“Agreement”) between you and us governs your use of the Website and the Services. This Agreement applies (1) to the entire contents of this Website, (2) to any associated websites that we own or operate and that we grant you access to as part of your registration, and (3) to any electronic message exchanged between you and us.
Please read this Agreement carefully before using the Website because it is a legally binding agreement between you and us, including any successor or affiliated company or entity. You must be at least twenty-one (21) years old to agree to this Agreement and to use the Website. This Agreement contains disclaimers of warranties, limitations on liability, releases, and a class-action waiver. These provisions are an essential basis of this Agreement.
Checking the designated box and/or clicking on the “I Agree” button (or similar syntax) on the web page demonstrates your express consent to all of the terms of this Agreement even if you do not read them. If you do not want to accept the terms of this Agreement, you must leave the Website immediately. Browsers of the Website are bound by this Agreement if they continue to access or navigate the Website, even if they have not signed up as members. If you violate any of the terms of this Agreement, we will cancel your registration to the Website, and may pursue additional legal remedies. We may revise these terms on one or more occasions by updating this Agreement. You agree to check the “Last Updated” date at the top of this Agreement to determine if we have made any changes since you last read this document. We will deem your continued use of the Website after we post the changes as your acceptance of the changes. If you do not agree to this Agreement or do not meet the age requirements, you must not register for or use the Website.
2. Legal Certifications
By accessing the Website, you certify to us that:
You are at least twenty-one (21) years old;
You have the legal capacity to agree to these terms and to perform the acts required of you under this Agreement;
You are familiar with and comply with your jurisdiction’s laws affecting your right to access gambling materials or to engage in gambling activities;
You will not make the materials on this Website available to or access this Website in the presence of a person under twenty-one (21) years old; and
All information you provided to us is accurate and current, and You will promptly update this information when necessary to ensure that it remains true.
3. Limited License to Use the Website
We grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these Terms of Service. By “access,” we mean visit the Website, use its Services, and view its content. By “content,” we mean any materials, including text, communications, images, sounds, streams, videos, profiles, software, data, or other information. You must comply—and you agree to comply—with all applicable laws when accessing the Website. We reserve the right to change, limit, or cancel your access if you fail to comply with the terms of this Agreement.
You may only access the Website for your personal, noncommercial use. You will not use any content that you access on the Website for further distribution, performance, display, sale, resale, rental, lease, loan, or sublicense. You will not record any content or make any content available on any peer-to-peer network, file sharing service, or other system used for mass transmittal of digital material to others. You acknowledge that displaying content disseminated on this Website violates intellectual property laws, which carry substantial penalties and fines. Finally, you will not solicit any other users to use or participate in the Services of any third-party website(s) providing the same or similar Services as this Website. Doing any of this may subject you to immediate civil and criminal liability—we reserve the right to pursue legal action against anyone engaging in commercial solicitations on this Website.
Username and Password. You must keep your username and password confidential. We will hold you responsible for all activity initiated under your account. You will not allow anyone under twenty-one (21) years old to use your credentials to access the Website. If we discover that you have done this, we may immediately cancel your access to the Website without advance notice. Please contact us immediately at firstname.lastname@example.org if you know or suspect that someone is using your username or password without your authorization. You will need to give us all the information you have about the unauthorized use and cooperate fully with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use.
Your Right to Cancel. If you would like your account canceled, you may write in email@example.com to have your account deleted. Any information you submitted to us or to the Website may be permanently deleted upon cancellation of your account. If you need help or have any questions, please contact us via email at firstname.lastname@example.org and we will be happy to assist you.
Our Right to Cancel. We may cancel your account or suspend or terminate your access to the Website at any time, for any reason.
We appreciate and welcome any suggestions that you may have to improve the Website. You may send us any suggestions by contacting us via email at email@example.com. You agree that we can use any idea or suggestion you give to us royalty-free, worldwide, assignable, and in perpetuity without any attribution or compensation to you. We have no obligation to keep any suggestion you submit to us confidential, regardless of any contrary notations in transmissions to us.
7. Third-Party Content and Links
Gambling-related Third-Party Content and Links: This Website contains and links to betting odds, information, and content provided by other websites operated by other entities that are completely independent from us. While all content and links are provided in good faith, we do not guarantee the availability or accuracy of any third-party content or links. We do not control nor are we responsible for such third-party content and linked websites. Including content or a link on this Website does not imply our endorsement of any linked website or its contents. We do not accept, and we disclaim, any and all liability for any errors in third-party content or links, including errors in prices, odds, incorrectly calculated winnings, events, markets, and changes in odds. You assume the risk of accessing any third-party site that might be linked to the Website. We are not and cannot be held liable for any loss suffered by any party if the third-party content or links on the Website are unavailable or inaccurate in any way.
We are not a gambling or betting service provider, and we do not take or place bets. Any bets you place are placed with the selected third-party gambling or betting service provider, not OddsTrader.Your bets are governed by the terms and conditions of those third-party gambling or betting service provider and are published on their websites. You must review and accept the terms and conditions of those third-party gambling or betting service providers before placing a bet with such entity. We disclaim any liability (direct or indirect) for any bets placed with third-party gambling or betting service providers.
We may publish certain limited promotions or offers of third-party gambling or betting service providers on the Website that are subject to withdrawal, expiration, cancellation, or specific terms. We do not represent or guarantee that these promotions or offers are active or available at any given time. You will ensure that such promotion or offer is active and available at any given time and that you meet any specific terms or requirements for such promotion or offer. We disclaim any liability (direct or indirect) for any promotions or offers of third-party gambling or betting service providers.
Other Third-Party Content or Links: If you access any of the third-party linked websites on the Website, you will leave this Website. If you decide to visit any third-party linked website, you do so at your own risk and subject to any user agreements or policies posted on or governing the use or access of such websites. We encourage you to review the user agreements and policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses, malware, or other destructive elements. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content or services available on or through any linked website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding the links, content, or services on those websites.
8. Intellectual Property Rights
We aggressively protect our intellectual property rights. We own or have the license/permission to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, audio clips, sounds, music, artwork, button icons, streaming data, animation, images, downloadable materials, data compilations, software, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Website and all such materials is protected by United States and international copyright and intellectual property laws. We retain all right, title, and interest in such materials and compilations thereof. You acknowledge that trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws protect the Website and its content. Unless otherwise stated or the context otherwise requires, the following trademark information will apply:
The brand name of the Website, OddsTrader,is considered a service mark owned by the Website.
Other parties’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
All marks, logos, domains, and trademarks that you find on the Website and Services may not be used publicly except with express written permission from us and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
You may only access the Website or its content according to these Terms of Service and any specialty content terms. You will not make any other use of the Website or its content, including by copying, modifying, accessing, or distributing any content. You will not reproduce, imitate, or use the Website’s content in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of our rights or the rights of third parties and can result in termination of this Agreement.
We neither endorse nor recommend the owner of any third-party trademarks we display on the Website. In addition, our use of trademarks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
Notification of Copyright Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please review the DMCA Notice & Takedown Policy at https://www.oddstrader.com/dmca/. We have implemented a policy regarding termination of repeat copyright infringers, which will be made available upon request.
9. Acceptable Use Policy
The Website is proud to offer a place where users can express their opinions and post comments. But certain important rules must be respected, or users may face termination. You are entirely responsible and liable for all activities conducted through your account when interacting with others on the Website. Please use your best judgment and respect other individuals using the interactive features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. If we find out that you have engaged in any deceptive or fraudulent activity, we reserve the right to block you from accessing this Website and hold you responsible.
We provide this Website as an entertainment and recreational service to our users. Furthermore, any betting odds, information, tips, or other content published on the Website is for your personal, non-commercial use. This content is not intended to amount to advice or recommendations by us. It should not be relied upon when placing bets or wagers. Any bets or wages you place are made at your own risk and discretion.
Prohibited Uses: The following are some—though not all—of the violations that may result in termination of your access to the Website. While using the Website, users will not:
Use the Website for any unlawful purpose or in any way that is prohibited by this Agreement, engage in any activity that is violative of any applicable law or regulation of any applicable governmental body, nor fail to comply with orders, judgments, or mandates from courts of competent jurisdiction;
Post, upload, or share on the Website any content that violates or infringes any law, regulation, treaty, or third-party right, including any copyright, service mark, trademark, trade name, trade secret, confidentiality, privacy, or publicity rights, or any other intellectual property;
Post, upload, or share any content containing falsehoods or misrepresentations that could damage the Website or any third party;
Post, upload, or share any content that is unlawful, harmful, obscene, lewd, defamatory, libelous, inaccurate, likely to portray individuals in a “false light”, threatening, abusive, vulgar, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, or otherwise just plain nasty or objectionable, or constitutes or encourages violent conduct or conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or, in the Website’s sole discretion, is otherwise inappropriate;
Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
Post, upload, or share any adult content or erotic, pornographic, or explicit adult material;
Post, upload, or share any content which promotes or facilitates prostitution or sex trafficking;
Post the same or similar content in more than one location on the Website, or post the same or similar content more than once every seven (7) days;
Post any employment ads or send any messages which violate anti-discrimination laws;
Impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Website; or perform any other similar fraudulent activity;
Solicit money from, or send money to, other users of the Website;
Use the Website for any purpose other than to access the Website as offered by the Website;
Circumvent, disable, damage, or otherwise interfere with the operations of the Website, any user’s enjoyment of the Website, or the Website’s security-related features or features that prevent, limit, or restrict use or copying of any materials or content, or features that enforce limitations on the use of the Website or the content on it, by any means, including posting, linking to, uploading or otherwise disseminating viruses, adware, spyware, works, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
Use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content;
Delete indications or notices regarding the copyright or other proprietary rights on the Website, or any third-party content, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
Post, upload, or share any content that constitutes advertisements or solicitations of business, or make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users, including unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, information announcements, charity requests, and petitions for signatures;
Post, display, collect, or attempt to collect, share, or reveal the telephone numbers, street addresses, names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent;
Use materials, third-party content, or other content on the Website for any commercial use;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation;
Access or use any automated process (such as a robot, spider, scraper, or similar) to access the Website in violation of the Website’s robot exclusion headers or to scrap all or a substantial part of the Website’s content (other than in connection with bona fide search engine indexing or as the Website may otherwise expressly permit);
Modify, adapt, translate, or create derivative works based on the Website or any part of them, except and only if applicable law expressly permits that activity despite this limitation;
Commercially exploit or make available the Website or its content to third parties including any action or attempt to “frame” or “mirror” the Website;
Take any action that may undermine the Website’s comment system (such as displaying, importing, or exporting information off the Website, using information on the Website for purposes unrelated to the Website, or improperly manipulating or using the ratings and comment system);
Take any action that imposes or may impose (in the Website’s sole discretion) an unreasonable or disproportionately large load on the Website’s technology infrastructure or otherwise make excessive demands on it; and
Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Section 9(1)–9(25) are each individually referred to as a “Prohibited Use” and collectively referred to as the “Prohibited Uses.”
Engaging in any Prohibited Use will be considered a breach of this Agreement and may result in immediate suspension or termination of the user’s account and access to the Website or the platform without notice, in the Website’s sole discretion. The Website may pursue any legal remedies or other appropriate actions against the user if the user engages in any of the above Prohibited Uses or any unauthorized use of the Website, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Website and our computer systems violates these terms and certain international, foreign, and domestic laws.
System Abuse Warning: This Website operates as an interactive computer service provider under federal law and permits individuals to communicate with each other in various ways. As with any human interaction, some individuals may seek to abuse the Website, and its networking Services, to annoy, harass, or otherwise harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notification will serve as a warning to our users of the potential for misuse of the Services. We urge you to use common sense when interacting with individuals through the Website, and to report any instances of misconduct to customer support.
Fraud and Scam Warning: While we take efforts to prevent the Services from being used for any fraudulent purposes, we specifically and emphatically warn users against sending money to anyone that they interact with on the Website. The Website has no way of determining the validity of any communication that you may receive from another member and cannot discern the validity of the person or intentions behind such communication.
11. User Submissions
You retain all ownership rights in your submissions. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website, the Website’s business, and the business of the Website’s successors, including for promoting and redistributing any part of the Website (and derivative works of it) in any media formats and through any media channels. This license includes the right to copy and transfer your entire profile, or portions thereof, and all its content, including text, pictures, photographs, personal description, and any contact information, to any affiliate or related or partner sites of ours, and to post such content on different pages of the Website at our sole discretion. We will not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. You are solely responsible for your submissions and the consequences of posting them to the Website.
You understand that there is user-generated content displayed on the Website that we do not and cannot prescreen, review, or preemptively monitor. We expressly disclaim all liability for any user-generated content submitted to the Website. We do not endorse (expressly or implicitly) the opinions expressed in any user-generated content posted on this Website. Thus, you understand that when accessing the Website, you may be exposed to submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You further understand that you may be exposed to submissions that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure.
If you are aware of any information posted that violates this Agreement, please contact us via email at firstname.lastname@example.org . Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
We assume no responsibility for monitoring the Website for inappropriate content or conduct. However, we reserve the right to monitor and delete any information or postings we deem inconsistent with these Terms of Service, and we may refuse to publish, remove, or block access to any submission that is available through the Website or our network or Services without advance notice or delay. If we choose to monitor the Website at any time, we assume (1) no responsibility for the content, (2) no obligation to modify or remove any inappropriate content, and (3) no responsibility for the conduct of the user submitting that content. You are solely responsible for the submissions that you make to the Website and for any other material or information that you transmit or share with other users or unrelated persons through the Website. We do not permit copyright infringing activities or infringement of other intellectual property rights on the Website, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s intellectual property rights. We also reserve the right to terminate a user’s access to the Website, in accordance with our Repeat Infringer Policy, if we determine the user is an infringer. We may remove submission or terminate a user’s access for uploading content that violates these terms at any time without prior notice.
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of anyone posting content in breach of this Agreement, in accordance with our policies and applicable law or regulation. If your activity results in the Website receiving a subpoena, discovery request, or court order that causes the Website to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs, or legal fees upon our request.
12. Modifications and Interruption to Service
You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Website and numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of this Website. Nor do we guarantee that you will be able to access or use all parts of this Website. You understand that we will have no liability to you for any inaccessibility, including liability to issue a refund or any other transaction reversal because of inaccessibility.
We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
We may immediately suspend, terminate, or block your access to this Website if we reasonably believe that you have violated this Agreement.
We reserve the right to modify or discontinue this Website with or without notice to you. If we do, we will not be liable to you or any third party if we exercise our right to modify or discontinue the Website.
13. Warranty Disclaimers
We provide you access to this Website and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to the Website will be uninterrupted, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. There are no warranties of any kind that extend beyond the face of this Agreement or that arise because of course of performance, course of dealing, or usage of trade.
We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any portion of the Website.
14. Release and Disclaimer of Liability
You acknowledge that we will not be liable to you for user submissions or the defamatory, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user submissions or the conduct of any person.
You further discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the Website including claims relating to the following:
Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationships, defamation, publicity rights, intellectual property infringement, misrepresentation, any financial loss not due to the fault of the Website, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Website, unavailability of the Website, its functions and/or Services and any other technical failure that may result in inaccessibility to the Website, or any claim based on vicarious liability for torts committed by individuals met on or through the Website and Services, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of the Website, and thus any ambiguity will be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
We expressly disclaim any liability or responsibility to you for any of the following:
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage of any nature resulting from your access to and use of the Website;
Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;
Any third party’s unauthorized access to or alterations of your account, transmissions, or data;
Any interruption or cessation of transmission to or from the Website;
Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the Website by any person;
Any incompatibility between the Website and your other services, hardware, or software;
Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website; or
Any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
15. Limitation of Liability and Exclusion of Damages
Unless caused by our willful and wanton misconduct, we limit our total liability to you for any claims arising from this Agreement or your access to the Website solely to your incidental and direct damages, if any. However, our total liability to you will not exceed one hundred dollars ($100) or the total amount you paid us during the one (1) month period before you made your claim, whichever is greater. Recovery of these damages will be your sole and exclusive remedy. We disclaim any liability for any other damages of any kind arising out of these terms or your access to the Website.
Unless caused by the other’s gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of this Agreement or the Website. This exclusion applies even if the other party knew or should have known about the possibility of the damages.
The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages is independent of your exclusive remedy and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise deems your exclusive remedy unenforceable.
The limitations and exclusions in this section apply regardless of the theory of liability asserted, whether strict liability, breach of warranty (express or implied), breach of contract, tort, or any other legal theory.
16. Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 13, 14, and 15 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you. It is your responsibility to determine the extent to which sections 13, 14, and 15 may be applied to you. Please note that nothing in this Agreement is intended to benefit any particular third party, and only the parties hereto will have standing to enforce any term of this Agreement.
You must pay us for any loss of ours that you caused by your negligence, intentional misconduct, or violation of this Agreement. However, you need not pay us for a loss caused by our intentional misconduct.
Loss means a monetary amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can arise from a tangible or intangible detriment; from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. We reserve the right to select legal counsel of our choice for any claims subject to indemnification. You and we must cooperate with each other in good faith on a claim.
No Exclusivity. Our rights under this section do not affect other rights we might have.
18. Limited Time to Bring Claims
A party to this Agreement must bring any claim that party may have against the other party that arises out of this Agreement or the Website within one (1) year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one (1) year period, the claim is permanently barred.
19. Compliance with Laws
You understand that we make no representation that the content available on this Website is appropriate or available for use in any particular location. You assume all knowledge of applicable law and are responsible for compliance with these laws.
20. Governing Law
Florida law exclusively governs this Agreement without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. Nothingin this Agreement will be construed as an admission or concession that the laws of any other jurisdiction applies to the Website or to this Agreement.
21. Dispute Resolution
All disputes arising under this Agreement or regarding the Website will be subject to the exclusive jurisdiction and venue of the courts in Orange County, Florida. The parties submit to the personal jurisdiction of the courts in Orange County, Florida to resolve all disputes. The parties agree that the exclusive venue and forum to resolve all disputes will be in the courts of Orange County, Florida, and waive any right to seek another venue because of improper or inconvenient forum.
22. Waiver of Jury Trial
Both parties agree that as part of their consideration for this Agreement, they waive the right to a trial by jury for any dispute arising between the parties related to the subject matter of this Agreement. The parties further agree that this waiver will be enforceable up to and including the day that trial is to start.
23. Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No legal proceeding will be combined with another without the advanced written consent of all parties to all affected proceedings.
24. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates this Agreement, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
25. General Provisions
Modifications: We may modify the terms of this Agreement on one or more occasions. Changes will become effective on the effective date noted at the top of the modified Agreement. It is your responsibility periodically to check the Website to review the most current Agreement. While we will try to notify of any changes to this Agreement, we do not assume an obligation to do so. By continuing to use the Website after we post changes to this Agreement, the modified terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us via email at email@example.com.
Assignment and Delegation: We may assign any rights or delegate any performance under this Agreement without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Severability: If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
Cumulative Remedies: All rights and remedies provided in this Agreement are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns: This Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this Agreement.
Force Majeure: We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information Services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Expenses and Costs of Enforcement: If a court or tribunal of competent jurisdiction determines that a party violated this Agreement, the breaching party will reimburse the non-breaching party for all actual costs and reasonable attorney fees incurred in enforcing this Agreement.
Any notice required to be given by us under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Website, or personal delivery by commercial carrier. Notices by customers to us will be given by electronic messages using the information set forth here:firstname.lastname@example.org otherwise specified in the Agreement.
Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
When Notice is Effective. Notices will be deemed effective upon delivery. Notices delivered by overnight carrier will be deemed delivered on the business day following mailing. Notices delivered by any other method will be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, and/or recipient for any notice hereunder.
Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified will be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
Authorization and Permission to Send Emails to You:You authorize us to email you notices, advertisements, and other communications to you. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
Electronic Signatures: You agree to be bound by any affirmation, assent, or agreement you transmit through this Website. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
English language: We have written this Agreement and our associated Website policies in the English language. You are representing your understanding and assent to the English language version of this Agreement as it is published. We are not liable to you or any third party for any costs or expenses incurred in translating this Agreement. In the event that you choose to translate this Agreement, you do so at your own risk, as only the English language version is binding.
Liability for User Generated Content: You acknowledge and understand that we operate as the provider of an interactive computer service. Thus, we are immune from, and cannot be held responsible, in most circumstances, for claims arising from the publication or transmission of your content as well as the content of other users and third parties. We do not create such content, and we are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of our policies, without impacting our status as the provider of an interactive computer service. No third parties are intended to benefit from this Agreement between you and us.
Section 230 Notice: You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. s. 230(d), You are hereby informed that you can research such services by typing the words "parental controls" or similar terms, into an internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing the Website or the content received via the Services if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on the Website or Services from being displayed or accessed by your children or wards.
Export Control: You understand and acknowledge that the software elements of the materials on the Website may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such materials contrary to United States or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
No Agency Relationship: Nothing in this Agreement will be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties will be limited to those expressly set forth herein.
Usages: In this Agreement, unless otherwise stated or the context otherwise requires, the following usages will apply:
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
“Including” or “include(s)” means “including, but not limited to.”
No Waiver: No waiver or action made by us will be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision will be deemed to be severed from this Agreement.
Headings: All headings are solely for the convenience of reference and will not affect the meaning, construction, or effect of this Agreement.
Complete Agreement: This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website, Services, and the materials contained therein, and your use of the Website and Services, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
Other Jurisdictions/Foreign Law: We make no representation that the Website, Services, or any of the materials contained therein are appropriate or available for use in all locations, and access to them from territories where the content may be illegal is prohibited. Those who choose to access the Website and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement will be interpreted as an admission that that the Website is subject to the laws of any nation besides the United States.
© Walters Law Group (2019). All rights reserved.
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