Welcome to
Bettor.
Bettor
(“Bettor.com”, “us”, “our” or “we”) provides
users with a number of services including without limitation search services, the
ability to connect with information and people as well as any and all other features,
content, or applications offered from time to time by
Bettor, accessible through the
Bettor.com
website and all linked pages owned and operated by
Bettor
(collectively the “Site”) which are accessible through various devices and medium
(collectively the “Bettor
Services”).
This Terms of Service Agreement (the "Agreement") sets forth the legally
binding terms for your use of the
Bettor
Services. Use of the Site and/or the
Bettor
Services is also governed by our Privacy Policy, a copy of which is currently located
here PRIVACY POLICY, which policy is hereby incorporated
into this Agreement by reference. Whether you are simply browsing the Site or are
a registered member of
Bettor
(in each and every case, a "User"), by accessing, browsing or using the
Site, the
Bettor
Services or by otherwise accessing in any other manner the domain and sub-domains
of www.Bettor.com, all of which are owned and
operated by
Bettor, you agree to be bound by all of the
terms and conditions of this Agreement, including, without limitation, the fact
that each User who posts content on the Site and/or in connection with the
Bettor
Services, and not
Bettor.com, is legally the sole and exclusive
author, publisher and/or speaker of such content, and therefore assumes any and
all liability associated with said content (which liability may include a claim
of defamation by another User or any other third party). See paragraph 5 below "Disclaimer
of User Postings".
Before you may access or use the Site and/or any of the
Bettor
Services, you must read and agree to all of the terms and conditions of this Agreement,
including any and all terms and conditions contained in agreements referenced to
or linked herein. Please read this Agreement carefully as you are only authorized
to access or use the Site and/or the
Bettor
Services (regardless of whether your access or use is intentional) if you agree
to abide by this Agreement. If you do not wish to accept the terms and conditions
of this Agreement, please exit the Site immediately and discontinue your use of
the
Bettor
Services, if any. You hereby agree that your electronic acceptance of this Agreement
has the same force and effect as if you had agreed to it in writing. Nevertheless,
we suggest that you save or print a copy of this Agreement for your records before
accessing or using the Site and/or any of the
Bettor
Services.
In order to participate in certain
Bettor
Services, you may be notified that you are required to download software or content
and/or agree to additional terms and conditions. Unless otherwise provided for by
the additional terms and conditions applicable to the
Bettor
Services in which you choose to participate, those additional terms are hereby incorporated
into this Agreement by reference.
Bettor
reserves the right to modify the terms and conditions of this Agreement, in whole
or in part, at any time without notice to Users, so please check them each time
you access or use the Site and/or the
Bettor
Services. Any access to or use of the Site and/or the
Bettor
Services by you following the date on which
Bettor
implements changes to this Agreement shall constitute your unconditional acceptance
of all such changes.
1. Eligibility. Access to and use of the Site and/or membership in the
Bettor
Services and/or the
Bettor
Services is void where legally prohibited. You must be 14 years of age or over to
access and/or use the Site and/or become a registered member of
Bettor
and/or to use the
Bettor
Services. By accessing or using the Site and/or the
Bettor
Services, you represent and warrant to
Bettor
that (i) you are 14 years of age or older (ii) all personal and registration information
that you submit to
Bettor
is truthful and accurate (iii) you will maintain the accuracy of such information
(iv) you have the right, authority and capacity to enter into this Agreement, and
(v) your access to or use of the Site and/or the
Bettor
Services does not violate any law or regulation in the jurisdiction in which you
reside. YOUR PROFILE ON THE SITE MAY BE DELETED AND YOUR MEMBERSHIP IN
Bettor
TERMINATED WITHOUT WARNING AND WITHOUT REFUND OF ANY MEMBERSHIP FEES OR OTHER MONIES
PAID TO
Bettor
IF
Bettor
SUBSEQUENTLY DETERMINES THAT YOU ARE LESS THAN 14 YEARS OF AGE.
2. Your Account. To become a member in
Bettor, you will be required to set up an account
and to select a user name and password. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE
FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL USE OF
YOUR
Bettor
ACCOUNT.
Bettor
reserves the right to, among other things, and in its sole and entire unfettered
discretion without liability whatsoever, to reject or refuse any User's registration,
or attempt to register, as a member of
Bettor, and once registered, to restrict, suspend
or terminate such User's access to or use of the Site, all or any part of the
Bettor
Services and/or such User's
Bettor
accounts or membership at any time, for any or no reason, with or without prior
notice to such User.
In setting up your
Bettor
account, you also agree to the following rules:
(a) You will provide complete and accurate information about yourself, and update
such information in the future to keep it complete and accurate.
Bettor
reserves the right to immediately terminate your
Bettor
account upon written notice to you to this effect if you intentionally provide false
or inaccurate personal information, as well as the right to pursue legal action
against you for so doing if warranted under the circumstances;
(b) You will abide at all times by all of
Bettor's rules regarding your access to
and use of the Site and/or the
Bettor
Services. You understand, acknowledge and agree that (i)
Bettor
reserves the right to charge you for use of the Site and/or the
Bettor
Services and to change its fees and other charges for such service at any time and
from time to time in its sole and entire unfettered discretion, and (ii) if
Bettor
terminates your
Bettor
membership because you have breached this Agreement, you shall not under any circumstances
be entitled to the refund of any unused portion of your
Bettor
membership fees or to claim damages of any kind from
Bettor;
(c) You will not use the
Bettor
account, username, or password of another
Bettor
member at any time, or disclose your password to any third party;
(d) You will not access or use the Site and/or any of the
Bettor
Services using a user name that is, contains or is substantially similar to, a trademark
or service mark, or that incorporates words that are defamatory, vulgar, obscene,
libelous, hateful, or racially or ethnically or otherwise objectionable. You may
not use a misspelling or an alternative spelling to circumvent the foregoing restrictions;
(e) You will not at any time transmit any content or other information appearing
on the Site and/or in connection with the
Bettor
Services to another User or any other third party by way of a screen capture (or
other similar method), nor will you display any such information or content in a
frame or in any other manner that is different from how it would appear if such
User or third party had typed the URL for the Site into the browser line;
(f) You will pay to
Bettor
when due all fees and charges incurred in connection with your
Bettor
account, including applicable taxes, in accordance with the billing terms that are
in effect at the time the fees or charges become payable. You will also reimburse
Bettor
for all costs and expenses incurred by
Bettor
in collecting payments from you in connection with your
Bettor
account, including, without limitation, all bank and service charges and all reasonable
attorneys' fees; and
(g) You will exit out of your
Bettor
account at the end of each session, and will immediately notify
Bettor
if you know of or suspect any unauthorized use of your
Bettor
account or access to your password.
3. Restricted use. The Site and/or the
Bettor
Services are for the personal use of
Bettor
members only, and may not be used in connection with any commercial endeavors except
those that are specifically endorsed or authorized by
Bettor
in advance and in writing. Illegal and/or unauthorized access to or use of the Site
and/or the
Bettor
Services, including, without limitation, the collection of usernames and/or e-mail
addresses of
Bettor
members by electronic or other means (for example, by the sending spam, other types
of unsolicited e-mails or the unauthorized framing of, or linking to, the Site)
for commercial or any other purpose whatsoever is strictly prohibited. Accordingly,
commercial advertisements, affiliate links, and other forms of solicitation may
be removed from
Bettor
member profiles without notice and may result in termination of a User's
Bettor
membership privileges. LEGAL ACTION MAY BE TAKEN BY
Bettor
AGAINST A USER FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THE SITE AND/OR THE
Bettor
SERVICES.
4. Your Conduct. We would like you to enjoy the Site and the
Bettor
Services. However, for your protection and that of all Users, the posting of certain
content on the Site, as well as certain conduct in connection therewith and/or the
Bettor
Services, is strictly prohibited ("Prohibited Behavior"). If you engage
in Prohibited Behavior, or
Bettor
determines in its sole and entire unfettered discretion that you are engaging in
Prohibited Behavior, your
Bettor
membership and/or your access to or use of the Site and/or all or any part of the
Bettor
Services may be terminated immediately without notice to you or refund to you of
any membership fees or other monies paid to
Bettor.
In addition to the foregoing, legal action may be taken against you by another User
or
Bettor
with respect to your having engaged in Prohibited Behavior.
Prohibited Behavior includes, but is not limited to, accessing or using the Site
and/or all or any part of the
Bettor
Services to:
a. promote or disseminate information that you know is false, misleading or defamatory;
b. conduct any unlawful or illegal activity, such as, but not limited to, any activity
that furthers or promotes any criminal activity or enterprise, provides instructional
information about making or buying illegal weapons, violates another User or any
other third party's privacy or other rights or that creates or spreads computer
viruses;
c. harm minors in any way;
d. transmit or make available any content that is unlawful, harmful, threatening,
abusive, tortuous, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively
violent, hateful, or racially or ethnically or otherwise objectionable;
e. transmit or make available any content that harasses, or that advocates the harassment
of, another User or other third party;
f. transmit or make available any content that exploits another User or any other
third party in a sexual or violent manner;
g. transmit or make available any content that contains nudity, violence, or offensive
subject matter or contains a link to an adult website;
h. solicit personal information from another User or any other third party under
the age of 18;
i. provide any telephone numbers, street addresses, last names, URLs or e-mail addresses;
j. transmit or make available any content that contains any restricted or password
only access pages or hidden pages or images;
k. solicit passwords or personal identifying information for commercial or unlawful
purposes from another User or any other third party;
l. make, solicit or promote any sales or commercial activity, such as, but not limited
to, contests, sweepstakes, barter or advertising without
Bettor's express prior written endorsement
or authorization;
m. transmit or make available any content that contains includes a photograph of
another User or any other third party without that person's consent;
n. transmit or make available any content that the User does not have a right to
make available under any law or contractual or fiduciary relationship, including
without limitation, any content that infringes a third party's copyright, trademark
or other intellectual property and proprietary rights;
o. transmit or make available any content or material that contains any software
virus or other computer or programming code (including HTML) designed to interrupt,
destroy or alter the functionality of the Site, its presentation or any other website,
computer software or hardware;
p. interfere with, disrupt or reverse engineer the Site and/or all or any part of
the
Bettor
Services in any manner, including, without limitation, intercepting, emulating or
redirecting the communication protocols used by
Bettor, creating or using cheats, mods or hacks
or any other software designed to modify the Site and/or all or any part of the
Bettor
Services, or using any software that intercepts or collects information from or
through the Site and/or all or any part of the
Bettor
Services;
q. retrieve or index any information from the Site and/or all or any part of the
Bettor
Services using any robot, spider or other automated mechanism;
r. participate in any activity or action that, in the sole and entire unfettered
discretion of
Bettor
results or may result in another User being defrauded or scammed;
s. transmit or make available any unsolicited or unauthorized advertising or mass
mailing such as, but not limited to, junk mail, instant messaging, "spim",
"spam", chain letters, pyramid schemes or other forms of solicitations;
t. create
Bettor
accounts by automated means or under false or fraudulent pretenses; or
u. impersonate another User or any other third party.
The above list of Prohibited Behavior is not exhaustive and may be modified by
Bettor
at any time or from time to time. If you become aware of the misuse of the Site
and/or all or any part of the
Bettor
Services by another User or any other person, please contact
Bettor
through the "Contact Us" section of the Site.
Bettor
reserves the right to investigate and to take all such actions as
Bettor, in its sole and entire enfettered discretion
deems appropriate or necessary under the circumstances, including without limitation,
deleting the User's posting(s) from the Site and/or terminating the
Bettor
membership of such User, against any User or third party who directly or indirectly
in, or knowingly permits any third party to directly or indirectly engage in, Prohibited
Behavior, the whole without or without notice to such User or third party.
5. Disclaimer of User postings.
Bettor
does not claim any rights of any kind (including, without limitation, ownership
rights) in the posting made by Users on the Site and/or in connection with all or
any part of the
Bettor
Services. All User postings remain the sole and exclusive property, publication,
speech and responsibility of the posting User. You therefore understand, acknowledge
and agree that:
a. each User, and not
Bettor, is the sole and exclusive author, publisher
and/or speaker of the content it posts on the Site and/or in connection with the
Bettor
Services. Each User, and not
Bettor, is therefore fully liable for such
content (including, without limitation, any and all untruths or inaccuracies), whether
caused by the User or by any of the equipment or programming associated with or
utilized in the
Bettor
Services.
b.
Bettor
does not endorse, nor does it have control of any kind over User postings on the
Site and/or in connection with all or any part of the
Bettor
Services.
Bettor
acts strictly and solely as a passive conduit for the online distribution and publication
of content posted on the Site and/or through the
Bettor
Services by Users.
c.
Bettor
does not, and has no obligation of any kind to, screen in advance User postings
on the Site and/or in connection with the
Bettor
Services, or to subsequently review, monitor or edit such postings. The content
posted by Users on the Site and/or through or in connection with the
Bettor
Services does not necessarily reflect the opinions or policies of
Bettor
and
Bettor
makes no warranties (whether express or implied) of any kind with respect to the
content, accuracy and reliability of User postings.
d.
Bettor
does not, and accepts no liability, for monitoring the Site and/or the
Bettor
Services for Prohibited Behavior. Notwithstanding the foregoing, if at any time
Bettor
chooses in its sole discretion to monitor the Site and/or the
Bettor
Services for Prohibited Behavior,
Bettor
shall not be liable to any User or any third party for the content of any User posting
(or for the conduct of the User posting the content at issue), nor shall
Bettor
have any obligation to modify, delete or reject any posting that another User or
any third party considers inappropriate, illegal, defamatory or otherwise a violation
of this Agreement.
Bettor
may, but is not obligated to, nonetheless choose to take any action it deems necessary
or appropriate under the circumstances in respect of any User posting that in the
sole and entire judgment of
Bettor
constitutes Prohibited Behavior or that otherwise violates this Agreement. See paragraph
4 "Your Conduct" above.
e. Profiles created and posted by Users on the Site may contain links to other websites.
Bettor
accepts no liability for the content, accuracy or opinions expressed on such websites.
See paragraph 12 below "Links to other websites".
6. Interruption/Modification of the Site.
Bettor
reserves the right to interrupt the Site and/or the
Bettor
Services with or without prior notice to Users for any reason whatsoever. You understand,
acknowledge and agree that
Bettor
will not be liable for any interruption, delay in or failure to perform of the Site
and/or the
Bettor
Services, and that you will not be entitled to any refund of
Bettor
membership fees or other monies paid to
Bettor
in this regard. In addition to the foregoing, you understand, acknowledge and agree
that
Bettor
has the right at any time and for any reason to modify and/or eliminate any aspect(s)
of the Site and/or the
Bettor
Services as
Bettor
deems necessary or appropriate in its sole and entire unfettered discretion without
liability of any kind to any User or third party.
7. International Use. When accessing or using the Site and/or the
Bettor
Services, you hereby agree to comply with all local laws and rules of the jurisdiction
in which you are located, including, without limitation, those regarding online
conduct, the posting of content on the Internet and the defamation of others. Without
limiting the foregoing, you also agree to comply with all applicable laws regarding
the transmission of technical data exported from
UK
and/or the country in which you reside. In addition to the foregoing, it should
be noted that software available on the Site and/or in connection with the
Bettor
Services (the "Software") may be subject to the export controls of
UK
and/or the country in which you reside. No Software may therefore be downloaded
from the Site and/or the
Bettor
Services, or otherwise exported or re-exported by you in violation of such laws.
Downloading or using the Software is at your sole and entire risk.
8. Intellectual Property. Except for the personal information and content
posted on the Site and/or in connection with the
Bettor
Services by Users, the Site and the
Bettor
Services, as well as any and all other content, property and software included therein,
are owned by
Bettor
or its licensors, and are protected by UK and other international intellectual
property laws. Without limiting the foregoing, "Bettor"
and
Bettor
graphics, logos, page headers, buttons, icons, scripts and service names are trademarks,
trade names or trade dress of
Bettor
in
UK
and/or other jurisdictions. You may not use
Bettor's trademarks, trade names and/or
trade dress in connection with any product or service that is not
Bettor's, that in any manner is likely
to cause confusion among Users or in the public or that in any manner disparages
Bettor. Except as expressly provided herein,
Bettor
and its licensors do not grant you any express or implied rights, license, title
or interest in or to its or their respective trademarks, trade names, trade dress
or other property (including, without limitation, the Site and/or any of the
Bettor
Services) and all such rights, license, title and interest
Bettor
are specifically retained by
Bettor.
9. Your License from
Bettor. Subject to the terms of this
Agreement, and so long as you remain compliant with such Agreement,
Bettor
grants you a non-exclusive, limited, non sub-licensable and fully revocable license
to access and use the Site and/or the
Bettor
Services (excluding any software code) for your personal non-commercial purposes,
and for no others. Notwithstanding the foregoing, you understand, acknowledge and
agree that except for content that you post on the Site, you may not under any circumstances
modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute,
perform, display, create derivative works from, or in any other manner exploit,
the Site, the
Bettor
Services and/or any of the content thereon or the software contained therein, except
as
Bettor
expressly permits in this Agreement or otherwise on the Site. No information or
content on the Site or made available to you in connection with the
Bettor
Services may be modified or altered, merged with other data or published in any
form including, without limitation, "screen scraping", "database
scraping" and any other activity intended to collect, store, reorganize or
manipulate such information or content. Your access to and use of the Site and/or
the
Bettor
Services or any of the content thereon or the software contained therein for any
purpose other than as expressly permitted in this Agreement is a violation of the
intellectual property and other proprietary rights of
Bettor, and may subject you to civil liability
and/or criminal prosecution under applicable laws.
10. Your License to
Bettor. Users posting content on the
Site and/or in connection with the
Bettor
Services, retain all ownership rights in such content and are free to use their
content in any manner save and except to engage in Prohibited Behavior or to otherwise
violate any of the terms and conditions of this Agreement. By posting content on
the Site and/or in connection with the
Bettor
Services, you hereby grant
Bettor
an irrevocable, world wide, non-exclusive, fully-paid, royalty-free and sub-licensable
license to use, modify, publicly perform, publicly display, reproduce, and distribute
such content on the Site and/or through the
Bettor
Services.
Bettor
reserve the right to remove or modify any content you post on the Site and/or in
connection with the
Bettor
Services at it's sole and entire unfettered discretion with or without prior
notice to you or any liability to you, and you hereby waive any moral rights you
may have in or to such content under the laws of any jurisdiction. Your license
to
Bettor
terminates at the time your content is removed from the Site and/or in connection
with the
Bettor
Services. The license does not grant
Bettor
the right to sell your content, nor does your license grant
Bettor
the right to distribute your content outside of the Site and/or the
Bettor
Services. You hereby represent and warrant that (i) you own the content that you
post on the Site and/or in connection with the
Bettor
Services or (ii) you otherwise have the right to grant to
Bettor
the license contemplated by paragraph 10 of this Agreement, and (iii) the posting
of your content on the Site and/or through the
Bettor
Services does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any User or any third party. You agree to pay for
all royalties, fees, and any other monies owing any User or any third party by reason
of any content that you post on the Site and/or through the
Bettor
Services.
11. Complaints.
Bettor
respects the rights and reputations of all Users and third parties. If you have
serious reasons to believe that your rights have been violated or that the content
posted on the Site and/or through the
Bettor
Services constitutes defamation, please provide
Bettor's designated agent with the written
information specified below:
a. A complete description of the location on the Site where the content that you
claim has violated your rights or is defamatory is located;
b. Your address, telephone number, and e-mail address; and
c. A summary statement by you, including supporting documentation or information,
if any, made under penalty of perjury, as to why the content violates your rights
or is defamatory.
Bettor's designated agent for notice of
complaints with respect to content posted by Users can be reached at the following
URL http://Bettor.com/contactus.php NOTWITHSTANDING
THE FOREGOING,
Bettor
HAS NO OBLIGATION WHATSOEVER TO YOU OR TO ANY THIRD PARTY TO RESPOND TO ANY COMPLAINT
THAT IT RECEIVES OR TO TAKE ACTION IN CONNECTION THEREWITH. ANY SUCH RESPONSE OR
ACTION, IF ANY, SHALL BE AT THE SOLE AND ENTIRE UNFETTERED DISCRETION OF
Bettor.
12. Links to other websites. The Site and/or the
Bettor
Service may contain links to third party websites that are not maintained by, or
related to,
Bettor, and over which
Bettor
has no control. Links to such websites are provided solely as a convenience to Users,
and are in no way investigated, monitored or checked for accuracy or completeness
by
Bettor. Links to such websites do not imply
any endorsement by
Bettor
of, and/or any affiliation with, the linked websites or the owner(s) thereof.
Bettor
is not responsible for the availability of such websites, and no endorsement of
any third party products or services is expressed or implied by any information,
material or content referred to, included on or linked from or to the Site and/or
the
Bettor
Services.
Bettor
accepts no liability for the accuracy, completeness, accessibility and usefulness
of the information, data, opinions, advice or statements contained at such website
and your access to and use of all third party websites, including, without limitation,
any and all information, material, products and services contained or referred to
therein, is solely at your own risk.
Bettor
accepts no liability for any direct, indirect, incidental, special, consequential,
punitive or other losses or damages of whatsoever kind arising out of access to
or use of any linked website or any information or reliance on any such content,
goods or services available on or through any such linked website. In addition to
the foregoing,
Bettor
accepts no liability for any direct, indirect, incidental, special, consequential,
punitive or other losses or damages of whatsoever kind arising out of access to
or use of any third party advertisements that with or without the endorsement or
authorization of
Bettor
are posted on the Site or made available to Users through the
Bettor
Services, nor does
Bettor
accept or take any responsibility for the goods or services provided by third party
advertisers.
Bettor
is not responsible for the conduct, whether online or offline, of any User of the
Site and/or the
Bettor
Services.
Bettor'S PRIVACY POLICY IS APPLICABLE ONLY
WHILE YOU ARE USING THE SITE AND/OR THE
Bettor
SERVICES. ONCE YOU ARE LINKED TO ANOTHER WEBSITE, YOU SHOULD READ THE PRIVACY STATEMENT
OF THAT WEBSITE BEFORE DISCLOSING ANY PERSONAL INFORMATION.
13. Indemnification. As a condition of your access to and use of the Site
and/or the
Bettor
Services, you agree to indemnify and hold
Bettor
and
Bettor's directors, officers, employees,
agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers,
partners, co-branders and sublicensees and each of their respective successors and
assigns (collectively, the "Bettor
Indemnitees") harmless from and against any and all claims, demands, losses,
costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies,
including, without limitation, interest, penalties, and reasonable attorneys'
fees, that the
Bettor
Indemnitees may incur or suffer relating to (i) any and all content that you post
or access on the Site and/or in connection with the
Bettor
Services (ii) your breach of this Agreement, your representations or warranties
set forth herein, any applicable law and/or the rights of any kind of other Users
or third parties (iii) any dispute you have, or claim to have, with any other User
or third party (iv)
Bettor's resolution, if any, of any dispute
you have or claim to have with any other User or third party (v) your improper authorization
to or for
Bettor
to collect, use or disclose any of the personal information, data or content provided
by you, and (vi) any disclosure made by
Bettor
with your permission, including, without limitation, your consent that
Bettor
disclose your personal information and other information collected as set forth
in our Privacy Policy. Furthermore, you fully understand and agree that (a)
Bettor
has the right, but not the obligation, to resolve disputes between Users and/or
third parties relating to the Site and/or the
Bettor
Services (b)
Bettor's resolution of any particular dispute
does not a create an obligation of any kind on the part of
Bettor
to resolve any other such dispute, and (c)
Bettor's resolution of any and all such
disputes are final with respect to the Site and/or the
Bettor
Services.
14. DISCLAIMER OF WARRANTIES. YOUR ACCESS TO AND USE OF THE SITE AND/OR THE
Bettor
SERVICES IS AT YOUR OWN RISK. THE SITE AND/OR THE
Bettor
SERVICES ARE BEING PROVIDED BY
Bettor
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Bettor
MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE AND/OR THE
Bettor
SERVICES OR THE INFORMATION OR CONTENT INCLUDED THEREIN.
Bettor
MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE
Bettor
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY.
Bettor
HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING,
TRADE OR PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM YAHOO! OR THROUGH OR FROM THE
Bettor
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY.
Bettor
DOES NOT AND CANNOT REPRESENT, WARRANT OR GUARANTEE ANY SPECIFIC RESULT TO A USER
OR ANY THIRD PARTY RESULTING DIRECTLY OR INDIRECTLY FROM ACCESS TO OR USE OF THE
SITE AND/OR THE
Bettor
SERVICES.
15. Limitation of Liability. You understand, acknowledge and agree that
Bettor
shall not be liable in any manner or to any extent to you or to any third party
for any (i) error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any posting on the Site or in connection with the
Bettor
Services, or (ii) problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer equipment, software,
failure of any e-mail or players due to technical problems or traffic congestion
on the Internet, the Site or in any of the
Bettor
Services or combination thereof, including, without limitation, any injury or damage
to any Users or third party's computer related to, or resulting from, downloading
software or other materials from the Site and/or the
Bettor
Services. UNDER NO CIRCUMSTANCES SHALL
Bettor
BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL
INJURY OR DEATH, RESULTING FROM ACCESS TO OR USE OF THE SITE AND/OR ANY OF THE
Bettor
SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH ALL OR ANY PART OF THE
Bettor
SERVICES, OR FROM THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE.
UNDER NO CIRCUMSTANCES SHALL
Bettor
BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF
Bettor
HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
THE FOREGOING OR ANYTHING TO THE CONTRARY CONTAINED HEREIN,
Bettor'S TOTAL LIABILITY TO YOU OR TO ANY
THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU OR
SUCH THIRD PARTY TO
Bettor
FOR THE USE OF THE SITE AND/OR THE
Bettor
SERVICES DURING THE TERM OF MEMBERSHIP.
16. General Provisions.
a. Term of Agreement. This Agreement shall remain in full force and effect
while you access or use the Site and/or the
Bettor
Services or are a member of
Bettor. You may terminate your paid
Bettor
membership at any time, for any reason, without refund, in the "My Membership"
section of the Site, after logging in. Be advised that by canceling your paid
Bettor
membership, you simply restrict your own access to the Site and/or the
Bettor
Services and that you do not (i) erase your e-mail address from the Site and/or
the
Bettor
Services (ii) delete all or any comments, positive or negative, about you previously
found on the Site and/or in connection with the
Bettor
Services, or (iii) prevent other Users from writing positive or negative comments
about you on the Site and/or in connection with the
Bettor
Services. This Agreement will survive the termination of your
Bettor
membership for any reason.
b. Changes to the Agreement.
Bettor
may modify the terms of this Agreement at any time or from time to time at its sole
discretion. Such modified Agreement will be effective immediately upon posting to
the Site where the prior version of this Agreement was posted. You agree to be bound
to any changes to this Agreement when you use the Site after any such modified Agreement
is posted.
c. Gender. Words importing the singular number shall include the plural and
vice versa, words importing the masculine gender shall include the feminine and
neuter genders and vice versa and words importing persons shall include individuals,
partnerships, associations, trusts, unincorporated organizations and corporations.
d. Waiver. No waiver by
Bettor, whether by conduct or otherwise, of
a breach or threatened breach by you of any term or condition of this Agreement
shall be effective against, or binding upon,
Bettor
unless made in writing and duly signed by
Bettor, and, unless otherwise provided in the
written waiver, shall be limited to the specific breach waived. The failure of
Bettor
to enforce at any time any term or condition of this Agreement shall not be construed
to be a waiver of such provision or of the right of
Bettor
to enforce such provision at any other time.
e. Notices. All notices or other communications to be given by either you
or
Bettor
Borrowers shall be in writing in the English language and may be given personally,
by telecopy or by registered or certified mail and, if mailed, shall be deemed given
ten (10) business days after the letter is deposited in the mail, during normal
postal conditions throughout such period.
f. Severability. If any term or condition of this Agreement is finally determined
by a Court of competent jurisdiction to be invalid, illegal or incapable of being
enforced, all such terms or conditions shall be deemed severed from this Agreement,
but every other term or condition of this Agreement shall remain in full force and
effect, and in substitution for any such term or condition held unlawful, there
shall be substituted a term or condition of similar import reflecting the original
intent of
Bettor
to the extent permissible under law.
g. Assignment. Neither this Agreement nor any of the rights or obligations
hereunder may be assigned by you without the prior written consent of
Bettor, which consent may be withheld by
Bettor
in its sole and entire unfettered discretion.
Bettor
may, without your consent, assign all or any portion of its rights and obligations
hereunder to any third party by posting written notice to this effect on the Site
and/or in connection with the
Bettor
Services. In such case, all Users shall be irrevocably deemed to have first entered
into this Agreement with such third party as of the date the Site first became operational,
and not
Bettor, and shall not therefore have any further
claim or recourse against
Bettor
of any kind.
h. Headings. The division of this Agreement into paragraphs and sub-paragraphs
and the insertion of headings are for convenience of reference only, and shall not
affect or be utilized in the construction or interpretation of this agreement. The
terms "this Agreement", "hereof", "hereunder" and
similar expressions refer to this Agreement and not to any particular paragraph
or sub-paragraph or other portion hereof and include any agreement supplemental
hereto. Unless the subject matter or context is inconsistent therewith, references
herein to paragraphs and sub-paragraphs are to paragraphs and sub-paragraphs of
this Agreement.
i. Other Rules.
Bettor
may have additional or other rules that govern your access to or use of the Site
and/or the
Bettor
Services, and may change such rules at any time or from time to time. Those rules
will be made available to your prior to or at the time of your access to or use
of the Site and/or the
Bettor
Services. Please read those rules carefully.
j. Governing law. This Agreement shall be interpreted and governed by the
laws in force from time to time in UK, without regard to principles of conflict
of laws that would result in the application of different law. In particular, such
laws currently include the Communications Decency Act, section 230 of which provides
that "No provider or user of an interactive computer service shall be treated
as the publisher or speaker of any information provided by another information content
provider". Nevertheless, and in addition to the foregoing, you agree to the
personal and exclusive jurisdiction of the Courts located in judicial district of
UK, being the jurisdiction in which the registered offices
of
Bettor
are located, in the event of any dispute pertaining to this Agreement, any and all
content posted by Users on the Site and/or in connection with the
Bettor
Services. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS RELATED TO THE LAW
OR CHOICE OF LAW GOVERNING THIS AGREEMENT AND/OR TO THE CHOICE OF THE COURTS LOCATED
IN THE JUDICIAL DISTRICT OF MONTREAL AS THE SOLE AND EXCLUSIVE VENUE TO HEAR AND
RESOLVE ANY ACTION, CLAIM, DEMAND, SUIT OR PROCEEDING AGAINST
Bettor
IN CONNECTION WITH THE SITE, ANY AND ALL POSTINGS THEREON, THE
Bettor
SERVICES OR THIS AGREEMENT.
k. Acknowledgement. By hereafter accessing or using the Site and/or the
Bettor
Services, you acknowledge having read, understood and agreed to each and every paragraph
of this Agreement. As a result, you hereby irrevocably waive any future argument,
claim, demand or proceeding to the contrary of anything contained in this Agreement.
The language used in this Agreement is that chosen by you and
Bettor, and no rule of strict construction
will be applied against either you or
Bettor.
l. Entire Agreement. This Agreement constitutes the entire agreement between
you and
Bettor
with respect to your access to and use of the Site and/or the
Bettor
Services, and supersedes all other prior agreements and communications, whether
oral or written with respect to the subject matter hereof.
m. Language. You agree that English will be the language of the Site and/or
the
Bettor
Services, and of all transactions occurring in connection with the Site and/or the
Bettor
Services, and you agree to waive any right to use and rely upon any other language
or translations. The parties hereto acknowledge and agree that they have required
that this agreement, as well as all documents, notices and legal proceedings entered
into, given or instituted pursuant hereto or relating directly or indirectly hereto
be drawn up in English. Les parties reconnaissent avoir exige
la redaction en anglais de cette convention, ainsi que de tous documents executes,
avis donnes et procedures judiciaires intentees, directement ou indirectement, a
la suite ou relativement a la presente convention.
I HAVE READ, UNDERSTOOD AND AGREED TO EACH PARAGRAPH OF AGREEMENT AND
I HEREBY IRREVOCABLY AGREE TO ABIDE BY ALL OF ITS TERMS AND CONDITIONS AT ALL TIMES
I ACCESS OR USE THE SITE AND/OR
Bettor
SERVICES.