Terms & Conditions
Effective April 28, 2022
Lien Games Racing LLC, a North Dakota limited liability company (“LGR”) is a licensed Service Provider which offers an advance deposit wagering service to eligible consumers in certain states in the United States utilizing the Potent Interactive Platform for this website and associated mobile applications (collectively, the "Mobile Application"), which utilizes a proprietary application programming interface integrated with certain trusted third party applications, such Mobile Application and proprietary interface designed, developed and maintained by Potent Systems, Inc. (“Potent”), (LRG and Potent collectively referred to herein as “us” or “we”). As used herein, the term "Service" refers collectively to all means and methods by which a consumer: (i) becomes an approved user of LGR's advance deposit wagering service; and (ii) utilizes the advance deposit wagering service to place wagers and use other features and functionalities offered by the Mobile Application.
These Terms and Conditions (the “Terms and Conditions”) describe the terms and conditions applicable to the use of the Service. This is a legal agreement and it is important that you read and understand exactly what you are agreeing to. By visiting or accessing the Service, you represent and warrant that you are eighteen (18) years of age or older, can form legally binding contracts under applicable law, and agree to be bound by these Terms and Conditions and to all applicable laws, statutes and ordinances. If you have any questions about this Agreement, please email us.
1. ACCEPTANCE OF TERMS
These Terms and Conditions, as amended from time to time, comprise a legal agreement between you (“you” or “User” or “End User” or “Account Holder”) and us. You should read these Terms and Conditions before you use the Service. By registering for and using the Service in any manner, you will be deemed to have agreed to be bound by these Terms and Conditions, as they may be modified from time to time. If you do not agree with these Terms and Conditions, do not use or access the Service.
Some features offered through the Service may be subject to additional terms and conditions promulgated from time to time. Your use of such features is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
2. REGISTRATION AND ELIGIBILITY
Use of the Service is subject to all applicable State and Federal laws and regulations and can only be used by natural persons who are eighteen (18) years of age or older, except where by state or local law users are required to be twenty-one years of age. By using the Service, you represent and warrant that: (a) you are a natural person who is eighteen years of age or older (or twenty one (21) years of age or older in locations where such age is required); (b) you are a United States citizen or resident alien: (c) the residential address you provided is true and correct and that you are a resident of the state associated with such residential address; (d) all registration information you submit is truthful and accurate; (e) at all times you will maintain the accuracy of such information including name, primary residence address, email address and phone number by contacting Player Services; and (f) your Account is only for your own personal use and you will not: (i) use your Account in connection with a commercial business or otherwise for commercial purposes; and (ii) allow others to access or use your Account. If your primary residence address changes, you agree not to use your Account until after you have notified us of such change and your new address has been verified. LGR may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
3. USER ACCOUNTS
3.1 Account Creation
To use the Service, you will be required to create a user account (“Account”). To open an Account, a User must be legally allowed to open a pari-mutuel advance deposit wagering account and not otherwise be disqualified by these Terms and Conditions or applicable state law. You authorize LGR to open a pari-mutuel advance deposit wagering account in your name and to place wagers as instructed by you and manage funds on your behalf. You also authorize LGR to use third party services to authenticate your Account information. You agree that you may create and have only one Account. You may not assign or transfer your Account, either in whole or in part. Any attempt to do so in violation of this requirement shall be void and of no effect. Funds are not transferrable between Accounts.
3.2 Account Security
a. Password Access. You are fully responsible for maintaining the confidentiality of your password, and for any and all activities that occur in association with your account, whether or not authorized by you. You may not use anyone else's account and you may not allow anyone else to use your account. You agree to notify LGR immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence of such compromise or breach as requested by LGR. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.
b. Biometric Verification. The Service may allow you to access and authenticate your Account via the transmission of certain biometric information instead of typing in your account password. Biometric verification is any means by which a person can be uniquely identified by evaluating one or more distinguishing biological traits. Unique identifiers include fingerprints, hand geometry, earlobe geometry, retina and iris patterns, voice waves, DNA, and signatures. The Service currently integrates with the Apple, Inc. TouchID Service and may integrate in the future with other biometric login/authentication services made available by mobile device operating system providers (collectively a “Biometric Authentication Service”). If the operating system for your mobile device contains a Biometric Authentication Service and the Service has integrated that particular Biometric Authentication Service, you may elect to enable the Biometric Authentication Service in using the LGR Service. If you choose to enable the Biometric Authentication Service in connection with your use of the Service, your use of the Biometric Authentication Service shall be governed by the following terms and conditions.
You are not permitted to enable the Biometric Authentication Service in connection with the Service if any fingerprint besides your own is registered on the device. To help keep your account secure and to help prevent unauthorized access or transactions, you agree that only your fingerprint is registered to use the Biometric Authentication Services on your device.
If you choose to enable the Biometric Authentication Service in connection with your use of the Service, any registered fingerprint can be used to sign into the Service and access your account. Signing into the Service via the Biometric Authentication Service will have the same effect as signing in using your account password.
You are responsible for any transactions on your Account that are authorized through the Biometric Authentication Service and/or for any access to the Service authorized through the Biometric Authentication Service. We will not be responsible to you for any losses that may result from the Service being signed into or accessed through the Biometric Authentication Service by a fingerprint that does not belong to you. It is important that no other person is registered or authorized to use the Biometric Authentication Service on your device.
The Biometric Authentication Service is a service offered by your mobile device's operating system provider and as such we are not responsible for your use or inability to use the applicable Biometric Authentication Service. We do not endorse or warrant the use of any Biometric Authentication Service. LGR does not collect or store fingerprint data and is not provided this data by the applicable Biometric Authentication Service.
3.3 Account Funding General Terms
LGR allows Account Holders to fund their Accounts multiple ways, including ACH, credit/debit cards, and potentially other funding mechanisms (each a “Funding Source”). You understand and agree that, if you fund your Account through a particular Funding Source, all withdrawals from your Account and all return of funds to you by LGR may be required to be made using the same Funding Source that you used to fund your Account, unless another disbursement method is utilized pursuant to Section 3.6 of these Terms and Conditions. Account deposits will be made available for your use in accordance with normal financial industry availability standards. Your account balance bears no interest and Account deposits may be subject to deposit fee charges. Users can check account balances through the Service.
a. Electronic Signature and ACH Authorization.
If you elect to fund your Account by depositing amounts from your personal bank account, the terms of this Section 3.3(a) and Section 3.3(b) below (and any additional ACH related terms and conditions posted on the Service) shall apply to your use of the Automated Clearing House (“ACH”) payment system. By choosing your personal bank account as your deposit method, you agree that: (i) you have read, understood, and agree to the terms and conditions set forth in this Section 3.3 (and any additional ACH terms and conditions posted on the Service);(ii) your agreement to the ACH terms and conditions constitutes a writing signed by you under any applicable laws or regulations; (iii) you consent to the electronic delivery of the disclosures contained in the ACH terms and conditions; and (iv) you authorize LGR (or LGR's payment processing agent or vendor for ACH transactions) to make any inquiries LGR considers necessary to validate your account, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. Further, you hereby authorize LGR or LGR's payment processing vendor for ACH transactions to: (i) initiate a debit, in the amounts indicated by you from time to time and at your request, from your personal checking account in the depository financial institution identified by you and to deposit the debited amount into your Account; and (ii) initiate a credit, in the amounts indicated by you from time to time and at your request, to your personal checking account in the depository financial institution identified by you and to deposit the designated amount into your personal bank account by withdrawing the corresponding amount from your Account. You agree that you cannot and will not use any bank account associated with or controlled by any business in connection with funding your Account or withdrawing amounts from your Account.
b. Returned Items.
You acknowledge that LGR (or LGR’s payment processing agent or vendor for ACH transactions) may make additional attempts to collect the deposit to your Account if your bank account has insufficient funds to cover any transaction initiated by you to deposit funds into your Account. You acknowledge that LGR (or LGR’s payment processing agent or vendor for ACH transactions) may charge you a returned item fee of twenty five dollars ($25.00) or such higher amount as determined by LGR's payment processing agent or vendor for ACH transactions (the “Returned Item Fee”) if your bank account has insufficient funds to cover any transaction initiated by you to deposit funds into your Account. You authorize LGR (or LGR's payment processing agent or vendor for ACH transactions) to collect failed deposits and the Returned Item Fee from other forms of payment you have previously used to make deposits into your Account. Additionally, you understand and agree that LGR reserves the right to suspend your Account until such time as you have paid all failed deposits and Returned Item Fees to LGR or LGR's payment processing agent or vendor for ACH transactions.
c. Credit Card Transactions.
The Service may allow you to fund your Account by making a deposit using a credit card. In such event, please be aware that your credit card issuer may consider such a deposit to be a cash advance transaction that subjects you to additional costs and fees under your agreement with your credit card issuer. We are not liable for any fees or costs imposed on you by your credit card issuer.
d. Other Funding Instruments or Mechanisms.
The Service may allow you to fund your Account by making a deposit using other funding instruments or mechanisms (collectively an “Other Funding Mechanism”). Your use of an Other Funding Mechanism will be governed by the terms and conditions imposed by the applicable Other Funding Mechanism and nothing herein shall modify, amend, or supersede your agreement with the applicable Other Funding Mechanism.
e. To the extent that you provide payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true, and accurate.
3.4 Account Suspension and Termination
LGR reserves the right, at its sole discretion, to terminate and close an Account for any reason whatsoever and without explanation. In the event an Account is terminated and closed, LGR shall return to you the balance of any funds in your Account at the time of termination and closure, unless such funds were the result of fraud, deception, or criminal activity. You retain full discretion to end or terminate your Account and discontinue use of the Service at any time and receive the balance of funds in your Account, unless such funds were the result of fraud, deception, or criminal activity. If a User moves to a state where wagering services are not available and notifies LGR of such move, LGR may terminate the Account and return all remaining funds.
3.5 Tax Reporting and Withholding
LGR will report wager winnings and withhold taxes in accordance with applicable federal and state law. If a User Account is subject to IRS reporting and/or withholding requirements, LGR will send a Form W2-G summarizing information for tax purposes. Upon written request, LGR will provide a User with summarized tax information on the User's wagering activities. Pursuant to these reporting requirements, you agree to indemnify and hold harmless LGR for any claims, demands, liens or judgments based on non-payment or underpayment of such taxes. You hereby grant to LGR a priority lien and security interest in all of your right, title and interest in and to the proceeds of any wager to the extent required to satisfy any taxing authority claims or liens. You agree to file any financing statements or other appropriate document with the relevant governmental authorities to assure the validity, priority and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any wager to any third party without the prior written consent of LGR. You are responsible for the payment of all applicable sales, use, gaming or other taxes for use of the Service and/or wagers placed via the Service imposed on you.
3.6 Account Withdrawals
Requests for withdrawals can be made via the Service or by e-mailing us. In connection with withdrawal requests, LGR will disburse remaining Account funds to the Account Holder via the same Funding Source (as defined in Section 3.3) that the Account Holder used to fund their Account, unless: (i) regulatory requirements mandate a different disbursement method; (ii) the original Funding Source does not allow for incoming deposits; or (iii) LGR in its discretion agrees to a different disbursement method With respect to account withdrawal requests made by e-mail or through the Service, LGR will use commercially reasonable efforts to process such requests within five (5) business days.
3.7 Account Statement
Users may access their transaction history/account statement via the Service or by contacting us by e-mail. Account statements will only be delivered to the verified residence address or email address on file. LGR reserves the right to place time limitations on LGR's maintenance of account history information provided that such time period complies with applicable law.
3.8 Dormant Accounts
LGR reserves the right to deactivate and close your Account if there is no wagering activity for twelve (12) consecutive months (an “Inactive Account”). In the event an Inactive Account has funds on deposit, we may assess a minimal account maintenance service charge of no more than two dollars ($2.00) per month, until (a) the account is no longer inactive or (b) the balance reaches zero, whichever occurs first. In the event the balance of any funds in your Account at the time of termination and closure is less than two dollars ($2.00), the balance will not be credited to you and will be retained by us as an Account termination processing fee. In addition, any monies, either promotional, courtesy, or marketing incentives, which are deposited to your Account by us, with or without notice, and not spent by you within sixty (60) days, may be debited at our discretion from your Account, at any time thereafter, with or without notice.
4. WAGERING PROCEDURES
You may use your LGR Account to place wagers through the Mobile Application. With our virtual racing games, you will specify the amount of your wager, the runner number, and the type of wager (i.e. to come in first, second or third, or some other finishing combination) (“Racing Games”). In lottery style games, you can select a “quick pick” or select a series of four to six numbers, in both cases, such series of numbers will be matched to a single race or the same number of consecutive races at a regulated live racetrack (the “Lottery Games”). In all other games, you will select a game package at a specified price, and your purchase will authorize LGR to make a selection of wagers utilizing its proprietary algorithms (“Package Games”) (Racing Games, Lottery Games and Package Games collectively referred to as the “Games Service” and individually as “Games”). In all instances, results of wagers placed through the Games Service are revealed to you by playing the game that you selected. When offered, you may use your LGR Account to place wagers on live racing events (“Live Racing”) offered through the Mobile Application, which are wagers, the runner, type and amount of such wager you have selected, on tracks you have selected.
4.1 Terms Applicable to Wagering
a. You understand that all wagers, whether on Racing Games, Lottery Games, Package Games or Live Racing, will be deducted from your Account and will be combined and merged with other wagers in regulated, commingled pari-mutuel pools at a live racetrack and are subject to the respective track’s rules and restrictions. All wagers placed will be in US Dollars. Wagers will only be accepted in amounts that do not exceed the current balance of a User's wagering account. All wagers confirmed by you will be withdrawn from your Account prior to submission of the wager. LGR reserves the right to refuse any wagering transaction for any reason.
b. All wagers that are unsuccessful, ineffective or non-permissible for any reason, including, but not limited to, any and all track errors, tote malfunction, or communication failures, will be cancelled and the full wagered amount will be refunded to your Account.
c. LGR does not allow for the cancellation of any wagers with the Games Service once the wagers have been confirmed in accordance with the Games Service's confirmation process. By placing a wager through LGR, you agree to the recording of all Account transactions including any calls made to us.
d. Geo-Location Checks and Location Services Data. By using the Service, you hereby authorize us and any relevant hardware manufacturers and associated vendors to verify your location coordinate data. If you have disabled the location services settings or functionality on your mobile device, we may not be able to verify your location and in such event we reserve the right to prevent you from using the Service. We use geo-location checks and location services data to comply with our advance deposit wagering licenses and applicable law and regulations.
4.2 Understanding How It Works
a. By placing wagers through the Games Service, you authorize us to use our proprietary algorithms to place wagers. With Racing Games, we will place wager(s) in a race at an upcoming race track which corresponds with the runner number you selected in the Racing Game you are playing. With Lottery Games, we will place wager(s) for a race or series of races at an upcoming racetrack which corresponds with the numbers you selected. With Package Games, you authorize us to place such wagers as shall be determined utilizing our proprietary algorithms.
b. In Racing Games, your wager may consist of one or more of the following types of wagers: Win, Place, Show, Exacta, Quinella, Trifecta, or such other wager types or categories that may be available in the Mobile Application. The wagers you have the option of selecting will mirror an identified wagering pool at an upcoming scheduled live race(s) to be run at a regulated racetrack.
c. You understand and acknowledge that, by pressing the “confirm” button after making your selection, you are agreeing to and adopting the wagers which will be placed and instructing us to place those wagers for you. You must confirm before any wagers will be placed. Once you confirm, your wagers are placed and cannot be cancelled or modified.
d. Due to technical or other reasons, we may not be able to place one or more of your wagers (an “Unavailable Wager”). In such event, we will refund the amount of the Unavailable Wager to your Account.
e. You understand and acknowledge that the winnings or losses that are revealed to you through playing one or more of the Games in the Mobile Application are determined by the results of the pari-mutuel wagers that were placed. The Mobile Application is an entertaining mechanism we created to place wagers and display the results of completed wagers. You understand and agree that in the event the winnings of a pari-mutuel wager displayed to you or recorded in your Account are incorrect, and that the wager submitted actually resulted in a different winning amount, whether due to technical malfunction, or otherwise, your winning amount and Account will be adjusted to reflect the actual amount won from the pari-mutuel wager.
f. By choosing to place wagers with the Games Service, you authorize us to (1) reveal the results of your wagers to you, and (2) supplement, at our discretion, such results by adding cash, virtual rewards or other consideration to the Game or to your Account, with or without notice, and whether as part of a marketing promotion or player bonus program or for any other reason (collectively, “Discretionary Cash Contributions”), and at such time and in such manner as we determine, in our sole discretion. Once you finish viewing your chosen Game, the total winnings for your wagers, if any, will be fully revealed to you. In the event of a technical failure in any of the Games that prevent you from viewing the results of a wager, you authorize us to utilize an alternative procedure to communicate or deliver the results of your wager to you.
g. By choosing to place wagers with the Service, you understand and agree that in certain Package Games, we may, at our discretion, with or without notice to you, refrain from placing wagers with a certain portion of the Package Game purchase price and, instead, will return such monies to you, in such manner as we determine, as part of the game play of the Package Game purchased or in future Package Games, and will then credit your Account in such amount.
h. You understand and agree that, although the proceeds from successful wagers will be deposited into an associated pending account as soon as each race is posted official and winning payouts are available from the host racetrack (the “Pending Account”), monies will be transferred from your Pending Account to your Account after you have viewed the Game in which the winnings are displayed. In the event of a technical failure in any of the Games or in the Service that prevents you from seeing any portion of the results of your wager(s), you authorize us to utilize an alternative procedure to communicate or deliver the results of your wager to you.
i. The Service may notify you of the estimated time when your wager results will be available to you. We shall have no liability whatsoever if the estimated time communicated to you is incorrect.
4.3 Winning Wager Displays
Certain sections of the Service may display the “winning wagers” in the last 30 days. Such display will correspond to a winning amount in the last 30 days for a given wager type at a live racetrack at which we are allowed to place wagers on behalf of our customers. These are the winning wagers from previous races that already occurred and are not intended to be predictions or guarantees of payouts for your wager.
5. INTELLECTUAL PROPERTY
The Service contains, displays, and/or otherwise makes available certain software, illustrations, documentation, information, music, pictures, images, text, photographs, animations, three-dimensional models, videos, audio, content, and other digital material and assets (collectively the “Content”). All Content is protected by both United States law as well as the laws of various international jurisdictions, including, but not limited to, copyright law, trademark law, patent law, trade secret law and various governmental treaties. We (or its' applicable licensors) own all right, title, and interest in and to the Content. You acknowledge and agree that, except for the express and limited license rights granted by us to you hereunder, we reserve any and all rights in and to the Content. Nothing herein is intended to transfer or assign to you any ownership or beneficial rights in and to the Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
5.2 License Grant
We hereby grant you a non-exclusive, non-transferable, limited right license to access, use and display the Service specifically for personal, non-commercial use only. This license is fully and completely revocable at any time by us, with or without notice and for any or no reason. We make no warranty as to legality, suitability, or use of the Service and the limited license granted herein and you acknowledge, agree, and otherwise consent that we shall have no liability arising from or in connection with your use of the Service.
5.3 License Restrictions and Prohibitions
You shall not undertake any of the following activities in using the Service: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Service in any way inconsistent with the rights of use provided by the license herein; (ii) remove or obscure any patent, copyright, trademark, or other proprietary rights notices relating to the intellectual property or other property of us or our licensors; (iii) attempt to access source or object code of the Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) attempt to disable any digital rights management or copy protection aspects of the Service, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Service; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial, without the express written permission of us; (viii) interrupt or attempt to interrupt the operation of the Service in any way; and/or (ix) transmit code, data, or files that contain malicious code or that may in any way damage or interfere with the operation of the Service, other Users' access to the Service, and/or other Users' computers.
The Service contains, displays, and/or otherwise depicts certain trademarks, service marks, logos, and/or other indicia of origin (collectively “Trademarks”) owned by us or our partners and vendors. You shall not use, reproduce, or otherwise exploit any Trademarks or any similar derivations of any Trademarks.
6. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY; INDEMNIFICATION
For the purposes of this Section 6, “Providers” means collectively Lien Games Racing LLC, Potent Systems, Inc., Conforming Systems LLC, and their respective parent and affiliated companies along with their directors, officers, employees, shareholders, and commercial partners who provided services relating to the Service.
6.2 Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.3 Limitations of Liability
You acknowledge and agree that your exclusive remedy for any dispute with Providers is to stop using the Service and to cancel your account. In no case shall Providers’ liability to you exceed the amount that LGR received for the applicable transaction giving rise to any such liability or $500.00, whichever is lower. In no case shall Providers be liable for any special, incidental, indirect, punitive or consequential damages arising from your use of the Service or for any other claim related in any way to your interactions with the Providers. LGR reserves the right to terminate, suspend, or change any aspect or feature of the Service at any time, for any reason or no reason, with or without notice to you. You agree that Providers shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change.
6.4 Third Party Services/Functionalities
Certain information available through the Service, including but not limited to wagering and race information, may have been provided by independent third party information suppliers. Providers are not responsible for the accuracy, currency, or reliability of such information, and the inclusion of such information in the Service shall not be deemed an endorsement or recommendation of any third party or constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will Providers be liable for any loss or damage caused by your reliance on such third party information.
6.5 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Providers shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify and hold harmless Providers from and against all claims, losses, costs and expenses (including without limitation court costs and attorney’s fees) arising out of: (a) your use of, or activities in connection with the Service; and (b) any violation of these Terms and Conditions by you or through your Account. The foregoing indemnification obligation shall survive termination of the Terms and Conditions and your Account.
6.7 California Residents
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916-445-1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
7. DISPUTE RESOLUTION
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions. You and us agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account or the Service.
You hereby specifically acknowledge, agree and consent that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to these Terms and Conditions, the Mobile Application or the Service will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate a Dispute informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. We will send our notice to your billing address and email you a copy to the email address you have provided to us. You may send any notice to us to the address listed below.
If the Dispute is not resolved through informal negotiations, the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Any arbitration will take place in Fargo, North Dakota and shall be governed by the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, shall be conducted using the English language, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by the arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms and Conditions shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions, including without limitation, this DISPUTE RESOLUTION section.
The parties agree that any arbitration shall be limited to the Dispute between you and us. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
8. JURISDICTION AND CHOICE OF LAW
To the extent not covered by the Dispute Resolution provisions above, any disputes between you and us shall be subject to the exclusive jurisdiction and venue of the courts located in the State of North Dakota, and shall be governed by, and will be construed under, the law of the United States of America and the law of the State of North Dakota, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
9. GENERAL TERMS
9.1 Modification of Terms and Conditions
We may notify you of any modifications to these Terms and Conditions in connection with your sign-in to use the Service or through other means as determined by us in our discretion, including but not limited to posting on the website. Such modifications will be effective immediately, and will apply to disputes arising under the Terms and Conditions from the date of posting of the modified Terms and Conditions. Your continued use of the Service after a modification has been made to the Terms and Conditions constitutes your acceptance of such modification.
We may assign these Terms and Conditions, in whole or in part, at any time. Notwithstanding the foregoing, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
9.4 Complete Agreement
9.5 Jurisdictional Issues and Export Control Laws
The Service is controlled and operated from offices within the United States. We make no representation that the Service is appropriate, legal or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree not to use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. Without limited the foregoing, the Service may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By accessing and using the Service, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
9.6 Links to Third Party Sites
The Service may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by us and we are not responsible for the information on the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. We provide links to Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by us of any Linked Site.
9.7 Regulatory Compliance
Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service.
9.8 Force Majeure
Notwithstanding anything else in these Terms and Conditions, no default, delay or failure to perform on our part shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
The parties hereby acknowledge and agree that we would be irreparably damaged if these Terms and Conditions were not specifically enforced. Therefore, we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms and Conditions, in addition to such other remedies as we may otherwise be available under applicable laws.
You may contact us by email or at the following address:
Lien Games Racing LLC
404 4th Avenue North Suite 200
Fargo, North Dakota 58102
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.
If at any time you wish to obtain an additional copy of the above Terms and Conditions, you may review and print the Terms and Conditions by: (i) visiting the this web site and clicking on the Terms and Conditions hyperlink on the footer of the home page; or (ii) logging into the Service, going to Settings, and clicking on “Terms and Conditions.”