Terms of Service
IMPORTANT LEGAL NOTICE; ACCEPTANCE OF TERMS
CG Technology, L.P., or its parents, subsidiaries or affiliated companies, (collectively “CG Technology” or “we,” “us” or “our”) provides the website located at www.cgtglobal.com and other websites through which the services we provide are accessed (“Site”), our branded mobile and computer-based applications as well as mobile and computer-based applications that we develop and host for third parties and that contain third-party branding (“Apps”) and our other software, services, content and products (collectively, together with the Site and Apps, the “Services”). These Terms of Service (these “Terms”) govern our provision and your use of the Services in connection with which these Terms are posted.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, VISITING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE ACCESSING, VISITING DOWNLOADING, INSTALLING OR OTHERWISE USING ANY SERVICES. PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND THEM.
PLEASE NOTE THAT SOME OR ALL OF THE SERVICES MAY ONLY BE ACCESSED BY RESIDENTS OF CERTAIN JURISDICTIONS AND MAY BE INACCESSIBLE OR NOT PERMITTED BASED ON YOUR LOCATION.
THESE TERMS ARE NOT INTENDED TO BE VIEWED BY MINORS. IF YOU ARE A PARENT AND WANT TO BLOCK THESE SERVICES, PLEASE CONTACT A FILTERING COMPANY.
The Services may use a large amount of data. You are responsible for all data, communication and messaging charges and may wish to contact your carrier to confirm that you have or to select an unlimited plan.
YOU MAY NOT ACCESS, VISIT, DOWNLOAD, INSTALL OR OTHERWISE USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. IF, AT ANY TIME, YOU ARE UNWILLING TO ACCEPT AND AGREE TO ANY OF THESE TERMS, DO NOT ACCESS, VISIT, DOWNLOAD, INSTALL, OR OTHERWISE USE THE SERVICES.
You represent and warrant to us and acknowledge and agree: (i) that your access, visitation, download, installation and other use of the Services are governed by these Terms and the Rules; (ii) that as the owner of the Account, you are solely responsible for all actions and inactions of any agent of yours who accesses, visits, downloads, installs or otherwise uses the Services.
From time to time, we may offer and/or advertise various promotions, bonuses or other special offers from us, and each such offer will be subject to specific terms and conditions that may only be valid for a limited period of time. We reserve the right to withdraw any promotion, bonus or special offer at any time. If we determine or suspect that that you are abusing or attempting to abuse any promotion, bonus or special offer, we may, in our sole and absolute discretion, deny, withhold or withdraw any promotion, bonus or offer with respect to you, either temporarily or permanently and without any obligation to refund any amount that you may claim in connection with such promotion, bonus or offer, suspend or terminate your access to the Services and/or block your Account.
We may, from time to time, modify these Terms and any Rules with or without notice to you, and any such changes will be effective as soon as updated. See Modifications.
The Services are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. In no event shall we be liable for any loss suffered by you resulting from any changes made to the Services and you shall have and make no claims against us in such regard.
In addition to any other definitions set forth in these Terms, the following definitions, as used herein, shall have the following meanings:
a. Gaming – Engaging in any game, tournament, contest, sweepstakes, promotion or wager. Gaming may include (without limitation) sports betting, race betting, and/or wagering on casino-style games or any other games we may offer from time to time.
b. Permitted Location – A location in which your use of the Services is permissible.
c. You, The Player, Yourself, User – The individual using the Services, or any aspect thereof, to engage in any Gaming offered through the Services, or to access, visit, download, install or otherwise use the Services in any other way, including, as the context indicates, your agent, if you have authorized any agent to act on your Account.
a. To use the Services and engage in Gaming, you must:
i. Open and maintain an Account.
ii. Be of the applicable years of age required for legal participation in Gaming in your jurisdiction. For example, in the United States, you must be 21 years of age to access, visit, download, install or otherwise use the Services for engaging in any casino-style games.
iii. Have the legal capacity to enter into contracts.
iv. Be physically located in a Permitted Location.
v. Comply with all Law.
b. You cannot use the Services if you are:
i. Not physically located in a Permitted Location.
ii. Barred from accessing, visiting, downloading, installing or otherwise using the Services or engaging in Gaming by any governmental authority or any Law.
iii. Included on any list of prohibited or restricted parties by any applicable government or regulatory authority.
iv. Intending to breach any Law.
v. Prohibited from participating in Gaming under any Law.
vi. Someone who has self-excluded yourself from Gaming with us or an affiliated casino property that is associated with your Account.
c. You agree to notify us if you have been self-excluded from any affiliated casino property. We reserve the right to verify whether you are on any applicable self-exclusion list.
d. You are subject to all applicable international, national, state, local and provincial laws, rules, regulations and pronouncements of governmental bodies, agencies and authorities (collectively, “Law”) relating to your Gaming and your access, visitation, download, installation and use of the Services. Access, visitation, download, installation or use of the Services in violation of these Terms or any applicable Law is prohibited. By accessing, visiting, downloading, installing or otherwise using the Services, you represent and warrant to us that your Gaming and your access, visitation, download, installation and use of the Services are not in violation of any Law.
e. We do not represent or warrant that any or every action you take with regard to your Account and related activities in connection with the Services, including (without limitation) Gaming, will be lawful in any particular jurisdiction. It is incumbent upon you to know the Laws that pertain to you in your jurisdiction and act lawfully at all times where and when accessing, visiting, downloading, installing or otherwise using the Services, including (without limitation) Gaming.
3. ACCOUNT REGISTRATION
a. In order to use and obtain access to some of the Services, you may be required to submit a registration application, provide certain registration information, including (without limitation) phone number, email and residential address, identity card such as a valid passport or other identification, including (without limitation) a driver’s license, proof of residence such as a utility bill and proof of payment method, and establish an account number and password, which may be provided to you (such registration information, account number and password, collectively, the “Owner ID”) and create an account (an “Account”), which will enable you to utilize the Services.
b. You may register for and maintain one (1) Account of any particular type then available per affiliated casino property. Each Account shall be restricted to you and any duly-authorized agent of yours who has completed our in-person agency registration process (“Registered Agent”). You shall not allow anyone other than yourself and your Registered Agent, if any, to use your Account, Owner ID or identity to access, visit, download, install or otherwise use the Services. You shall access, visit, download, install or otherwise use the Services to engage in Gaming only via your own Account, except to the extent you are a Registered Agent for another Account holder. You understand that wagering on behalf of another in exchange for compensation or permitting other individuals or entities to use to use your Account to wager on behalf of another in exchange for compensation prohibited by Law.
c. You represent, warrant and agree that all Owner ID information you furnish is true, accurate, current, complete and up to date and to promptly update your Owner ID through the Services or as otherwise directed by us in order to keep such information true, accurate, current, complete and up to date.
d. We reserve the right at any time to modify, discontinue, delete, close, suspend, cancel and/or terminate, in whole or in part, your access to and use of the Services and/or your Account, or deny your registration and/or creation of an Account for any reason, including (without limitation) if (i) it is deemed the authenticity of your registration information is not verifiable; (ii) the registration information you provided is not true, accurate, current, complete or up to date; or (iii) you use or attempt to use an Owner ID or screen name that is deemed offensive or inappropriate. You may be required to provide notarized documentation of your registration information.
e. You are responsible for maintaining and taking precautionary steps to protect the security and confidentiality of your Owner ID, Account and any devices on which you access, visit, install, download and/or use the Services and agree to treat as confidential and not to disclose your Account or Owner ID to any third party. We will not be held responsible for any loss, theft, abuse or misuse of or from your Account due to your failure to maintain the security and confidentiality, whether intentional or accidental, whether active or passive, of your Owner ID, Account and devices.
f. You are responsible for all transactions and activities undertaken via your device or Account whether authorized by you or not. If you learn of or suspect unauthorized use of your Account, you should notify us immediately, and you will cooperate with us, as we may request, in the course of such investigation. You shall be fully responsible for any activities undertaken on your Account by a third party.
g. At the time you open an Account and at any time afterwards, without notice, we, either ourselves and/or with the assistance of other parties, may perform background checks on you, verify your identity or otherwise inquire into your personal history, including (without limitation) name, physical address, date of birth, place of residence, date of birth, social security number/national identification number, financial information, such as source of funds and credit history, and any other information related to you and your Account. In no event shall we be obligated to advise you of such an investigation taking place and we may, in our sole and absolute discretion, suspend or cancel any Account based on the investigation.
h. We may accept wagers on your Account only during the one (1) year period after your Account is opened unless: (a) you place an Account wager at least once annually; or (b) you renew your Account in person prior to the anniversary of your Account opening. If you renew your Account, you may not avail yourself of the renewal option for the following year.
4. DEPOSITS AND WITHDRAWALS
a. You represent and warrant that the funds that you use in your Account are yours, were not obtained illegally and are completely at your disposal, free and clear of all restrictions, obligations and encumbrances, including (without limitation) that the funds may be used for Gaming.
b. Funds that you use for Gaming are nonrefundable. You understand, agree and accept the risk of losing money by accessing, visiting, downloading, installing or otherwise using the Services, including (without limitation) engaging in Gaming.
c. We may impose transactional, daily, weekly and monthly limits on Account deposit and withdrawal amounts. Account statements are available upon request at the CG Technology location affiliated with your Account or by contacting us at 2575 S. Highland Drive, Las Vegas, Nevada 89109, USA or at email@example.com.
d. You are responsible for all third party fees incurred, including (without limitation) wire transfer, location verification, remote access fees and fees relating to the remote funding of your Account and consent to us deducting those fees directly from your Account. Your carrier’s standard messaging rates apply to all mobile text messages, if any, you receive from, or send to us; all charges are billed by and payable to your mobile service provider.
e. We reserve the right to request that you verify ownership of any Account deposit or withdrawal and approve any payment method, either before or after executing any deposit or withdrawal request. Until the funds have been verified and the payment method approved, the funds may be rejected or held by us, as the case may be.
f. When you wish to withdraw money from your Account and provide the necessary information to do so, payment generally will be made within five (5) business days; provided, however, there may be delays due to any security review undertaken by us, or when any other provision of these Terms, government authorities or Law allows or requires us to hold a payment. No responsibility is assumed for any delays caused by third parties in processing any withdrawal of funds.
g. Funds in Accounts do not earn any interest.
h. You represent and warrant to us and acknowledge and agree that you will not make or attempt to make any charge-backs and/or deny or reverse any payment that you have made and that you will reimburse us for any charge-backs, denial or reversal of payments you make and any resulting loss we may suffer.
i. We may from time to time use third-party payment processors and/or financial institutions to process payments made by and to you in connection with the Services. You agree to be bound by the terms and conditions of such third-party payment processors and/or financial institutions.
j. In the case of suspected or fraudulent payment, including (without limitation) use of stolen credit, debit or stored value cards or any other fraudulent activity (including without limitation any charge-back or other reversal of a payment or dispute or fraud relating to ACH/e-checks), we reserve the right to block any affected Account, reverse any pay-out made and recover any winnings. Further, we may contact any relevant authorities or entities (including credit reference agencies) with respect to any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. Under no circumstances shall we be liable for any unauthorized use of payment methods, including (without limitation) credit, debit and stored value cards, regardless whether the cards were reported stolen.
5. VOIDS, CANCELS AND REFUNDS
Any voiding, cancellation or refund of any wagering is subject to the Rules.
6. RESPONSIBLE GAMING
We are committed to safe, enjoyable entertainment. Please see our Responsible Gaming Policy for additional details.
7. INTERNATIONAL USE; EXPORT AND IMPORT COMPLIANCE
You may not access, visit, download, install or otherwise use any Services in violation of any applicable export control and economic sanctions requirements, including (without limitation) those of the United States.
8. LOCATION SERVICES; CONSENT TO USE OF DATA
a. You hereby agree and consent to our use of geolocation services and features. The Services have geolocation services and features that we, either ourselves and/or with the assistance of other parties, may use to determine your location, including (without limitation) to determine if you are located within a Permitted Location, and to verify your device’s location information at any time using GPS, Wi-Fi or any other form of location-identification technology. The geolocation services and features may function at any time, including (without limitation) to improve the functionality of our geolocation services and features.
b. You hereby agree and consent that we may monitor, collect, record, store, use, share and/or process (i) technical data and related information related to the Services, including (without limitation) technical information about your device, system and application software, peripherals, wagering communications, data relating to you or to your device and information relating to the geographic location of you and your device and (ii) data about you obtained from background checks for security, financial and legal compliance purposes. This data and related information may be monitored, collected, recorded, stored, used, shared and processed in the any country in which we or our agents, affiliates, licensees or sublicensees operate or maintain facilities. By accessing, visiting, downloading, installing or otherwise using the Services, you consent to the foregoing occurring or otherwise taking place outside of your jurisdiction. We may provide such data and related information to governmental authorities, affiliated casino property or business partners, our service providers and third parties.
9. LIMITED LICENSE; RESTRICTIONS ON USE
a. Subject to these Terms, you are hereby granted a limited, non‑sublicensable, non-transferable, non-exclusive, revocable, license to access, visit, download, install and use the Services solely for personal, non‑commercial purposes strictly in accordance with these Terms, applicable Law and all other agreements, including (without limitation) any Rules that apply to and/or that you may have entered into in connection with the Services. You agree to comply with any and all rules, restrictions and disclaimers. You may use the Services only for your own personal use.
b. Other than installing any necessary copy of any software from us necessary for you to use the Services as contemplated in these Terms, you may not: (i) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code or otherwise or (ii) sell, assign, sublicense, transfer, distribute, lease or otherwise distribute the Services or any other Services-related software.
c. You agree not to upload, post, email, transmit or otherwise make available through the Services any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other proprietary right of any person or entity, or impersonate any other person or entity.
d. From time to time, we may offer updates for the Services and may automatically check the version of the Services installed on your device(s) and, if applicable, provide updates for the Services. Such updates may contain (without limitation) bug fixes, patches, enhanced functionality, plug-ins and new versions of the Services software. By accessing, visiting, downloading, installing or otherwise using the Services, including (without limitation) downloading and installing Apps, you agree, as applicable, to download, install and/or use such updates to achieve full functionality of the Services and you authorize the automatic download and installation of all automatic updates.
e. You agree to comply with all applicable Law and applicable usage rules governing the access, visitation, download, installation and other use of the Services.
f. You agree to comply with any and all of our and the applicable Source(s)’ policies, rules, terms and conditions. The term “Source” means the direct and indirect third party or affiliated licensors, vendors, service providers, subcontractors and any other sources of the Services.
g. You agree to not access, visit, download, install or otherwise use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) any of our services or products, (ii) any other party’s use and enjoyment of any of our services or products or (iii) any services or products of any third parties.
h. We expressly prohibit the use of devices, including (without limitation) software designed to provide repeated automated access to the Services, including (without limitation) for any commercial purpose, except for those devices expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including (without limitation) modification, discontinuance, deletion, closure, suspension, cancellation and/or termination, in whole or in part, of your access to and use of the Services and/or your Account.
10. PROPRIETARY RIGHTS
The Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names or other intellectual property rights in the Services are owned by us or our licensors or licensees. You acknowledge that we retain full and complete ownership of the Services and that you acquire absolutely no rights or licenses hereunder in or to the Services or our intellectual property other than the limited right to use the Services in accordance with these Terms. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Services or any of our intellectual property in any manner, including (without limitation) electronic, print or other media now known or hereafter developed, without our written consent.
You shall not (and shall not allow others to): (i) remove, obscure or modify any disclaimer(s) or copyright or trademark notice(s) contained in the Services or in anything copied or downloaded from the Services, (ii) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble anything in the Services, or use any other means to derive or attempt to discover source code from the Services, (iii) take any action to circumvent, compromise or defeat any security measures implemented in the Services, or (iv) use the Services to access, copy, transfer or retransmit any intellectual property rights in the Services in violation of any Law or third party rights.
11. CLAIMS OF COPYRIGHT INFRINGEMENT
Under the Digital Millennium Copyright Act of 1998 (“DMCA”), if you believe in good faith that any content on the Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature, (b) identification of the copyrighted work on the Site, Apps or other Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification), (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site, Apps or other Services, (d) your name, address, telephone number and email address (if available), (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the Law and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to:
2575 S. Highland Drive
Las Vegas, Nevada 89109 USA
Please include “Copyright Notice” in the subject line.
12. DEVICE-SPECIFIC TERMS
iOS App Users:
You may download the iOS Apps (“Apple Apps”) from the Site and/or from the iTunes AppStore. You acknowledge that Apple, Inc. and its subsidiaries (collectively, “Apple”) is expressly excluded as a party to these Terms, and as such, we are responsible for the Apple Apps and maintenance or support services with respect to the Apple Apps. You further acknowledge and agree that Apple is a third party beneficiary of these Terms with respect to the Apple Apps and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof to the extent allowed by Law.
You acknowledge that we, not Apple, shall be responsible for addressing any claims relating to the Apple Apps or your possession of the Apple Apps, including (without limitation): (i) product liability claims, (ii) any claim that the Apple Apps fail to conform to any applicable Law, (iii) claims arising under consumer protection laws or similar legislation and (iv) any third party intellectual property infringement claim. Notwithstanding anything set forth in these Terms and in addition thereto, in the event of any failure of the Apple Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund you the applicable purchase price, if any.
iOS User License: Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Apple Apps for personal use only on an Apple iPhone, iPad or iPod Touch (“iOS Device”) owned or controlled by you as permitted by Apple’s usage rules contained in the Apple terms and in accordance with these Terms (“iOS User License”). Any use of the Apple Apps in any other manner, including (without limitation) resale, transfer, modification, distribution, redistribution, reverse-engineering or disassembling of the Apple Apps or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Apple Apps is prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Apple Apps. If you sell or transfer ownership of your Apple Device to a third party, you must remove the Apple Apps before doing so. You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Apple Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Apple Apps). If you breach any of these restrictions, you may be subject to prosecution and damages. These Terms and the iOS User License also govern any updates to, or supplements or replacements for, the Apple Apps unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The iOS User License is effective until terminated by you or us, with or without written notice. Your rights under the iOS User License will terminate automatically without notice from us if you fail to comply with these Terms or terms of the iOS User License. Upon termination of the iOS User License, you shall cease all use of the Apple Apps and destroy all copies, full or partial, of the Apple Apps.
Android App Users:
You may download the Android Apps (“Android Apps”) from the Site.
Android User License: Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the Android Apps for personal use only on an Android phone or tablet (“Android Device”) owned or controlled by you as permitted by Android’s usage rules contained in the Android terms and in accordance with these Terms (“Android User License”). Any use of the Android Apps in any other manner, including (without limitation) resale, transfer, modification, distribution, redistribution, reverse-engineering or disassembling, of the Android App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Android Apps is prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Android Apps. If you sell or transfer ownership of your Android Device to a third party, you must remove the Android Apps before doing so. You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Android Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable Law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Android Apps). If you breach any of these restrictions, you may be subject to prosecution and damages. These Terms and the Android User License also governs any updates or upgrades to, or supplements or replacements for, the Android Apps unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The Android User License is effective until terminated by you or us, with or without written notice. Your rights under the Android User License will terminate automatically without notice from us if you fail to comply with these Terms or terms of the Android User License. Upon termination of the Android User License, you shall cease all use of the Android Apps and destroy all copies, full or partial, of the Android Apps.
13. ACCESSING THE SERVICES
The Services are designed to be accessible on multiple types of devices and operating systems. We make no representation or warranty of any kind whatsoever that the Services will be compatible with your device(s), communication services or any specific operating system version of your device, or any other hardware, software, equipment or device installed on or used in connection with your device.
14. YOUR RESPONSIBILITIES
Without limiting any other provision of these Terms, and in consideration of your opportunity to use the Services to engage in Gaming activity, you represent, warrant and agree as follows:
a. You will abide by these Terms and all Rules.
b. You will access, visit, download, install and otherwise use the Services in accordance with all applicable Law. Use of the Services in violation of these Terms, the Rules or any applicable Law is prohibited.
c. You are responsible for any and every action you take with regard to your Account and related activities in connection with the Services, including Gaming. It is incumbent upon you to know the Laws that pertain to you in your jurisdiction and to act lawfully at all times where and when using the Services, including Gaming.
d. You shall not transfer in any way whatsoever your rights or obligations under these Terms without our prior written consent.
e. You are fully responsible for any and all taxes, fees and other costs incidental to and arising from any winnings, awards, prizes or other amounts you may receive as a result of any Gaming activity or otherwise using the Services.
f. You may not use the Services for any commercial use or on behalf of an entity. You may use the Services only for your own personal use, either for yourself, individually, or as a bona fide Registered Agent.
g. You are not conducting criminal activities and/or intending to utilize your Account in connection with such activities. Nor are you using, intending to use or intending to allow any other person or entity to use your Account or any other aspect of the Services for any prohibited or unlawful activity, including (without limitation) fraud or money laundering, under any applicable Law.
h. You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion or other prohibited or inappropriate scheme with any other person or entity in the course of any Gaming activity conducted via the Services.
i. The payment and fund details supplied by you in creating and/or funding your Account are your own and your payment method has not been reported as lost or stolen.
j. You are not one of our officers, directors or employees, or an officer, director or employee of one of our affiliated or subsidiary companies.
k. You are responsible for the repair or replacement cost of any equipment or mobile device(s) provided by us to you that are lost, stolen or damaged. You consent to CG Technology deducting the cost to repair or replace, in our sole and absolute discretion, such devices directly from your Account.
l. You fully understand the methods, procedures, policies, rules, terms and conditions of the Services and any Gaming activity offered via the Services. You understand that it is your responsibility to ensure the details of your activities are correct, including (without limitation) wagers.
m. You are fully aware that there is a risk of losing money when engaging in Gaming activity via the Services, and you acknowledge that you are fully responsible for any such loss.
n. You agree that your access, visitation, download, installation and other use of the Services is at your sole option, discretion and risk. In relation to your losses, you shall have no claims whatsoever against CG Technology, its affiliated entities, or their respective directors, officers, employees, service providers, agents or any affiliates of any of the foregoing.
o. You will not commit any acts or engage in any conduct that may damage our business or reputation.
p. You are solely responsible for any telecommunications networks and Internet access services and costs and other consents and permissions required in connection with your accessing and using the Services.
15. LOST OR CORRUPTED WAGERS
CG Technology is not responsible for: (a) any hardware or software malfunctions, unauthorized human intervention, or the incorrect, incomplete or inaccurate capture or entry of information, or the failure to capture any such information; (b) any incorrect, incomplete or inaccurate information, whether caused by registration information submitted by end users, by tampering or hacking, or by any of the equipment or programming associated with or utilized in the Services or Gaming; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Services or Gaming; (d) typographical or other human or technical errors in the offer or administration of the Services, including (without limitation) errors in advertising, these Terms, the selection and announcement of a winner or the distribution of winnings; or (e) any Gaming.
a. We may, at our sole and absolute discretion, at any time modify these Terms and any of the Rules. Such modifications shall be effective as soon as the modified version is updated online, in the applicable App(s), at any other authorized distribution location or on the Site, or in such other digital locations as may be affected or otherwise made available to you. We may also send notification of any changes to Account holders for whom we have valid email addresses, though we are under no obligation to do so.
b. It is important, therefore, that you log in to the Services from time to time and check to see whether there is a modification. You are solely responsible for reading and understanding the modifications. You can determine when these Terms were last revised by referring to the “Version Dated” legend at the bottom of the then-current version of the Terms online, in the applicable App(s), at any other authorized distribution location, our website or in such other digital locations as may be affected or otherwise made available to you. Your access, visitation, download, installation or other use of the Services following such modifications constitutes your acceptance of the revised version of the Terms or any Rules online, in the applicable App(s), at any other authorized distribution location, on our website and/or in such other digital locations as may be affected or otherwise made available to you. If you do not agree to be bound by relevant changes, you should cease accessing, visiting, downloading, installing or otherwise using the Services.
17. USER-GENERATED CONTENT AND SUBMISSIONS
18. THIRD-PARTY MATERIALS; HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
The Services may display, include or make available to you third-party content (including (without limitation) content, data, information, websites, social media websites, applications and other products, services and/or materials) or provide links to third-party websites or services, including (without limitation) through third-party advertising (“Third Party Materials”). You acknowledge and agree that CG Technology is not responsible for Third Party Materials, including (without limitation) their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CG Technology does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. It is your responsibility to read and comply with such third parties’ terms and conditions. The fact that we have provided Third Party Materials or a link to any non-CG Technology site, location or source does not signify our sponsorship or endorsement of such Third Party Materials, the site or any of its contents. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.
19. PROHIBITED PRACTICES
We may implement services or features to identify users engaged in unlawful, fraudulent, improper or prohibited activity. Without limiting anything set forth in these Terms or in any Rules and in addition thereto, it is strictly prohibited for you to attempt to engage or engage in any unlawful, fraudulent, improper or prohibited activity, including (without limitation) the following:
a. Illegal Funds and Unlawful Activities. You may not use the Services in any way as a money transfer system, and you agree not to use the Services for any unlawful, fraudulent, improper or prohibited activity (including (without limitation) money laundering) under any applicable Law.
b. Cheating. Use of any means to circumvent the Gaming system (including (without limitation) random number generator or payouts) is strictly prohibited. If your use of the Services indicates that you are using any wagering or other techniques of which we disapprove, in our sole and absolute discretion, then we may immediately terminate and/or suspend your access to the Services and/or your Account.
c. Circumvention. You may not bypass, disable, circumvent or otherwise tamper with any portion of the Services or associated software, the operation of any other CG Technology systems or payment methods, in any way. Such improper conduct includes collusion by Account holders; falsifying personal information, deposit and withdrawal transactions or winning claim(s); tampering with the submission process, the operation of the Services or any other component of the Services; accumulating winnings through methods such as automated computer scripts or other programming techniques; allowing others to use your personal information for the purpose of accumulating or collecting winnings; tampering with CG Technology’s administration of the Services; or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs of the Services.
d. Inappropriate Content/Behavior. You may not post any unlawful, indecent, racist, obscene, profane, libelous, defamatory or threatening material or any material that would violate any Law or generally be considered to be offensive, via any portion of the Services, including (without limitation) any chat function, player image/avatar or in correspondence with any CG Technology-enabled staff. You may not harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party and you agree that neither CG Technology, nor its agents or those involved in creating or providing the Services, is in any way responsible for any harassing, abusive, stalking, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of such actions.
e. Malware. You agree not to use or otherwise exploit the Services in any unauthorized way whatsoever, including (without limitation) transmitting any computer viruses, worms, trojan horses or other malware or by trespassing or burdening network capacity.
20. DISCLAIMER OF WARRANTIES
a. CG TECHNOLOGY DOES NOT REPRESENT OR WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH REPRESENTATIONS AND WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, INCLUDING (WITHOUT LIMITATION) THE GAMING, YOU ACT AT YOUR OWN RISK. EACH TIME YOU USE THE SERVICES, YOU SHALL BE DEEMED TO REPRESENT, WARRANT AND AGREE TO CG TECHNOLOGY THAT: (A) YOU HAVE ALL REQUISITE REGULATORY AND LEGAL AUTHORITY TO ENTER INTO AND BE BOUND BY THESE TERMS AND (B) YOUR USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE LAW. YOU COVENANT THAT YOU SHALL NOT USE THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES IN VIOLATION OF ANY LAW.
b. CG TECHNOLOGY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR TELECOMMUNICATIONS NETWORKS OR INTERNET SERVICE PROVIDERS OR OTHER PARTIES WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES.
c. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND CG TECHNOLOGY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OR NON-INFRINGEMENT.
d. CG TECHNOLOGY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTABLE OR CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR BUGS OR DAMAGING OR DISABLING CODE OR WILL DELIVER FULL FUNCTIONALITY, ACCURACY OR RELIABILITY OF CONTENT OR INFORMATION.
e. CG TECHNOLOGY HAS NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER PARTIES EXPERIENCE CONCERNING USE OF THE SERVICES OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. NEITHER CG TECHNOLOGY NOR ITS AFFILIATES OR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES HAVE ANY DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY CONTENT DISPLAYED IN OR AVAILABLE THROUGH THE SERVICES.
21. LIMITATIONS OF LIABILITY
You acknowledge and agree that:
a. YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES, AND YOU DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CG TECHNOLOGY, NOR ITS AFFILIATED COMPANIES OR ANY THIRD PARTY SERVICE PROVIDER (COLLECTIVELY, “AFFILIATES”), OR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LOST PROFITS OR INJURY, COST, CLAIM OR DAMAGE, INCLUDING (WITHOUT LIMITATION) DAMAGES OR INJURY CAUSED BY OR RELATED TO LOSS OF WINNINGS, PRIZES, POINTS, PROFITS, GOODWILL, USE, DATA, ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS OR LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, FORCE MAJEURE EVENT, OR OTHER LOSSES, WHETHER IN AN ACTION OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE AND EVEN IF CG TECHNOLOGY OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU EXPRESSLY RELEASE AND DISCHARGE CG TECHNOLOGY AND AFFILIATES AND ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES FROM ALL OF THE SAME.
c. NEITHER WE, NOR ANY AFFILIATES, NOR ANY OF OUR/THEIR RESPECTIVE THIRD-PARTY LICENSORS OR SOURCES SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, DISCONTINUANCE, DELETION, CLOSURE, SUSPENSION, CANCELLATOIN AND/OR TERMINATION, IN WHOLE OR IN PART, OF THE SERVICES OR FOR ANY USER CONTENT, SUBMISSIONS, COMMUNICATIONS, MESSAGES OR INFORMATION POSTED BY YOU OR THIRD PARTIES.
d. CG TECHNOLOGY RESERVES THE RIGHT TO REVIEW AND TO ADJUST, MODIFY OR OTHERWISE CORRECT ANY ERRONEOUS GAMING ACTIVITY, INCLUDING (WITHOUT LIMITATION) INCORRECT ACCOUNTING OR PAYMENT OF WINNINGS OR IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SYSTEM OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, AND YOU HEREBY AGREE THAT CG TECHNOLOGY’S DECISION WITH RESPECT TO SUCH ACTIVITY IS BINDING AND FINAL. YOU SHALL IMMEDIATELY INFORM US IF YOU ARE AWARE OF ANY SUCH ERROR AND SHALL REPAY ANY WINNINGS ERRONEOUSLY CREDITED TO YOUR ACCOUNT OR OTHERWISE PAID; PROVIDED THAT WE ALSO RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DEDUCT AN AMOUNT EQUAL TO THOSE WINNINGS FROM YOUR ACCOUNT OR TO SET OFF SUCH AMOUNT AGAINST ANY MONEY OWED TO YOU. WE RESERVE THE RIGHT TO VOID ALL AFFECTED GAMING ACTIVITY AND TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS; PROVIDED, HOWEVER, THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
e. SUBJECT TO THE APPLICABLE RULES, IN THE EVENT THAT ANY GAMING ACTIVITY IS AT ANY TIME INTERRUPTED AND/OR DISCONNECTED (OTHER THAN BY VOLUNTARY TERMINATION BY A USER, WHICH VOIDS THE GAME), UPON RECOMMENCEMENT OF THE GAMING ACTIVITY, YOU WILL, TO THE EXTENT TECHNOLOGICALLY POSSIBLE, BE ABLE TO CONTINUE AND COMPLETE THE GAMING ACTIVITY EXACTLY AS IF SUCH INTERRUPTION AND/OR DISCONNECTION HAD NEVER OCCURRED.
f. ANY MALFUNCTION OF THE SERVICES RELATING TO ANY ACCOUNT OR GAMING VOIDS ANY ERRONEOUS PAYOUT(S) TO THAT ACCOUNT.
g. NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS AND IN ADDITION THERETO, THE AGGREGATE LIABILITY OF CG TECHNOLOGY FOR ANY DAMAGES RELATING TO OR ARISING OUT OF THESE TERMS SHALL IN NO EVENT EXCEED FIVE HUNDRED U.S. DOLLARS ($500.00).
h. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT THAT GAVE RISE TO THE CAUSE OF ACTION.
i. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, THE PRECEDING LIMITATIONS IN THIS SECTION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND CG TECHNOLOGY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
You agree, at your own expense, to indemnify, defend and hold harmless CG Technology and its affiliates and its and their officers, directors and employees for, from and against any and all claims (including, without limitation, taxes), actions, suits, demands, proceedings, investigations, losses, obligations, penalties, damages, liabilities, judgments, settlements, costs, payments and expenses (including, without limitation, reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of these Terms and/or any Rules that we may issue from time to time, including your breach of any agreements, representations, covenants, warranties, obligations or responsibilities contained in these Terms, (ii) your or any other person’s or entity’s access to and/or use of the Services, Account, any links on the Site or Apps or Third Party Materials, (iii) any and all information or content submitted by you or using your Account or Owner ID to or otherwise using the Services, including for claims that any of the same violates, infringes or misappropriates any proprietary right of publicity, privacy or any other right of any third party, (iv) any violation by you of any of our or our Sources’ requirements or restrictions, (v) any Gaming, including (without limitation) acceptance of any winnings and/or (vi) a breach or violation by you of any applicable Law or the rights of any third party. CG Technology reserves the right to assume the exclusive defense and control of any claim subject to indemnification by you, and in such event you will fully cooperate with CG Technology in asserting any and all available defenses.
23. DURATION AND TERMINATION
a. You may close your Account by submitting a written request to CG Technology.
b. Notwithstanding anything to the contrary in these Terms and in addition thereto, CG Technology may, in its sole and absolute discretion, at any time and without notice to you, and without liability to CG Technology, modify, discontinue, delete, close, suspend, cancel and/or terminate, in whole or in part, the Services and/or your Account, including (without limitation) your access to and/or use thereof and your participation in any Gaming, in each case, effective immediately, and any and all rights granted to you herein with respect thereto will immediately and automatically terminate.
c. If we suspect that you may be engaging in or have engaged in unlawful, fraudulent, improper or prohibited activity, that you fail to comply with any provision of these Terms or that you engage in activity otherwise adverse to the operation of the Services or detrimental to CG Technology or other Account holders, CG Technology may, in its sole and absolute discretion, modify, discontinue, delete, close, suspend, cancel and/or terminate, in whole or in part, your access to and use of the Services and/or your Account, in each case, effective immediately, any and all rights granted to you herein with respect thereto will immediately and automatically terminate.
d. Upon closure, suspension, cancellation and/or termination of the Services and/or your Account for any reason whatsoever, you shall immediately discontinue your access to and cease all use of the Services and your Account, shall permanently delete the Services in their entirety from any and all devices on which you have installed the Services, shall pay to us any and all fees and charges due to us up to and including the date of such closure, suspension, cancellation and/or termination, and any rights granted to you herein shall immediately and automatically (without further action by you or us) terminate.
e. Upon closure, suspension, cancellation and/or termination of the Services and/or your Account for any reason whatsoever, any balance in your Account will be either returned or withheld, either in whole or in part, in accordance with these Terms, the Rules and applicable Law and governmental authority requirements or approvals and pending investigation and/or the conclusion of any legal proceedings.
f. In addition to closing, suspending, canceling and/or terminating your access to and/or use of the Services and/or your Account, we reserve the right to prevent you from accessing any of our other websites or servers, or accessing any other services offered by us or our affiliates.
g. We also reserve the right to inform government authorities, affiliated casino properties, other online service providers, banks, payment providers or other financial institutions and other interested parties of your identity and of any suspected unlawful, fraudulent, improper or prohibited activity.
h. You further acknowledge and agree that taking any of these actions shall in no way prevent CG Technology from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
i. Termination or suspension of your access to the Services and/or your Account will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Account is terminated for any reason you will, thereafter, be unable to access the Services.
j. These Terms (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms, will survive the closure, suspension, cancellation and/or termination of your access to and/or use of the Services and/or your Account, and your relationship with us.
24. GOVERNING LAW; EXCLUSIVE JURISDICTION; JURY TRIAL WAIVER
These Terms, and any Rules that we may issue from time to time, and the relationship between the you and us shall be governed by and interpreted solely and exclusively in accordance with the internal Laws of the State of Nevada, USA, without regard to principles of conflicts of laws. Your use of the Services and participation in any Gaming activity may also be subject to other local, state, national or international laws. Any controversy or dispute between you and us, including (without limitation) any controversies or disputes arising in connection with, out of or as a result of these Terms or any access to and/or use of the Services, shall be submitted exclusively to the federal or state courts in the State of Nevada, USA. You hereby consent to personal jurisdiction in any such court for purposes of any controversy or dispute and hereby waive, for all purposes, your right to challenge personal jurisdiction in the federal or state courts in the State of Nevada, USA. YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR ACTION, INCLUDING (WITHOUT LIMITATION) ANY CONTROVERSY OR DISPUTE.
a. Disputes Between Users. In case of any controversy or dispute raised between holders of Accounts brought to our attention relating to the Services, we may (but are not obligated to) make efforts as we deem appropriate to assist and negotiate between the parties for the sake of reaching quick and amicable resolution. Any such negotiations shall be confidential among the parties. You further understand, acknowledge and agree that our decision with respect to the Services is the final authority in resolving controversies or disputes and that we are not required to consider any controversy or dispute you may have with regard to our decisions in such matters. This provision does not prejudice any rights or remedies you may have at law or in equity.
b. Disputes With Us. For any controversy or dispute you have with us, you agree to initially address to our customer service to seek resolution through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Notwithstanding the foregoing, in the case of any Gaming with outcomes determined by our random-number generator, you understand, acknowledge and agree that our random-number generator and related technology will determine the randomly generated events required in connection with the Gaming. Further, in the event any result shown on your hardware device connected to the Services conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence.
You further understand, acknowledge and agree that our records shall be the final authority in determining the terms of your use of the Services and that we are not required to consider any controversy or dispute you may have with regard to our decisions in such matters. This provision does not prejudice any rights or remedies you may have at law or in equity.
c. Exclusive Jurisdiction in Nevada. The parties mutually agree that any controversies or disputes between them not resolved as described above shall be resolved pursuant to the exclusive jurisdiction of the State of Nevada, USA as set forth in GOVERNING LAW; EXCLUSIVE JURISDICTION; JURY TRIAL WAIVER.
d. CLASS ACTION WAIVER. YOU FURTHER AGREE THAT ANY CONTROVERSIES OR DISPUTES SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
26. FORCE MAJEURE
CG Technology is not and will not be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of CG Technology, including (without limitation) natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, loss or corruption of data, delay or failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access and theft (each, a “Force Majeure Event”).
a. These Terms and the Rules represent the complete and exclusive agreement and understanding between you and us with respect to the subject matter hereof and representations or agreements (whether oral, written or otherwise) relating thereto and supersede all prior representations or agreements between you and us regarding the Services.
b. If any provision of these Terms is declared or found by a court of competent jurisdiction to be invalid, illegal, unenforceable or void, then (i) the parties to these Terms shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid, illegal, unenforceable or void, and these Terms shall be deemed amended by modifying such provision to the extent necessary to make it valid, legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is valid, legal and enforceable and achieves the same objective and (ii) the remaining provisions hereof shall be unimpaired and remain in full force and effect.
c. Any failure by us at any time to enforce performance or insist upon strict compliance with any provision of these Terms, or any delay or failure on our part to exercise any power or right given to us in these Terms, or a continued course of such conduct on our part, shall in no way operate as a waiver of or affect our rights thereafter to enforce or insist upon the same, nor will any single or partial exercise preclude any other future exercise. Any waiver by us of any breach or provision of these Terms, whether by conduct or otherwise, in any one or more instances, shall not be deemed to be a waiver by us of any other breach or provision.
d. Any and all headings in the text of these Terms are solely for convenience or reference and do not constitute a part of the Terms, nor do they affect the meaning, construction or effect of the Terms.
e. Unless otherwise expressly stated in these Terms, nothing in these Terms shall create or confer any rights or any other benefits to third parties.
f. We may transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person or entity without notice and you hereby consent to such transfer, assignment, sublicense or pledge.
g. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Services and/or the messages/help files of the Apps and/or delivered to your e-mail address or mobile telephone number and/or presented on or available from any wagering platform including (without limitation) a mobile device, wagering station, kiosk or software program. All communications in either electronic or paper format will be considered to be in “writing” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format.
If you have any questions regarding the Services, you can email us at firstname.lastname@example.org. You can also telephone us at 702-677-3830 or you can write to us at 2575 S. Highland Drive, Las Vegas, Nevada 89109 USA and include your name and jurisdiction of residence.
We may only accept off-track pari-mutuel horse race Account wagers pursuant to the provisions of Nevada Gaming Regulation 26C.
CG Technology’s House Rules, Account Wagering Rules, and other rules for specific Gaming activity apply. For Account-based wagering, the terms and conditions of our Account Wagering Application (or similarly titled application, as may be revised from time to time) apply.
Nothing herein is intended to limit the applicability of Nevada Revised Statutes Section 463.362 to patron disputes.
30. VERSION DATED
These Terms are dated as of August 31, 2015.