Sports Bet Expert, LLC (“Company”, “we”, “us” or “our”), is an online sports consulting firm providing information and advice regarding sports betting through its website, www.TheSportsBetExpert.com (the “Platform”), as well as any mobile, desktop, or device version or application.
The Sports Bet Expert is not responsible for any decisions made, financial or otherwise, based on the information provided on the Platform. The Company does not guarantee winnings and cannot be held liable for losses resulting from the use of information obtained from the Platform. The Company does not offer bookmaking services or gambling capabilities on the Platform. If you encounter gambling problems, please seek gambling help authorities in your local area.
The Platform is provided by us as a service to you. In order to access and use the Platform, you are granted a limited, non-exclusive, revocable and non-transferable license to use the Site conditioned on your continued compliance with this Agreement. This license includes the right to view and engage with content available on the Website, subject to creating a User Account and paying for any required Subscriptions, as further explained below. You may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, transfer, sell or otherwise use, in any medium, any information, products services or material obtained from or through the Platform, except you may, for your sole personal use and information, access, use and store the content or any portion thereof solely for your own personal, and not commercial, purposes. This license will remain in effect unless and until you violate these Terms, or it is otherwise terminated by you or Company as provided for in these Terms.
B. User Account and Subscriptions.
You will be required to create an account with us (“User Account”) in order to access and use the Platform. To create a User Account, you must be at least 18 years of age and will be required to provide us with information about yourself, such as your name and email address. Your access to the Platform will be limited unless you pay for a Subscription (as defined below).
By creating a User Account, you agree that you shall provide true, accurate, current and complete information about yourself as requested during the registration process and maintain and promptly update such information to ensure that it is true, accurate, current and complete. If your information changes at any time, you are responsible for updating your User Account to reflect those changes. We may, at any time and in our sole discretion, require you to update your User Account or provide additional information. If you fail to respond to such request or otherwise provide any information that is untrue, inaccurate, not current or incomplete, Company may, at its sole discretion, suspend or terminate your User Account and refuse any and all current or future use of the Platform or any portion thereof.
In order to receive access to various types of content on the Platform, Users must purchase a Subscription for their User Account (“Subscription”). Subscriptions are available on the terms presented to and selected by you through the Platform at the time of paying for such Subscription, including the time period (i.e., daily, weekly, monthly, etc.), the price, and the content that will be made available. You understand that multiple Subscription options may be available and agree that by paying for a particular Subscription, you agree to the terms presented for such option. Features and prices are subject to change by Company in its sole discretion.
C. Payments and Refunds.
You hereby acknowledge that any payment made through our Platform utilizes the payment processing services of third parties, including Stripe and PayPal, and by making any purchase through the Platform, you further agree to such parties terms, policies, and securities practices, which can be found at: https://stripe.com/privacy and https://www.paypal.com/va/webapps/mpp/ua/legalhub-full, respectively.
From time to time, Company may offer certain promotions and discounts for Subscriptions or other Offers made on the Platform. To qualify for such promotional discounts, you may have to meet specifically outlined criteria. By participating in a promotion or discount, you agree to any such applicable rules and restrictions. If you have any questions regarding promotional offers, please contact us at firstname.lastname@example.org.
Company does not offer any refunds for any purchases made through Platform, including, but not limited to, payments for Subscriptions. Since services are nontangible, irrevocable, digital goods; we do not issue refunds, which you acknowledge by using the Platform. During checkout, upon clicking the Sign Up Now button, your purchase is charged to the credit/debit card that you supplied, and all sales are final. You cannot cancel the purchase of a subscription or receive a refund for a purchase of a subscription.If you have any questions regarding our no refund policy, please email us at email@example.com.
D. Electronic Communication.
If you provide us or one of our third-party service providers with your email address, we may send you electronic communication containing requests for information, updates, new promotions, discounts, and other communications in writing (“Communications”) regarding the Platform. Providing your e-mail address confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at firstname.lastname@example.org with the subject line: “Unsubscribe from Electronic Communications.” In addition, you may be able to unsubscribe from Communications through your User Account or through an unsubscribe link included in an e-mail from us.
F. Code of Conduct.
We prohibit certain activities in connection with the Platform; these prohibited activities include, without limitation, the following:
- Using any information obtained from the Platform, or the Platform itself, in order to contact, advertise to, solicit or sell any products or services to any other User or person without Company’s prior written consent.
- Providing any third-party access to or copies of the content and/or information provided on the Platform without Company’s prior written consent.
- Selling any content and/or information provided on the Platform to a third-party without Company’s prior written consent.
- Interfering with, disrupting or creating an undue burden on the Platform or the networks or services connected to the Platform.
- Attempting to impersonate another User or person.
- Using any information obtained from the Platform in order to harass, abuse or harm another person.
- Using the Platform in a manner inconsistent with any and all applicable laws and regulations.
- Restricting or inhibiting any other visitor from using the Platform, including without limitation, by means of “hacking” or defacing any portion of the Platform.
- Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Platform.
- Removing any copyright, trademark or other proprietary rights notices contained in the Platform.
- Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Platform.
- Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents, authentications and security measures.
- Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Platform;
- Modifying, translating, or creating derivative works based on the Platform.
G. Intellectual Property Rights.
The Platform and its Content, including any copyrightable materials, such as information, graphics, designs, logos, text, audio clips, trade names and symbols, inventions and ideas, and other data and materials are the property of Company or its licensors and constitute copyrights, trademarks, patents, and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions. You are prohibited from using any trademark displayed through the Platform for any purpose including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of Company or such third party which may own the trademark.
You agree not to engage in the use, copying or distribution of the Platform, including any of the Content, or any other information or data generated or produced using the Platform for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform. You do not acquire any ownership rights to the Platform, Content, or to any other information contained on or services offered through the Platform. All rights not expressly granted in these Terms are reserved by Company and its respective licensors, affiliates, and contractors.
H. Third Parties.
I. Disclaimer of Warranties.
Company attempts to ensure that the Platform and Content is as useful and accurate as possible. However, we do not warrant that the Platform, including the Content and any other information or materials, is accurate, complete, reliable, current, or error-free.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT (I) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE PLATFORM. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE PLATFORM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
J. Limitation of Liability.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNTS PAID BY YOU TO COMPANY OR (II) ONE HUNDRED ($100.00) DOLLARS.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You agree to fully indemnify, defend, and hold Company and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Platform or the information, products, and other services obtained through your use of the Platform, including, but not limited to, Content; (ii) any User Content you upload or submit to us; (iii) your breach or violation of any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iv) any allegation that any materials you submit to us or transmit to the Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (v) your activities in connection with the Platform or other websites to which the Platform is linked; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Platform.
These Terms may be amended by Company from time to time in its sole discretion. You agree that you will review these Terms prior to using the Platform, and that your participation and continued use of the Platform will constitute acceptance of these Terms, as they may be amended from time to time. A new version of this Agreement will take effect on either the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you. In either case, if you do not wish to be governed by the new version of this Agreement, you must notify us, and you further agree there shall be no further provision of or access to the Platform. We shall not have any liability to you in such an event.
M. Term and Non-Compliance With Agreement.
This Agreement is effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Platform via email to email@example.com or when you cease using our Platform. However, please note that in the event you terminate this Agreement, you will not receive a refund for any portion of a Subscription that you have already paid and may no longer use or access the Platform in any manner.
You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms, including, without limitation, reporting to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of a User Account and/or the Platform, and (iii) otherwise manage the Platform in a manner designed to protect the rights and property of Company and Users and to facilitate the proper functioning of the Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof).
M. Governing Law and Jurisdiction.
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of Florida. Your consent to this Agreement includes your consent to exclusive jurisdiction and venue in courts located in the State of Florida. Any action to enforce this Agreement and/or arising out of or relating to this Agreement must be brought in the state or federal courts located in the State of Florida. Your consent to this jurisdiction is irrevocable. You waive all defenses of lack of jurisdiction, venue or forum non-conveniens.
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
P. Force Majeure.
Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, any “act of god”, act of government, flood, fire, civil unrest, act of terror, strike or other labor problem, computer attacks or malicious acts, mechanical, electronic or communications failure or degradation, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”). Without limiting the foregoing, we shall have no obligation or liability to provide the Platform if we are unable to do so, in our sole discretion, due to a Force Majeure Event. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limitedor eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.
S. Entire Agreement.
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Platform or its contents. Modifications to the Terms that are not posted on the Platform are not valid unless made in writing and signed by an authorized representative of Company.
T. Contact Us.
If you have any questions about these Terms or the Platform, you may contact us email at firstname.lastname@example.org.
Last updated: March 19, 2021