Terms and Conditions

Terms and Conditions

Last Updated: March 8, 2024

1. AGREEMENT TO TERMS

Szynergy LLC. d/b/a Bettor Together (“We”, “Us”, or “Bettor Together”) provides a fantasy sports website located at www.bettortogether.co (the “Site”) and related mobile apps — which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide. The Site, the mobile apps, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Bettor Together are referred to here as the “Services.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Services. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional rules and scoring system, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) accept and agree to any additional terms, rules, and conditions of participation in particular contests issued by Bettor Together from time to time (“Rules”). If you do not agree to the Terms, then you may not access or use the Content or Services. All of your activity on the Site and all or your transactions with Bettor Together, including all events which occurred before your acceptance of these Terms, are subject to these Terms.

Bettor Together may issue additional terms, rules and conditions of participation in particular contests. For example, Bettor Together may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Services. You agree to be subject to those additional rules if you participate in such contests.

2. MODIFICATION OF TERMS OF USE

Bettor Together reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

3. USER REPRESENTATION/ELIGIBILITY

If you plan to access or participate in Fantasy Contests, you hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.

Some states require operators of Fantasy Contests to be licensed or registered in order to offer contests to residents of that state. Where that is the case, if you are physically located in a state with such a license or registration requirement at the time that you are entering a Fantasy Contest, and Bettor Together does not have a license to operate in that state, you may not be able to participate in Fantasy Contests.

By entering a Fantasy Contest, you are further representing and warranting that all of the following are true:

4. REGISTRATION

In order to participate in the Services, including Fantasy Contests, you must register for an account. By registering as a user of the Services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Bettor Together has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Bettor Together may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

You may establish, maintain, use and control only one account on the Services. Each account on the Services may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Services. In the event Bettor Together determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Bettor Together may have, Bettor Together reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

You agree that the sole and specific purpose of creating an account on Bettor Together is to participate in the Services. Bettor Together shall be entitled to suspend, limit or terminate your account if we have reasonable grounds to believe (as determined in our sole discretion) that you are using the Services for an illegal or improper purpose. In such circumstances, we may also report such activity to relevant authorities.

5. ACCOUNT PASSWORD AND SECURITY

At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Bettor Together in its sole discretion deems offensive. Many portions of the Services require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Services that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Bettor Together of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Services’ Restricted Areas. Bettor Together cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that Bettor Together is authorized to act on instructions received through the use of your Username and Password, and that Bettor Together may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

Bettor Together may require you to change your Username or may unilaterally change your Username. Bettor Together recommends users to constantly consider the security of the passwords and Bettor Together recommends users change their passwords on a frequent basis of at least every 6 months.

All data which you provide to Bettor Together or which is obtained or generated about you during your use of the Services shall be subject to the Privacy Policy. The Privacy Policy, and any changes to the same, is further deemed incorporated and part of these Terms.

6. COMMUNICATION AND INFORMATION PRACTICES

As a result of your registration for the Services, you may receive certain commercial communications from Bettor Together. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications as set forth in our Privacy Policy. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

7. DISQUALIFICATION AND CANCELLATION

Bettor Together reserves the right to cancel contests, in our sole discretion, without any restrictions.

Bettor Together, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Bettor Together deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users.

Improper conduct includes, but is not limited to:

You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Bettor Together from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason Fantasy Contests are not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the Rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Bettor Together corrupts or affects the administration, security, fairness, integrity or proper conduct of the Services), Bettor Together reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Fantasy Contests, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.

The failure of Bettor Together to comply with any provision of these Terms due to circumstances beyond its control including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event will not be considered a breach of these Terms, and Bettor Togethers’ performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable and if performance is no longer possible.

8. DEPOSITS AND WITHDRAWALS GENERAL

By creating a Bettor Together account, you agree to provide us with a valid mailing address, date of birth, and Social Security number as well as any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. For users eligible to participate in Fantasy Contests, while your account is pending verification, you may be able to participate in Fantasy Contests, but you will not be able to deposit funds to your account or participate in any Fantasy Contests until verification is complete. If we are unable to verify you at any point, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.

We also may conduct checks for Terms compliance, including anti-fraud checks on playing and Services usage patterns prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your account balance at any time and for any reason.

If you participate in Fantasy Contests, all Fantasy Prize Winnings you obtain will be added to your Bettor Together account balance, and such funds will be held in a separate, segregated bank account by a subsidiary of Bettor Together. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Bettor Together may not use them to cover its operating expenses or for other purposes. Your withdrawals of Fantasy Prize Winnings will be made from this segregated bank account, and any checks or other payments issued from that account may bear the name of Bettor Togethers’ subsidiary.

Minimum Withdrawal Amount: $25. Please do not place requests for amounts lower than the value above. Your request may be ignored. Most withdrawal requests will be processed within 48 hours or the next business day if the request is received over the weekend. We may perform additional checks if the PayPal account is not one you have deposited from. For withdrawals of $250 or more we may request that you provide your social security number before the withdrawal is processed - this helps in the event that your annual net winnings may exceed $600 and we are required to file a 1099-MISC tax form. Bettor Together may limit the amount of entry fees that a user can pay in accordance with state-imposed deposit limits.

In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.

If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Bettor Together is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Bettor Together may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency.

9. TAXATION

Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Bettor Together. These details will be used to allow Bettor Together to comply with tax regulations and may be shared with appropriate tax authorities. You, not Bettor Together, are responsible for filing and paying applicable state and federal taxes on any winnings. Bettor Together does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

10. PUBLICITY

By entering a Fantasy Contest, you grant license and consent to Bettor Together and its service providers’ and business partners’ use of your name, voice, likeness, image, location, photograph or video in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Fantasy Contest and/or other Bettor Together Fantasy Contests and Bettor Together generally, unless otherwise prohibited by law. Bettor Together and its service providers and business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Fantasy Contest. Entrants agree that Bettor Together may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Bettor Together or other Fantasy Contests or games operated by Bettor Together. You agree that participation in and (where applicable) the winning of Fantasy Prize Winnings in connection with a Fantasy Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations, and expressly release and waive any claims related to Bettor Togethers’ use of the license granted in this subparagraph. The rules specific to certain Fantasy Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

Each Fantasy Contest is governed by specific Rules, including with respect to scoring, controls and guidelines for that Fantasy Contest, which shall be posted on the Site or Application You agree that you shall be subject to the Rules in effect at the time of entry of a Fantasy Contest. Such Rules shall be deemed incorporated and part of these Terms and you agree that you shall comply with them in respect of each individual Fantasy Contest which you choose to enter.

11. GAME OF SKILL

Bettor Together Fantasy Contests are games of skill. Winners are determined by the criteria stated in each Fantasy Contest's rules. For each Fantasy Contest, winners are determined by the individuals who use their skill and knowledge of relevant League and Association information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the actual statistical performance of individual athletes in League and Association events.

12. ENTRY FEES

Some Fantasy Contests will require an entry fee or offer a prize. Each Fantasy Contest that has an entry fee will display the entry fee in US dollars. When you opt to participate in a Fantasy Contest with an entry fee, you will need to pay the required entry fee. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person participating in a Fantasy Contest, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Bettor Togethers’ opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. For Fantasy Contests, Bettor Together reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry. Some contests will allow you to cancel an entry. If you timely cancel an entry, your entry fee will be refunded back into your Bettor Together account. Bettor Together has no obligation to honor cancellation requests not received within time or after game start. Similarly, contests lock when the first game starts and no more entries or may be made at that time.

13. CONTEST TERM

Bettor Together offers “Daily” Fantasy Contests for League and Association games generally taking place on a single day, and may offer “Season Long” Fantasy Contests for League and Association games taking place over a season. The duration of each Fantasy Contest may be found on the Lobby tab of the mobile app and on each Fantasy Contest page.

14. Prizes

After each Fantasy Contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players/teams in each Fantasy Contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted Fantasy Contest details. Fantasy Prize Winnings are added to the winning player's account balance. In the event of a tie, the distribution of prizes will depend on the applicable provisions of the Rules.

Bettor Together offers a number of different types of Fantasy Contests. For each Fantasy Contest, we announce any applicable entry fees and/or prizes in advance on the Lobby tab of the mobile app and on the Fantasy Contest page. For a summary of entry fees and prizes for currently open Fantasy Contests please login and visit the Lobby tab.

Prize calculations are based on the results as of the time when final scoring is tabulated by Bettor Together. Once winners are initially announced by Bettor Together, the scoring results will not be changed in light of official adjustments made by the NFL, NBA, NCAAF, NCAAM, or PGA, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Bettor Together has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments. In short, you agree that the final decision and determination of the winner(s) of the Fantasy Contest shall be subject to the sole discretion of Bettor Together.

No substitution or transfer of a prize is permitted. The winner is solely responsible for all taxes associated with the receipt or use of any prize. In the event that the awarding of any prizes to winners of the Fantasy Contest is challenged by any legal authority, Bettor Together reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner(s) of Bettor Together Fantasy Contests, Bettor Together is the sole judge and its actions are final and binding in its sole discretion.

Sport Statistics & Declaring Winners

All data found within Bettor Together is based on the data we receive from a 3rd party data provider, Sportsdata.io. We are not able to change or manipulate stats in any way. We settle contests typically 1 hour after, and no more than 24 hours after, the end of the sporting event(s) associated with the athletes involved. Upon getting the “final box score” and settled statistics. Bettor Together finalizes contests. In the event of statistical corrections transpiring after we have settled a contest, Bettor Together withholds the right to re-run and reverse winning(s) and/or leave results alone as settled where we may consider the results those that were settled at the time. In some scenarios, Bettor Together may also elect to compensate people who would have won had it not been for a stat problem as we see fit. These extremely rare situations are handled on a case-by-case basis by our service team.

15. Notification

Winners are generally posted on the Site after the conclusion of each Fantasy Contest by 1 PM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.

16. Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Bettor Together. By way of example, and not as a limitation, you agree not to:

Violation of our rules may result in the removal of your Content from the Services, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that Bettor Together may remove any User Content (as defined below) and terminate any Bettor Together account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content).

To report Terms of Use violations, please contact us by sending an email to info@bettortogether.co

17. User Content

The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as profile information, communications with other users, whether privately or made publicly available, video clips, photographs, public messages, ideas, comments and other content (collectively, "User Content") that may or may not be viewable by other users. You understand that all User Content, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights. This means that you, not Bettor Together, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Services. Under no circumstances will Bettor Together be liable in any way for any User Content.

You acknowledge that Bettor Together may or may not pre-screen User Content, but that Bettor Together and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Services. Without limiting the foregoing, Bettor Together and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Bettor Togethers’ sole discretion. You understand that by using the Services, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Services.

With respect to User Content you submit or otherwise make available on or to the Services, you grant Bettor Together an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Services. Bettor Together reserves the right, but has no obligation, to monitor disputes between you and other users.

You acknowledge and agree that Bettor Together does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. You also acknowledge that Bettor Together is a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. Bettor Together expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services.

18. Indemnification

You agree to release and to indemnify, defend and hold harmless Bettor Together and its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising out of or resulting from your use of the Services, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Bettor Together reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Bettor Together in the defense of such matter.

19. Warranty Disclaimers

You expressly understand and agree that your use of the Services is at your sole risk. THE SERVICES (INCLUDING THE SITE, ITS RELATED MOBILE APPS AND THE CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE. You acknowledge that Bettor Together has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Bettor Together from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Bettor Together makes no representations concerning any Content contained in or accessed through the Services, and Bettor Together will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Bettor Together makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law. Exception: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BETTOR TOGETHER’S WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

20. Limitation on Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BETTOR TOGETHER NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICE, LOST OPPORTUNITY, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF BETTOR TOGETHER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING, DIRECTLY OR INDIRECTLY, FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE FANTASY CONTESTS OR PUBLIC MARKETPLACE TRANSACTIONS); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETTOR TOGETHER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BETTOR TOGETHER FOR GENERAL USE OF THE SITE OR SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR FANTASY CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF BETTOR TOGETHER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE ABOVE LIMITATIONS SPECIFICALLY DO APPLY TO YOU.

21. Our Proprietary Rights

All title, ownership and intellectual property rights in and to the Services are owned by Bettor Together or its licensors. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Bettor Together, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Services, in whole or in part.

22. Location and Push Notifications and Other Technologies

To determine your eligibility to use the Services, Bettor Together may determine your location using one or more reference points, such as GPS, IP address, Beacons and/or software within your personal computer, mobile device, consumer electronics device, video game device or console, or any other equipment. If you have set your device(s) to disable GPS, Bluetooth or other location determining software, use connection methods or systems that mask your location, such a virtual private network, or do not authorize the Services to access your location data, the Services may not be able to determine your location and you will not be able to access the Services. Bettor Together reserves the right to suspend and/or terminate your account if you prevent the Services from accurately determining your location. For more information about how the Services collects, uses and retains your information, please read the Bettor Together Privacy Policy.

The Services also may make use of push notifications to devices that support the transmission of such notifications or alerts. Push notifications are used to send notification messages to you regarding offers, products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading the Services, you may be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from this Services, you may opt out by changing your notification settings on your device or, if applicable, through the push notification service. For mobile devices, the device manufacturer, not Bettor Together, controls these notification settings.

23. Links

The Services provide, or third parties may provide, links to other Web sites, applications or resources. Because Bettor Together has no control over such sites, applications and resources, you acknowledge and agree that Bettor Together is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bettor Together shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

24. Termination and Suspension

Bettor Together reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services or associated services (or any part thereof), with or without notice. You agree that Bettor Together shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or associated services.

We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a contest or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES

If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Bettor Together regarding restoration of your account only via info@bettortogether.co

Bettor Together may terminate or suspend all or part of the Services and your Bettor Together account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Bettor Together account, you may contact us at info@bettortogether.co with a note to say you wish to terminate your account.

25. Choice of Law; Venue

This Agreement shall be governed by and construed in accordance with the laws Michigan (excluding its conflict of laws principles) and you expressly agrees that exclusive jurisdiction for any claim or dispute with Bettor Together relating in any way to the Service and its related content and further agrees and expressly consents to the exercise of personal jurisdiction in the federal or state courts of Detroit, Wayne County, Michigan in connection with any such dispute or claim. This Agreement (including the Bettor Together Privacy Policy) contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. If, for any reason, any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of the Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law.

26. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

27. Application License

Subject to your compliance with these Terms, Bettor Together grants you a limited non-exclusive, non-transferable license to download and install a copy of Bettor Together’ mobile app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Bettor Together reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.

If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Services malfunctions.

28. Additional Terms for iOS app

You acknowledge and agree that (i) these Terms are binding between you and Bettor Together only, and Apple is not a party hereto, and (ii) as between Bettor Together and Apple, it is Bettor Together that is responsible for the mobile app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Bettor Together, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bettor Together’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Bettor Together’ liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

29. Age Restriction

Fantasy Contests are generally restricted to users over the age of 18, but some states impose a higher minimum age. If you are under 18 or the minimum age in your state of residence, you may not access the Services.

30. General Information 

These Terms (and any additional terms, rules and conditions of participation in particular Fantasy Contests that Bettor Together may post on the Services) constitute the entire agreement between you and Bettor Together with respect to the Services and supersedes any prior agreements, oral or written, between you and Bettor Together. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular Fantasy Contests, the latter will prevail over the Terms to the extent of the conflict.

Waiver and Severability of Terms

The failure of Bettor Together to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations

You and Bettor Together agree that any claims or lawsuits, regardless of form, arising out of or related to the Site (including Services) or these Terms of Use or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

Communication

Users with questions, complaints or claims with respect to the Services may contact us using the relevant contact information set forth above.

Account Inactivity Fee

If your Bettor Together account has no activity for twenty-four (24) months, it will be considered inactive. Bettor Together will assess fee of $5.00 per month on all inactive accounts until the account is reactivated by entering a contest, making a deposit, or withdrawing funds. Bettor Together will provide all users subject to an inactivity fee with at least thirty (30) days notice prior to deducting any fees.

If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Bettor Together is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Bettor Together may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency.

Thank you for being Bettor Together!