Terms & Conditions
Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING BET ON COMBAT SITE OR ANY PAY SERVICES.
Last updated on January 15, 2016
1. Acceptance of Terms and Conditions of Use
By using this Website, creating an account and or becoming a member, You accept and agree to all terms, conditions and notices contained here in the Website’s (“Terms and Conditions of Use”). Please read the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading content here in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
Bet on Combat reserves the right to change the Terms and Conditions of Use at any time, without prior notice to any Website visitor (“User” or “You”). For this reason, Bet on Combat™ encourage you to review these Terms and Conditions of Use whenever You use our Website. If You breach any of the Terms and Conditions of Use, Your authorization to use this Website may be automatically terminated.
For Eligibility to register and create an authorized account (“Account”) here on the Bet on Combat website, You must be at least twenty one (21) years of age or older, and may not be a firm, business entity or institution. By using this Website and or Services, You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions of Use. BetonCombat.com/Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of BetonCombat.com/Provider and their parent, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of BetonCombat.com/Provider are NOT eligible to use or create an Account on the Website.
3. Local Laws, Service Not Available in Some States
You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which You reside and/or from which You access the Website and the Service. Access to the Website may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is Your responsibility to determine the law that applies in the applicable Jurisdiction and Provider does not make any representation or warranty, express or implied, as to the lawfulness of Your participation in or use of Service on this Website are appropriate for use in Your Jurisdiction. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in the Service offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions of Use, and subject to having Your account suspended or terminated.
4. Account Responsibility
A. Account Responsibility
When you create Your Account, You represent that You are at least twenty-one (21) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under Your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges).
B. Secrecy Obligation
Once You have selected or been allocated a unique username and password (“Identifiers”) for Your Account, it is Your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Provider by sending an email to email@example.com, where upon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider. Without limiting the foregoing, any transactions made and accepted on the Website where Your Identifiers have been used (and where You have not previously notified Provider as provided herein) will be treated as valid.
C. No Transfer.
Only one Account is allowed per person. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to use the Service in Your applicable Jurisdiction, and in no event any person under the age of thirteen years, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
To promote transparency, users to any of our subscriptions services, are required to verify their bets via our bookmakers connect or show screen shots of bets or we will remove their predictions and user profiles. We reserve the right to remove all content from users who do not abide by our site terms and our terms may change at any time.
A. Price and Payment
Our Service includes premium content and subscription-based services. You are responsible for paying all fees and charges (in U.S. dollars, plus applicable taxes) associated with the use of the Service under Your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. You agree that any purchases made by You via credit card are specifically authorized to be charged to the credit card given by You at the time of purchase. For any questions regarding billing information or charges to Your Account please contact or email firstname.lastname@example.org. You agree to inform us of any credit card information changes, including expiration date. Purchaser acknowledges that they are the legal credit card or Paypal account holder and are authorized to use the credit card of Paypal account for such purchase. Unauthorized credit card or Paypal users will be prosecuted to the maximum extent of the law.
B. Automatic Renewal of Subscription
When you subscribe for any service (e.g. a subscription) your service will be set to automatically renew upon its expiration. This means that unless you cancel your service at least prior to its expiration, your account will automatically renew for the same term. At the time of renewal, we will charge your credit card, or invoice you, the then-current fees to renew the service.
C. Changes in Price
We may, at any time, change the price of any service, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
7. Refund Policy
Because premium members immediately benefit from the knowledge premium newsletter content they purchase, we do not give refunds. Once a product has been delivered, there are no refunds. All purchases are final and Bet on Combat does not provide any refunds after purchase. Bet on Combat is not responsible for failure to provide predictions due to equipment, operator, network or any other equipment or operator malfunctions. In the event of such an occurrence, purchaser will receive selections for the following events at no additional charge.
Client and investor understands and agrees that there will be no refunds of any credit card payments or guarantees of any predicted outcomes, and that the consulting fees set forth herein have been fully earned upon receipt thereof. Should client decide to terminate this agreement prior to its contemplated completion, no refunds will be issued as the consulting fee was fully earned upon payment thereof. Any attempt by Client to dispute the credit card transaction or transactions shall entitle Bet on Combat to liquidated damages against Client.
8. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Service and the compilation of all content included on this Website are owned or licensed by Bet on Combat Provider and protected by international copyright laws. Copyright © 2015 Bet on Combat. All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Service subject to these Terms and Conditions of Use. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact Provider’s Designated Agent is: email@example.com
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
Provider owns trademarks and service marks for its many goods and services, including, without limitation, betoncombat.com, and associated graphics, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
The Bet on Combat logo, betoncombat.com, and all associated designs and logos are trademarks of Francombat Management, used under license by affiliates. All other product, brand and company names and logos used or mentioned on Bet on Combat Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on Bet on Combat Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
9. Privacy and Protection of Personal Information.
10. Disclaimer of Warranties and Limitation of Liability.
User expressly agrees that use of the Website and Service is at User’s sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Provider spokesperson. Advertisers, content providers, User, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification. Past performance is not a guarantee of future results. We are not liable for any losses that incurred as a result of the information purchased through this website. This is not a betting site. Information and recommendations made are for entertainment and informational purposes only. This information is not intended to violate any local, state, or federal laws. Past performance does not guarantee future results. Please wager only after conducting your own research. Any reliance on such information and recommendations is at the sole discretion and risk of the subscriber.
A. Disclaimer of Warranties.
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.PROVIDER AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING EMAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS WEBSITE.
11. Third Party Links.
The sites listed on these pages may pay a fee to be listed. This site accepts limited advertising that can qualify and meet the very high standards that have been established by the site operators.
We use third-party advertising companies to serve ads and collect information when users visit our site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements on our site, other websites and other forms of media about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, check out http://www.networkadvertising.org/managing/opt_out.asp
13. Online Conduct.
User agrees to use the Website and the Services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Remote Access Trojans (RATs), keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use, the Service offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, User will be subject to suspension or termination of User’s access to the Website and/or Service, and Provider reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.
These Terms and Conditions of Use are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User’s access to the Website may be terminated immediately without notice from Provider if in our sole discretion User fails to comply with any term or provision of these Terms and Conditions of Use. You may cancel renewal of any service (e.g. a subscription) for any reason, however (i) there are no pro-rated periods and (ii) any fees paid by you prior to your termination are nonrefundable, including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges. You understand and agree that we may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property. In addition, we reserves the right to cancel your Subscription at any time. If we cancel your Subscription due to a breach of the TOU you will not be eligible for any refund.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including email address, credit card number, and other payment related information. In addition, You are responsible for maintaining the confidentiality of Your Provider account (“Account”) and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify Provider of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
We uses Secure Socket Layer (SSL) encryption technology in order to provide a secure environment for all transactions and to protect certain information that you submit from loss, misuse and alteration while under our control. This type of technology also protects you from having your information intercepted by anyone other than Bet on Combat while it is being transmitted to us. We work hard to ensure that our Site is secure and that meet general industry standards. We also use other safeguards such as firewalls, authentication systems (e.g., passwords and personal identification numbers), and access control mechanisms to control unauthorized access to systems and data. We maintain physical, electronic and procedural safeguards to maintain the confidentiality of your information.
To preserve privacy and confidentiality, your login information is transmitted in an encrypted format through a multi-factor authentication process. If you circumvent such authentication and/or log-in process in any manner, you agree that you are liable for any and all subsequent security breaches involving your account(s). We try very hard to protect our users' information. If you have any questions about the security at our website, please contact us. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information that we collect will never be disclosed in a manner that is inconsistent with these TOU. You hereby acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party’s access and use of the Website or the Service with Your unique Identifiers, except where You have previously notified Provider that You believe such Identifiers are no longer secure and confidential, as specified in Section 4(A); (c) Your connection to any Provider site; (d) Your violation of these Terms and Conditions of Use; (e) Your violation of any sports betting regulations, edicts or laws to which You are subject; or (f) Your violation of any rights of a third party or service provider.
18. Applicable Law/Jurisdiction.
The failure of Provider to require or enforce strict performance by User of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
20. Statute of Limitations.
21. Consumer Notice.
This notice is to advise You that (a) this Website is a service provided by betoncombat.com, and that (b) the fees and charges for the Service vary depending on the particular features and services selected by the User. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to the Users of the Service. If You have a complaint regarding the Service or desire further information on use of the Service, contact via email at firstname.lastname@example.org.
22. Entire Agreement.
23. Non-Disclosure Agreement
You are purchasing pay-per-view combat sports analysis which is not subject to any return policy as all sales are final. The opinions expressed by the analyst(s) from whom you made the purchase(s) has no warranty and is not guaranteed in terms of any type of performance.
All information contained on or within this website and its affiliated emails and/or newsletters cannot be rebroadcast, reproduced, or retransmitted in whole or in part in any manner - either in print form or electronically via the Internet, including but not limited to other Internet sites, newsgroups, posting boards, message boards, and forums, etc., - without the written prior consent of this website.
Please note that all of our official selections (except for the Free Picks) are copyright protected and are for our paid members' personal use only. Members who post our official selections in public boards, forums, forward e-mails, or share in any other fashion will have their membership cancelled with no refund. We are a registered California Corporation and we will utilize the fullest extent of law to protect our and our members' interest. The only way we can continue to offer our current very affordable prices is for all of our members to honor their agreement of personal use of our picks, which is a condition of membership.
Unless otherwise indicated, this site and its contents (including, but not limited to, all text, photographs, images, video, and audio) are the exclusive property of Francombat Management and are protected by copyright, trademark, and other laws.
You may download or copy text, photographs, images, video, and audio contained in this site and in emails sent from Bet on Combat for your personal use only. No right, title or interest in any downloaded or copied material is conveyed to you as a result of any such downloading or copying, and such downloaded or copied material may not be used for any commercial purpose. Except as may be permitted under the Copyright Act of 1976, you may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, sell, or otherwise exploit this site or any of its contents without our prior written permission.
You may not, under any circumstances, reproduce materials in print or verbal form or reproduce on the Internet without express written permission from Bet on Combat. Doing so will result in being banned from the site and losing any subscription privileges without refund.
24. Business Transfers
We may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
25. Disclaimer / Terms of Services
The content on this website is for informational and educational purposes only and is not and should not be construed as professional financial, investment, tax, or legal advice. Betting on combat sports, have large potential rewards but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in these products. Do not bet with money that you cannot afford to lose. The past performance of any betting system, methodology, or particular bet is not indicative of future results. All content is provided subject to the qualifications and limitations stated in our Terms of Service. By clicking Enter, you agree that you have read, understand, and agree to be bound by our Terms of Service.
26. Gamblers Anonymous.
Visitors, please take note: Do not access the information contained in these pages if you feel you might have a problem with gambling. Instead, please check out one of the help resources listed below. Gambling addiction can seriously diminish the quality of your life, and the lives of those around you. Please note that statistics conclusively prove that nearly all gamblers will end up losing money in the long-term. If you think you may have a gambling problem, please visit Gamblers Anonymous here.
Please contact us with any questions at email@example.com or call toll-free at (514) 705-3366.
Date last modified: January 15th, 2016.
Bet on Combat respects your rights to privacy.
Special note about children
This Site is targeted primarily for use by adults. We do not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any Personal Information from children under the age of 13 years. However, we hereby advise all visitors to our site under the age of 13 not to disclose or provide any Personal Information on our website. In the event that we discover that a child under the age of 13 has provided Personal Information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website atwww.ftc.gov/kidzprivacy for more information about this Act), we will delete the child’s Personal Information from our files to the extent technologically possible.
What personal information do we collect from you and why?
We collect and maintain a variety of Personal Information about you to enable us to provide you with the best service. “Personal Information” is information about you by which you may be identified. We currently collect Personal Information through email and the various online inquiry forms on the Site. The Personal Information we collect and maintain about you includes:
your name, your phone number and address (street and email)
We only collect Personal Information that you voluntarily provide to us or voluntarily provide to our Partners (defined below) who share that information with us. We also use your Personal Information for other things that may include, but are not limited to, the following:
We use your Personal Information to communicate with you in the event we have any questions with regard to your online inquiry. [We may also contact you to tell you about products and services provided by our Partners, other affiliates and other third-party organizations.].
Each time you interact with our Site, the details of your interaction are collected and retained.
We intend to retain any correspondence, including facsimiles, mail and emails, set to us. We also may retain correspondence such as customer service emails from us to you. We may delete such records over time.
Use of IP Address
IP addresses are numbers that are automatically assigned to your computer, and, if associated with other individually identifiable information, could be considered personal information. Your user IP address information is used only for our internal tracking purposes.
What general information do we collect from you and why?
“General Information” is information about you or your activities on our Site that do not identify you personally. When you use the Internet, your web browser or software may communicate certain information to the host website you visit. This information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, you geographic location, and your movement and activity within a particular website. We collect the same information on our Site. We use this General Information to generate statistics about visitors to our Site.
How we use your information
Disclosure of information we collect
How we protect information we collect
We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. Although no computer system is completely secure, we believe the measures implemented on our Site reduce the likelihood of security problems to a level appropriate to the type of data involved.
How long we keep user information
We generally keep user data on our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, we may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it. In addition, information posted in a public forum could stay in the public domain indefinitely. Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.
Personal choice in the disclosure of your information
If you do not want us to share your Personal Information with our Partners for marketing purposes, or if you do not want to receive certain communications and offers from us you can “opt out” of such sharing, communications by contacting us at firstname.lastname@example.org
If you believe that any Personal Information collected by us about you is not correct or has changed, please send an email message to email@example.com explaining the correction or change and providing any relevant confirmation or reference number.
Authorized Affiliate and Advertising Policies
As part of our business model, we accept advertising and other forms of compensation. This does not influence the information in this site. We always give our honest opinions, findings, beliefs, or experiences. Any listings, if any, such as "Ads by Google" sections are not selected by us, they are automatically provided by the owners of those programs.
Please do support our sponsors and recommendations. It takes time and effort to deliver original content, free to you. Supporting our sponsors is a winning experience for you, us, and them.
This Member Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Service (as defined below) and is an agreement between Bet on Combat, LLC (“BOC,” “we,” “us,” or “our”) and you or the entity you represent (“you“). This Agreement takes effect when you sign a Challenge Student Order or, if earlier, when you use the Service (the “Effective Date“). You represent to us that you are lawfully able to enter into contracts (e.g., you are age of 18 or older). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 13 for definitions of certain capitalized terms used in this Agreement.
1. Use of the Service.
1.1 Generally. You may access and use the Service in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Service, including the Policies as defined in Section 13.
1.2 Your Account. To access the Service, you must create an account associated with a valid e-mail address. You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including a spouse) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 6.
1.3 Third Party Content. Third Party Content, such as newsletters, information provided by our affiliates or third parties, software applications or services provided by our affiliates or third parties, may be made available directly to you by other companies or individuals with or without separate terms and conditions or separate fees and charges. Because we may not have confirmed, screened or tested any Third Party Content, your use of any Third Party Content is at your sole risk.
We may change, discontinue, or deprecate any of the Service (including the Service as a whole) or change or remove features or functionality of the Service from time to time. We will notify you of any material change to or discontinuation of the Service.
3. Data Privacy.
4. Fees and Payment.
4.1 Payment. BOC will charge the subscription fee and any other additional fees or charges you authorize to the credit card provided by you.
4.2 Credit Card Authorization. By authorizing BOC to charge a credit card for the fees associated with your Service, you are authorizing BOC to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs BOC of the new replacement card account) for all fees or charges associated with your subscription to the Service including any renewal fees as described below. Credit cards that are declined for any reason are subject to a thirty-dollar ($30.00) declination fee. BOC may elect to interrupt Service for fees that reach ten (10) days past due. Service interrupted for nonpayment is subject to a twenty percent (20%) out of outstanding amount as a reconnection charge. Accounts not paid by due date are subject to a ten dollar ($10) late fee. Accounts that are not collectable by BOC may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay BOC a processing and collection fee the lesser of one hundred and fifty dollars ($150.00) or as allowed by applicable law.
4.3 Automatic Renewal of Subscription. When you subscribe to the Service your subscription will be set to automatically renew upon its expiration. This means that unless you cancel the Service by providing written notice at least thirty (30) days prior to its expiration, your Service will automatically renew for the same term. At the time of renewal, we will charge your credit card, or invoice you, the then-current fees to renew the Service.
4.4 Cancellations and Refunds. All fees and charges paid by you in relation to the Service are nonrefundable, except (i) you may cancel this Agreement at any time prior to midnight of the third business day as provided for in your Student Challenge Order or (ii) if we terminate this Agreement for convenience. Following cancellation, BOC reserves the right to (i) limit or restrict access to the Service and (ii) delete all Your Content.
4.5 Changes in Price. MML may, at any time, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during an existing subscription term for the Service will apply to subsequent subscription terms and to all new members after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
4.6 Taxes. Charges for Services hereunder do not include any federal, state, local or foreign taxes, duties or levies of any nature (“Taxes”). Any Taxes required to be paid by BOC as a result of the Service rendered hereunder (other than Taxes based on BOC’s income) shall be billed to and paid by you.
4.7 Fee Disputes. You agree that if there are problems or questions regarding the Service that you will contact MML for assistance and not dispute any charges from BOC unless you terminate for breach as provided in this Agreement. You agree to inform BOC of any credit card information changes, including expiration date. You represent and warrant that you are legally authorized to enter into Agreement including use of the credit associated with the account. You agree to provide BOC with at least thirty (30) days prior written notice to request termination of any recurring credit card authorization and transition to another form of billing.
5. Temporary Suspension.
5.1 Generally. We may suspend your right to access or use any portion or all of the Service immediately upon notice to you if we determine:
(a) your use of or registration for the Service (i) poses a security risk to the Service or any third party, (ii) may adversely impact the Service or the systems or Content of any other BOC customer, (iii) may subject us, our affiliates, or any third party to direct or indirect liability (e.g. breach of confidentiality or non-disparagement), or (iv) may be fraudulent;
(b) you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days; or
(c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any investigation by any agency on your trading or other securities related activities, bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
5.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Service:
(a) you remain responsible for all fees and charges you agreed to as of the Effective Date;
(b) you will not be entitled to any credit for any period of suspension; and
(c) we will not erase any of Your Content as a result of your suspension, except as specified elsewhere in this Agreement.
Our right to suspend your use the Service is in addition to our right to terminate this Agreement pursuant to Section 6.2.
6.1 Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 6.2.
(a) Termination for Convenience. You may terminate this Agreement for any reason by (i) providing us written notice and (ii) closing your account for which we provide you Service and for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you 30 days advance notice.
(b) Termination for Cause.
(i) By Either Party. Either party may terminate this Agreement for cause upon ten (10) days advance written notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 10 day notice period.
(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause, if any act or omission by you results in a suspension described in Section 6.1, (B) if our relationship with a third party partner who provides material elements we use to provide the Service expires, terminates or requires us to change the way we provide these elements as part of the Service, (C) if we believe providing the Service could create a substantial economic or technical burden or material security risk for us, (D) in order to comply with the law or requests of governmental entities, or (E) if we determine use of the Service by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
6.3 Effect of Termination.
Generally, upon any termination of this Agreement:
(a) all your rights under this Agreement immediately terminate;
(b) you remain responsible for all fees and charges pursuant to Section 4;
(c) you will immediately return or, if instructed by us, destroy all BOC Content in your possession; and
(d) Sections 4.1, 4.2, 4.6, 6.3, 7 (except the license granted to you in Section 7.4), 8, 9, 10, 11, 12, and 13 will continue to apply in accordance with their terms.
7. Proprietary Rights.
7.1 Your Content. You or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 7, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Service to you. We may disclose Your Content to provide the Service to you or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
7.2 Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Your Submissions; (b) you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content, Your Submissions of Your Content, Your Submissions or the Service will violate the Acceptable Use Policy.
7.3 Service License. As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Service. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement; and (ii) use the BOC Content solely in connection with your permitted use of the Services. Except as provided in this Section 7.3, you obtain no rights under this Agreement from us or our licensors to the Service, including any related intellectual property rights.
7.4 License Restrictions. You may not use the Service in any manner or for any purpose other than as expressly permitted by this Agreement. You may not, or may not attempt to: (a) modify, alter, tamper with, or otherwise create derivative works of any intellectual property included in the Service, (b) reverse engineer, disassemble, or decompile the Service, (c) access or use the Service in a way intended to avoid incurring fees,(d) resell or sublicense the Service, (e) copy the look-and-feel or functionality of the BOC Marks or BOC Site; (f) remove any BOC Marks without our prior written consent; (g) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Services for commercial purposes, or in a commercial manner; or (g) use our Service in any way that is not in compliance with all applicable laws, regulations and government authorizations, including but not limited to securities laws, export control, copyright, trademarks, secrecy, defamation, decency, and privacy related laws, regulations and authorizations. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service you have used.
7.5 Suggestions. If you provide any Suggestions to us or our affiliates, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.
8.1 General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of, relating to, or concerning: (a) your use of the Service; (b) breach of this Agreement or violation of applicable law by you; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and a third party. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
8.2 Process. We will promptly notify you of any claim subject to Section 8.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.
9.1 General. THE SERVICE IS PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
9.2 Financial and Other. NEITHER MML, INDIVIDUALLY, NOR ITS WEBSITES INCLUDING, BUT NOT LIMTED TO THE BOC SITE, NOR ANY OF ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, INDEPENDENT CONTRACTORS, OR SUBCONTRACTORS ARE, IN SUCH CAPACITIES, LICENSED FINANCIAL ADVISORS, REGISTERED INVESTMENT ADVISORS, OR REGISTERED BROKER-DEALERS UNLESS OTHERWISE EXPRESSLY PROVIDED.
MML MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE. NO INFORMATION PROVIDED BY MML, INCLUDING BUT NOT LIMITED TO TIMOTHY SYKES, IS INTENDED AS SECURITIES BROKERAGE, INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO SELL OR BUY, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY OR FUND OR AS ADVICE TAILORED TO YOUR OR ANY MEMBER’S PARTICULAR SITUATION. ANY URL LINKS OR COMPANY NAMES OR TICKER SYMBOLS ARE OFFERED AS A MATTER OF CONVENIENCE AND NOTHING CONTAINED IN THIS AGREEMENT OR IN THE SERVICE CONSTITUTES A SOLICITATION, RECOMMENDATION, PROMOTION, ENDORSEMENT, OR OFFER BY MML OF ANY PARTICULAR SECURITY, TRANSACTION, OR INVESTMENT.
BOC, INCLUDING BUT NOT LIMITED TO TIMOTHY SYKES AND AFFILIATES, MAY HAVE POSITIONS IN THE SECURITIES MENTIONED AND MAY ENTER AND EXIT SUCH POSITIONS AT ANY TIME AND FOR ANY REASON.
THE RISK OF LOSS IN TRADING SECURITIES, OPTIONS, FUTURES, FOREX, AND COMMODITIES CAN BE SUBSTANTIAL AND ARE NOT SUITABLE FOR ALL INVESTORS. YOU MUST CONSIDER ALL RELEVANT RISK FACTORS, INCLUDING YOUR OWN PERSONAL FINANCIAL SITUATION, BEFORE TRADING. YOU ASSUME THE RISK OF ANY AND ALL FINANCIAL INVESTMENTS YOU MAKE. MML IS NOT RESPONSIBLE FOR ANY FINANCIAL INVESTMENTS YOU MAKE.
RESULTS VARY AND PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS.
10. Limitations of Liability.
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF INVESTMENTS, PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE; OR (C) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
11. Confidentiality; Publicity; Non-Disparagement; Restrictions.
11.1 Confidentiality. You may use BOC Confidential Information only in connection with your use of the Service as permitted under this Agreement. You will not disclose BOC Confidential Information during the term or at any time during the five (5) year period following the end of the term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of BOC Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. The foregoing restrictions shall not apply to the extent you must defend yourself in an action related to this Agreement, or to respond to an investigation by a governmental agency initiated by that agency or to report any truthful incidents of illegal conduct directed at you to law enforcement.
11.2 Non-Disparagement. The parties agree that during the term of this Agreement and for a period of twenty-four (24) months immediately following expiration or termination for any reason, whether with or without cause, each shall not, not to (i) make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other or, as to BOC, its respective employees, officers, directors, managers, members and affiliates or with respect to you (ii) publish or attempt to publish any narrative, fictional or otherwise, concerning or based, in whole or in part, on BOC, without BOC’s prior written consent or without leave of court. Each party acknowledges and agrees that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), BOC Site users, clients or potential clients.
You will not:
(a) issue any written statements or communicate, directly or indirectly, in any mode or fashion, with any person, entity, organization, or agency regarding or concerning, including, without limitation, the use of anonymous email or other communications through a third party, with respect to this Agreement or your use of the Service including, but not limited to our proprietary methodology that underscores the Service. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, or endorse or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
(b) publish or attempt to publish on any website or to any third party any narrative, fictional or otherwise, concerning or based, in whole or in part, the Service or this Agreement without BOC’s prior written consent or without leave of court; or
(c) interfere with BOC’s (including its officers, managers, employees, and affiliates) personal or business relationships concerning the Service or this Agreement.
The Parties understand and agree that this Section 11 is a material provision of this Agreement and that any breach of this Section shall be a material breach of this Agreement, and that BOC would be irreparably harmed by any violation and that it would have no adequate remedy at law for such a violation. As such, you therefore consent to immediate injunctive relief by a court of competent jurisdiction as a remedy for any violation of these terms of the Agreement. You further acknowledge that any actions taken not in compliance with this Section are considered as purposefully directed at BOC and that any actions for alleged injuries arise out or relate to activities in connection violations of this Section.
12.1 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
12.2 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
12.3 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the BOC Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the BOC Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact BOC as follows: (i) by facsimile transmission to (866) 456-4207; or (ii) by personal delivery, overnight courier or registered or certified mail to Bet on Combat, LLC, 1335 N. La Brea, Suite 2168, Los Angeles, CA 90028. We may update the facsimile number or address for notices to us by posting a notice on the BOC Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
12.5 Assignment. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 12.5 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
12.6 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
12.7 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
12.8 Governing Law; Arbitration. The laws of the State of Florida, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Except as otherwise provided in this Agreement, any controversy between the parties arising out of this Agreement shall be submitted to the American Arbitration Association for arbitration in Miami, Florida. The costs of the arbitration, including any American Arbitration Association administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The rules for civil procedures in Florida shall apply. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party’s intellectual property or other proprietary rights.
12.9 Advice of Counsel. EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.
12.10 Entire Agreement; English Language. This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this Agreement will control.
“Acceptable Use Policy” means the policy currently available at http://www.betoncombat.com/terms-of-service, as we may update it from time to time.
“BOC Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. BOC Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs including, but not limited to our proprietary methodology providing information and education to you so that you may conduct your own investment research and consider your own investment decisions ; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. BOC Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; (iv) can be shown by documentation to have been independently developed by you without reference to the BOC Confidential Information; or (v) discloses your own trading activities but does not mention BOC’s proprietary methodology and other aspects of the Service.
“BOC Content” means Content we or any of its affiliates make available in connection with the Service or on the BOC Site to allow access to and use of the Service; Documentation; software libraries; command line tools; and other related technology. BOC Content does not include the Service.
“BOC Marks” means any trademarks, service marks, service or trade names, logos, and other designations of BOC and its affiliates that we may make available to you in connection with the Service or this Agreement.
“BOC Site” means http://www.betoncombat.com, and any successor or related site designated by us.
“Content” means software (including machine images), data, text, audio, video, images, DVDs or other content.
“Documentation” means the user guides and other written materials provided for in connection with the Service, as we may update from time to time.
“Policies” means the Acceptable Use Policy, the Site Terms, and all restrictions described in the BOC Content and on the BOC Site, and any other policy or terms referenced in or incorporated into this Agreement.
“Service” means each of the services made available by us or our affiliates, including any web services described in the Site Terms, the BOC Content, the BOC Marks, the BOC Site, and any other product or service provided by us under this Agreement. Service does not include Third Party Content.
“Suggestions” means all suggested improvements to the Service that you provide to us.
“Term” means the term of this Agreement described in Section 6.1.
“Third Party Content” means Content made available to you by any third party on the BOC Site or in conjunction with the Service.
“Your Content” means Content you (a) disclose, share, or upload on or to the Service, (b) cause to interface with the Services, or (c) upload to the Service under your account or otherwise transfer, process, use or store in connection with your account.
“Your Submissions” means Content that you post or otherwise submit to developer forums, sample code repositories, public data repositories, or similar community-focused areas of the BOC Site or the Service.