Terms of Use

Last Updated: August 30, 2024

1.1. The AgreementThese Terms of Service apply to our provision and your use of our Platform (as defined below). These Terms of Service form an agreement between you and Betsperts.

THESE TERMS CONTAIN IMPORTANT PROVISIONS FOR AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION (SECTION 3.3) AND RESOLVING DISPUTES THROUGH MANDATORY ARBITRATION AND A CLASS WAIVER (SECTION 9). BY ACCEPTING THESE TERMS, SUCH AS BY CLICKING A BOX INDICATING ACCEPTANCE OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.

Betsperts enables you and other users to interact and communicate with other users. The terms “Betsperts,” “we,” “us,” and “our” include Betsperts, Inc. and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Betsperts, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our usage and content policies, payment policies, and trademark usage guidelines. Your use of the Platform signifies that you agree to this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.

1.2. Revisions to this Agreement.We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to Section 3.3 (Automatic Subscription Renewals) or any other Section of this Agreement as determined by Betsperts in our sole discretion, we will provide additional notice to you by sending you an email. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement.

2.1. Eligibility.Generally, our Platform is available to anyone who is at least 13 years old; provided, that anyone who is under 18 years old must have parental consent to use the Platform. You must be at least 18 years old to use certain features of the Platform, including to register and claim prizes made available on the Platform.

2.2. Suspension of Your AccountWe may modify, suspend or terminate your account or access to the Platform in our sole discretion. For example, we may modify, suspend or terminate you access to any or all parts of the Platform if we determine that (i) you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, (ii) it is in the best interest of the Betsperts users, or (iii) to protect our brand or Platform. We also may remove accounts of users who are inactive for an extended period of time after providing thirty (30) days prior notice pursuant to Section 11.1.

2.3. Account Information and Security.When you create an account with Betsperts, you provide us with some basic information (“Account Information”), including your name, an email address and a password. In consideration of your use of the Platform, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision and/or registration for the Platform, subject to all applicable laws. When you register for the Platform, you are limited to 1 username or email address per person. Keep your Account Information current and accurate because we use it to contact you regarding the Platform. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password, notify us immediately.

3.1. Fees Charged by Betsperts.Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice by sending you an email. You agree to pay those fees and any associated taxes for the subsequent term for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes.

3.2. Payments to Betsperts.If you purchase access to paid features on our Platform, including any Subscription, you are responsible for paying Subscription and any other applicable fees to Betsperts on time and through our approved payment methods. Users who allow their Subscription to lapse are subject to removal. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any fees paid to Betsperts. You may only pay fees to Betsperts using a valid payment method acceptable to us, as specified via the Platform. In the event that you make payment via a credit card, you represent and warrant that (i) you are authorized to use such payment method; and (ii) you authorize us (and our designated third-party payment providers) to charge your designated payment method for the total amount of any fees you owe to Betsperts, including any applicable taxes and other charges. If the credit card payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. If your payment cannot be completed, we may suspend your access to the Platform until payment is received. We reserve the right to correct, or to instruct our payment providers to correct, any errors or mistakes, even if payment has already been requested or received. We also may issue refunds, or instruct our payment providers to issue refunds, in accordance with our payment policies.

3.3. Automatic Subscription Renewals.Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis as set forth on the ordering document (including, for the avoidance of doubt, any online registration or sign-up page on the Platform on which you purchased a Subscription or purchase of products or services on our Platform) (the “Order”).

If you have any questions about automatic renewal or cancellation, please email us at contact@betspertsgroup.com. These Terms of Service do not override any mandatory local laws regarding your cancellation rights.

3.4 Free Trials. We may offer free trials of Subscriptions and other products on our Platform. Free trials of a Subscription will automatically renew for a paid Subscription at the then-current rate unless you cancel as set forth in this Section. We will inform you at least 15 days prior to the end of your free trial via email of the start date of your paid Subscription period and the date and amount of your first payment. If you do not wish to continue with a paid Subscription after the end of your free trial, you must notify us by cancelling your Subscription in your online account on the Platform no later than the last day of the free trial period. Otherwise, after your free trial ends, your paid Subscription will begin, and we will automatically bill you at the then-current rate for each Renewal Period until cancellation. You can cancel automatic renewals of Subscriptions at any time according to the terms and procedures described above. You should save a copy of anything important before cancelling your account. If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Platform or request cancellation of your account. Any information retained by us will be done in accordance with our Privacy Policy and Section 4.4 below.

3.5 Third Party Transactions. If you give consent in writing to disclose your information to third parties, you may receive offers from third parties, such as discounts, sponsorships, or other benefits. Betsperts is not involved in any dealings or payments between you and third parties, and these Terms of Service do not govern such transactions. References to, or descriptions or images of, products or services (or related coupons and discounts) on or through the Platform are not endorsements of such products or services and such products or services may be available by third parties. Betsperts may be paid affiliate commissions on based on referrals of users to third parties.

4.1 Content.You are solely responsible for your Content, including the accuracy of your Content. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any of your Content. We use the word “Content” to mean any information, material, or other content posted to our Platform or otherwise provided to us, other than your Account Information. You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights), this Agreement (including our usage and content policies and intellectual property policies), or our trademark usage guidelines.

4.2 Content License from You.We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Betsperts and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Betsperts a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable, transferable, irrevocable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, distribute, and create derivative works of your Content in order to provide the content and services made available on the Platform (the “Offered Services”). You agree that Betsperts has the right to remove, edit, and move your Content on the Platform in its sole discretion. Additionally, you acknowledge and agree that we may preserve your Content and may also disclose your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of our Platform, our users, and the public.

4.3 Aggregated Data.We reserve the right to utilize Content you provide through the Platform in aggregate to analyze service trends, monitor service efficiencies, and perform such other analysis as Betsperts deems appropriate. You agree that we may obtain and aggregate technical and other data through your use of the Platform that is non-personally identifiable (“Aggregated Anonymous Data”), and we may use the Aggregated Anonymous Data to analyze, improve, support anwithout limitation to generate industry trends, market reports, benchmarks, best practice guidance, recommendations or similar reports. For your peace of mind, we don’t have the right to identify you in any Aggregated Anonymous Data.

4.4 Privacy.Betsperts collects registration and other information about you through our Platform. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as other users of Betsperts’s Platform. In the event of a conflict between the terms of this Agreement and the Privacy Policy, the terms of this Agreement shall control.

4.5 Feedback.We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. By providing us with any suggestions, comments, or other feedback with respect to the Platform, you grant us a royalty-free, worldwide, perpetual, irrevocable, fully transferable and sublicensable right and license to use, disclose, reproduce, modify, create derivative works from, distribute, display and otherwise distribute and exploit any such suggestions, comments, or other feedback

5.1. Our Policies, Guidelines and Applicable Laws.Subject to your compliance with these Terms of Service, Betsperts grants you a limited, non-exclusive, non-transferable license to access and use the Platform and the services and content made available thereon solely for your own personal use. When you use our Platform, we require that you follow the usage and content policies and trademark usage guidelines. Please confirm the gambling regulations in your jurisdiction as they vary from state to state, province to province and country to country. Use of this information in contravention of any law is prohibited. You agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Platform, in our sole discretion.

5.2. Mobile Software.This Section 5.2 applies to any mobile application (“App”) that we offer in connection with the Platform. Subject to your compliance with these Terms of Service, Betsperts grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a device that you exclusively control and to run such copy of the App solely for your own personal use. Betsperts reserves all rights in and to the app not expressly granted to you under these Terms of Service. 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 App Store. 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 service malfunctions.

5.3. User Conduct.You agree that in connection with your use of the Platform, you will not: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, contains homophobic, racial or ethnic slurs or insults or religious intolerance, or is otherwise objectionable; (ii) harm or attempt to harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party; (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (vii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services and/or the Content; (ix) bypass any measures we may use to prevent or restrict access to the Platform; (x) sell or otherwise transfer your account or Subscription to the Platform; (xi) unfairly insult, attack, deride, or threaten players, managers, coaches, executives or other persons affiliated with the sports we cover (i.e., name-calling, personal insults, threatening comments, aggressive language, etc. – this is not designed to stamp out reasoned or fair/thoughtful criticism); (xii) engage in behavior that is not in the best interest of facilitating enjoyable, productive discussion, such as posting disruptive comments or comments designed to annoy, irritate, or otherwise inflame the passions of other users or similar persistent, harmful, or otherwise unkind behavior; (xiii) intentionally or unintentionally violate any applicable local, state, national or international law; or (xiv) reproduce, republish, download, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Platform or content made available thereon, in whole or in part.

5.4. VotingCertain features of the Platform may offer you the opportunity to vote in connection with certain events. By casting your vote, you are agreeing to abide by these Terms of Service and any and all voting guidelines posted on the Platform.

5.5. Content of Others.Betsperts does not control the Content of other users. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other users. Any Content transmitted through or posted publicly on our Platform is not representative of our opinions.

5.6. Interactions with Others.Betsperts is not a party to any arrangements made through our Platform. Betsperts does not conduct or require background checks on users and does not attempt to verify the truth or accuracy of statements made by users. Betsperts makes no representations or warranties concerning the conduct or Content of any users or their interactions with you. Certain portions of the Platform allow users to send and receive messages and images publicly and in discussion forums, such as league chats. You represent and warrant that each person you add to a discussion forum has consented to be added to such forum and to receive administrative messages from Betsperts and messages from you and anyone else in the forum.

5.7. No Resale.Our Platform contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others.

5.8. No Technical Interference with the Platform.You agree that you will not knowingly engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.

5.9. Platform Modifications.We work hard to continuously improve our Platform. This means that we may modify, update, delete or discontinue portions or all of our Platform with or without notice and without liability to you or any third party in our sole discretion.

5.10. Third Party Sites, Services, and Content.The Platform contains links to third party sites, and is integrated with various third-party services, applications and sites that may make available to you their content and products according to your account settings and subject to confidentiality obligations. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. Betsperts is not responsible for the content of linked third party sites or third-party advertisements and does not make any representations or warranties regarding the content or accuracy of any such content. Betsperts is not affiliated with the National Football League (NFL) or the NFL Players Association, nor any other sport association or collegiate institution. The team names, logos, and uniform designs are trademarks of the NFL or other league and/or teams indicated.

5.11. Advertising.Betperts is affiliated with certain third parties for the purposes of placing advertising on the Platform or portions thereof, and these parties will collect and use certain data for advertising purposes. These third parties may have their own terms and policies governing their use of data, including data obtained from the Platform

As of the date these Terms of Service were last updated, these third parties include Freestar and Applovin. Freestar’s privacy policy is located at: https://freestar.com/privacy-policy/ (or successor URL). Applovin’s privacy policy is located at: https://www.applovin.com/privacy/ (or successor URL).

5.12. Linking to the Website, Electronic Communication, and Social Media Features.You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. Our Platform may provide certain electronic communication and social media features that enable you to:

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features, if any, and any links at any time without notice in our discretion

5.13. Geographic Restrictions.The owner of the Platform is based in the United States. We currently provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible, appropriate, or lawful for use or access outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By sending providing your Content or other data, you consent to its transfer to and storage within the United States.

Except as otherwise set forth herein, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “Betsperts Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other users, or in connection with a Betsperts event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

You agree to indemnify, defend and hold all Betsperts Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Betsperts event (including online hosted events) that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Betsperts Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, reasonable attorneys’ fees). You agree not to settle any Claim without our prior written consent, which shall not be unreasonably withheld.

Betsperts shall defend you against any Claim made or brought against you by a third party alleging that the use of the Offered Services or the Platform as permitted by this Agreement infringes or misappropriates the intellectual property rights of that third party, and shall indemnify you for any damages awarded against you, including reasonable attorney’s fees incurred by you in connection with any such Claim; provided that you (i) promptly give Betsperts written notice of the Claim, and (ii) provide to Betsperts all reasonable assistance, at Betsperts’s sole cost and expense. Betsperts may settle any Claim without your prior written consent so long as you are unconditionally released of all liability associated with the use of the Offered Services or the Platform as permitted in this Agreement.

The Parties respective rights and obligations pursuant to this Section 7 shall survive any termination of this Agreement.

8.1. Warranty Disclaimer.It is your sole responsibility to determine whether the Platform meets your needs and expectations. By using the Platform, you understand and agree that the use is at your own risk and you assume all risks. You understand and agree that predictions and forecasts contained within the Platform are not guarantees of future results and past predictions of any kind cannot guarantee future performance.

THE PLATFORM IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND BETSPERTS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE, BETSPERTS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE OFFERED PLATFORM. WITHOUT LIMITING THE FOREGOING, BETSPERTS SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE OFFERED PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) REGARDING CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, OR RELIABILITY OF THE INFORMATION CONTAINED ON BETSPERTS WEB SITES, (C) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, AND (D) THAT ANY ERRORS IN THE SOFTWARE OPERATING ON THE PLATFORM WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM 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 OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you. In that case, these Terms of Service only limit our responsibilities to the maximum extent permissible in your jurisdiction.

You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Service, and the Platform would not be provided to you absent such limitations.

8.2. Limitation of Liability.Except for claims brought pursuant to Sections 4.4 and 7 above, willful misconduct or gross negligence, you agree that in no event will Betsperts be liable for (i) any indirect, special, punitive, incidental or consequential damages of any character arising out of or in relation to the Platform, this Agreement, even if Betsperts has been advised of the possibility of such damages, or (ii) any claim or damages attributable to errors, omissions or other inaccuracies in the Platform or the information, lists, or links provided in the Offered Services or through the Platform. Betsperts’ sole obligation, and your exclusive remedy, for any action or claim by Betsperts under this Agreement shall be limited to your termination of this Agreement and your use of the Platform and, if applicable, your Subscription to the Platform. Except for the indemnity expressly provided for by this Agreement and willful misconduct or gross negligence, in no event will Betsperts’ aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, exceed the greater of (a) the prior term’s fees paid by you for the use of the Offered Services and the Platform, if any, and (b) one hundred dollars ($100).

9.1. Informal ResolutionBefore making any claim, you and Betsperts agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Betsperts events. You or Betsperts may initiate this process by sending written notice in accordance with Section 11.1 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days of receipt of the initial notice, you or Betsperts may bring a claim in accordance with Section 9.2.

9.2. Arbitration Agreement.Except as set forth in Section 9.5, the Parties agree to submit any claim to JAMS, Inc., or its successor, (“JAMS”) for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Betsperts are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Betsperts.

9.3. Arbitration Time for Filing.Any claim subject to arbitration must be filed within one year after the date the Party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.

9.4. Arbitration Procedures.Either Party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other Party according to the notice procedures in Section 11.1. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) in effect as of the demand for arbitration. The Parties agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in in Fulton County, Georgia, or elsewhere as required by JAMS Rules. The Parties’ responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The Parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees and expenses, including reasonable attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

9.5. Exceptions.You or Betsperts may assert claims, if they qualify, in small claims court in Fulton County, Georgia. You or Betsperts may seek injunctive relief from a court of competent jurisdiction in Fulton County, Georgia as necessary to protect the intellectual property rights of you or Betsperts pending the completion of arbitration. Betsperts may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Platform operations, or unauthorized use of our Platform or intellectual property. Nothing in this Section 9 shall diminish Betsperts’s right to modify, suspend or terminate your account or access to our Platform under Section 2.2.

9.6. Arbitration Opt Out.You may decline to resolve disputes through arbitration by emailing us at contact@betspertsgroup.com within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Betsperts account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Sections 9.2, 9.3, and 9.4 of this Agreement do not apply to you. This opt-out does not affect any other sections of this Agreement.

9.7. Class Action Waiver.You agree to resolve disputes with Betsperts on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.

10.1. Intellectual Property of Each Party.We and our affiliates own all rights, title, and interest in and to the Platform and all our respective pre-existing intellectual property, including but not limited to all proprietary methodologies, tools, software and generalized features of structure, sequence and organization of any software, interfaces and screen designs, documentation, know-how, trade secrets, inventions, or works of authorship, which are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. Any unauthorized use of the Platform terminates the permission or license granted by Betsperts. Your trademarks, logos, service marks and service names are your intellectual property.

10.2. Intellectual Property of Others.Betsperts respects the intellectual property of others, and we expect our users to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact us in accordance with Section 11.1.

10.3. Copyright Policy.We have adopted a copyright policy consistent with the Digital Millennium Copyright Act to block access to or remove content that we believe in good faith to be infringing based on a bona fide notification that complies with the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Betsperts that your copyrighted material has been infringed.

Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Betsperts, Inc.

304 Aurora Ave.

Woodstock, GA 30188

Email: contact@betspertsgroup.com

Attn: Legal / Copyright

Note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that content or activity is infringing. If you are unclear whether the content at issue is infringing, you should consider contacting an attorney.

11.1. Notices; Electronic Communications.When you visit the Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice to you shall be given to the most current email address in your account. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to:

11.2. Entire Agreement.This Agreement constitutes the entire agreement between you and Betsperts, superseding any prior agreements between you and Betsperts on such subject matter.

11.3. No Agency.No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Betsperts is intended or created by this Agreement. A user of the Betsperts Platform is not Betsperts’s representative or agent and may not enter into an agreement on Betsperts’s behalf.

11.4. Governing Law.This Agreement and the relationship between you and Betsperts shall be governed by the laws of the state of Georgia without regard to its conflict of laws provisions, except as set forth in Section 9.

11.5. Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 9.6, you and Betsperts agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in Fulton County, Georgia, and you and Betsperts agree to venue and personal jurisdiction in those courts.

11.6. Time for Filing.Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.

11.7. Assignment.Neither Party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld). Notwithstanding the foregoing, either Party may assign this Agreement in its entirety, without consent of the other Party, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other Party. Subject to the terms specified herein, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.

11.8. No Waiver.A Party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

11.9. Severance.If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Betsperts nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

11.10. Termination.If we terminate your account or access to our Platform, this Agreement terminates with respect to the user account that has been terminated. Either Party may terminate this Agreement for cause (i) upon thirty (30) days written notice to the other Party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period, or (ii) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In addition, a Party may immediately and without notice terminate this Agreement for cause upon the material breach of this Agreement by the other Party if such breach is incurable. However, certain provisions of this Agreement that by their nature survive termination shall survive termination, including those terms listed below in Section 11.11 (Survival).

11.11. Survival.Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Aggregated Data), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), 10 (Intellectual Property), 11 (Miscellaneous) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.

11.12. Titles.The section titles in this Agreement are for convenience only and have no legal or contractual effect. The information in the “Terms of Service Overview” section, and in the “Tips” and “Summary” sections is also for convenience only and has no legal or contractual effect.

11.13. Violations.Please report any violations of this Agreement by a user or third party by sending an email to contact@betspertsgroup.com.