TERMS OF SERVICE
BettorsNation Last Updated: October 2018
ACCEPTANCE OF TERMS
Welcome to BettorsNation. The web pages available at www.bettorsnation.com, and all linked pages (“Site”), are owned and operated by E-Ratic Samurai, LLC., a Texas limited liability company (“BettorsNation,”, “BN”, “we,” or “us”), and is accessed by you under this Terms of Use agreement (“Terms of Use”).
Please read these terms of use carefully before using the Site. By accessing this Site or using any part of this Site or any content or services on this Site, you agree to become bound by these Terms of Use. If you do not agree to all these Terms of Use, then you may not access this Site or use the content or any services on this Site. We may amend this Agreement, in whole or in part, at any time, by posting the amended terms and conditions on the Website. You understand that your continued use of the Website after a change has been posted constitutes acceptance of the amended terms and conditions.
PERMITTED USE OF THE SERVICE
The Site, Service and Content are made available only for lawful entertainment purposes, as described in these Terms of Use, and are subject to all applicable laws. The Site, Service and Content may not be used in connection with or to promote unlawful conduct or gambling activity. If you are aware of or have reason to believe a BettorsNation user is using the Site, Service or Content to promote or engage in unlawful conduct or gambling activity, you shall notify BettorsNation immediately by contacting support@BettorsNation.com.
REGISTRATION
When registering an account, you provide BettorsNation an email address. We may use this email address to send you updates and promotional offers. You may opt out of receiving free content and promotional offers by emailing support@BettorsNation.com.
ELIGIBILITY
You may only use the Service if you are at least eighteen (18) years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. Any registration, use or access to the Service by anyone under eighteen (18) is a violation of these Terms of Use and is strictly prohibited. If you do not so qualify, do not attempt to register for or use the Service. The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.
COPYRIGHT AND TRADEMARKS
The content and all intellectual property pertaining the Site and Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by BettorsNation, and all right, title and interest therein and thereto shall remain the property of BettorsNation and/or such other third parties. The Site and Services may be used only for the purposes permitted by this Agreement or described on the Site. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the Site, Services or any portion thereof for any public or commercial use without the express written permission of BettorsNation. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Site (or printed pages thereof). The name BettorsNation and other names and indicia of ownership of BettorsNation products and/or services referenced on this site are the exclusive marks of BettorsNation. Other product, service and company names appearing on the site may be trademarks of their respective owners.
PRIVACY
Your privacy is important to BettorsNation.com and E-Ratic Samurai, LLC and its affiliates (“We”, “Us”, or “Our”). As a member or interested party who signs up to receive information from our services, paid or free, we will not and do not share any of your personal information with any third party.
All information is transmitted using SSL certificates with industry standard encryption methods. Information that we collect directly is stored using industry standard practices.
Individuals registering for Free picks will receive emails with the free picks and offers for additional services by BettorsNation.com. If you wish to opt out, please notify BettorsNation.com using the Contact Us page.
Paid content will be delivered to the members email and is available on the website using a log in and password. If you wish to opt out, please notify BettorsNation.com using the Contact Us page.
Please notify us if any sites linked on our page are misusing personal information.
INDEMNITY
You will indemnify, defend and hold harmless BettorsNation, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of these Terms of Use, or the infringement by you, or any third party using your account or BettorsNation User ID, of any intellectual property or other right of any person or entity.
WARRANTY DISCLAIMERS
THE SITE AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE WEBSITE AND SERVICES TO YOU “AS IS” AND “AS AVAILABLE.” BETTORSNATION AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BETTORSNATION AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH SERVICES ARE PROVIDED OR REQUESTED THROUGH THE WEBSITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE WEBSITE OR SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE WEBSITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE WEBSITE OR SERVICES.
BETTORSNATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BETTORSNATION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THIRD PARTY LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because BettorsNation has no control over such sites and resources, you acknowledge and agree that BettorsNation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BettorsNation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Use and our Privacy Pledge do not apply to your use of such sites. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL BETTORSNATION OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF BETTORSNATION OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
TERMINATION AND SURVIVAL OF RIGHTS AND OBLIGATIONS
BettorsNation may terminate or suspend the Service in whole or in part and/or your BettorsNation account immediately, at its sole discretion and without prior notice or liability, if you have used the Site, Service or Content for gambling purposes, in a manner that violates the rights of others, or have breached any of the terms of these Terms of Use.
If you wish to terminate your BettorsNation account, you may discontinue using the Service by sending an email message to support@BettorsNation.com. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
SEVERABILITY
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable.
ASSIGNMENT
The Terms of Use are not assignable, transferable or sublicensable by you except with BettorsNation’s prior written consent. BettorsNation may transfer, assign or delegate these Terms of Use and the rights and obligations created thereunder without your consent.
GOVERNING LAW
Any action related to the Website or Services will be governed by Texas law without regard to its conflict of laws principles. All disputes relating to the Site or Services will be adjudicated in the State or Federal courts located in Dallas, Texas.
ENTIRE AGREEMENT
This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and BettorsNation and supersedes and terminates all prior agreements or understandings you may have with BettorsNation.