Last updated: August 17, 2022
IMPORTANT NOTICE: THIS AGREEMENT IS SUBECT TO A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS THAT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW (SECTION 19). PLEASE READ CAREFULLY.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE PLATFORM (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND/OR OUR PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY. MINORS (THOSE UNDER THE AGE OF 18 YEARS) ARE NOT ELIGIBLE TO USE OUR PLATFORM.
These Terms of Use (“Terms”) are a binding legal agreement between you (the “user”) and Bettor Vision Inc. (“Bettor Vision,” “we,” “us,” or “our”). These Terms govern your access and use of all applications, including the Bettor Vision application (the “Bettor Vision App”), websites, including bettorvision.us (the “Site”), and other offerings provided by Bettor Vision that link to these Terms (collectively, the “Platform”).
By signing up for, using, or otherwise accessing the Platform, you (1) accept and agree to these Terms and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, which is hereby incorporated by reference, and (3) agree to comply with all rules, policies, and disclaimers posted on the Platform or about which you are notified.
Except for Section 19, providing for binding arbitration and a waiver of class action rights, we reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We encourage you to review this Privacy Policy frequently for any revisions or amendments. Changes to these Terms will be made accessible through use of the Platform with an updated “Last Updated” date. You will be deemed to have been made aware of and have accepted the changes by your continued use of the Platform.
We reserve the right to change, remove the content of, or discontinue the Platform at any time without notice and for any reason at our sole discretion. We will not be liable to you or any third party for any loss, damage, or inconvenience resulting from any modification, price change, suspension, or discontinuance of the Platform. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems, and we need to perform maintenance related to the Platform that may result in interruptions, delays, or errors. Nothing in these Terms will be construed to obligate us to maintain, support, update, or correct the Platform.
Additional terms and conditions may apply to specific portions or features of the Platform, including, but not limited to, contests, promotions or other similar features, all of which terms are incorporated in these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service.
You hereby represent and warrant that you are fully able and competent to enter into, abide by, and comply with these Terms. Access to and use of the Platform is available only to individuals who are at least 18 years old or the age of majority in your jurisdiction, whichever is higher, and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that:
If you do not meet the eligibility requirements of this Section 4, then you are not permitted to use the Platform and you agree that you will not use the Platform. We reserve the right to suspend or terminate your account if we determine in our sole discretion that you do not meet the eligibility requirements of this Section 4.
You are required to register for an account with the Platform to use the Platform. By registering for an account, you agree to:
To access parts of the Platform or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, personally identifiable information as set forth in our Privacy Policy. It is a condition of your use of this Platform that all the information you provide on this Platform, including but not limited to personally identifiable information, is accurate, current, and complete.
We reserve the right to remove, reclaim, or change a username or profile picture you select if we determine, in our sole discretion, that such username or profile picture is offensive or promotes a commercial venture.
You may establish, maintain, use, and control only one account on the Platform. Each account on the Platform may only be owned, maintained, used, and controlled by only one user. In the event we determine that you have opened, maintained, used, or controlled more than one account, we reserve the right to suspend or terminate any or all of your accounts.
You will be responsible for all use of your account and password. We may assume that any communications we receive under your account have been made by you, and you agree that we are authorized to acton instructions received through use of your account. You agree that we are not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as provided herein.
You may use the Platform and all associated content solely for your personal use and enjoyment.
The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
We may suspend or terminate your account if you engage in conduct that we deem, in our sole discretion, to be improper, unfair, fraudulent, illegal, or otherwise adverse to the operation of the Platform orin any way detrimental to other users. You are solely responsible for your interactions with other users; we reserve the right, but have no obligation, to monitor disputes between you and other users.
As a user of the Platform, you agree not to:
The Platform allows you to contribute to or participate in online polls and provides you with the opportunity to create, submit, post, transmit, distribute, or otherwise make available content to users, on the Platform, including but not limited to your own online polls and information regarding the wagers you place with third parties (collectively,“User Contributions”).
You acknowledge and agree that all UserContributions, whether publicly posted or privately transmitted, are the sole responsibility of the user from whom the User Contributions originated. This means that you, not us, are entirely responsible for all User Contributions that you upload, post, share, email, transmit, or otherwise make available via the Platform. Under no circumstances will we be liable in any way for any User Contributions. User Contributions may be viewable by other users of the Platform and through third-party websites. As such, any User Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any UserContributions, you represent and warrant that:
We have the right (but not the obligation), in our sole discretion, to edit, redact, or otherwise change any User Contributions; to move any User Contributions to more appropriate locations on the Platform; and to pre-screen, delete, undelete, modify any UserContributions at any time and for any reason, without notice. However, we have no obligation to monitor your User Contributions.
You understand that by using the Platform, you may be exposed to User Contributions that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Contributions. You further acknowledge and agree that you bear the sole risk of reliance on any User Contributions available on or through the Platform.
The term “User Contributions” does not include any personally identifiable information that you may provide to Bettor Vision, and which is subject to the privacy standards set forth in Bettor Vision’s Privacy Policy.
By posting any User Contributions to the Platform, you automatically grant us, and you represent and warrant that you have the right to grant us, irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, copy, modify, adapt, publish, distribute, sell, publicly perform, publicly display, and create derivative works of such User Contributions (including, without limitation, your image and voice) for any purpose, and to incorporate such User Contributions into other works. This license includes Bettor Vision’s use of your name and personal and commercial images you provide. You also grant and authorize sublicenses of the foregoing.
You waive all moral rights in your UserContributions, and you warrant that moral rights have not otherwise been asserted in your User Contributions. We do not assert any ownership over yourUser Contributions or any intellectual property rights associated with yourUser Contributions.
All fantasy-related player salaries, player usage statistics, historical player performance, stadium weather, lines, odds, betting percentages, betting systems, fantasy trends, fantasy systems, fantasy angles, home run rate predictions, pitcher strikeout rate predictions, stadium trends, picks, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Platform is owned by BettorVision or its licensors, and is protected by U.S. intellectual property and proprietary rights.
All trademarks appearing on the Platform are the property of their respective owners, including but not limited to Bettor Vision and/or its partner companies. Nothing contained on the Platform should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by Bettor Vision or by any third party.
Subject to your complete and ongoing compliance with these Terms, Bettor Vision grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Platform. We reserve all rights not expressly granted to you by these Terms.
When accessing the Platform, you agree to obey the law and to respect the intellectual property rights of Bettor Vision and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Contributions, and personally identifiable information that you provide or transmit to us.
If you have downloaded our Platform, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Platform malfunctions.
Bettor Vision may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify Bettor Vision by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512):
Please send the written communication to Bettor Vision’s copyright agent by email AND by U.S. Mail to:
Mail: 251 Little Falls Drive, Wilmington, DE, 19808
Email: support@bettorvision.us. Subject line: "DMCA Request"
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
The term“Feedback” does not include any personally identifiable information that you may provide to Bettor Vision, and which is subject to the privacy standards set forth in the Privacy Policy.
As part of the eventual functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: providing your Third-Party Account login information through the Platform; or allowing us to access your Third-Party Account, as is permitted under the terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the provider of the Third-Party Account.
By granting us access to any Third-Party Account, you understand that we may be granted permission to access or store any content that you have provided to your Third-Party Account (the“Third-Party Account Content”) so that it is available on and through the Platform. Depending on the policies and privacy settings governing the Third-Party Account, we may send to and receive from your Third-Party Account information that you provided to your Third-Party Account, including potentially personally identifiable information such as friends lists. You acknowledge and agree that we may be granted access your address book associated with a Third-Party Account and/or your contacts list stored on your mobile device or tablet computer for the purpose of identifying and informing you of those contacts who have also registered to use the Platform.
You will have the ability to deactivate the connection between the Platform and your Third-Party Accounts at any time through your account settings or by contacting us using the contact information below. Following deactivation, we will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. Please note that if access to a Third-Party Account becomes unavailable, the Third-Party Account Content may no longer be available on and through the Platform.
YOUR RELATIONSHIP WITH THE THIRD PARTY PROVIDING YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD PARTIES. We make no effort to review any Third-Party Account Content for any purpose, including but not limited to, accuracy, legality, and infringement. We are not responsible for any Third-Party Account Content.
The Platform may provide links to third-party applications, information, services, or websites, including advertising that may link to a third party (“Third-Party Content”). Linking to any such Third-Party Content does not imply approval or endorsement thereof by us. You understand that when you click on these links any data which you provide afterwards is subject to that third party’s terms of service and privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any third-party application, service or website. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content.
The agreement between you and Bettor Vision reflected by these Terms is effective when you access the Platform (for example, to create an Account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
Upon termination of your account for any reason, Bettor Vision will retain your data in accordance with its Privacy Policy.
Termination by Users
If you wish to terminate your account, you may simply discontinue using the Platform, select “Delete Account” in your account settings, or contact us as described in the “Contact Us” section below expressly stating that you wish to terminate your account.
Termination by Bettor Vision
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE ALSO MAY DELETE YOUR ACCOUNT AND ANY ASSOCIATED CONTENT OR INFORMATION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR PLATFORM.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake name, or the name of any third party, even if you maybe acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Survival
All provisions of these Terms shall survive termination.
By using the Platform, you agree to defend, indemnify, and hold Bettor Vision harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your access to or use of the Platform; (2) your breach of these Terms; (3) your User Contributions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) your interaction with any other users; and/or (6) any other claims made by any third party in connection with your use of the Platform.
Notwithstanding the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. We will use reasonable efforts to notify you of any such claim or proceeding which is subject to this indemnification upon becoming aware of it.
If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
If you are not a California resident, you waive your rights under any statute or common law principle similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.
BETTOR VISION DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE OF THE PLATFORM WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, ORTHAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. THE PLATFORM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. BETTOR VISION CANNOT ENSURE THAT THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORM, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BETTOR VISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BETTOR VISION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY SERVICES OF BETTOR VISION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST BETTOR VISION FOR DISSATISFACTION WITH THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE BETTOR VISION AND USERS.
YOU UNDERSTAND THAT THE PLATFORM CONTAINS INFORMATION ABOUT SPORTS, FANTASY SPORTS,AND SPORTS BETTING, BUT THAT THIS INFORMATION AND CONTENT DOES NOT CONSTITUTE “ADVICE,” NOR DOES IT CONSTITUTE ANY “RECOMMENDATION” ON WHETHER OR HOW TO ENGAGE IN DAILY FANTASY OR SPORTS BETTING ACTIVITIES. BETTOR VISION ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY,OR OTHERWISE) SHALL BETTOR VISION, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BETTOR VISION AND USERS. THIS PLATFORM AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, EXCEED ANY AMOUNT, IN THE AGGREGATE, HIGHER THAN THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BETTOR VISION IN CONNECTION WITH THE PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO BETTOR VISION’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN BETTOR VISION AND USERS.
The above limitation applies to your use, misuse, or reliance on the information and services available on the Platform, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Platform.
Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect. The limitation of liability described above shall apply fully to residents of New Jersey.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
Bettor Vision’s customer support team is available to address any concerns you may have regarding the Platform and can resolve most concerns quickly to our users’ satisfaction. You and Bettor Vision (the “Parties”) shall use their best efforts through this initial dispute resolution process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition to either Party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
To adequately engage in initial dispute resolution, each Party must notify the other Party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the user’s email address on file with Bettor Vision, or (b) Bettor Vision Inc., 251 Little Falls Drive, Wilmington DE 19808, or (c) support@bettorvision.us, whichever is applicable (“Dispute Notification”). The Party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other Party then has fifteen (15) days to reply to the response.
Binding Arbitration
If the Parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution begins under the Subsection 19.1, then either Party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. This agreement to arbitrate is a contract governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.,and evidences a transaction involving commerce. Specifically, all claims arising out of or relating to these Terms (including their formation, performance, and breach), the Parties’ relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions and except that each Party will be permitted at least one deposition unless forbidden by JAMS. If for any reason JAMS is unable to administer arbitration, either Party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. § 5.
Except as explicitly set forth in this Subsection 19.2, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The Parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written and binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is nota named party to the arbitration.
The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Bettor Vision to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Bettor Vision will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
Any arbitration demand or counterclaim asserted by either Party must contain sufficient information to provide fair notice to the other Party of the asserting Party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The Parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The Parties also agree that a good-faith challenge by either Party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 19 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction. The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location
If you area resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and Bettor Vision agree to submit to the personal jurisdiction of any federal or state court in New Castle, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BETTOR VISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Notwithstanding any other provision of these terms, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver maybe resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The Parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either Party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either Party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a Party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a Party’s right to arbitration under this agreement.
30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following email address: support@bettorvision.us. The notice must be sent within thirty (30) days of your first use of the Platform; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Bettor Vision also will not be bound by them.
Changes to this Section
Bettor Vision will provide thirty (30) days’ notice of any changes affecting the substance of this Section 19. Changes will become effective on the thirtieth (30th) day. If you continue to use the Platform after the thirtieth (30th) day, you agree that any unfiled claims of which Bettor Vision does not have actual notice are subject to the revised clause.
For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Bettor Vision agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in New Castle, Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These Terms and the relationship between you and Bettor Vision shall be governed by the laws of the state of Delaware without regard to conflict of law provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Platform.
These Terms (and any additional terms, contracts, rules, and conditions that Bettor Vision may post on the Platform) and the Privacy Policy constitute the entire agreement between you and Bettor Vision with respect to the Platform and supersede any prior agreements, oral or written, between you and Bettor Vision.
If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Bettor Vision’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Bettor Vision’s right to exercise or enforce the Terms as to the same or another instance.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.
You agree that Bettor Vision’s may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including, but not limited to, because your interaction with other users of the Platform, the pricing offered, and fraud mechanisms in place are based upon individual usage.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
By providing your contact information when registering for the Platform, you authorize us to provide you with important announcements, notices, disclosures, relevant promotions, and other related communications relating to the Platform, consistent with our Privacy Policy. If you provide Bettor Vision with your phone number, you consent to receive calls and text messages to the phone number you provide to us.
You may opt-out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.
Bettor Vision may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given forty-eight (48) hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given seven (7) days after dispatch. Except as explicitly described in the Section 19, you may give notice to Bettor Vision (such notice shall be deemed given when received by Bettor Vision) at any time by contacting us at support@bettorvision.us.
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at support@bettorvision.us.
All email sent to us should be generated by the user in whose name the email account is registered. Emails shall not mask the identity of the user sending them, including by using a false name or someone else’s name or account. If you are a customer and the topic of your email is a service issue, you must include your full name, username, and address in order to ensure that we can respond.
