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These Terms and Conditions are effective from Month DD, YYYY. All previous terms and conditions are cancelled.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION I BELOW.
A. INTRODUCTION
1. By using, visiting and/or accessing any part (including, but not limited to, subdomains, source code and/or website APIs, whether visible or not) of the ia.bet365.com website or mobile application or any other websites or applications that we own or operate (the “Website”), registering on the Website, creating an account via mobile devices including downloadable applications, or using any of our portsbook products (collectively, the “bet365 Services”), you agree to be bound by (a) these Terms and Conditions; (b) our House Rules; (c) our Privacy Policy; and (d) the Rules applicable to our sportsbook as further referenced at paragraph 2 below (together the "Terms" or “Agreement”), and are deemed to have accepted and understood all the Terms.
Please read the Terms carefully and if you do not accept the Terms, do not use visit or access any part (including, but not limited to, sub-domains, and source code and/or website APIs, whether visible or not) of the bet365 Services.
2. Where you place a bet or wager, using the bet365 Services, you accept and agree to be bound by, the Rules which apply to the applicable products available through the bet365 Services from time to time. The Rules can be found under the Help tab of the applicable section of the Website, or more specifically at:
(a) the Rules for the bet365 Sportsbook are available by clicking here.
3. “bet365”, “we”, “our” or “us” refers to Hillside (Iowa) LLC, a Limited Liability Company, and with its principal place of business at 9000 Lincoln Dr. East, Suite 200, Marlton, NJ 08053. The bet365 Services are operated and controlled by bet365 under an agreement with Casino Queen Marquette, Inc, pursuant to the oversight, regulatory requirements, and licensing of the Iowa Racing and Gaming Commission ("IRGC").
4. We may need to change the Terms from time to time for a number of reasons (including to comply with applicable laws and regulations, and regulatory requirements). Any minor or insubstantial changes may be made at any time and you are advised to review the Terms on a regular basis. The most up to date Terms will be available on the Website. To obtain a copy of these Terms at any time Contact Us. All major changes will be notified to you in advance of such changes taking effect. If any change is unacceptable to you, you should cease using the bet365 Services and/or close your account. If, however, you continue to use the bet365 Services after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
5. Reference to "you", "your" or the "customer" is reference to any person using the Website or the bet365 Services and/or any registered customer of bet365.
6. bet365 is committed to providing excellent customer service. As part of that commitment, bet365 is committed to supporting responsible gaming. For further details, please click here.
B. YOUR BET365 ACCOUNT
1. Eligibility and Application
1.1 It is a criminal offense for anyone under the age of 21 (twenty-one) to participate in wagering online, and no one under the age of 21 (twenty-one) is permitted to use the bet365 Services. We reserve the right in our sole discretion to request proof of age or re-confirm such information from you at any time. We may terminate your account and prohibit you from using the bet365 Services if proof of age is not provided or if we suspect that you are not at least 21 (twenty-one) years old.
1.2 There are Federal prohibitions and restrictions regarding Internet gaming, specifically, any limitations upon Internet gaming as set forth in 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§ 3163 through 3167 (UIEGA). It is a federal offense and a violation of Iowa law (IAC 491-13.5(3)(b)) for persons physically located outside of the State of Iowa to engage in internet or mobile wagering in the State of Iowa. In order to participate in wagering offered through the bet365 Services, you must be physically located in the State of Iowa. You agree that you will not attempt to participate in such wagering activities while physically located outside of the State of Iowa unless explicitly authorized by the IRGC, and acknowledge that any such attempt could result in enforcement actions against you. We, our third-party service providers, and the IRGC will utilize tracking technologies to verify and record your physical location when you are participating or are attempting to participate in wagering through the bet365 Services (“Geolocation Technologies”). These Geolocation Technologies will report the physical location of the device you are using to access wagering through the bet365 Services to us. By registering for an account through the bet365 Services and/or by using the bet365 Services, you consent to the above-described uses of Geolocation Technologies, and to storage of records confirming your location within the State of Iowa for a period of three (3) years as required by applicable law.
1.3 All information supplied when registering with the site MUST be accurate and complete in all respects. Where this is not the case, we reserve the right to suspend the account and treat any deposits into the gambling account as being invalid (and any winnings arising from such deposit as void). Where an account is suspended, the relevant customer should Contact Us. You understand and agree that we are unable to provide you with any legal advice or assurances, and we make no representation or warranty, in respect of the legality of your use of the bet365 Services. You are solely responsible for confirming that your registration with, and use and continued use of, the bet365 Services complies with all laws that apply to you. You represent, warrant, and agree to ensure that your use of the bet365 Services will comply with all applicable laws and regulations. Please consult your own legal counsel if you have any questions about the legality of your use of the bet365 Services.
1.4 bet365 may confirm a customer’s address by mailing an address verification letter to the customer. All correspondence will be discreet and the envelope will not display any reference to bet365. When such correspondence is initiated, all offers and withdrawal requests may remain pending until the address has been confirmed as correct.
1.5 By accepting the Terms, using the Website and/or registering to use the bet365 Services you hereby agree that we shall be entitled to conduct and process your information in relation to any and all such identification, credit and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the bet365 Services and our products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.
1.6 Customers may open only one account, and you must register using your own legal name. You may only access the bet365 Services from your own account and you are prohibited from permitting any other person to access or use your account.
1.7 Customers must keep their registration and account details up to date. This, and your account information, may be amended in the Personal section of the Website. If you require any assistance, please Contact Us.
2. Account Details
2.1 bet365 allows all its customers to choose their own Username/Password combination for their account. Customers must keep this information secret and confidential as you are responsible for all bets/wagers placed on your account and any other activities taking place on your account. At your option, you can select to require “strong authentication” for your account. With strong authentication, each time you log into your account, we will send you an email or SMS, where valid, containing a temporary PIN number. You must then enter the temporary PIN number during account login to access your account.
2.2 Bets will stand if your Username and Password have been entered correctly (whether or not authorized by you), subject to there being sufficient funds in the account.
2.3 If, at any time, you forget your password or feel or know that a third party is aware of your Password you must change it immediately via the Website. Should you forget all or part of your login credentials, please visit Lost Login on the homepage. If you are unable to remember your four-digit security number, please Contact Us for further assistance. We will confirm each successful Password reset via email to the email associated with your account.
2.4 Please note that cardholder details and any other sensitive data should never be sent to us by unencrypted email.
2.5 The current balance and transaction history of your account may be viewed at any time once you have logged into your account on the Website.
3. Personal Details
3.1 Use of the bet365 Services is subject to the terms of our Privacy Policy, which are incorporated into and made part of these Terms. By using the bet365 Services, you acknowledge that you have read and agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the bet365 Services, account registration, and any other personal information provided by you, in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.
4. Suspension and Closure
4.1 If you want to close your account, you can do this by visiting the Members section or alternatively please Contact Us. Any negative balance on your account will fall immediately due and payable to bet365, and your account will not be closed until the relevant amount owed to bet365 is paid in full.
4.2 bet365 reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, bet365 shall be entitled to close or suspend your account if:
(a) you become bankrupt;
(b) bet365 considers that you have used the bet365 Services in a fraudulent manner or for illegal and/or unlawful or improper purposes;
(c) bet365 considers that you have used the bet365 Services in an unfair manner, have deliberately cheated or taken unfair advantage of bet365 or any of its customers or if your account is being used for the benefit of a third party;
(d) bet365 is requested to do so by the police, any regulatory authority or court;
(e) bet365 considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur; or
(f) your account is deemed to be dormant and its balance is, or reaches zero in accordance with paragraph B.5.1 below.
4.3 If bet365 closes or suspends your account for any of the reasons referred to in (a) to (e) above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by bet365 (together “Claims”) arising therefrom and shall indemnify and hold bet365 harmless on demand for such Claims. In the circumstances referred to in (a) to (e) above, bet365 shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any winnings, Bet Credits or bonus payments).
4.4 You should be aware that if you breach any of the Terms, you may also be committing a legal offense, and you may be subject to legal action, including prosecution. We reserve the right to cooperate with law enforcement and other regulatory authorities, including the IRGC, in investigating claims of suspicious or presumed illegal activity on the bet365 Services.
5. Abandoned Accounts
5.1 Pursuant to IAC 491-13.2(9), your account will be deemed “abandoned” if no activity by you has occurred for 3 years. Player activity includes making a wager, making an account deposit, or withdrawing funds.
5.2 If your account becomes abandoned, we will attempt to contact you. If you do not respond, the funds in your account will be deemed abandoned and remitted to the State Treasurer of Iowa, in accordance with applicable law.
C. YOUR FINANCES
1. Deposits and Wagers
1.1 You may only bet/wager with the amount of cleared funds held in your account. Accordingly, if you want to place bets, you must deposit monies into your account. Further details of how to deposit, withdraw and transfer funds can be found at Deposits/Withdrawals.
You may on occasion be awarded Free Bets or Bet Credits, which can be used to fund or part fund bets. Free Bets and Bet Credits are non-withdrawable and not included in any returns. Any returns gained from bets placed using either method will be added to your Withdrawable Balance. The terms of use for Free Bets and Bet Credits will be available on the relevant promotions page or communication from us.
1.2 By depositing funds into your account, you direct us and we agree to hold them, along with any winnings, for the sole and specific purpose of using them (a) to place bets/wagers; and (b) settling any fees or charges that you might incur in connection with the use of our services (Purpose). We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to place sporting bets/wagers. In such circumstances we may also report this to relevant authorities.
1.3 You agree that we shall be entitled to retain any interest which might accrue on monies held in your bet365 account.
1.4 No credit will be offered by any employee of bet365, and all bets must be supported by sufficient funds in the customer account. bet365 reserves the right to deem no action any bet/wager which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet/wager. Should funds be credited to a customer's account in error it is the customer's responsibility to inform bet365 without delay. bet365 will recover such funds by account adjustment.
1.5 Unless otherwise stated, all examples given on the Website are in United States Dollars.
1.6 In addition, bet365 shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your ‘unauthorized’ use of the bet365 Services including activities which are not for an authorised purpose.
1.7 bet365 does not charge for deposits made by Debit Card, however please be aware that some card issuers consider betting transactions as ‘cash’ payments and therefore may charge you a cash advance fee. Please check with your card issuer for further details.
2. Withdrawals
2.1 Where possible, all withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder.
2.2 For most payment types, withdrawals can be processed by clicking 'Withdraw' on the Website, subject to there being sufficient funds in your betting account. There is no set maximum withdrawal amount per day but withdrawal requests for amounts greater than $20,000 may require additional arrangements. For full details on each specific payment type, please refer to Deposits/Withdrawals.
2.3 We have a separate bank account for the sole and specific purpose of protecting money that you have asked to withdraw while it is on its way to you. We agree with you to maintain a balance of our money in that account for that sole and specific purpose. Therefore, in the event of our insolvency before the withdrawn amount reaches you, an equivalent amount in that account would belong to you and would not fall into the hands of the liquidator. The bank has acknowledged that the balance in that account is held solely for the specific purpose mentioned. The bank has confirmed that it will not mix the balance with any other, including our other balances, and that it has no claim on the funds itself.
2.4 If the value of a deposit is not played through in full before a withdrawal is requested, bet365 reserves the right to make a charge to the customer’s account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.
3. Other
3.1 If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred.
3.2 We may, at any time, set off any positive balance on your account against any amounts owed by you to bet365 or any company within the bet365 group.
3.3 You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction.
D. BETTING PROCEDURES
1. Placing Bets/Wagers
1.1 bet365 reserves the right to decline all, or part, of any bet/wager requested at its sole and absolute discretion. All bets/wagers are placed at your own risk and discretion.
1.2 We only accept bets/wagers made online (including via mobile device or downloadable applications on a mobile device). Bets/wagers are not accepted in any other form (mail, email, fax, telephone etc.) and where received will be invalid and deemed no action - win or lose.
1.3 It is the responsibility of the customer to ensure details of their bets/wagers are correct. Once bets/wagers have been placed they may not be canceled by the customer. Bets can only be changed by the customer using our Edit Bet feature, where this is available. bet365 reserves the right to cancel any bet/wager at any time.
1.4 Your funds will be allocated to bets/wagers in the order they are placed and will not be available for any other use. bet365 reserves the right to void and/or reverse any transactions made after a bet/wager has been placed involving allocated funds, either at the time or retrospectively.
2. Bet/Wager Confirmation
2.1 Bets/wagers will not be valid if there are insufficient funds in your account.
2.2 A bet/wager that you request will only be valid once accepted by bet365’s servers. Each valid bet/wager will receive a unique transaction code. We shall not be liable for the settlement of any bets/wagers which are not issued with a unique transaction code. If you are unsure about the validity of a bet/wager, please check your account history, or Contact Us.
2.3 Notwithstanding the above, if bets/wagers are placed via a Debit Card, they are not valid until we have received payment in full. The bet/wager will be automatically void if we have not received the payment prior to the relevant event commencing.
2.4 Should a dispute arise, you and bet365 agree that the bet365 transaction log database will be the ultimate authority in such matters.
3. Offers
3.1 For full details on Offers please refer to he relevant promotions page or communication from us.
3.2 Where any term of an offer or promotion is breached or there is any evidence of a series of bets placed by a customer or group of customers, which due to enhanced payments, Free Bets, Bet Credits or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, bet365 may reclaim the enhanced payment, Free Bet or Bet Credit element of such offers and/or deem no action any bet funded by the Free Bet or Bet Credits. In addition, where there is evidence of such activity, bet365 may levy an administration charge on the customer up to the value of the Bet Credits, Free Bet or enhanced payment towards the administrative costs incurred in identifying and taking action against the activity.
3.3 bet365 may reclaim any bonus amount, Free Bets, Bet Credits or enhanced payments that have been awarded in error.
3.4 All customer offers are limited to one per person. If bet365 has reasonable grounds to suspect that a bonus or offer is being claimed by or for the benefit of the same person more than once or by a group of people then it may withdraw the availability of any offer or all offers to that customer or group of customers and/or deem no action any bet funded by the bonus or offer and remove any winnings from such bet.
3.5 bet365 may, at any time, make minor amendments to the Terms and Conditions of any offer or promotion to correct typographical errors or to improve on clarity or customer experience and may cancel any offer or promotion for legal or regulatory reasons.
4. Settlement and Payouts
4.1 Settlement and Payouts of all bets and wagers are subject to the House Rules and, Sports Rules.
4.2 Any taxes associated with the payment of any winnings or prizes are your sole responsibility.
4.3 bet365 shall, in its sole discretion, deduct and/or withhold any taxes as may be required under any Federal, State or local law or regulation from any and all amounts which would have otherwise been payable to you (including any winnings or bonus payments) at the maximum applicable rate. In addition, you agree to provide any information or documentation to us that may be necessary or desirable in connection with any filing we are required to make under any Federal, State or local law or regulation and/or to withhold or delay any credit to your account for such time as may be necessary in order to fulfil any such requirements.
4.4 You acknowledge that we will, where applicable, make available Form W-2G to you and the relevant authorities.
4.5 In relation to any filing we are required to make under any Federal, State or local law or regulation as a result of activity on your account you confirm that, under penalties of perjury, your name, address, and taxpayer identification number are the same as those registered to your account and such information correctly identifies you.
4.6 You agree that your acceptance of these Terms shall serve as an electronic signature on any tax documents or filings required during your use of the bet365 Services.
4.7 You consent to receive your tax related information electronically.
5. Other Provisions
5.1 The following provisions apply in the event you are disconnected while using the bet365 Services:
(a) If the activity requires no additional action or input on your part at the time you are disconnected, the applicable sportsbook will produce the final outcome, and when you reconnect to the bet365 Services, the final outcome will be available for your review.
5.2 Upon your reasonable request, we will make available to you a copy of your account statement, detailing your account activity (including wagering history). You hereby consent to the monitoring and recording by us, our third-party service providers, and the IRGC of all wagering communications you make through the bet365 Services.
E. USE OF THE BET365 SERVICES
1. Website Content and Permitted and Prohibited Use
1.1 Information or data accessed by you via the bet365 Services or any part of the Website (including but not limited to results, statistics, sporting data and fixture lists, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information or data is strictly prohibited. No warranty is given as to the uninterrupted provision of such information or data, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.
1.2 Any commercial use or exploitation of the whole or any part of, the Website, the information or data on the Website (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), and/or any other information or data on the Website its content and/or its source code is strictly prohibited.
1.3 The use of automated systems or software to copy and/or extract the whole or any part of, the Website, the information or data on the Website (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), and/or any other information or data on or contained within or as part of from the Website and/or its source code for any purposes (known as "screen scraping") is strictly prohibited.
2. Your Equipment
2.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the bet365 Services. bet365 does not guarantee that the bet365 Services will operate without faults or errors or that the bet365 Services will be provided without interruption. bet365 does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place bets or wagers or to view or receive certain information in relation to particular events).
2.2 Click here for further information relating to bet365 Services accessibility requirements and technical issues relevant to use of the bet365 Services.
3. Fair Use
3.1 The bet365 Services and bet365 products may only be used for the purposes of placing bets and wagers on events.
3.2 You must not use the bet365 Services for the benefit of a third party or for any purpose which (in bet365’s opinion) is illegal, defamatory, abusive or obscene, or which bet365 considers discriminatory, fraudulent, dishonest or inappropriate.
3.3 bet365 will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the bet365 Services or bet365's products. bet365 will withhold payment to any customer where any of these are suspected or where the payment is suspected to be for the benefit of a third party. The customer shall indemnify and shall be liable to pay to bet365, on demand, all Claims (as defined in paragraph B.4.3 above) arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.
3.4 You must not utilize automated computerized software or other equivalent mechanisms, such as a “bot”, in connection with your use of the bet365 Services, including for the purposes of placing bets and wagers on sportsbook products.
4. Software and Technology Issues
4.1 In order for you to use certain products offered through the bet365 Services you may need to download some software. Also, certain third party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software. bet365 does not accept any liability in respect of any third party software.
4.2 You are only permitted to use any and all software made available to you via the bet365 Services for the purpose of using products on the bet365 Services and, save to the extent permitted by applicable law, for no other purposes whatsoever.
4.3 We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing products on the bet365 Services, in accordance with the following provisions.
(a) You are not permitted to: (i) install or load the software onto a server or other networked device or take other steps to make the software available via any form of "bulletin board", online service or remote dial-in or network to any other person; (ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these Terms) your license to use the software or make or distribute copies of the software; (iii) enter, access or attempt to enter or access or otherwise bypass bet365’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the bet365 Services or attempt to make any changes to the software and/or any features or components thereof; or (iv) copy or translate any user documentation provided 'online' or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs, you are not permitted to: (a) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or (b) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.
(b) You do not own the software. The software is owned and is the exclusive property of bet365 or a third party software provider company (the "Software Provider"). Any software and accompanying documentation which have been licensed to bet365 are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
(c) The software is provided "as is" without any warranties, conditions, undertakings or representations bet365 does not warrant that: (i) the software will meet your requirements; (ii) the software will not infringe any third party’s intellectual property rights; (iii) the operation of the software will be error free or uninterrupted; (iv) any defects in the software will be corrected; or (v) the software or the servers are virus-free.
(d) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither bet365 nor the Software Provider will have any liability to you or to any third party in respect of such errors. bet365 reserves the right in the event of such errors to remove all relevant products from the Website and take any other action to correct such errors.
(e) You hereby acknowledge that how you use the software is outside of bet365’s control and at your own risk.
(f) The software may include confidential information which is secret and valuable to the Software Provider and/or bet365. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms.
4.4 While bet365 endeavors to ensure that the Website is available 24 hours a day, bet365 shall not be liable if for any reason the bet365 Services are unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the bet365 Services and the content or services or products available through it, including your access to it.
4.5 You must not misuse the bet365 Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the bet365 Services or any part of it; any equipment or network on which the bet365 Services are stored; any software used in connection with the provision of the bet365 Services; or any equipment, software or website owned or used by a third party. You must not attack the bet365 Services via a denial-of-service attack. Save where we have not taken reasonable steps, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the bet365 Services, software or to your downloading of any material posted on it, or on any website linked to it.
5. Third Party Content
5.1 bet365 receives feeds, commentaries and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
5.2 bet365 does not accept any liability in respect of any third party feeds, commentaries and content.
5.3 bet365 does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to a third party service provider (to be determined in bet365’s absolute discretion) to bet/wager on any market or event where the third party service provider is providing a service to bet365. bet365 will deem no action any bet/wager where it determines in its absolute discretion that such betting/wagering has taken place.
5.4 Where the bet365 Services contain links to third party websites and resources, these links are provided for your information only. bet365 has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services (if applicable).
6. Other
6.1 bet365 actively monitors traffic to and from the bet365 Services. bet365 reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.
6.2 bet365 reserves the right to restrict access to all or certain parts of the bet365 Services in respect of certain jurisdictions.
6.3 bet365 may alter or amend the products offered via the bet365 Services at any time and for any reason.
6.4 From time to time, all or part of the bet365 Services may be unavailable for use by you because of our maintenance of the bet365 Services and/or alteration or amendment of any of the bet365 Services products.
F. OUR LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BET365 SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND BET365’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “BET365 AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE BET365 SERVICES, WHETHER EXPRESS OR IMPLIED.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE BET365 SERVICES, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY MARKETING OF THE BET365 SERVICES; (C) FOR ANY DEFECTIVE FEATURE, FUNCTION, OR COMPONENT OF THE BET365 SERVICES; (D) FOR ANY INCORRECT OR INACCURATE INFORMATION, (E) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (F) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BET365 SERVICES, OR (G) FOR ANY OTHER MATTER RELATING TO THE BET365 SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BET365 AND YOU. THE BET365 SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF BET365 AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF ANY DEPOSITS AND WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS AND WINNINGS UNDER THESE TERMS) REMAINING IN YOUR ACCOUNT AT THE TIME OF YOUR CAUSE OF ACTION OR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT HAVE ANY SUCH DEPOSITS OR WINNINGS IN YOUR ACCOUNT AT THE TIME OF SUCH CAUSE OF ACTION OR CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BET365 IS TO STOP USING THE BET365 SERVICES AND CANCEL YOUR ACCOUNT.
3. IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO THE BET365 SERVICES, AND RESULTING IN LOSS, CORRUPTION, OR MISCALCULATION OF DATA OR WINNINGS OR BONUS MONEY AMOUNTS, TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND BET365 SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY BY BET365 IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. BET365 IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. IF ANY SUCH ERROR OR MISCALCULATION RESULTS IN OVERPAYMENT TO YOU OF WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO RECEIVE OR RETAIN SUCH WINNINGS, SHALL IMMEDIATELY INFORM US OF THE ERROR, AND SHALL REPAY ANY SUCH WINNINGS TO US (OR BET365 MAY, IN ITS SOLE DISCRETION, DEDUCT AN AMOUNT EQUAL TO SUCH WINNINGS FROM YOUR ACCOUNT, SET OFF SUCH AMOUNT AGAINST ANY OTHER WINNINGS OWED TO YOU, OR TAKE ANY OTHER ACTION NECESSARY TO COLLECT SUCH WINNINGS AS PERMITTED BY APPLICABLE LAWS AND REGULATIONS).
4. TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY YOU HAVE ENGAGED TO GAIN ACCESS TO THE BET365 SERVICES.
5. Nothing in this Section F shall limit bet365's liability to pay the customer winnings or other sums properly owing to it, subject always to these Terms and the maximum winnings as outlined in the House Rules.
6. Nothing in these Terms shall exclude or limit bet365’s liability for:
(a) death or personal injury caused by bet365’s negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot be excluded or limited under applicable law.
G. INTELLECTUAL PROPERTY RIGHTS
1. All the trademarks, service marks, trade names, copyrights, graphics, audio, songs, logos and other intellectual property used on or appearing through the bet365 Services belongs to us or our licensors. You acknowledge that by using the bet365 Services, including through the downloading of any software, you obtain no rights (and shall not claim any rights) in any content of the bet365 Services, any downloaded software, or any part thereof, other than the license to use the same as provided for in these Terms. Under no circumstances may you use any content of the bet365 Services without our prior written consent. You further agree to not use the bet365 Services in any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with these Terms.
2. Certain functionality relating to Cash Out is licensed from Colossus (Isle of Man) Ltd under one or more of the following US Patent Nos.: 10,102,716; 9,704,338; 9,424,716; 9,275,516; 9,196,126; 9,117,341; 8,721,439; 8,721,438; 8,734,241; 8,708,811 and 8,602,884.
3. If you make use of a feature that allows you to upload material, information, comments, postings or other content to the bet365 Services ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and bet365 has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. bet365 also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the bet365 Services constitutes a violation of their intellectual property rights or of their right to privacy. bet365 has the right to remove, amend or edit any User Content you make on the bet365 services.
3.1 You understand that all User Content, whether publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us for posting, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, etc.), do not use such information as part of your screen name or profile page, post it or submit it for posting to public-facing portions of the bet365 Services. To the fullest extent permitted by law, we will not be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the bet365 Services.
3.2 By posting any User Content through the bet365 Services, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the bet365 Services or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the bet365 Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the bet365 Services.
4. We respect the intellectual property rights of others and require that bet365 customers do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to bet365’s registered Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• A physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the bet365 Services;
• Your address, telephone number and email address;
• 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
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent:
ATTN: Copyright Agent
Hillside (Iowa) LLC, a Delaware limited liability company located at Two Greentree Center 9000 Lincoln Drive East, Suite 200, , Marlton, NJ 08053
Email: copyrightnotices@bet365.com.
H. OTHER PROVISIONS
1. These Terms, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the bet365 Services constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the bet365 Services you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
3. The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) do not exclude any other rights or remedies available in law.
4. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
5. You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms that bet365 may from time to time reasonably require in order to vest in and secure to bet365 the full benefit of rights and benefits to be transferred or granted to bet365 under these Terms and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms.
6. Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms.
7. bet365 shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
8. bet365 may assign, transfer, charge, sub-license or deal in any other manner with these Terms, or sub-contract any of its rights and obligations under these Terms, to any party including any company within the bet365 group.
9. Any notice to be given under these Terms must be in writing, in English and may be served by hand delivery, certified or registered mail, return receipt requested, postage prepaid, through a national overnight courier service, email or fax to: (a) in the case of bet365, the address of the relevant bet365 company as set out at the beginning of these Terms or as displayed on the bet365 Services; and (b) in respect of notices given by bet365 to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to bet365). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by overnight courier service, at 09.30 (Eastern Standard Time) on the day after the date of mailing; (c) if sent by pre-paid certified or registered airmail, at 09.30 (Eastern Standard Time) on the fifth day after mailing; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.
10. The Appendices, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the bet365 Services form an integral part of these Terms and shall have effect as if set out in full in the body of these Terms. In the event of any inconsistency between the main body of these Terms and the Appendices, the Privacy Policy, the Rules and/or any document expressly referred to in them and any guidelines or rules posted on the bet365 Services, unless stated otherwise, the main body shall prevail.
I. DISPUTES, GOVERNING LAW AND JURISDICTION
1. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa, as it is applied to agreements entered into and to be performed entirely within such State, without regard to conflict of law principles. You agree that all disputes, claims and causes of action relating to this Agreement, the bet365 Services, the Rules, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in the City of Des Moines, Iowa before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. PLEASE NOTE: YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO FILE SUIT IN A COURT OF LAW (INCLUDING ANY CLASS ACTION SUIT) TO ENFORCE YOUR RIGHTS UNDER THIS AGREEMENT. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (1) year after the claim arises. You agree that a proceeding commenced after this date is barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the bet365 and its affiliates or other third party licensors, and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
J. Customer Complaints
1. Any complaints should be directed to our support team. If you have any complaint or issue relating to the bet365 Services, you can do so via Live Chat, Email, Telephone, Web Message or Mail. Your complaint will be assigned to an individual member of our Customer Service team to assess and resolve. We will endeavor to respond within 24 hours. If you are not satisfied with the way that your complaint was handled by our support team, our management may intervene to resolve any outstanding grievance. You agree to follow and exhaust any grievance/dispute resolution policy we may put in place from time-to-time. After all reasonable steps have been taken by you and us to resolve your complaint, you may contact the IRGC. The IRGC may be contacted at:
Iowa Racing and Gaming Commission
DMACC Capitol Center
1300 Des Moines Street, Suite 100
Des Moines, IA 50309
(515) 281-7352
IRGC@iowa.gov
2. We reserve the right to provide a copy of your complaint and relevant documentation to IRGC.
3. If you have a complaint, please Contact Us.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION I BELOW.
A. INTRODUCTION
1. By using, visiting and/or accessing any part (including, but not limited to, subdomains, source code and/or website APIs, whether visible or not) of the ia.bet365.com website or mobile application or any other websites or applications that we own or operate (the “Website”), registering on the Website, creating an account via mobile devices including downloadable applications, or using any of our portsbook products (collectively, the “bet365 Services”), you agree to be bound by (a) these Terms and Conditions; (b) our House Rules; (c) our Privacy Policy; and (d) the Rules applicable to our sportsbook as further referenced at paragraph 2 below (together the "Terms" or “Agreement”), and are deemed to have accepted and understood all the Terms.
Please read the Terms carefully and if you do not accept the Terms, do not use visit or access any part (including, but not limited to, sub-domains, and source code and/or website APIs, whether visible or not) of the bet365 Services.
2. Where you place a bet or wager, using the bet365 Services, you accept and agree to be bound by, the Rules which apply to the applicable products available through the bet365 Services from time to time. The Rules can be found under the Help tab of the applicable section of the Website, or more specifically at:
(a) the Rules for the bet365 Sportsbook are available by clicking here.
3. “bet365”, “we”, “our” or “us” refers to Hillside (Iowa) LLC, a Limited Liability Company, and with its principal place of business at 9000 Lincoln Dr. East, Suite 200, Marlton, NJ 08053. The bet365 Services are operated and controlled by bet365 under an agreement with Casino Queen Marquette, Inc, pursuant to the oversight, regulatory requirements, and licensing of the Iowa Racing and Gaming Commission ("IRGC").
4. We may need to change the Terms from time to time for a number of reasons (including to comply with applicable laws and regulations, and regulatory requirements). Any minor or insubstantial changes may be made at any time and you are advised to review the Terms on a regular basis. The most up to date Terms will be available on the Website. To obtain a copy of these Terms at any time Contact Us. All major changes will be notified to you in advance of such changes taking effect. If any change is unacceptable to you, you should cease using the bet365 Services and/or close your account. If, however, you continue to use the bet365 Services after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
5. Reference to "you", "your" or the "customer" is reference to any person using the Website or the bet365 Services and/or any registered customer of bet365.
6. bet365 is committed to providing excellent customer service. As part of that commitment, bet365 is committed to supporting responsible gaming. For further details, please click here.
B. YOUR BET365 ACCOUNT
1. Eligibility and Application
1.1 It is a criminal offense for anyone under the age of 21 (twenty-one) to participate in wagering online, and no one under the age of 21 (twenty-one) is permitted to use the bet365 Services. We reserve the right in our sole discretion to request proof of age or re-confirm such information from you at any time. We may terminate your account and prohibit you from using the bet365 Services if proof of age is not provided or if we suspect that you are not at least 21 (twenty-one) years old.
1.2 There are Federal prohibitions and restrictions regarding Internet gaming, specifically, any limitations upon Internet gaming as set forth in 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§ 3163 through 3167 (UIEGA). It is a federal offense and a violation of Iowa law (IAC 491-13.5(3)(b)) for persons physically located outside of the State of Iowa to engage in internet or mobile wagering in the State of Iowa. In order to participate in wagering offered through the bet365 Services, you must be physically located in the State of Iowa. You agree that you will not attempt to participate in such wagering activities while physically located outside of the State of Iowa unless explicitly authorized by the IRGC, and acknowledge that any such attempt could result in enforcement actions against you. We, our third-party service providers, and the IRGC will utilize tracking technologies to verify and record your physical location when you are participating or are attempting to participate in wagering through the bet365 Services (“Geolocation Technologies”). These Geolocation Technologies will report the physical location of the device you are using to access wagering through the bet365 Services to us. By registering for an account through the bet365 Services and/or by using the bet365 Services, you consent to the above-described uses of Geolocation Technologies, and to storage of records confirming your location within the State of Iowa for a period of three (3) years as required by applicable law.
1.3 All information supplied when registering with the site MUST be accurate and complete in all respects. Where this is not the case, we reserve the right to suspend the account and treat any deposits into the gambling account as being invalid (and any winnings arising from such deposit as void). Where an account is suspended, the relevant customer should Contact Us. You understand and agree that we are unable to provide you with any legal advice or assurances, and we make no representation or warranty, in respect of the legality of your use of the bet365 Services. You are solely responsible for confirming that your registration with, and use and continued use of, the bet365 Services complies with all laws that apply to you. You represent, warrant, and agree to ensure that your use of the bet365 Services will comply with all applicable laws and regulations. Please consult your own legal counsel if you have any questions about the legality of your use of the bet365 Services.
1.4 bet365 may confirm a customer’s address by mailing an address verification letter to the customer. All correspondence will be discreet and the envelope will not display any reference to bet365. When such correspondence is initiated, all offers and withdrawal requests may remain pending until the address has been confirmed as correct.
1.5 By accepting the Terms, using the Website and/or registering to use the bet365 Services you hereby agree that we shall be entitled to conduct and process your information in relation to any and all such identification, credit and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the bet365 Services and our products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.
1.6 Customers may open only one account, and you must register using your own legal name. You may only access the bet365 Services from your own account and you are prohibited from permitting any other person to access or use your account.
1.7 Customers must keep their registration and account details up to date. This, and your account information, may be amended in the Personal section of the Website. If you require any assistance, please Contact Us.
2. Account Details
2.1 bet365 allows all its customers to choose their own Username/Password combination for their account. Customers must keep this information secret and confidential as you are responsible for all bets/wagers placed on your account and any other activities taking place on your account. At your option, you can select to require “strong authentication” for your account. With strong authentication, each time you log into your account, we will send you an email or SMS, where valid, containing a temporary PIN number. You must then enter the temporary PIN number during account login to access your account.
2.2 Bets will stand if your Username and Password have been entered correctly (whether or not authorized by you), subject to there being sufficient funds in the account.
2.3 If, at any time, you forget your password or feel or know that a third party is aware of your Password you must change it immediately via the Website. Should you forget all or part of your login credentials, please visit Lost Login on the homepage. If you are unable to remember your four-digit security number, please Contact Us for further assistance. We will confirm each successful Password reset via email to the email associated with your account.
2.4 Please note that cardholder details and any other sensitive data should never be sent to us by unencrypted email.
2.5 The current balance and transaction history of your account may be viewed at any time once you have logged into your account on the Website.
3. Personal Details
3.1 Use of the bet365 Services is subject to the terms of our Privacy Policy, which are incorporated into and made part of these Terms. By using the bet365 Services, you acknowledge that you have read and agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the bet365 Services, account registration, and any other personal information provided by you, in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.
4. Suspension and Closure
4.1 If you want to close your account, you can do this by visiting the Members section or alternatively please Contact Us. Any negative balance on your account will fall immediately due and payable to bet365, and your account will not be closed until the relevant amount owed to bet365 is paid in full.
4.2 bet365 reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, bet365 shall be entitled to close or suspend your account if:
(a) you become bankrupt;
(b) bet365 considers that you have used the bet365 Services in a fraudulent manner or for illegal and/or unlawful or improper purposes;
(c) bet365 considers that you have used the bet365 Services in an unfair manner, have deliberately cheated or taken unfair advantage of bet365 or any of its customers or if your account is being used for the benefit of a third party;
(d) bet365 is requested to do so by the police, any regulatory authority or court;
(e) bet365 considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur; or
(f) your account is deemed to be dormant and its balance is, or reaches zero in accordance with paragraph B.5.1 below.
4.3 If bet365 closes or suspends your account for any of the reasons referred to in (a) to (e) above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by bet365 (together “Claims”) arising therefrom and shall indemnify and hold bet365 harmless on demand for such Claims. In the circumstances referred to in (a) to (e) above, bet365 shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any winnings, Bet Credits or bonus payments).
4.4 You should be aware that if you breach any of the Terms, you may also be committing a legal offense, and you may be subject to legal action, including prosecution. We reserve the right to cooperate with law enforcement and other regulatory authorities, including the IRGC, in investigating claims of suspicious or presumed illegal activity on the bet365 Services.
5. Abandoned Accounts
5.1 Pursuant to IAC 491-13.2(9), your account will be deemed “abandoned” if no activity by you has occurred for 3 years. Player activity includes making a wager, making an account deposit, or withdrawing funds.
5.2 If your account becomes abandoned, we will attempt to contact you. If you do not respond, the funds in your account will be deemed abandoned and remitted to the State Treasurer of Iowa, in accordance with applicable law.
C. YOUR FINANCES
1. Deposits and Wagers
1.1 You may only bet/wager with the amount of cleared funds held in your account. Accordingly, if you want to place bets, you must deposit monies into your account. Further details of how to deposit, withdraw and transfer funds can be found at Deposits/Withdrawals.
You may on occasion be awarded Free Bets or Bet Credits, which can be used to fund or part fund bets. Free Bets and Bet Credits are non-withdrawable and not included in any returns. Any returns gained from bets placed using either method will be added to your Withdrawable Balance. The terms of use for Free Bets and Bet Credits will be available on the relevant promotions page or communication from us.
1.2 By depositing funds into your account, you direct us and we agree to hold them, along with any winnings, for the sole and specific purpose of using them (a) to place bets/wagers; and (b) settling any fees or charges that you might incur in connection with the use of our services (Purpose). We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to place sporting bets/wagers. In such circumstances we may also report this to relevant authorities.
1.3 You agree that we shall be entitled to retain any interest which might accrue on monies held in your bet365 account.
1.4 No credit will be offered by any employee of bet365, and all bets must be supported by sufficient funds in the customer account. bet365 reserves the right to deem no action any bet/wager which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet/wager. Should funds be credited to a customer's account in error it is the customer's responsibility to inform bet365 without delay. bet365 will recover such funds by account adjustment.
1.5 Unless otherwise stated, all examples given on the Website are in United States Dollars.
1.6 In addition, bet365 shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your ‘unauthorized’ use of the bet365 Services including activities which are not for an authorised purpose.
1.7 bet365 does not charge for deposits made by Debit Card, however please be aware that some card issuers consider betting transactions as ‘cash’ payments and therefore may charge you a cash advance fee. Please check with your card issuer for further details.
2. Withdrawals
2.1 Where possible, all withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder.
2.2 For most payment types, withdrawals can be processed by clicking 'Withdraw' on the Website, subject to there being sufficient funds in your betting account. There is no set maximum withdrawal amount per day but withdrawal requests for amounts greater than $20,000 may require additional arrangements. For full details on each specific payment type, please refer to Deposits/Withdrawals.
2.3 We have a separate bank account for the sole and specific purpose of protecting money that you have asked to withdraw while it is on its way to you. We agree with you to maintain a balance of our money in that account for that sole and specific purpose. Therefore, in the event of our insolvency before the withdrawn amount reaches you, an equivalent amount in that account would belong to you and would not fall into the hands of the liquidator. The bank has acknowledged that the balance in that account is held solely for the specific purpose mentioned. The bank has confirmed that it will not mix the balance with any other, including our other balances, and that it has no claim on the funds itself.
2.4 If the value of a deposit is not played through in full before a withdrawal is requested, bet365 reserves the right to make a charge to the customer’s account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.
3. Other
3.1 If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred.
3.2 We may, at any time, set off any positive balance on your account against any amounts owed by you to bet365 or any company within the bet365 group.
3.3 You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction.
D. BETTING PROCEDURES
1. Placing Bets/Wagers
1.1 bet365 reserves the right to decline all, or part, of any bet/wager requested at its sole and absolute discretion. All bets/wagers are placed at your own risk and discretion.
1.2 We only accept bets/wagers made online (including via mobile device or downloadable applications on a mobile device). Bets/wagers are not accepted in any other form (mail, email, fax, telephone etc.) and where received will be invalid and deemed no action - win or lose.
1.3 It is the responsibility of the customer to ensure details of their bets/wagers are correct. Once bets/wagers have been placed they may not be canceled by the customer. Bets can only be changed by the customer using our Edit Bet feature, where this is available. bet365 reserves the right to cancel any bet/wager at any time.
1.4 Your funds will be allocated to bets/wagers in the order they are placed and will not be available for any other use. bet365 reserves the right to void and/or reverse any transactions made after a bet/wager has been placed involving allocated funds, either at the time or retrospectively.
2. Bet/Wager Confirmation
2.1 Bets/wagers will not be valid if there are insufficient funds in your account.
2.2 A bet/wager that you request will only be valid once accepted by bet365’s servers. Each valid bet/wager will receive a unique transaction code. We shall not be liable for the settlement of any bets/wagers which are not issued with a unique transaction code. If you are unsure about the validity of a bet/wager, please check your account history, or Contact Us.
2.3 Notwithstanding the above, if bets/wagers are placed via a Debit Card, they are not valid until we have received payment in full. The bet/wager will be automatically void if we have not received the payment prior to the relevant event commencing.
2.4 Should a dispute arise, you and bet365 agree that the bet365 transaction log database will be the ultimate authority in such matters.
3. Offers
3.1 For full details on Offers please refer to he relevant promotions page or communication from us.
3.2 Where any term of an offer or promotion is breached or there is any evidence of a series of bets placed by a customer or group of customers, which due to enhanced payments, Free Bets, Bet Credits or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, bet365 may reclaim the enhanced payment, Free Bet or Bet Credit element of such offers and/or deem no action any bet funded by the Free Bet or Bet Credits. In addition, where there is evidence of such activity, bet365 may levy an administration charge on the customer up to the value of the Bet Credits, Free Bet or enhanced payment towards the administrative costs incurred in identifying and taking action against the activity.
3.3 bet365 may reclaim any bonus amount, Free Bets, Bet Credits or enhanced payments that have been awarded in error.
3.4 All customer offers are limited to one per person. If bet365 has reasonable grounds to suspect that a bonus or offer is being claimed by or for the benefit of the same person more than once or by a group of people then it may withdraw the availability of any offer or all offers to that customer or group of customers and/or deem no action any bet funded by the bonus or offer and remove any winnings from such bet.
3.5 bet365 may, at any time, make minor amendments to the Terms and Conditions of any offer or promotion to correct typographical errors or to improve on clarity or customer experience and may cancel any offer or promotion for legal or regulatory reasons.
4. Settlement and Payouts
4.1 Settlement and Payouts of all bets and wagers are subject to the House Rules and, Sports Rules.
4.2 Any taxes associated with the payment of any winnings or prizes are your sole responsibility.
4.3 bet365 shall, in its sole discretion, deduct and/or withhold any taxes as may be required under any Federal, State or local law or regulation from any and all amounts which would have otherwise been payable to you (including any winnings or bonus payments) at the maximum applicable rate. In addition, you agree to provide any information or documentation to us that may be necessary or desirable in connection with any filing we are required to make under any Federal, State or local law or regulation and/or to withhold or delay any credit to your account for such time as may be necessary in order to fulfil any such requirements.
4.4 You acknowledge that we will, where applicable, make available Form W-2G to you and the relevant authorities.
4.5 In relation to any filing we are required to make under any Federal, State or local law or regulation as a result of activity on your account you confirm that, under penalties of perjury, your name, address, and taxpayer identification number are the same as those registered to your account and such information correctly identifies you.
4.6 You agree that your acceptance of these Terms shall serve as an electronic signature on any tax documents or filings required during your use of the bet365 Services.
4.7 You consent to receive your tax related information electronically.
5. Other Provisions
5.1 The following provisions apply in the event you are disconnected while using the bet365 Services:
(a) If the activity requires no additional action or input on your part at the time you are disconnected, the applicable sportsbook will produce the final outcome, and when you reconnect to the bet365 Services, the final outcome will be available for your review.
5.2 Upon your reasonable request, we will make available to you a copy of your account statement, detailing your account activity (including wagering history). You hereby consent to the monitoring and recording by us, our third-party service providers, and the IRGC of all wagering communications you make through the bet365 Services.
E. USE OF THE BET365 SERVICES
1. Website Content and Permitted and Prohibited Use
1.1 Information or data accessed by you via the bet365 Services or any part of the Website (including but not limited to results, statistics, sporting data and fixture lists, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information or data is strictly prohibited. No warranty is given as to the uninterrupted provision of such information or data, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.
1.2 Any commercial use or exploitation of the whole or any part of, the Website, the information or data on the Website (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), and/or any other information or data on the Website its content and/or its source code is strictly prohibited.
1.3 The use of automated systems or software to copy and/or extract the whole or any part of, the Website, the information or data on the Website (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), and/or any other information or data on or contained within or as part of from the Website and/or its source code for any purposes (known as "screen scraping") is strictly prohibited.
2. Your Equipment
2.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the bet365 Services. bet365 does not guarantee that the bet365 Services will operate without faults or errors or that the bet365 Services will be provided without interruption. bet365 does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place bets or wagers or to view or receive certain information in relation to particular events).
2.2 Click here for further information relating to bet365 Services accessibility requirements and technical issues relevant to use of the bet365 Services.
3. Fair Use
3.1 The bet365 Services and bet365 products may only be used for the purposes of placing bets and wagers on events.
3.2 You must not use the bet365 Services for the benefit of a third party or for any purpose which (in bet365’s opinion) is illegal, defamatory, abusive or obscene, or which bet365 considers discriminatory, fraudulent, dishonest or inappropriate.
3.3 bet365 will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the bet365 Services or bet365's products. bet365 will withhold payment to any customer where any of these are suspected or where the payment is suspected to be for the benefit of a third party. The customer shall indemnify and shall be liable to pay to bet365, on demand, all Claims (as defined in paragraph B.4.3 above) arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.
3.4 You must not utilize automated computerized software or other equivalent mechanisms, such as a “bot”, in connection with your use of the bet365 Services, including for the purposes of placing bets and wagers on sportsbook products.
4. Software and Technology Issues
4.1 In order for you to use certain products offered through the bet365 Services you may need to download some software. Also, certain third party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software. bet365 does not accept any liability in respect of any third party software.
4.2 You are only permitted to use any and all software made available to you via the bet365 Services for the purpose of using products on the bet365 Services and, save to the extent permitted by applicable law, for no other purposes whatsoever.
4.3 We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing products on the bet365 Services, in accordance with the following provisions.
(a) You are not permitted to: (i) install or load the software onto a server or other networked device or take other steps to make the software available via any form of "bulletin board", online service or remote dial-in or network to any other person; (ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these Terms) your license to use the software or make or distribute copies of the software; (iii) enter, access or attempt to enter or access or otherwise bypass bet365’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the bet365 Services or attempt to make any changes to the software and/or any features or components thereof; or (iv) copy or translate any user documentation provided 'online' or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs, you are not permitted to: (a) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or (b) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.
(b) You do not own the software. The software is owned and is the exclusive property of bet365 or a third party software provider company (the "Software Provider"). Any software and accompanying documentation which have been licensed to bet365 are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
(c) The software is provided "as is" without any warranties, conditions, undertakings or representations bet365 does not warrant that: (i) the software will meet your requirements; (ii) the software will not infringe any third party’s intellectual property rights; (iii) the operation of the software will be error free or uninterrupted; (iv) any defects in the software will be corrected; or (v) the software or the servers are virus-free.
(d) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither bet365 nor the Software Provider will have any liability to you or to any third party in respect of such errors. bet365 reserves the right in the event of such errors to remove all relevant products from the Website and take any other action to correct such errors.
(e) You hereby acknowledge that how you use the software is outside of bet365’s control and at your own risk.
(f) The software may include confidential information which is secret and valuable to the Software Provider and/or bet365. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms.
4.4 While bet365 endeavors to ensure that the Website is available 24 hours a day, bet365 shall not be liable if for any reason the bet365 Services are unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the bet365 Services and the content or services or products available through it, including your access to it.
4.5 You must not misuse the bet365 Services by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the bet365 Services or any part of it; any equipment or network on which the bet365 Services are stored; any software used in connection with the provision of the bet365 Services; or any equipment, software or website owned or used by a third party. You must not attack the bet365 Services via a denial-of-service attack. Save where we have not taken reasonable steps, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the bet365 Services, software or to your downloading of any material posted on it, or on any website linked to it.
5. Third Party Content
5.1 bet365 receives feeds, commentaries and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
5.2 bet365 does not accept any liability in respect of any third party feeds, commentaries and content.
5.3 bet365 does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to a third party service provider (to be determined in bet365’s absolute discretion) to bet/wager on any market or event where the third party service provider is providing a service to bet365. bet365 will deem no action any bet/wager where it determines in its absolute discretion that such betting/wagering has taken place.
5.4 Where the bet365 Services contain links to third party websites and resources, these links are provided for your information only. bet365 has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services (if applicable).
6. Other
6.1 bet365 actively monitors traffic to and from the bet365 Services. bet365 reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.
6.2 bet365 reserves the right to restrict access to all or certain parts of the bet365 Services in respect of certain jurisdictions.
6.3 bet365 may alter or amend the products offered via the bet365 Services at any time and for any reason.
6.4 From time to time, all or part of the bet365 Services may be unavailable for use by you because of our maintenance of the bet365 Services and/or alteration or amendment of any of the bet365 Services products.
F. OUR LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BET365 SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND BET365’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “BET365 AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE BET365 SERVICES, WHETHER EXPRESS OR IMPLIED.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE BET365 SERVICES, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY MARKETING OF THE BET365 SERVICES; (C) FOR ANY DEFECTIVE FEATURE, FUNCTION, OR COMPONENT OF THE BET365 SERVICES; (D) FOR ANY INCORRECT OR INACCURATE INFORMATION, (E) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (F) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BET365 SERVICES, OR (G) FOR ANY OTHER MATTER RELATING TO THE BET365 SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BET365 AND YOU. THE BET365 SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF BET365 AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF ANY DEPOSITS AND WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS AND WINNINGS UNDER THESE TERMS) REMAINING IN YOUR ACCOUNT AT THE TIME OF YOUR CAUSE OF ACTION OR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT HAVE ANY SUCH DEPOSITS OR WINNINGS IN YOUR ACCOUNT AT THE TIME OF SUCH CAUSE OF ACTION OR CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BET365 IS TO STOP USING THE BET365 SERVICES AND CANCEL YOUR ACCOUNT.
3. IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO THE BET365 SERVICES, AND RESULTING IN LOSS, CORRUPTION, OR MISCALCULATION OF DATA OR WINNINGS OR BONUS MONEY AMOUNTS, TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND BET365 SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY BY BET365 IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. BET365 IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. IF ANY SUCH ERROR OR MISCALCULATION RESULTS IN OVERPAYMENT TO YOU OF WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO RECEIVE OR RETAIN SUCH WINNINGS, SHALL IMMEDIATELY INFORM US OF THE ERROR, AND SHALL REPAY ANY SUCH WINNINGS TO US (OR BET365 MAY, IN ITS SOLE DISCRETION, DEDUCT AN AMOUNT EQUAL TO SUCH WINNINGS FROM YOUR ACCOUNT, SET OFF SUCH AMOUNT AGAINST ANY OTHER WINNINGS OWED TO YOU, OR TAKE ANY OTHER ACTION NECESSARY TO COLLECT SUCH WINNINGS AS PERMITTED BY APPLICABLE LAWS AND REGULATIONS).
4. TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY YOU HAVE ENGAGED TO GAIN ACCESS TO THE BET365 SERVICES.
5. Nothing in this Section F shall limit bet365's liability to pay the customer winnings or other sums properly owing to it, subject always to these Terms and the maximum winnings as outlined in the House Rules.
6. Nothing in these Terms shall exclude or limit bet365’s liability for:
(a) death or personal injury caused by bet365’s negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot be excluded or limited under applicable law.
G. INTELLECTUAL PROPERTY RIGHTS
1. All the trademarks, service marks, trade names, copyrights, graphics, audio, songs, logos and other intellectual property used on or appearing through the bet365 Services belongs to us or our licensors. You acknowledge that by using the bet365 Services, including through the downloading of any software, you obtain no rights (and shall not claim any rights) in any content of the bet365 Services, any downloaded software, or any part thereof, other than the license to use the same as provided for in these Terms. Under no circumstances may you use any content of the bet365 Services without our prior written consent. You further agree to not use the bet365 Services in any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with these Terms.
2. Certain functionality relating to Cash Out is licensed from Colossus (Isle of Man) Ltd under one or more of the following US Patent Nos.: 10,102,716; 9,704,338; 9,424,716; 9,275,516; 9,196,126; 9,117,341; 8,721,439; 8,721,438; 8,734,241; 8,708,811 and 8,602,884.
3. If you make use of a feature that allows you to upload material, information, comments, postings or other content to the bet365 Services ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and bet365 has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. bet365 also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the bet365 Services constitutes a violation of their intellectual property rights or of their right to privacy. bet365 has the right to remove, amend or edit any User Content you make on the bet365 services.
3.1 You understand that all User Content, whether publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us for posting, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, etc.), do not use such information as part of your screen name or profile page, post it or submit it for posting to public-facing portions of the bet365 Services. To the fullest extent permitted by law, we will not be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the bet365 Services.
3.2 By posting any User Content through the bet365 Services, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the bet365 Services or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the bet365 Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the bet365 Services.
4. We respect the intellectual property rights of others and require that bet365 customers do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to bet365’s registered Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• A physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the bet365 Services;
• Your address, telephone number and email address;
• 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
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent:
ATTN: Copyright Agent
Hillside (Iowa) LLC, a Delaware limited liability company located at Two Greentree Center 9000 Lincoln Drive East, Suite 200, , Marlton, NJ 08053
Email: copyrightnotices@bet365.com.
H. OTHER PROVISIONS
1. These Terms, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the bet365 Services constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the bet365 Services you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
3. The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) do not exclude any other rights or remedies available in law.
4. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
5. You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms that bet365 may from time to time reasonably require in order to vest in and secure to bet365 the full benefit of rights and benefits to be transferred or granted to bet365 under these Terms and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms.
6. Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms.
7. bet365 shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
8. bet365 may assign, transfer, charge, sub-license or deal in any other manner with these Terms, or sub-contract any of its rights and obligations under these Terms, to any party including any company within the bet365 group.
9. Any notice to be given under these Terms must be in writing, in English and may be served by hand delivery, certified or registered mail, return receipt requested, postage prepaid, through a national overnight courier service, email or fax to: (a) in the case of bet365, the address of the relevant bet365 company as set out at the beginning of these Terms or as displayed on the bet365 Services; and (b) in respect of notices given by bet365 to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to bet365). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by overnight courier service, at 09.30 (Eastern Standard Time) on the day after the date of mailing; (c) if sent by pre-paid certified or registered airmail, at 09.30 (Eastern Standard Time) on the fifth day after mailing; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.
10. The Appendices, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the bet365 Services form an integral part of these Terms and shall have effect as if set out in full in the body of these Terms. In the event of any inconsistency between the main body of these Terms and the Appendices, the Privacy Policy, the Rules and/or any document expressly referred to in them and any guidelines or rules posted on the bet365 Services, unless stated otherwise, the main body shall prevail.
I. DISPUTES, GOVERNING LAW AND JURISDICTION
1. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa, as it is applied to agreements entered into and to be performed entirely within such State, without regard to conflict of law principles. You agree that all disputes, claims and causes of action relating to this Agreement, the bet365 Services, the Rules, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in the City of Des Moines, Iowa before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. PLEASE NOTE: YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO FILE SUIT IN A COURT OF LAW (INCLUDING ANY CLASS ACTION SUIT) TO ENFORCE YOUR RIGHTS UNDER THIS AGREEMENT. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (1) year after the claim arises. You agree that a proceeding commenced after this date is barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the bet365 and its affiliates or other third party licensors, and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
J. Customer Complaints
1. Any complaints should be directed to our support team. If you have any complaint or issue relating to the bet365 Services, you can do so via Live Chat, Email, Telephone, Web Message or Mail. Your complaint will be assigned to an individual member of our Customer Service team to assess and resolve. We will endeavor to respond within 24 hours. If you are not satisfied with the way that your complaint was handled by our support team, our management may intervene to resolve any outstanding grievance. You agree to follow and exhaust any grievance/dispute resolution policy we may put in place from time-to-time. After all reasonable steps have been taken by you and us to resolve your complaint, you may contact the IRGC. The IRGC may be contacted at:
Iowa Racing and Gaming Commission
DMACC Capitol Center
1300 Des Moines Street, Suite 100
Des Moines, IA 50309
(515) 281-7352
IRGC@iowa.gov
2. We reserve the right to provide a copy of your complaint and relevant documentation to IRGC.
3. If you have a complaint, please Contact Us.