END USER LICENSE AGREEMENT WITH HORSE RACES NOW
I. TERMS AND CONDITIONS
WELCOME TO HORSE RACES NOW
This agreement describes the terms and conditions applicable to the use of
the account wagering services provided by HORSE RACES NOW. The use of our
wagering system will be taken as your acceptance of all of these terms,
conditions, and disclosures contained herein.
To establish or maintain a wagering account, you must be:
• Of legal age based on state minimum requirements;
• A United States citizen or resident alien; and
• A resident of a state where wagering services are permitted.
WAGERING ACCOUNT PROCEDURES
You may access your account and place wagers through the mobile application
available in iTunes and through a mobile site located at www.hrnbets.com
using tablets or mobile devices.
For your protection and privacy, the registered account holder can only
access a wagering account with a valid username or password.
For your benefit, wagers placed through HORSE RACES NOW wagering systems
are sent into combined (commingled) pools at the host racetrack and are
subject to all host racetrack rules and restrictions. From time to time
HORSE RACES NOW may operate separate wagering pools from the host racetrack
when pools cannot be commingled. Separate pools will be subject to rules
and regulations of the applicable jurisdictional authority.
All wagers are considered final when a confirmation is received from our
totalizator service provider and your wager is commingled with the host
pool. If for some reason we are unable to commingle your wager with the
host pool, your wager will not be accepted.
We reserve the right to refuse any wagering transaction for any reason.
Proceeds from successful wagers will be deposited into your account as soon
as each race is posted official and winning payouts are available from the
We reserve the right, at our sole discretion, to terminate an account at
any time and for any reason. In the event an account is terminated, we
shall return to you the balance of any funds in your account at the time of
termination. If the balance of funds in your account at the time of
termination is less than $2.00, we will retain the balance as an account
We reserve the right, at our sole discretion, to refer any dishonored
financial instruments to collection agencies, check registries and credit
reporting agencies and to collect any fees or charges incurred due to
dishonored financial instruments and expenses, incurred as a result of our
collection efforts, from the responsible accountholder.
You authorize us to obtain, at our discretion, credit bureau reports in
connection with your request for an account. If an account is opened, we
may obtain, at our discretion, credit bureau reports in connection with the
review of your account.
Horse Races Now reserves the right to exclude anyone from opening or
maintaining an account based on its business judgment. HRN shall refuse to
open an account to known or reputed book makers; any person who engages in
any activity which is deemed to be a gambling offense as defined by the
applicable Penal Laws of the State of Kentucky, New York and/or North
Dakota; a known fugitive from justice; and persons on HRN’s selfexclusion
list, as well as minors and residents of states which prohibit wagering
accounts (as applicable).
WAGERING TRANSACTION CANCELLATIONS*
As a HORSE RACES NOW subscriber you may request to cancel wagering
transactions on any race, with the exception of pools where cancellation is
prohibited by the racetrack (Future Pools) or prohibited by the racetrack’s
state jurisdictional authority. Wagering transaction cancellations may be
made as follows:
1. Online wagering transactions in the amount of $50 or less (in multiple,
exotic or super-exotic pools) may be cancelled online via the
Horse Races Now and www.hrnbets.com.
There is no limit to the number of wagers of $50 or less that may be
2. Online wagering transactions in the amount of $250 or less (in win,
place, and show pools) may be cancelled online via the Horse Races Now app
and at ww.hrnbets.com.
There is no limit to the number of wagers of $250 or less that may be
3. Players experiencing problems canceling wagers in the amounts as
expressed in 1 (a) (b) above need to contact the call center at
1-833-HRN-BETS in order to facilitate the cancels as desired.
4. Management reserves the right to customize a cancellation policy for
high volume players as they are identified. Regulatory
restrictions may exist within various States that will limit the degree to
customization available (if at all).
Important Wager Cancellation Restrictions
1. HORSE RACES NOW may refuse to accept a wager transaction cancellation
request for any reason.
2. HORSE RACES NOW may refuse to permit any account holder the privilege of
requesting or processing wagering cancellation requests for any reason.
3. Wagering transactions may be cancelled until wagering is closed by the
racetrack totalizator company for the racetrack hosting the live race on
which the wagering transaction was made.
4. Wagering transaction cancellations made by calling customer relations
staff will be processed in the order received. HORSE RACES NOW does not
guarantee cancellation of a wager.
*VA Residents Only –Wagering transaction cancellations are limited to $250
online at www.horseracesnow.com/action. All wagering transaction
cancellation requests over $250 must be reviewed and approved by a HORSE
RACES NOW customer relations supervisor and will be reported to the VA
Racing Commission as appropriate.
NY Residents – An account wager is allowed to be cancelled before the start
of the race but after Horse Races Now has accepted and processed the wager
subject to the following limitation: for wagers greater than $500 in win,
place and show pools on any betting entry, and for wagers greater than $50
on any one combination in multiple, exotic or super-exotic pools, the
account holder’s request to cancel shall be referred to Horse Races Now’s
management. Management shall refuse any cancellation that may cause
substantial altering of odds, prices or betting totals, and shall certify
in writing to the New York State Gaming Commission its finding either
accepting or rejecting such request.
The following represents Horse Races Now’s Policy related to Player
To place oneself on Horse Races Now’s Self-Exclusion List the player needs
to simply send an email to email@example.com. In the body of
the email the player must include complete account details; full name and
username. The player can include additional details regarding the reasons
for placement on the self-exclusion list but this is not required.
Upon receipt of the self-exclusion request Horse Races Now will record the
date of the request along with all of the pertinent account details in a
database/spreadsheet. Included in these details will be the full first and
last name of the account holder, the account number, any notations provided
by the player in their self-exclusion list request.
The details contained within the Self-Exclusion List are accessible by a
small group of Horse Races Now personnel. Senior Operations and select IT
staff are the only personnel with access to this list.
A player may request to be removed from Horse Races Now’s SelfExclusion
List at any time. To do this the player must submit the request to
firstname.lastname@example.org. Similar details to those captured at the
time of the original request will be recorded and maintained within a
Anything more than a single request for placement on Horse Races Now’s Self-Exclusion List or anything more than a single request for
removal from Horse Races Now’s Self-Exclusion List will prompt a call from
Horse Races Now’s Customer Service Team. Engagement with the player
directly will be conducted in order to ascertain the circumstances involved
with the request being submitted.
Horse Races Now reserves the right to maintain a player on the
SelfExclusion List at its sole discretion, even upon a player’s request for
removal from the Self-Exclusion List. No request to be placed on the Horse
Races Now Self-Exclusion List will be denied.
Horse Races Now, LLC complies with Internal Revenue Service (IRS)
requirements for reporting and withholding proceeds from wagers placed by
account holders residing in the U.S. Pursuant to these reporting
requirements, You agree to indemnify and hold harmless Horse Races Now, LLC
for any claims, demands, liens or judgments based on nonpayment or
underpayment of such U.S. taxes. You hereby grant to Horse Races Now, LLC a
priority lien and security interest in all of Your rights, title and
interest in and to the proceeds of any Wager only to the extent required to
satisfy any U.S. taxing authority claims or liens. If you are subject to
IRS reporting and/or withholding requirements, we will send you Form W2-G
summarizing information for tax purposes following the winning wager, less
any applicable withholding, being deposited into your account. Upon written
request to email@example.com, we will provide you with summarized
tax information on your wagering activities.
You agree to file any financing statements or other appropriate document
with the relevant governmental authorities to assure the validity, priority
and enforceability of the claim or lien. You shall not grant a lien or
security interest on the proceeds of any Wager to any third party without
prior the written consent of Horse Races Now, LLC.
WAGERING ACCOUNT BALANCE, DEPOSIT, AND WITHDRAWAL
Account deposits will be made available for customer use in accordance with
normal financial industry availability standards. Deposits may be subject to deposit fee charges. Withdrawal
requests will be processed within five business days after receipt. The
availability of withdrawn funds is subject to standard banking
Your account balance bears no interest.
You can check account balances through our various wagering platforms or by
calling our Customer Relationship Representatives at 833-HRNBETS.
DISCLOSURES AND POLICIES
Please note: Your wagering account is for your personal use and is
nontransferable. We reserve the right to void any wagering transaction if
there is reason to believe that someone other than you deposited funds in
or placed a wager from your account. By law, you must immediately notify us
of a change in your state of residency by calling 833-HRN-BETS.
If you move to a state where wagering services are not available, we are
required to terminate the account and return to you all remaining funds.
Horse Races Now reserves the right to terminate an account at any time and
for any reason.
For your information, the data we (or any of our suppliers and/or service
providers, including but not limited to (Equibase Company LLC, Amtote,
TrackMaster, Vantiv, GambleID) provide or compile generally is accurate,
but occasionally errors and omissions occur as a result of incorrect data
received from others, mistakes in processing and other causes. Accordingly,
we along with our data providers, suppliers, and/or service providers,
including but not limited to Equibase Company LLC, Amtote, TrackMaster,
Vantiv, GambleID, disclaim responsibility for the consequences, if any, of
such errors and omissions, but would appreciate notification of any errors.
HORSE RACES NOW will report any activities that we reasonably believe
constitute fraud or theft to the appropriate law enforcement authorities
and may prosecute such activities to the full extent of the law. To the
extent permitted by law, HORSE RACES NOW will retain the proceeds resulting
from such fraudulent activity or theft and use those funds to pay for
damages and losses resulting from such fraudulent activity or theft.
Except where provided otherwise by the North Dakota Racing
Commission, in no event will we or our suppliers be liable for lost profits
or any special, incidental or consequential damages arising out of or in
connection with our services (however arising, including negligence). Our
liability, and the liability of our suppliers, to you and any third parties
in any circumstance is limited to the greater of (A) the total amount of
wagers made by you through your account in the month prior to the action
giving rise to liability, and (B) $100. Some states may not allow this
limitation of liability, so the foregoing limitation may not apply to you.
You agree to defend, indemnify and hold harmless HORSE RACES NOW, its
suppliers, distributors, contractors, subcontractors and its affiliates and
related entities and their respective directors, officers, employees and
agents, from and against all claims, losses, damages, liabilities and costs
(included but not limited to reasonable attorneys’ fees and court costs),
arising out of or relating to your breach of these Terms and Conditions.
The foregoing indemnification obligation shall survive termination of these
Terms and Conditions and End User License Agreement and your purchase of
any product or service provided to you by HORSE RACES NOW, its suppliers,
distributors, contractors, subcontractors and its affiliates.
Any claim alleging that a non-payment has occurred will be resolved
under the rules issued by the North Dakota Racing Commission. All other
controversies or claims arising out of or relating to our services
(including but not limited to our account wagering services) will be
settled by binding arbitration in accordance with the rules of the
American Arbitration Association. Any such controversy or claim will be
arbitrated on an individual basis, and may not be consolidated in any
arbitration with any claim or controversy or any other party. The
arbitration will be conducted in Bismark, North Dakota and judgment on
the arbitration award may be entered into any court having jurisdiction
over the losing party. Any party to the arbitration may seek any
interim or preliminary relief from a court of competent jurisdiction in
Bismark, North Dakota necessary to protect the rights or property of
such party pending the completion of arbitration.
*Maryland Residents Only: Unresolved claims alleging that nonpayment has
occurred or unresolved exceptions to an account activity report will be
resolved under the Telephone Account Betting Rules issued by the Maryland
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR
All requests for information, questions, account reconciliation, wagering
discrepancies, etc., must be made to our Customer Relations Department by
For your protection, all conversations with our Customer Relationship
Representatives through 833-HRN-BETS are recorded and archived.
Account wagering rules, policies, terms, conditions, and procedures are
subject to change at any time. Changes will be posted on our Web site
www.horseracesnow.com and can be obtained by calling 833-HRN-BETS.
It is your responsibility to be aware of all wagering rules, policies,
terms, conditions, and procedures, including any subsequent changes.
This service has been approved by the North Dakota Racing Commission. All
accounts are maintained and wagering information is processed at a licensed
facility located in Oregon. It is not intended to be an offer or
solicitation in those states where prohibited.
June 4, 2014
Please read this policy carefully to understand our policies and
practices regarding your information and how we will treat it. If you
do not agree with our policies and practices, your choice is not to use
HORSE RACES NOW. By accessing or using HORSE RACES NOW,
time. Your continued use of HORSE RACES NOW after we make changes is
deemed to be acceptance of those changes, so please check the policy
periodically for updates. If you have previously provided personally
identifiable information such as username and password, email address,
first name, and last name through http://www.horseracesnow.com/ or our
Horse Races Now Application, that information will continue to be
The information you provide to HORSE RACES NOW is governed by this
PROTECTING YOUR PRIVACY
Protecting your privacy, along with financial transactions, is at the core
of HORSE RACES NOW’s business. This notice describes the type of personally
identifiable information we collect and how we use such information.
TYPE OF PERSONALLY IDENTIFIABLE INFORMATION COLLECTED
We collect, retain and use information about you to protect and administer
your account and funds; to comply with applicable state and federal laws
and regulations; and to help us design, improve and provide products and
services in order to better serve you. When you subscribe as a HORSE RACES
NOW customer or when you submit a request or electronically pass
information to HORSE RACES NOW, you are sometimes asked to provide certain
information, such as your name, e-mail address, mailing address, telephone
numbers, social security number, birth date, credit card or bank account
information. We ask for this in order to facilitate your requests, provide
personalized services and communicate separately with you. Without your
written or electronic consent, we will not collect personal information
over our system unless it is necessary to provide you with our services or
to prevent unauthorized access to our services.
DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
You have chosen to do business with us, and we recognize our obligation to
keep the information you provide to us secure and confidential. In our
continuous effort to provide services that we believe you may find useful
or of value, we may make your records available to better facilitate your
requests, provide more personalized services and communicate separately
with you. From time to time, we will use the information we collect to
coordinate data entry and payments with the company that provides you with
handicapping information, to coordinate marketing/rewards programs with
partner racetracks, and to offer other enhancements to the service. Any
third party receiving such information will have an obligation to hold it
confidential. Without your written or electronic consent or where necessary
to provide our services, we will not disclose your personally identifiable
data to other companies outside of HORSE RACES NOW or our affiliated
companies. HORSE RACES NOW does not currently sell customer information to
advertisers or third party marketers. If we choose to do so in the future,
we will provide you with information about how to remove your name from
such lists. You will be provided with at least thirty (30) days within
which to remove your name from such lists.
If you would prefer that we not share any of your information with third
parties, except under the circumstances where we are legally required,
please contact us in writing at HORSE RACES NOW, 2651 Russell Cave Dr.,
Lexington, KY 45211 to this effect.
In circumstances where we inadvertently obtain information that appears to
pertain to the commission of a crime or where we reasonably believe that an
emergency involving immediate danger of death or serious physical injury to
any person exists, HORSE RACES NOW may voluntarily disclose the record or
the contents of your communications or other information about you to law
enforcement agencies and governmental entities without providing you
advance notice. Upon receipt of an applicable search warrant or
administrative, grand jury or trial subpoena, HORSE RACES NOW may be
required to disclose to the government or law enforcement
agencies, without advance notice to you, the content of your
communications and other records relating to your electronic
communications, as well as the following records: your name and address;
records of your online communication (including session times and
duration); how long you have subscribed to our service(s) (including start
date) and the type(s) of service(s) utilized; your telephone number or
other subscriber account identifying number(s), including any Internet or
network address(es) assigned to you by our network; and the means and
source of your payment(s) (including wager history, deposits, withdrawals,
etc. as well as any credit card or bank account information).
PROTECTING ONLINE ACCOUNT INFORMATION AND
When you apply online to establish an account, access services or utilize
online wagering, you provide personal and confidential information that is
necessary for us to process your request. To ensure that your information
remains confidential, the information is sent to us in a “secure session.”
Using the industry standard, Secure Socket Layer (SSL)-capable web browsers
support encryption technology that helps prevent unauthorized users from
viewing or manipulating your account information as it travels over the
Internet. We will permit only authorized parties, who are trained in the
proper handling of customer information, to have access to that
our disciplinary process.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the
Website and visiting your account profile page.
You may send us an e-mail at firstname.lastname@example.org to request access
to, correct or delete any personal information that you have provided to
us. We cannot delete your personal information for 10 years following the
closure of your account. We may not accommodate a request to change
information if we believe the change would violate any law or legal
requirement or cause the information to be incorrect or as otherwise
provided in this policy.
Horse Races Now deletes customer information that is no longer necessary
for the purpose for which it is collected unless there is a legitimate
request or order to inspect the information still outstanding or the
information remains in routine records that are periodically discarded
under our document retention policies. The information that you have
provided us is maintained in our management information system and billing
systems, and is updated as new information is added. Accounting and billing
records are retained for ten years for tax and accounting purposes or until
the relevant income tax years for which the document was created have been
closed for income tax purposes and/or all appeals have been exhausted.
Records may remain on file even after you have terminated service. Subject
to applicable law, we may also keep records to facilitate collection and to
evaluate credit worthiness.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Website
that are California residents to request certain information regarding our
disclosure of personal information to third parties for their direct
marketing purposes. To make such a request, please send an e-mail to
email@example.com. We do not respond to “Do Not Track browser
YOUR RIGHTS AND RESPONSIBILITIES
It is extremely important that you keep your username and password and
other confidential account data protected and secure. Do not share your log
on information, password, or leave your computer unattended during an
online wagering session. Please make sure that all information you provide
to HORSE RACES NOW is accurate and complete. Contact us immediately by
email at firstname.lastname@example.org, or by calling 833-HRNBETS.
If you find any discrepancies in your account data or if you wish to
inspect the records pertaining to you at our offices.
THIRD PARTY WEB SITES
HORSE RACES NOW’s website contains links to other sites. HORSE RACES NOW
cannot be responsible for the privacy practices or the content of other web
sites. When linking to other sites, please review their security and
home page. If we make material changes to how we treat our users’ personal
information, we will notify you by e-mail to the e-mail address specified
in your account or through a notice on the Website home page. The date the
are responsible for ensuring we have an up-to-date active and deliverable
e-mail address for you, and for periodically visiting our Website and this
HORSE RACES NOW is committed to responsible wagering. HORSE RACES NOW does
not solicit any information from or market our services to anyone under the
age of 18.
National Gambling Helpline: 1-800-522-4700.
We reserve the right to revise this policy, or any part thereof. Use of
our service following notice of such revisions constitutes your
acceptance of the revised policy.
III. GAMBLEID END USER AGREEMENT, TERMS, CONDITIONS, & SERVICES
HORSE RACES NOW uses GambleID (hereinafter “Service Provider”) to
provide merchant processing verification services to you (the
“Service”). By using our account wagering services you agree to this
end user agreement and terms and conditions of service with GambleID.
This end user agreement serves as notice to all users of the usage
policies regarding the GambleID services. By proceeding with the use of
this Service you are providing your consent to device recognition and
identifier technologies, identity authentication, and location
verification in accordance with the terms of this policy.
By proceeding with this Service you are also agreeing to be bound by
the following terms and conditions (“Terms of Service”). Any new
features or tools which are added to the current Service shall be also
subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time at the Service Provider’s
website. Service Provider reserves the right to update and change the
Terms of Service by posting updates and changes to the Service Provider
website. When returning to a merchant website that utilizes the Service
Provider Service or Logging into your account you will be alerted in
the event if the Terms of Service have changed.
1. The Service.
The Service Provider Service transmits necessary identity
authentication and location information, as required by this website.
By enrolling in the Service, you are agreeing to have your location and
other identifying information logged and used for account
authentication. Each time this occurs some or all of the following
information may be authenticated: your identity, location, service
approval, activity, and/or financial transaction approval. This
information is stored securely and used to ensure that you are
currently within the proper parameters for compliance associated with
the website and service that is being accessed, as both required by
law, and the terms and conditions of the this site.
2. Use of Data
Your data will be used only by Service Provider and its service
partners which help provide the Service and, except as required by law,
will not be provided to any third party. All Identity, Location,
Financial, Device, or Other known data is transmitted via Secure Socket
Layer (SSL) technology into password protected servers. This
information is used to aid Service Provider in the performance of its
service and is not shared in whole with any other party unless
previously stated. This data may be used, internal to Service Provider,
for analytical research in order to provide a better user experience.
When applicable the information is stored in a persistent format for no
longer than 90 days.
By using the services, you consent to Service Provider’s privacy
policy, as the same may be modified from time to time. To review the
the My Account Support page located at
http://www.gid.bz/MyAccount/Support. In the case of changes to
via our website’s policy section located at http://www.
Service Provider may update or modify the Service from time to time
without prior notice to you (“Updates”). All Updates shall become part
of the Service and shall be subject to the terms of this Agreement. The
terms of this Agreement will govern any updates to the service.
5. Termination; Availability.
This Agreement is effective until terminated by the user, the company,
or the Service Provider. Without limiting the foregoing, your rights
under this Agreement, including your right to use the Service, will
terminate automatically without notice from Service
Provider upon your failure to comply with any term(s) of this
Agreement, or the violation of the intellectual property rights of the
service and/or its licensors and/or any applicable law by you or anyone
else who gained access to the Service through you or your connection to
the Service (whether under your account or password, at your direction,
under your supervision, with your permission or otherwise). Upon the
termination of this Agreement, you shall cease all use of the Service
and understand that any website, software, or other consumable
application may not become available or usable. Upon termination of
this Agreement, you shall no longer be permitted to use the Service and
Service Provider shall be entitled to specific performance of your
foregoing obligations. The Service Provider also reserves the right to
change, suspend, remove, or disable access to the Service and/or any
content at any time without notice.
6. Consent to Electronic Communication; Use of Data.
By using the Service, you consent to receive from the Service Provider
communications, including (a) notices, (b) agreements, (c) legally
required disclosures and (d) other information in connection with the
Service, electronically (including, without limitation, via text
message or e-mail to your account). If you desire to withdraw your
consent to receive these communications electronically, you must
discontinue your use of the Service and the content therein. You
further agree that Service Provider may collect and use technical data
and related information, including but not limited to technical
information about your device, system and application software, and
peripherals, that is gathered periodically to facilitate the provision
of software updates, product support and other services to you (if any)
related to the Service. You agree that Service Provider may use this
information to improve its products or to provide services, information
or technologies to you.
7. Use of Service by Others.
You acknowledge and understand that it is your responsibility to make
sure that others do not obtain or use the Service through you for any
purpose not expressly permitted herein (whether through your account or
at the direction, under the supervision or with your permission). You
shall immediately notify Service Provider if you suspect there has been
any unauthorized use of your account). You further expressly
acknowledge and agree that Service Provider may audit your use of the
Service. You are solely responsible and liable for all use of the
Service under your account, and for ensuring that all use of the
Service under your account fully complies with this Agreement. All
content or instructions transmitted by or received from anyone through
your account will be deemed binding on you. You shall be responsible
for protecting the confidentiality of your password(s). If you suspect
that your password(s) have been compromised, please contact us at the
number provided herein.
8. Disclaimer of Warranties; Assumption of Risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ALL WARRANTIES OR CONDITIONS OF
NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY OR SATISFACTORY QUALITY, OF ACCURACY,
OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. Service Provider DOES NOT WARRANT OR GUARANTEE
THAT: (A) YOUR ENJOYMENT OF THE SERVICE WILL NOT BE
INTERFERED, (B) THE SERVICE, SOFTWARE AND CONTENT WILL BE FREE OF any
virus, corrupted data or other harmful, disruptive or destructive code
or files, (C) THE FUNCTIONS OR CONTENT
CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE
SERVICE WILL MEET YOUR REQUIREMENTS, (D) THE OPERATION
OF THE SERVICE WILL BE UNINTERRUPTED, ACCURATE OR
ERROR-FREE, OR (E) DEFECTS IN THE SERVICE OR CONTENT WILL
BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY Service Provider OR ITS AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY. WITHOUT LIMITING THE
FOREGOING, Service Provider ASSUMES NO RESPONSIBILITY FOR
ANY ERRORS OR OMISSIONS ON OR IN THE SERVICE THE
SOFTWARE AND/OR THE CONTENT, INCLUDING ANY ERRORS OR
OTHER INACCURACIES, THIRD PARTY MATERIALS OR ANY OTHER
PRODUCTS, OFFERS OR SERVICES OF THE SERVICE PARTNERS
OR ANY OTHER THIRD PARTIES DISPLAYED ON OR OTHERWISE
COMMUNICATED THROUGH OR IN CONNECTION WITH THE
SERVICE. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE LICENSE APPLICATION, THE SOFTWARE
AND/OR THE CONTENT, INCLUDING ANY VISIT TO OR ANY
BUSINESS TRANSACTION WITH ANY SERVICE PARTNERS OR
OTHER DESTINATIONS, OR ANY USE OF ANY THIRD PARTY
MATERIALS, REMAINS WITH EACH USER. SHOULD THE SERVICE OR CONTENT PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO
9. Limitation on Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER Service Provider NOR ITS AFFILIATES, LICENSORS OR VENDORS
(INCLUDING THE SERVICE PARTNERS) NOR ANY OF
THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS,
SHAREHOLDERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS,
SUCCESSORS OR ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR
(A) ANY DECISION MADE OR ACTION
TAKEN OR OMITTED BY YOU OR ANYONE ELSE IN RELIANCE UPON
THE SERVICE, THE SOFTWARE AND/OR THE CONTENT (INCLUDING
ANY RECOMMENDED DESTINATIONS); (B) FOR LOSS OR
INACCURACY OF DATA, OR COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C)
UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR
ACCOUNT, DEVICE OR INFORMATION; (D) UNAVAILABILITY OF OR
INABILITY TO ACCESS THE LICENSED APPLICATION, THE
SOFTWARE, AND/OR THE CONTENT; (E) ANY DAMAGE TO YOUR
DEVICE OR OTHER PROPERTY WHICH IS CAUSED BY YOUR OR
ANY OTHER USERS USE OF THE SERVICE, THE SOFTWARE
AND/OR THE CONTENT; (F) ANY LOSSES OR LIABILITIES WHICH RESULT FROM
YOUR OR ANYONE ELSE’S USE OF THE SERVICE, THE SOFTWARE AND/OR CONTENT
WITH EQUIPMENT AND
SYSTEMS WHICH DO NOT MEET THE SPECIFICATIONS FOR THE
SERVICE PUBLISHED OR OTHERWISE MADE AVAILABLE BY
Service Provider; OR (V) ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFIT OR OPPORTUNITY, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF, OR INABILITY TO USE, THE SERVICE, THE
SOFTWARE AND/OR THE CONTENT, EVEN IF Service Provider OR
ANY SUCH OTHER RELEASED PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE
FOREGOING, IN NO EVENT SHALL Service Provider OR ITS
AFFILIATES, OR THEIR RESPECTIVE AGENTS, EMPLOYEES,
OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS
OR OWNERS, BE RESPONSIBLE OR LIABLE FOR ANY (I) THIRD
PARTY MATERIALS OR ANY NEGLIGENCE, WILLFUL MISCONDUCT
OR OTHER ACT OR OMISSION OF ANY SERVICE PARTNERS OR
ANY OTHER THIRD PARTY; OR (II) ANY PERSONAL INJURY, DEATH
OR DAMAGE TO PROPERTY WHICH OCCURS AT ANY DESTINATION
OR ON THE PREMISES OF ANY SERVICES PARTNERS OR ANY
OTHER THIRD PARTY OR WHICH IS OTHERWISE CAUSED BY THE
SERVICE PARTNERS OR ANY OTHER THIRD PARTY OR THEIR
RESPECTIVE PRODUCTS OR SERVICES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, Service Provider’S ENTIRE
LIABILITY UNDER THIS AGREEMENT (REGARDLESS OF THE FORM
OF ACTION OR CLAIM) SHALL IN NO EVENT EXCEED ONE
THOUSAND DOLLARS ($1,000.00). The foregoing limitations will apply even
if the above stated remedy fails of its essential purpose.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR
CONSEQUENTIAL, INCIDENTAL OR CERTAIN OTHER DAMAGES, IN
SUCH STATES OR JURISDICTIONS, THE LIABILITY OF Service Provider AND THE
OTHER RELEASED PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
To the fullest extent permitted by applicable law, you shall indemnify,
defend and hold harmless Service Provider and all other Released Party
against any claims, demands, actions, losses and liabilities, and
related costs and expenses incurred by Service Provider and any other
Released Party (including reasonable attorney’s fees), which results
from any breach of any covenant, representation or warranty in this
Agreement, any violation of the intellectual property rights of Service
Provider and/or its licensors, and/or any violation of applicable law
by you or any other user which gained access to the Service through
you, under your account, at your direction, under your supervision or
with your permission.
11. Choice of Law; Venue.
This Agreement shall be governed by and construed in accordance with
the laws of Texas (excluding its conflict of laws principles) and you
expressly agrees that exclusive jurisdiction for any claim or dispute
with Service Provider relating in any way to the Service and its
related content and further agrees and expressly consents to the
exercise of personal jurisdiction in the federal or state courts of
Houston, Harris County, Texas in connection with any such dispute or
contains the entire agreement and understanding of the parties with
respect to the subject matter hereof, and supersedes all prior written
and oral understandings of the parties with respect to the subject
matter hereof. If, for any reason, any provision of this Agreement is
held invalid or otherwise unenforceable, such invalidity or
unenforceability shall not affect the remainder of the Agreement, and
this Agreement shall continue in full force and effect to the fullest
extent allowed by law.
13. Violations of this Agreement.
Violation(s) of this Agreement may be investigated and appropriate
legal action may be taken, including, without limitation, civil,
criminal and/or injunctive redress. You agree that monetary damages may
not provide a sufficient remedy to Service Provider for violations of
this Agreement and you consent to the application of injunctive or
other equitable relief for such violations to the maximum extent
permitted by applicable law.
14. User Support
For support, you may use any of the following:
• Go to http://www. gid.bz.com/MyAccount/Support
• Call Service Provider’s 24-hour support desk at 1-832-320-1981.
• Email Service Provider’s 24-hour support desk at support@ gid.bz.
Any response or reply texts from you to the original received Service
Provider SMS text shall not be accepted.
Upon registering an account with any of Service Provider’s related
third-party merchant sites, you shall also be required to register a
customer account at www.GambleID.com. Each time you access a secure
area of an authenticated merchant’s site, any of the following services
may occur and their access to your personal information may be
designated as an “Opt-In” or “Opt-Out” controlled service.
Those services are:
Your identity will need to be authenticated via request for personal
verifiable information either by third party providers, in the form of
challenge response questions, or other means. Your access of your
account directly via Service Provider or through an authenticated
merchant constitutes acceptance of the services access and use of this
information and the results of this information may be used for
security, analytics, and regulatory compliance reasons.
b. Devices Attribute Scanning
Your connecting device to this service will be used in part to
authenticate your ability to access the service and may include
requests for information by third party providers. Your access of your
account directly via Service Provider or through an authenticated
merchant constitutes acceptance of the services access and use of this
information and the results of this information may be used for
security, analytics, and regulatory compliance reasons.
c. Payment Method Authentication
In the event of a payment authentication you will be alerted that your
personal information located within your account may be used to
authenticate your lawful use of the payment device. This service will
be used in part to authenticate your ability to utilize the payment
method presented and may include requests for information either by
third party providers or your account with Service Provider. The
acceptance of this service to verify your access to a payment method
through an authenticated merchant constitutes acceptance of the
services access and use of this information and the results of this
information may be used for security, analytics, and regulatory
For help, you should email email@example.com, text HELP to
426253, or call the 24-hour support desk at 1-832-320- 1981
You may choose to opt out of Service Provider’s ability to provide
service for any of the process above by going to http://www.
GambleID.com and logging into your account, or by calling the 24hour
support desk at 1-832-320-1981.
Upon registering an account with one of our related third-party
merchant sites, you may also be required to register a customer account
the Service Provider service. Each time a customer registers at an
authorized merchant site, any of the additional following Opt-In or
Opt-Out situations can occur:
a. Acceptance of Identity verification utilizing localized and or
connected databases to authenticate your identity information.
b. Acceptance of location verification utilizing your connected device in
the form of a personal computer, laptop, tablet, mobile phone, or any
other internet connected device.
c. Acceptance of your connecting devices security configuration for
verification of account connectivity and “do no harm” associated with
malicious software either known or unknown.
d. Acceptance and confirmation of merchant related regulatory requirement
“watch list” or other membership list precluding your lawful ability to
access your existing account or to create an account. e. Acceptance of
services providing analytical data that may be used to determine
certain possible fraud, high risk, or other possibly malicious
f. Acceptance of services related to and for the purpose of
authenticating your lawful access to payment or other financial
instruments as according to the laws of the jurisdiction of the
16. Changes and Amendments to this Agreement.
Service Provider reserves the right to revise this Agreement at any
time and (except where otherwise required by applicable law) without
notice to you. The most current version of this Agreement will be
available from your Service Provider account representative, and will
supersede all previous versions of this Agreement. You are responsible
for remaining knowledgeable as to any changes that Service Provider may
make to Agreement by periodically checking for updated versions of this
Agreement when accessing or using the Service.