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Terms of Use

These Terms of Use constitute an agreement ("Agreement") between you and Whobet, Inc. ("whobet.com"), the owner and operator of the website located at www.whobet.com (the "Site"), regarding your use of the Site. Your use of the Site and/or the services provided on the Site (the "Services") constitutes your agreement, without limitation or qualification, to be bound by and to comply with the terms of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein.

Use of Site and Services

You represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement. Your use of the Site and/or the Services constitutes your agreement that you are aware of these terms, are of legal age and live in an area where it is not unlawful to gamble or gamble online.

The Site is being presented solely for entertainment purposes. Whobet.com does not promote illegal, underage gambling or gambling to those who live in a jurisdiction where gambling is considered unlawful. Whobet.com will not be held responsible for any personal loss of wagers or damages you may incur. Whobet.com operates and controls the Site from its offices in Los Angeles, California, in the United States of America. We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons accessing the Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.

You agree not to use the Site or the Services for any unlawful or abusive purpose or in any way which interferes with the ability of whobet.com to provide the Site and the Services to others, or damages the property of whobet.com.

NO WARRANTIES

THE MATERIALS AND CONTENT CONTAINED IN THE SITE AND THE SERVICES ARE PROVIDED "AS IS." WHOBET.COM, THROUGH AND TOGETHER WITH ITS DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATED ENTITIES (COLLECTIVELY, THE "WHOBET.COM AFFILIATES" AND EACH, A "WHOBET.COM AFFILIATE") MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT OR SERVICES WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY WHOBET.COM AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY WHOBET.COM AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF SERVICES BY WHOBET.COM.

YOU AND WHOBET.COM AGREE THAT THIS SECTION, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND WHOBET.COM. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WHOBET.COM WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE WHOBET.COM AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY WHOBET.COM AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Ownership of the Site and its Content

The Site, and all information, materials and content available on the Site, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics (collectively, "Content"), is the property of whobet.com and/or certain third-parties. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Content without the written permission of the party that owns the Content, whether it be whobet.com or a third party.

Links to Other Materials

The sites linked to the Site are not necessarily under the control of whobet.com and whobet.com is not responsible for the content of any linked site. These websites may include third parties that offer services or products that could potentially be of interest to users of the Site. The selection or omission of links is not intended to endorse any particular companies, products or services. Whobet.com has selected the links for your convenience. If you decide to access any of the third party sites linked to the Site and/or engage in any activities on such sites and/or purchase any products or services through those sites, you do so entirely at your own risk.

Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotions or activities of, advertisers found on or through the Site, including payment and delivery of related goods or services and/or participation in activities offered on websites offered by such advertisers, are solely between you and such advertiser. You agree that in no event shall any Whobet.com Affiliate be held responsible or liable for any loss or damage of any sort incurred as a result of or in connection with any dealings with such advertisers. By selecting a special offer, product, or service from a third-party within the Site, you agree that in order to receive the special offer, product, or service, whobet.com may share certain personal information of yours with the applicable third-party provider. Whobet.com is not responsible for the privacy practices or the content of such third-party providers or other websites other than the Site.

Dealing with Other Users

Your interactions with other users of the Site, including any payments required to be made as a result of such interactions, are solely between you and such users. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these users.

You agree that in no event shall any Whobet.com Affiliate be held responsible or liable for any loss or damage of any sort incurred as a result of or in connection with any dealings with such users. If there is a dispute between users on this Site, or between users and any third party, you understand and agree that whobet.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Whobet.com Affiliates from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Governing Law; Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Massachusetts state or federal court sitting in Boston, Massachusetts, United States of America. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.

General Information

We may change or modify this Agreement from time to time. You can review the most current version of this Agreement at any time at the Site. Your continued use of the Site and/or Services after the Agreement has been changed and posted to the Site constitutes your acceptance of the modified Agreement. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of whobet.com (including the Site and operations) to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between whobet.com and you with respect to your use of the Site, materials, content and Services, and it supersedes all prior or contemporaneous communications and proposals between Whobet.com and you with respect thereto. Any failure by whobet.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.