LET’S GO ARBING
LEGAL TERMS AND CONDITIONS
IMPORTANT! YOUR ACCESS TO THE LET’S GO ARBING PROGRAM AND/OR THE WEBSITE AT WWW.LETSGOARBING.COM IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING, AS THEY WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
ACCESS TO THE LET’S GO ARBING PROGRAM IS CONTINGENT UPON YOUR ACKNOWLEDGING HAVING READ THESE TERMS AND CONDITIONS, WHICH IS THE EQUIVALENT OF YOUR SIGNATURE. SUCH ACKNOWLEDGEMENT INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PLEASE LEAVE THE WEBSITE AND/OR EXIT THE PROGRAM.
This Legal Terms and Conditions Agreement (the “Agreement”) is an agreement between you (“you”) and Let’s Go Arbing, LLC (the “Company”). Each of the terms “we,” “us” and “our” means the Company. The effective date of this Agreement is when you accept or are deemed to accept the Agreement in accordance with the procedure set out in the Agreement. We strongly recommend that you read the Agreement in its entirety and seek independent legal advice to address any questions you may have regarding the Agreement prior to acknowledging the terms and conditions.
1. Interpretation
a. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
b. For the purpose of interpreting this Agreement, the following terms shall have the following meanings: “Access” refers to downloading any Program Materials or engaging with the Program content. “Program” means the Company’s educational course designed to teach the arbitrage method of betting; the course is available online and uses text, video and images to convey how arbitrage betting works. “Program Materials” means supplemental materials and documents accessible, via download or otherwise, through Access. “Website” means the website at www.letsgoarbing.com.
2. Applicability of Terms and Conditions
By accepting the terms and conditions herein, you represent and warrant to the Company that you fully understand and agree to comply with the terms and conditions and that failure to abide by the terms and conditions may result in legal action against you by the Company. This Agreement incorporates by reference all guidelines or rules applicable to the Program, which may from time to time be posted on the Website or anywhere else where the Program is accessible, as may be amended from time to time by the Company.
3. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, service-marks, logos and trade names, including the name “Let’s Go Arbing,” contained on the Website, within the Program and/or within the Program Materials (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. Without limiting the generality of the foregoing, the term “Content” shall also include images, pictures, graphics, photographs, animations, videos, music, audio and text located on the Website or within the Program Materials. You agree that the Content is protected by copyright law and the Company reserves all rights in relation to the Content.
4. Entity
If you are engaging with the Program or accessing the Website on behalf of a separate legal entity such as a corporation, then you affirm that you are an authorized representative or agent of that entity with the authority to bind such entity and agree to these terms on behalf of such entity. In such a circumstance, both you and the entity will be bound by this Agreement and the words “you” and “your” as used in these terms will refer to and apply to you personally as well as to the entity.
5. Restrictions of Use
You agree that you will not:
(i) reproduce or distribute the Content, or any portion or subset thereof, for any purpose, including, without limitation, compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or
(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
6. Privacy
We take your privacy seriously. To find out about how we collect, share and use your personal information, please read the Privacy Policy, which forms part of this Agreement and is incorporated by reference.
7. Content
The Content is published in good faith and for educational and informational purposes only and should not be relied upon as advice for any gambling, financial or other transaction. Although we reserve the right to edit, review and/or remove Content, we do not make any warranties about the completeness, reliability and accuracy of the Content, regardless of whether the Content was provided directly by us or indirectly through a third party. Any reliance you may place on the Content is strictly at your own risk. We will not be liable for any losses and/or damages in connection with the use of the Website or the Program.
8. Legality
a. Let’s Go Arbing is not a gambling service. We are not a bookmaker, and you cannot place bets through the Program or the Website. We make money by offering premium content and receive no revenue that results from gambling activity.
b. Sports betting is illegal in some Jurisdictions, and we do not promote or endorse any form of gambling that is illegal. The Content is intended only for lawful use, it is your responsibility to check your local laws and regulations before engaging in sports betting, and we take no responsibility for your actions. Nothing contained in the Program or on the Website should be construed as legal advice on any activity relating to gambling. We disclaim any liability for damages that may arise from any use of the Program for any purpose that violates any law, and you agree to defend, indemnify and hold us harmless from any liability that may arise for us should you violate any law.
9. Responsible Gambling
We encourage only responsible gambling and encourage anyone who believes they or someone they know may have a gambling addition to get help immediately. For those seeking help immediately, consider visiting https://www.gamblersanonymous.org/ga/ or calling the National Helpline at 1-800-522-4700.
10. Age Restrictions
To access the Program, you must have attained the age of majority in your jurisdiction. You represent and warrant that you have reached the age of majority in your jurisdiction and that you have the legal capacity to enter into this Agreement. If you have not reached the age of majority in your jurisdiction, you must exit the Website and/or the Program immediately and may not use or access the Website or the Program or print or download any of the Program Materials.
11. Risks
Gambling is for amusement, not for income, and statistics conclusively prove that nearly all gamblers will lose money over the long term. Arbitrage betting does not guarantee a winning outcome, and you can lose money by engaging in arbitrage betting. You agree that you will not hold us responsible for your use of Program or the Content in any way. You also acknowledge and agree that operators of betting services reserve the right to disqualify customers who engage in arbitrage betting when using their services and that we shall not be liable for any damages incurred as the result of actions taken by such operators against customers who engage in arbitrage betting when using their services.
12. Risks and Third-Party Content
Gambling is for amusement, not for income, and statistics conclusively prove that nearly all gamblers will lose money over the long term. Arbitrage betting does not guarantee a winning outcome, and you can lose money by engaging in arbitrage betting. You agree that you will not hold us responsible for your use of Program or the Content in any way. You also acknowledge and agree that operators of betting services reserve the right to disqualify customers who engage in arbitrage betting when using their services and that we shall not be liable for any damages incurred as the result of actions taken by such operators against customers who engage in arbitrage betting when using their services.
You acknowledge and agree that:
- We are not responsible or liable for the availability of such external websites or resources.
- we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third-party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
- Use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement.
- You hold us harmless for any and all damages and liability that may result from the use of links that may appear on the Website or through Program Materials.
13. Access to the Program and Content Through Third-Party Websites
The Program and Content may be hosted on, and available through, third-party websites (“Host Sites”). We are responsible only for content provided to you by us through the Program, and this Agreement only applies to your access to, and use of, the Program and the Website. Your engagement with Host Sites outside the scope of the Program is subject to such sites’ terms and conditions.
14. Representations and Warranties
In addition to, and not in derogation of, any other representations and warranties you provide to us in this Agreement, you represent and warrant to us that:
(i) all information you provide us, if any, is true, accurate, current, and complete, including, without limitation, your age and residency information;
(ii) you understand the contents of this Agreement and have had the opportunity to obtain legal advice with respect to the terms and conditions herein before agreeing to it;
(iii) you have attained the age of majority in your jurisdiction; and
(iv) you have the capacity and authority to enter into, execute and perform your obligations under this Agreement.
15. No Warranties, Limitations on Liability and Disclaimers
YOUR ACCESS TO THE WEBSITE AND THE PROGRAM IS AT YOUR SOLE OPTION AND DISCRETION.
THE WEBSITE AND THE PROGRAM ARE PROVIDED TO YOU "AS IS," WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
THE ENTIRE RISK AS TO THE USE AND QUALITY OF THE WEBSITE AND PROGRAM/CONTENT LIES WITH YOU. IN NO CASE WILL OUR CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE AND PROGRAM, BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, YOU PAID TO ACCESS THE PROGRAM.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND PROGRAM, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THE WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE WEBSITE IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
WE ASSUME NO OBLIGATION TO UPDATE THE CONTENT ON THE WEBSITE. THE CONTENT ON THE WEBSITE MAY BE CHANGED WITHOUT NOTICE TO YOU. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. WE DISCLAIM ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
16. Indemnity
You agree at all times to indemnify, defend and hold harmless the Company, its directors, officers, members, shareholders and employees, including its agents, suppliers, affiliates and their respective directors, officers, members, shareholders and employees, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of your use or misuse of the Program or the Website in any manner whatsoever.
17. Term and Termination
This Agreement is effective until terminated by us, with or without cause, in our sole and unfettered discretion. We may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by us shall be in addition to and without prejudice to such rights and remedies as may be available to us under this Agreement, including injunction and other equitable remedies.
17. General Provisions
a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Delaware without giving effect to conflicts of law principles, and the parties submit to the exclusive jurisdiction of New York for the settlement of any disputes arising out of or concerning this Agreement.
b. Dispute Resolution. Any dispute, controversy or claim arising under, in connection with or relating to this Agreement, including claims alleging invalidity of this Agreement or any other claim of any kind regardless of the facts or the legal theories, which shall not be possible to resolve amicably, shall be finally decided by arbitration in accordance with the International Rules of the American Arbitration Association (the "Rules"), which Rules are deemed to be incorporated by reference into this clause. All disputes, controversies and claims arising under, in connection with or relating to this Agreement shall be determined by one arbitrator. The seat of the arbitration shall be, and all arbitration hearings shall be held in, New York, New York. Any arbitration under this Agreement shall be conducted in, and any interim and/or final award shall be issued in, the English language. The parties acknowledge that by this agreement to arbitrate, they irrevocably waive their rights to court or jury trial. Judgment on any interim or final arbitration award may be entered in any court of competent jurisdiction.
c. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or judicial proceeding will be combined with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
d. Entire Agreement. This Agreement, which incorporates the Privacy Policy by reference, constitutes the entire agreement between you and us with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
e. Modification and Amendments. You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. We reserve the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted on the Website. It is your sole responsibility to review this Agreement and amendments hereto each time you access Program or Website.
f. Assignment. We may assign this Agreement in part or in its entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. The terms and conditions herein are personal to you, and you may not assign this Agreement, nor your rights, interests, or obligations under its terms and conditions, to any person.
g. No Waiver. Our failure to exercise or enforce any right or provision under this Agreement will not operate as a waiver of such right or provision. No waiver of a breach of the terms and conditions herein will constitute a waiver of any other breach of these terms and conditions.
h. Waiver. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause under this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of the Agreement shall continue in full force and effect.
i. Survival. All provisions of this Agreement which must survive termination of the Agreement to fulfill their purpose shall survive termination of the Agreement.
j. Enurement. This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
k. Force Majeure. In no event shall we be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any of the terms and conditions herein, when and to the extent that such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, tsunami, explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.