TERMS & CONDITIONS

Last Modified: September 17, 2020

These Terms and Conditions establish an Agreement (the “Agreement”) between you, the Customer ("Customer" or “You”) and Wager Champs LLC (“Wager Champs” or "Licensor"). Please read them carefully. These terms apply to the Wager Champs Website, located at https://wagerchamps.com/ (the “Website”), including any related products, services, promotions, applications facilitating use, any subsequent updates to the software or any of the related platforms, social media accounts relating to Wager Champs, and the cloud in which you downloaded it or any related applications (collectively, the “Services”).This Agreement is intended to be in addition to the Wager Champ Site Rules governing contest rules and regulations and the Wager Champs Privacy Policy available at www.wagerchamps.com/privacy. In the case of a conflicting provision or term, this Agreement shall apply.

BY ACCESSING THE WEBSITE AND/OR USING THE SERVICES, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT ACCESS THE WEBSITE OR USE THE SERVICES.

By accessing and utilizing the Website or using these Services, you agree, without limitation or qualification, to be legally bound by these terms and conditions. If you fail to comply with these terms and conditions, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity.

Company reserves the right to modify these terms and conditions from time to time, in our sole discretion, and any such changes are effective immediately upon posting to our Website.

  1. Use of the Website. You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, false, misleading, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of Company or any third party.

    You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use except as authorized by these Terms and Conditions. You agree not to alter or modify, or attempt to alter or modify, any part of the Website except as authorized by these Terms and Conditions. Company may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of the Website, but Company is under no obligation to do so and we do not assume any responsibility or liability arising from same.

    CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THESE SERVICES OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

    1. You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website or of Company’s customers except as authorized by these Terms and Conditions. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.

  2. Eligibility. To utilize the Wager Champs Services (including but not limited to contests, challenges, leagues, and tournaments) you must at least eighteen (18) years old or older or the age of majority in Your jurisdiction. To win a prize or other award, you must be a legal resident of the United States (50 states or Washington D.C.). Employees of Wager Champs or any affiliated companies are not eligible to win prizes, nor are the spouses, parents, siblings, children, or other household members of Wager Champ employees. Legal residents of U.S. Territories and Foreign Territories (e.g., Guam and Puerto Rico) are not eligible to win prizes, but may play. No consideration or entry fees are necessary to win prizes or other awards. These Services are void where prohibited by law.

  3. User Accounts and Security. As a user of the Website, you may receive or establish an account (“Account”). You may only establish one (1) Account per person to participate in the Services. You should not reveal your Account information to anyone or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Company of any unauthorized use of your Account or any other breach of security. Company shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action. Your account will be deemed “Inactive” if you have not logged in for a period of twenty-four (24) months. We will provide email notice to the email address registered to the account.

    1. In order to maintain the integrity of the account information on Company, you agree that: (i) you will not provide any false company or personal information on Company; (ii) you will not create an account for anyone other than your company, or yourself, without permission; (iii) if we suspend or close your account, you will not create another one without permission; (iv) you will keep your contact information accurate and up-to-date; and (v) you will not transfer your account (including any page you administer) to anyone without first getting our written permission. Any such attempts will result in immediate disablement of your Account and could result in damages and other remedies to the fullest extent permitted by law.
    2. The Company reserves the right, in its sole discretion, to make the determination whether You are interacting with the Website and utilizing the Services in a responsible way in accordance with Company policies and procedures, including this Agreement, the Gaming Rules, and the Privacy Policy.
  4. Gambling Prohibition These Services (including but not limited to contests, challenges, leagues, and tournaments) is strictly for entertainment purposes and may not be used in connection with any form of gambling. These Services are not to be considered a contest subject to odds or any type of random selection of winners. Wager Bucks are not U.S. currency and have no monetary value.

  5. Statistics and Scoring. To the extent that live or “real-time” statistics are offered during gameplay, all live statistics and other information provided through the Website and the Services are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of the Website or Services. While Company and the third parties used to provide the Website and the Services use reasonable efforts to include accurate and up-to-date information, neither Company nor its third party providers warrant or make any representations of any kind with respect to the information provided. Company and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available and shall not be responsible or liable for any error or omissions in that information.

    To the extent applicable, results and prize calculations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual contest, challenge, league, and tournament. Once results are reviewed and graded, prizes are awarded. The scoring results will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in Company’s sole and absolute discretion.

    Company reserves the right, in its sole and absolute discretion, to deny any customer or participant the ability to participate in contests, challenges, leagues, and tournaments for any reason whatsoever. Further, Company may, in its sole and absolute discretion, invalidate any head-to-head contests, challenges, leagues, and tournaments result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

    Subject to the Company verifying your compliance with the Terms, Rules and other conditions of participation, at the conclusion of each Game, the Company shall use commercially reasonable efforts to award the winnings and/or prizes within a reasonable amount of time. If You do not claim your prize within twelve (12) months, your prize shall be forfeited.

  6. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SOFTWARE PROVIDED BY LICENSOR UNDER THIS AGREEMENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR CUSTOMER'S PURPOSE OR SYSTEM INTEGRATION; INFORMATIONAL CONTENT OR ACCURACY; NON-INFRINGEMENT; QUIET ENJOYMENT; AND TITLE. LICENSOR DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE OR THE SERVICES. THE ENTIRE RISK ARISING USING THE SOFTWARE OR THE SERVICES REMAINS WITH CUSTOMER.

    The material on the Website may contain inaccuracies or typographical or other errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website. Use of the Website and any information contained therein is at your own risk. The content of the Website may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.

    COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

    1. The Website and its content are delivered on an “as-is” basis. Company reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.

    2. Company is not a party to any third parties sales or donations made through the Website. In the event of a dispute between users, you hereby release Company, our directors, officers, employees, and agents, from and against any and all claims, demands and damages (actual and consequential, and including attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."

    3. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ALL PRODUCTS OR SERVICES SOLD THROUGH THE WEBSITE. BY USING THE WEBSITE OR PURCHASING ANY GOODS OR SERVICES LISTED BY A THIRD PARTY ON THE WEBSITE, YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY FAILURE, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR OF ANY CONTENT, FEATURE, PRODUCT, OR SERVICE OFFERED THROUGH THE WEBSITE.

  7. Disclaimer of Damages. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT COMPANY IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE WEBSITE IS LIMITED TO THE AMOUNT YOU PAID COMPANY TO USE THE WEBSITE OR ITS SERVICES.

    Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.

  8. Copyrights and Trademarks. Our website is owned and operated by Company. Unless otherwise specified, our website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of Company, in which ALL RIGHTS RESERVED. The copyright and other proprietary rights and interests in all of this information are owned by Company, our affiliates, or someone who has granted Company a license to use the information or materials. You may view, download, print, and retain a copy of pages of the Website only for your personal use. You may use Company’s “Link to Us” logos and buttons to post links to the Website, provided you do not only place the logo or button on any website that you do not have permission to do so. Except as expressly authorized in these terms and conditions, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribution any information from our website in whole or in part without our prior written consent. Requests for any such consent should be directed to [email protected]

    1. The trademarks, service marks, and logos displayed on our website are registered and common-law trademarks of Company, and others. No license or right to use any trademark contained on our website is granted to you and any use of any such mark contained on this website is expressly prohibited unless you obtain the prior written authorization to use such mark from Company or such other third party holder of the mark. If you have a specific question related to the marks on our website or a request for the use of such marks, please direct your inquires to [email protected]

  9. Termination. If you fail, or if Company suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, Company, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user's access to the Website (or any part thereof).

    1. Company reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Company will not be liable to you or to any third party should it exercise such rights.

  10. Governing Law. These Terms and Conditions and any disputes arising out of or related to the use of the Website or these Terms and Conditions will be construed and governed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. All actions brought to interpret or enforce any provision of these Terms and Conditions shall be brought in the federal or state courts located in or applicable to Arizona, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.

  11. Severability. 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 this Agreement will continue in full force and effect.

  12. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

  13. Contact/Address for Legal Notice. All questions, comments and legal notices should be submitted to:

    Wager Champs LLC

    8511 E. Roanoke Ave, Scottsdale, Arizona 85257

    Phone #: 480-442-6522

    Email: [email protected]

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND WAGER CHAMPS AND IS EXPRESSLY ACCEPTED BY YOU UPON YOUR USE OF THE WAGER CHAMPS WEBSITE OR SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WAGER CHAMPS WEBSITE OR SERVICES.