Terms & Conditions

Last Modified: August 8, 2023

  1. Acceptance of the Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.bettinghero.com, including any content, functionality, and services offered on or through www.bettinghero.com (the “Website”). The Website is operated by American Affiliate Co. LLC (“Company,” “we,” or “us“).

Please read the Terms of Use carefully before you start to use the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://bettinghero.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

THESE TERMS OF USE CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. BY ACCEPTING THESE TERMS OF USE, YOU AND THE COMPANY AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO FILE IN COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION,

This Website is offered and available to users who 21 years of age or older who reside in the United States or any of its territories. By using this Website, you represent and warrant that you are at
least 21 years of age. Users under 21 years of age are prohibited from using the Website for any purpose.

  1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We will note the date of the latest version of these Terms of Use at the top of the Terms of Use.

  1. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any
part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of
    these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may only register one account. Multiple accounts are not permitted.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your
user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You
also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.

You are solely responsible for all activities that occur under your account whether by you or any other person who gains access to the account by use of your credentials or otherwise as a result of your failure to use reasonable security precautions. You agree that in no event shall the Company be responsible for any losses, claims, or liabilities directly or indirectly caused by the unauthorized use or misuse of your Account or credentials

  1. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement
  • You may print or download one copy of a reasonable number of pages of the Website for your own
    personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop
immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred
to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.

  1. Trademarks

The Company name, the term bettinghero.com and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

  1. The Company may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify the Company by providing the following information (as required by the Digital Millennium Copyright Act):
    • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at this Website;
    • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
    • information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an e-mail address;
    • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
    • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • Please send the written communication to the the Company’s copyright agent by e-mail AND by U.S. Mail to: American Affiliate Co. LLC, Attn:DMCA Agent, [505 E. Windmill Lane 1-C , Ste #150 Las Vegas NV 89123] ; E-mail: copyrightnotice@bettinghero.com;  E-mail Subject: “DMCA Request”
  2. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chainletter,” “spam,” or any other similar
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  1. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All
statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Company and its employees, contractors and agents are not investment advisers. Under no circumstances should any content from the Website – or from any other materials provided by the Company – be used or interpreted as investment or betting advice. You should consult your financial advisors for any investment advice before making any investment decisions. Without limiting any other disclaimers or limitations of liability in these Terms of Use, you are responsible for your own investment and betting decisions. Company is not liable for any loss or damage caused by a reader’s reliance on information obtained from the Website.

  1. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  1. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the
Privacy Policy.

  1. Linking and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on
    your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

  1. Geographic Restrictions

The owner of the Website is based in the State of Nevada in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or
any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside
the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE WEBSITE CONTAINS INFORMATION ABOUT SPORTS, FANTASY SPORTS, SPORTS BETTING AND IGAMING. SUCH INFORMATION IS NEITHER ADVICE NOR A RECOMMENDATION REGARDING WHETHER YOU SHOULD PARTICIPATE IN OR HOW TO ENGAGE IN ANY SPORTS, FANTASY SPORTS, SPORTS BETTING OR IGAMING ACTIVITIES. THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING, IGAMING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability


TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly
authorized in these Terms of Use, or your use of any information obtained from the Website.

  1. Feedback

If you elect to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to us (collectively, “Feedback”), you acknowledge that such
Feedback is not submitted in confidence and the Company assumes no obligation, expires or implied, by considering it. You hereby grant the Company and represent that you the right to grant the Company a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, create derivative works from and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, and the Company has no obligation to identify you as the source of the Feedback. Nothing in this Agreement limits the Company’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.

  1. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any
other jurisdiction).

  1. Arbitration

For any dispute not subject to arbitration (such as if you reside in a jurisdiction that does not permit mandatory arbitration, or as specified herein, arbitration does not apply (such as permitted small claims court actions or matters exempted from arbitration), you and the Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Las Vegas, Nevada. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.  Any arbitration proceedings as set forth below shall be determined under the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction).

 

  1. Binding Individual Arbitration; No Class Actions

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. First, many issues can be resolved quickly and amicably by contacting our customer support at [help@bettinghero.com]
  2. Informal Resolution –Try to Work It Out.

If you have an issue that our customer support cannot resolve, prior to starting arbitration you and the Company agree to attempt to resolve the dispute informally. You and the Company agree to make a good-faith effort to negotiate your dispute for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day the Company receives a written Dispute Notice in accordance with these Terms.

a. You must send your Dispute Notice to: American Affiliate Co. LLC, ATTN: DISPUTE NOTICE,[505 E. Windmill Lane 1-C , Ste #150 Las Vegas NV 89123]. You must include your name, any Username you use, address, how to contact you, and the issue or problem you are experiencing.

b. If the dispute is not resolved within by Informal Resolution or small-claims court (below), you or the Company may start an arbitration in accordance with these Terms.

c. Small Claims Court:

Following Informal Resolution, you and the Company agree that either you or the Company may bring a case in small-claims court (if the matter meets the requirements of small-claims court).

d. Binding Individual Arbitration:

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT NO CLASS ACTIONS ARE PERMITTED.

    1. You and the Company agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms of Service.
    2. This means that you and the Company agree to a dispute-resolution process where either you or the Company submit any dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the dispute.
    3.  The arbitrator’s decision is final, and can enforced like any other court order or judgment.
    4.  Disputes We Agree to Arbitrate:  You and the Company agree to submit all Disputes between You and The Company (except those specifically exempted below) to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between You and the Company that relates to your use or attempted use of the Company’s products or services and the Company’s products and services generally, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section.
    5. You and the Company agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
    6. The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) an action to compel or uphold any prior arbitration decision; (3) The Company’s right to seek injunctive relief against you in a court of law; and (4) claims of intellectual-property infringement.
    7. You and the Company agree that whether a dispute is subject to arbitration under these Terms of Service will be determined by the arbitrator rather than a court.
    8. Arbitration Procedure: To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to American Affiliate Co. LLC, ATTN: ARBITRATION OF DISPUTE, [INSERT ADDRESS] The Company will send our copy to your registered email address and any billing address you have provided us.
    9. The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience. You and the Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Service.
    10. If an in-person hearing is required, the hearing will take place either in Las Vegas, Nevada, or where You reside; you choose.
    11. The arbitrator (not a judge or jury) will resolve the Dispute.
    12. The arbitrator may not award relief against the Company respecting any person other than you.
    13. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction.
    14. Arbitration Fees and Location:
    15. If You start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations.
    16. JAMS costs do not include your Attorneys’ fees and costs and Attorneys’ fees and JAMS costs are not counted when determining how much a dispute involves.
    17. If you choose to be represented by an attorney, You will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
    18. Notice and Filing:
    19. If a Dispute must be arbitrated, you or The Company must start arbitration of the Dispute within one (1) year from when the Dispute first arose.  If applicable law requires You to bring a claim for a Dispute sooner, you must start arbitration in that earlier time period.  The failure to provide timely notice shall bar all claims.
    20. Continuation in Effect: This Binding Individual Arbitration section survives any termination of these Terms of Use or the Company’s provision of services to You.
    21. Class Action Waiver:  To the maximum extent permitted by applicable law, you and The Company agree to only bring Disputes in an individual capacity and shall not:
  • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or

(b) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms of Use and all other actions or arbitrations.

    1. Severability:

If all or any provision of this Binding Individual Arbitration agreement is found invalid, unenforceable, or illegal, then you and The Company agree that the provision will be severed and the rest of these Terms of Service shall remain in effect and be construed as if any severed provision had not been included.  The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and The Company agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms.  Under no circumstances shall arbitration be conducted on a class basis without the Company’s express consent.

    1. Opt-Out: 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration  and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt-out to the following address: [American Affiliate Co. LLC insert address, Attn: Arbitration Opt-Out]. The notice must be sent within 30 days of [date this gets posted] or your first use of the Website, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, The Company also will not be bound by them.

 

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Advertising Disclosure

Company is an independent media company.

Certain pages on our websites include affiliate links to online daily fantasy sites, licensed gaming sites, licensed sportsbook sites or other sites in related industries. If you click on those links
and sign up and play on those sites, we may receive a commission by the operators at no additional cost to you.

These operator affiliate relationships are separate from editorial decision-making and do not influence the opinions, recommendations or reviews on our sites. Reviews on Company’s websites are
written by Company’s staff and freelance writers.

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and American Affiliate Co. LLC regarding the Website and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Your Comments and Concerns

This website is operated by American Affiliate Co. LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
info@amaff.com.