Last Modified: March 25, 2025
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, services, and if applicable, the Betting Hero VIP program (the “Service(s)”) 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, UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME.
This Website is offered and available to users who 18 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 18 years of age. Users under 18 years of age are prohibited from using the Website for any purpose.
2. 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.
3. 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 username, 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 username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. 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 username, 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.
4. 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) (the “Materials”) 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, copy, publish transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of the Company, and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.
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.
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.
4. 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.
5. Copyright Complaints
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, Nevada 89123, United States] ; E-mail info@bettinghero.com; E-mail Subject: “DMCA Request”
6. Conduct on Website and 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 gambling, or the planning of any illegal activity.
- For the purpose of exploiting, harming, or attempting to exploit or harm another, or in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- 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 solicitation.
- 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.
- Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or otherwise violates the law or rights of the Company, its users, or any third-party.
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.
7. 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 trading, investment, loss, damage caused, or any other decisions made or actions taken or not taken in reliance on information obtained from the Website.
8. 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.
9. Information About You and Your Visits to the Website
All information we collect on this Website and in connection with our services 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.
10. Contacts
You consent to the Company contacting you via your phone number, email, and via mail concerning the Service (including through autodialed or automated or prerecorded calls, texts, or other messaging). You warrant, represent, and agree that you have the right to provide your phone and email and address to the Company in connection with any uses of the Website or Services, and to have the Company or its affiliates contact you at such phone number and email and address. You expressly consent to the Company and each of their partners and affiliates’ use of your contact information, including your phone number or email, for marketing and other promotional purposes If at any time you do not wish to receive communications, you may opt out from receiving these communications at any time by simply replying REMOVE or UNSUBSCRIBE to any email messages, or STOP to any text messages, or following the provided opt-out instructions at the Company’s privacy statements, available at: https://bettinghero.com/privacy-policy. The Company shall have ten (10) days to implement such requests as they relate to email, in accordance with United States federal law.
11. Linking and Social Media Features
If the Company provides links to social media platforms and you choose to visit those websites, note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. The Company does not control user content on social media homepages and is not responsible for any third-party use of your content that you have posted, transmitted, or otherwise made available there.
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 Website.
- 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.
12. 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.
13. 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.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content 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 COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON OR THROUGH THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE WEBSITE.
THE WEBSITE CONTAINS INFORMATION ABOUT SPORTS, FANTASY SPORTS, SPORTS BETTING, IGAMING, AND OTHER TYPES OF ONLINE SOCIAL GAMING. SUCH INFORMATION IS NEITHER ADVICE NOR A RECOMMENDATION REGARDING WHETHER YOU SHOULD PARTICIPATE IN OR HOW TO ENGAGE IN ANY SUCH ONLINE GAMING 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, FANTASY SPORTS RISKS, OR SOCIAL GAMING RISK. ANY SPORTS BETTING, IGAMING, FANTASY SPORTS, OR SOCIAL GAMING 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.
15. 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. IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
16. 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. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. 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.
18. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise users that (i) the Website is provided by American Affiliate Co., LLC, 505 E. Windmill Lane 1-C , Ste #150 Las Vegas NV 89123, and (ii) a fee may be charged for certain offerings. The Company reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to users. If a user has a complaint regarding the Website or desire further information on use of the Website, please contact info@bettinghero.com.
19. 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).
20. 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).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
You agree to work with the Company in good faith to resolve any dispute, controversy, disagreement, or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Website before escalating the Dispute to binding arbitration or litigation, as addressed below. You must give the Company an opportunity to resolve the Dispute by sending written notification to American Affiliate LLC. All Rights Reserved. 505 E. Windmill Lane 1-C, Ste #150, Las Vegas, Nevada 89123, United States with the subject line “DISPUTE” or mailing American Affiliate Co. LLC, Attn: Dispute Resolution, 505 E. Windmill Lane 1-C, Ste #150 Las Vegas, Nevada 89123, United States]. The written notification of Dispute must include: (i) the user’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the user seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
Binding Arbitration
By entering into this agreement, You agree that all Disputes between You and the Company that cannot be resolved through the Company’s Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in [city, state] before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures or JAMS (but excluding the JAMS Streamlined Rules). The laws of the State of Nevada shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and the Company and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
a. 30-Day Right to Opt Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to the Company, Attn: Opt Out, [American Affiliate LLC. All Rights Reserved. 505 E. Windmill Lane 1-C, Ste #150, Las Vegas, Nevada 89123, United States]. The written notification must include: (i) the user’s name and address and (ii) a clear statement that the user does not wish to resolve disputes with Betting Hero through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the user’s relationship with the Company. If You opt-out of these provisions, the Company also will not be bound by them. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT.
b. 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.
21. Service and Maintenance
We conduct maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the service will not be available during maintenance periods. If possible, users will be notified of maintenance periods in advance, however, users hereby agree that We may update the Website with or without notifying users. We also reserve the right to modify or discontinue operation of any aspect of the Website at any time, including, without limitation, any features or content thereon. All problems encountered during the use of the Website, can be reported to Betting Hero when the problem is encountered at info@bettinghero.com.
22. Relationship of Parties/No-Third-party Beneficiaries
You agree that no joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of this Agreement or their use of the Website. You agree not to hold yourself out as representative, agent, operator, distributor, or employee of the Company and the Company shall not be liable for any of their representations, acts, or omissions. You also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
23. Assignment
The Company may assign its rights and obligations under this Agreement and/or the Company Privacy Policy, in whole or in part, to any person or entity at any time with or without the Your consent. Upon such assignment, We may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement or the Company Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.
24. Force Majeure
We shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
25. No Agency
Nothing in these Terms will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.
26. 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.
27. 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 social gaming 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.
28. Supplemental Policies
We may publish additional policies related to specific services such as contests, or promotions. Your right to use such services is subject to those specific policies and these Terms.
29. Notices
The Company may notify You via postings on the Website, via e-mail and/or any other method of communication to the contact information You provide to Us. All questions, complaints, or claims pertaining to the Website as well as any notices given by users or required from users under these Terms or the Company Privacy Policy shall be in writing and directed to:
American Affiliate Co. LLC
505 E. Windmill Lane 1-C , Ste #150 Las Vegas NV 89123
info@bettinghero.com
Any notices You provide that do not comply with this Section 27 shall have no legal effect.
30. Governmental Compliance
The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Website or information provided to or gathered by the Company with respect to such use.
31. 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
32. Contact Us
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@bettinghero.com.