These Terms of Use constitute a legally binding agreement made between you, either personally or on behalf of an entity (“you”), and 10BestHorseRacingBettingSites (“Company,” “we,” “us,” or “our”), concerning your access to and use of the website https://10besthorseracingsites.com, and any other media format, media channel, mobile website, or mobile application related to, linked with, or otherwise connected to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST CEASE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be published on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Be sure to review the applicable Terms each time you use our Site to understand what Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject us to any registration requirement within such jurisdiction or country. Consequently, individuals who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. The Site is intended for users who are at least 21 years old. Individuals under 21 are not permitted to use or register on the Site.
Unless otherwise indicated, the Site is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or controlled by us or licensed to us and are protected by copyright laws and trademark laws and various other intellectual property rights and unfair competition laws in the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” solely for your information and personal use. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any part of the Content to which you have properly gained access solely for your personal and non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any false, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission. Trick, defraud, or deceive us or other users, especially in any attempt to obtain sensitive account information, such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site to harass, abuse, or harm another person. Misuse our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing or linking to the Site. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spam (posting repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Remove the copyright notice or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for collecting or transmitting information, including, without limitation, clear GIFs, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any part of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site. Copy or adapt the software of the Site, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software that comprises or in any way forms a part of the Site. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
The Site does not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or transmit content and materials to us or on the Site, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Submissions”). Submissions may be viewed by other users of the Site and through third-party websites. As such, any Submissions you transmit may be treated in accordance with the Site's Privacy Policy. By creating or making any Submissions, you represent and warrant that: The creation, distribution, transmission, public display, or performance, and the access, download, or copy of your Submissions do not and will not infringe upon the intellectual property rights of any third party, including, without limitation, copyrights, patents, trademarks, trade secrets, or moral rights. You are the creator and owner or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to use your Submissions in any manner contemplated by the Site and these Terms of Use. You have the consent, release, and/or permission of each identifiable individual in your Submissions to use the name or likeness of each such identifiable individual to allow the inclusion and use of your Submissions in any manner contemplated by the Site and these Terms of Use. Your Submissions are not false, inaccurate, or misleading. Your Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Submissions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, or otherwise objectionable (as determined by us). Your Submissions do not ridicule, mock, disparage, or defame any person or group. Your Submissions do not violate any applicable law, regulation, or rule. Your Submissions do not violate the privacy or publicity rights of any third party. Your Submissions do not violate any applicable law concerning child offensive products, or otherwise intended to protect the health or well-being of minors. Your Submissions do not include any information that you consider confidential or proprietary.
By posting your Submissions on the Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and our (and our successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Site a non-exclusive license to access your Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Submissions as permitted through the functionality of the Site and under these Terms of Use. No compensation will be paid with respect to the use of your Submissions, as provided herein. We are under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you to us are not confidential and will become our exclusive property. We will have exclusive rights, including all intellectual property rights, and will have the right to use and disseminate such Submissions for any legal, commercial, or other purpose, without acknowledgment or compensation to you. You waive all moral rights to such Submissions and guarantee that such Submissions are original to you or that you have the right to submit such Submissions. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
The Site may contain (or you may be directed through the Site) links to other websites (“Third-Party Sites”), as well as articles, photographs, text, graphics, images, designs, music, sounds, videos, information, applications, software, and other content or items owned or originating from third parties (“Third-Party Content”). These Third-Party Sites and Third-Party Content are not investigated, monitored, or verified for accuracy, adequacy, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or for any Third-Party Content posted on the Site, available, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained in Third-Party Sites or Third-Party Content. The inclusion, linking, or permission of use or installation of any third-party sites or third-party content does not imply our approval or endorsement. If you decide to leave the Site and access Third-Party Sites or use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms of Use will no longer apply. You should review the applicable terms and policies, including privacy practices and data collection, of any site you navigate to from the Site or related to any applications you use or install from the Site. Any purchases you make through third-party sites will be made through other sites and other companies, and we assume no responsibility for such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party sites and will hold us harmless from any damages caused by the purchase of such products or services. Additionally, you will indemnify us for any losses you suffer or damages caused to you related to or resulting from any form of Third-Party Content or any contact with Third-Party Sites.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about the privacy and security of data. By using the Site, you agree to be bound by our Privacy Policy published on the Site, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from the applicable laws in the United States, then, by continuing to use the Site, you will be transferring your data to the United States and you agree that your data may be transferred and processed in the United States.
These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY REPRESENTATION, WARRANTY, OR AGREEMENT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION ON THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POST AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account in your name, a false or borrowed name, or the name of third parties, even if you are acting on behalf of third parties. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, seeking civil, criminal, and injunctive relief.
We reserve the right to change, modify, or remove the content of the Site at any time or for any reason, at our sole discretion, without prior notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without prior notice, at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Site. We cannot guarantee that the Site will be available all the time. We may encounter hardware, software, or other issues or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason, without prior notice. You agree that we have no responsibility for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuation of the Site. Nothing in these Terms of Use shall be construed to obligate us to maintain and support the Site or to provide any corrections, updates, or releases related to it.
1. GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
2. DISPUTE RESOLUTION
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except for Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration will be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, when applicable, the AAA’s Supplementary Procedures for Consumer Disputes (“AAA Consumer Rules”), both available on the AAA’s website: www.adr.org. Your arbitration fees and your share of the arbitrator’s compensation will be governed by the AAA Consumer Rules and, when applicable, limited by the AAA Consumer Rules. Arbitration may be conducted in person, by document submission, by phone, or online. The arbitrator will issue a written decision but will not be required to provide a statement of reasons unless requested by either Party. The arbitrator must follow the applicable law, and any award may be challenged if the arbitrator fails to do so, except as otherwise required by the applicable AAA rules or law. Unless otherwise provided in this document, the Parties may litigate in court to enforce arbitration, stay pending arbitration proceedings, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award. If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute will be initiated or prosecuted in the state and federal courts, and the Parties consent and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to the venue and jurisdiction of such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be initiated more than one (1) year after the cause of action arises. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within the part of this provision deemed illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration will be consolidated with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above binding arbitration provisions: (a) any Disputes seeking to enforce or protect, or relating to the validity of, any intellectual property rights of a Party; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any request for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within the part of this provision deemed illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
If any complaint with us cannot be resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.