YLose Terms and Conditions

 

Last Updated: 6/27/24

 

YLose, LLC (“we, us, our, ours, etc.”) is the owner and operator of www.ylose.com and any affiliated websites and related mobile versions and all services provided thereon (“YLose”). We are the owner or licensee of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on YLose (“Materials”).

 

These Terms and Conditions constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of YLose. By accessing or using YLose, you accept and agree to our website policies, including these Terms and Conditions, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms and Conditions, (c) you are using YLose freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

 

We reserve the right to revise these Terms and Conditions at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms and Conditions, we will change the “Last Updated” date at the top of these Terms and Conditions. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms and Conditions, then you may presume that nothing in these Terms and Conditions has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms and Conditions in their entirety. You must agree to any updated Terms and Conditions or immediately cease use of YLose. If you fail to review these Terms and Conditions as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights. 

 

We are not a gambling service, we do not take or place illegal bets, and we do not recommend or encourage illegal gambling. Instead, we merely offer information and opinions about sporting events and handicapping. You understand that the information and opinions provided on YLose (i) are the opinions of our independent sports betting handicappers; (ii) are not statements of fact or guarantees, and (iii) do not reflect the opinions of YLose, LLC or its owners or operators. Further, you acknowledge that the opinions of our handicappers may differ from each other.

 

Gambling, whether in-person or online, is not legal in all areas. If you seek information regarding any illegal activity, you must leave YLose immediately. You agree not to use YLose if doing so would violate the laws of your state, province, or country. Please consult with your local authorities or legal advisors before participating in online gaming of any kind. It is your sole and absolute responsibility to comply with all applicable laws, and you assume all risk in using YLose. Nothing published on YLose shall be construed as legal advice on any issue. You assume all risk and responsibility for your access to and use of YLose. We bear no responsibility for your access to or use of YLose in connection with gambling activities, and we do not condone illegal gambling. You understand and agree that YLose is for entertainment purposes only. You specifically agree to hold YLose harmless from any claims arising from your use of information found on YLose for gambling purposes. We make no guarantee that YLose is legal in your jurisdiction.

 

1. Accounts

 

1. Registration

 

All users may register for a single account on YLose, provided you meet the requirements set forth herein and otherwise abide by these Terms and Conditions. To purchase a package of sports betting selections (“Package”), you must also provide a valid payment method.  

 

1. Accuracy

 

If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user.

 

1. No Account Sharing

 

You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

 

1. Termination by You

 

You may terminate services and delete your account by contacting us at service@ylose.com. You will not assign, transfer, sell, or share your membership to YLose. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

 

1. Termination by Us

 

We may suspend or terminate your account, membership, and any licenses herein, at any time, for any reason, in our sole discretion, including if you violate these Terms and Conditions or if your account becomes inactive for more than six months. If we terminate your account, you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

 

1. Grant of Rights

 

1. Materials

 

You understand that all we are offering you is access to and use YLose and the Materials, as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use YLose. All users may access and use certain public areas of YLose, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of YLose for private, non-commercial purposes. This free license does not include a license to access or use paid areas of YLose or the Materials therein. If you purchase a Package, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use YLose and the Materials, as limited by your purchase of Packages and other paid features as may be offered from time to time. This paid license is for private, non-commercial purposes. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use YLose, the Materials, and certain paid features is not a transfer of title. You will not copy or redistribute any of the Materials, and you will prevent others from unauthorized access, use of, or copying of the Materials.

 

1. Acceptable Use Policy

 

1. Prohibited Uses for All Users

 

You agree that you will only use YLose for purposes expressly permitted and contemplated by these Terms and Conditions. You may not use YLose for any other purposes without our express prior written consent. Without our express prior written authorization, you will not: 

 

• use YLose for any purpose other than as offered by us, including in any way that is violative of these Terms and Conditions, credit card association standards, or any applicable law, regulation, or treaty of any applicable governmental body, including:

 

• laws prohibiting illegal gambling;

 

• intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices;

 

• laws against obscene, lewd, defamatory, or libelous speech; and

 

• laws protecting confidentiality, privacy rights, publicity rights, or data protection.

 

• sell or otherwise disclose the information and opinions contained in the Packages to any third party.

 

• Use the information and opinion contained in the Packages for illegal gambling, in any other illegal activity, or for any other illegal purpose.

 

• fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

 

• link to YLose on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.

 

• access the accounts of other users.

 

• engage in any fraudulent activity, including impersonating any real or fictitious third party or falsely claiming affiliation with YLose or any third party.

 

• circumvent, disable, damage, or otherwise interfere with the operations of YLose, any user’s enjoyment of YLose, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of YLose, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

 

• reverse engineer, decompile, disassemble, or otherwise discover the source code of YLose or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

 

• access or use any automated process (such as a robot, spider, scraper, or similar) to access or use YLose in violation of our robot exclusion headers or to scrape all or a substantial part of the YLose (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

 

• modify, adapt, translate, or create derivative works based on YLose, except and only if applicable law expressly permits that activity despite this limitation.

 

• commercially exploit or make available, mirror, or frame YLose.

 

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

 

• attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

 

Engaging in any Prohibited Use will be considered a breach of these Terms and Conditions and may result in immediate suspension or termination of the user’s account and access to YLose or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms and Conditions or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, and termination of your account.

 

1. Law Enforcement

 

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms and Conditions, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.

 

1. Billing

 

1. Purchases

 

If you provide valid and current payment information you may purchase Packages and other paid features as may be available from time to time. We offer you the opportunity to purchase different Packages and other paid features for differing prices. The price of such Packages and other paid features is displayed on YLose, and you may only purchase Packages and other paid features for the currently displayed price. We reserve the right to charge additional fees for access to or use of YLose or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from YLose.

 

By purchasing a Package or other paid feature, you authorize us to email you information about your Package or other paid feature, including the selections associated with that Package or other paid feature, as well as notices, advertisements, and other communications. You understand and agree that such communications may contain information about sports betting which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

 

You understand and agree that Packages do not offer a set amount of picks on any given day, and that there may be no picks on any given day. Even if no picks are provided on any given day, that day will count as a day against the duration of your access to the Package.

 

You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, or upgraded features associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account.

 

1. Guarantees and Refunds

 

While Packages and other paid features are not eligible for any full or partial refunds, we may offer a guarantee on Packages and other paid purchases from time to time. The terms and conditions of any guarantee are prominently displayed on YLose at the time of purchase. Guarantees are only available if you purchase the “guaranteed win” or “backed” Package on the date of the promotional offer. Packages with marketing materials indicating that the Packages are “backed” or which include other indicia of a “guaranteed win” mean that we will provide you with a free upgrade on your next purchase of a Package, if that “guaranteed win” Package did not result in a single winning selection. Under no circumstances will YLose reimburse you for any gambling losses regardless of the nature of the Package.

 

1. Third-Party Payment Processing

 

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with YLose. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

 

1. Changes to Your Payment Information

 

You must promptly inform our third-party billing agents of all changes, including changes to your address, debit or credit card, and other banking information used in connection with billing through YLose. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing agents.

 

1. Chargebacks

 

If you make a purchase on YLose that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback.

 

1. Changes to Our Billing Methods

 

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

 

1. Refunds

 

You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

 

1. Billing Errors

 

If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing agents immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms and Conditions.

 

1. Fraudulent Use of Credit Cards

 

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

 

1. Dispute Resolution and Damages

 

1. Governing Law and Venue

 

These Terms and Conditions and all matters arising out of, or otherwise relating to, these Terms and Conditions shall be governed by the laws of the United States and the state of Florida, excluding any conflict of law principles. Any and all disputes must be, without exception, resolved in Orange County, Florida, and the parties agree to exclusive jurisdiction and venue therein. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Terms and Conditions in any other jurisdiction. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms and Conditions whatsoever. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms and Conditions. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in any manner provided by law if such enforcement becomes necessary.

 

1. Waivers

 

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

 

1. Rights to Injunctive Relief

 

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms and Conditions, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

 

1. Additional Fees

 

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to (i) collect any damages or any other amount of money from you, (ii) pursue any claim against you involving your use of YLose or any breach of these Terms, or (iii) defend any claim brought by you involving your use of YLose or any alleged breach of these Terms, then you additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we prevail. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

 

1. Disclaimers

 

1. We Disclaim All Warranties

 

We provide access to and use of YLose “as is” and “with all faults.” We make no warranty that YLose will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of YLose will be uninterrupted, timely, secure, error-free, or that loss of the Materials will not occur, to the greatest extent provided by applicable law. We may change any of the information found on YLose at any time or remove any or all Materials. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through YLose or any transaction entered into through YLose. There are no warranties of any kind that extend beyond the face of these Terms and Conditions or that arise because of course of performance, course of dealing, or usage of trade.

 

1. Use at Your Own Risk

 

You expressly agree that access to and use of YLose is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that YLose will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or YLose, specifically. You understand and agree that any Materials downloaded or otherwise obtained through YLose is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

 

1. Third-Party Links

 

YLose may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on YLose and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms and Conditions or our other policies. We reserve the right to demote or remove any link at any time.

 

1. Violations of Law

 

Access to and use of YLose in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use YLose will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

 

1. Indemnification

 

You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use YLose, or any breach of these Terms and Conditions by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

 

1. Limitation of Liability

 

You acknowledge that we will not be liable to you for any losses incurred as a result of access to or use of YLose. In all instances, we will not be liable to you for any damages in excess of one hundred dollars ($100) or the amount of money you spent on YLose in the last year, whichever is lesser. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of YLose including claims relating to the following:

 

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, betting, wagering, or gambling, any financial loss not due to our fault, missed meetings, unmet expectations, detrimental reliance, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of YLose, unavailability of YLose, its functions and any other technical failure that may result in inaccessibility of YLose, or any claim based on vicarious liability for torts committed by individuals met on or through YLose, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

 

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

 

We expressly disclaim any liability or responsibility to you for any of the following:

 

• Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies thereof or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.

 

• Personal injury, monetary losses, or property damage of any nature resulting from your access to and use of YLose.

 

• Any third party’s unauthorized access to or alterations of your account.

 

• Any interruption or cessation of transmission to or from YLose and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through YLose.

 

• Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through YLose by any third party.

 

• Any incompatibility between YLose and your other services, hardware, or software.

 

1. Intellectual Property

 

1. Trademarks

 

YLose is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on YLose may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

 

1. Copyrights

 

The Materials are our proprietary information and valuable intellectual property. We retain all rights, title, and interest in the Materials. YLose and the Materials are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms and Conditions violates our intellectual property rights.

 

1. General

 

1. Entire Agreement

 

These Terms and Conditions and any other legal notice or agreement published by us on YLose, form the entire agreement between you and us concerning your use of YLose. It supersedes all prior terms, understandings, or agreements between you and us regarding use of YLose. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceedings based on or relating to these Terms and Conditions. Such version of these Terms and Conditions shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

1. Policies of Our Service Providers

 

You understand and agree that we may use certain third-party service providers to provide you with access to and use of YLose. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

 

1. Assignment and Delegation

 

We may assign any rights or delegate any performance under these Terms and Conditions without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

 

1. Severability

 

If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

 

1. Cumulative Remedies

 

All rights and remedies provided in these Terms and Conditions are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

 

1. Successors and Assigns

 

These Terms and Conditions inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms and Conditions.

 

1. Force Majeure

 

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

 

1. Notices

 

Any notice required to be given by us under these Terms and Conditions may be provided by email to a functioning email address of the party to be noticed, by a general posting on YLose, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at service@ylose.com unless otherwise specified in these Terms and Conditions. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms and Conditions. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

 

1. Confidentiality

 

The sports betting picks and other information sold to users are confidential and subject to trade secret protection. You agree not to disclose, sell, or otherwise transfer this information to third parties. Note, however, we do not provide any facility for sending or receiving private or confidential electronic communications by users. All messages transmitted to us by users shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into YLose may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.

 

1. Consideration

 

We allow you to access and use YLose, as limited by your purchase of Packages and other paid features as may be offered from time to time, in consideration for your acquiescence to all the provisions in these Terms and Conditions. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of YLose.

 

1. Electronic Signatures

 

You agree to be bound by any affirmation, assent, or agreement you transmit through YLose. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

1. English Language

 

We have written these Terms and Conditions and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms and Conditions as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms and Conditions. In the event that you choose to translate these Terms and Conditions, you do so at your own risk, as only the English language version is binding.

 

1. Export Control

 

You understand and acknowledge that the software elements of YLose may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

 

1. No Agency Relationship

 

Nothing in these Terms and Conditions shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

 

1. Usages

 

In these Terms and Conditions, unless otherwise stated or the context otherwise requires, the following usages will apply:

 

• References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

 

• In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

 

• References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

 

• “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

 

• “Including” means “including, but not limited to.”

 

1. No Waiver

 

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from these Terms and Conditions.

 

1. Headings

 

All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of these Terms and Conditions.

 

1. Other Jurisdictions/Foreign Law

 

We make no representation that YLose is appropriate or available for use in all locations. You may not access or use YLose from territories where its contents may be illegal or are otherwise prohibited. Those who choose to access and use YLose from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms and Conditions shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States.

 

1. Service Not Available in Some Areas

 

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use YLose. YLose IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use YLose while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms and Conditions, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on YLose, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of YLose in any jurisdiction.

 

[nothing more follows]

 

© Walters Law Group (2024). All rights reserved.