TERMS AND CONDITIONS:
LEGALITY OF USE OF THE SERVICES
You may only use these services if you are 21 years of age or over, a United States resident. You confirm that you are not accessing these services to gamble in a state in which sports betting is illegal at the time of placing any bet or participating in a game. You understand and accept that we are unable to provide you with any legal advice or assurances and that it is your sole responsibility to always ensure that you comply with the laws that govern you and that you have the complete legal right to use the Services. You hereby acknowledge that underage gambling is illegal, and that it is a criminal offense to allow a person who is under the age of 21 to participate in internet or mobile wagering. Any use of the services is at your sole option, discretion and risk. By using the Services, you acknowledge that you do not find the Services to be offensive, objectionable, unfair, or indecent in any way. Whenever the Terms of Service are changed, AWS shall require you to acknowledge acceptance of the changes. Your acknowledgement shall be date-and-time stamped by the AWS online system.
Underage gambling is a criminal offense, and any person under the age of 21 who engages in online wagering, or any person who facilitates or enables someone under the age of 21 to gamble, has committed a criminal offense, is subject to criminal prosecution, shall be prohibited from internet gaming, and will be subject to disciplinary action.
Federal Law prohibits and restricts wagering on the internet (including, but not limited to, such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (‘The Wire Act’) and 31 U.S.C. §§ 3163 through 3167 (the Unlawful Internet Gambling Enforcement Act, or ‘UIEGA’)).
To ensure fairness, we may take any measures we deem appropriate in order to create a fair and balanced virtual environment.
We reserve the right to suspend, modify, remove or add to any of the services (collectively, a “Change”) in our sole discretion with immediate effect and without notice. We will not be liable for any such action.
We forbid the posting of any prohibited Third-Party Content (as that term is hereinafter defined) on our platforms.
We reserve the right to suspend your use of certain of the services and platforms for any infractions of our Code of Conduct.
No communications or information published on the Services are intended to constitute legal advice or tax advice, and we accept no liability for any reliance on such content.
For the purpose of any reference to time in connection with Your use of the services, we use the Pacific Time Zone (PST), unless otherwise specified.
Your use of the Services (including, for the avoidance of doubt, any intellectual property or services we may license from third parties from time-to-time, which forms part of the services) is for your personal, entertainment use on a single computer or similar electronic device only. You may not use the services, or any intellectual property contained therein for any commercial purpose.
By accessing our Platforms, or using, or attempting to use, our software or the services, you represent and warrant to us that:
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You are 21 years of age or older;
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You are a legal resident of the United States,
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You are not engaging in any illegal gambling activity defined by your state of residence.
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All details provided by you to us to setup your Account or otherwise participate in the Services are true, current, correct and complete;
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You are of sound mind and capable of taking responsibility for your actions and you can enter into a legally binding contract with Us;
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You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and internet needs to access our services;
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You fully understand the methods, rules, and procedures of our platform;
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You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand;
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You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks on the platforms;
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You will not disguise or interfere in any way with the internet protocol address (“IP address”) of the computer or other device you are using to access the services, or otherwise take steps to prevent us from correctly identifying the actual IP address of the device You are using while accessing the services; and
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You accept and agree to abide by the rules of the platform as set out on the services, these General Terms of Service, and the Agreements.
ACCOUNT/REGISTRATION
To use the Services, you will first need to register an account with us at www.awsplays.com. You may access any of the services from your account (as defined below). You are prohibited from allowing any other person to access or use your account.
You can open an account with us by choosing a unique account name and password and entering other information that We ask for on Our registration form, such as (but not limited to) Your first and last name, physical address, e-mail, birth date and telephone number (an ‘Account’).
You shall ensure that the details provided at registration are accurate and kept up to date. You can change the e-mail and phone number details You provide at registration at any time by editing them in your account preferences.
There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in U.S. dollars and shall not bear interest. You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder.
You can contact AWS Customer Service at any time to obtain Your account and game history. You may also access your account and purchase history by logging into your account and accessing “My Account” and following the prompts.
PAYMENTS
All accounts will require a credit card on file. All purchases will be placed on auto-renewal. Credit card and cardholder information will not be shared nor charged at any time aside from the renewal date of the most recent purchase. All renewals must be canceled a minimum of 24 hours prior to the corresponding renewal date. Failure to do so will result in a renewal of the most recently purchased product / service.
All payments made into your account are authorized and you will not attempt to reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
REFUND POLICY
All initial purchases are final. Any unintended purchase renewals must be contested within 24 hours of the renewal date or the purchase will be considered intentional and is not eligible for returned funds. Day passes of any kind are not eligible for refund under any circumstance outside of a fraudulent charge.
NO REPRODUCTION OR RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the platforms, the Software or the services, use of the Platforms, the Software or the Services, or access to the Platforms, the Software or the Services.
COPYRIGHT AND TRADEMARKS
The terms ALLWEEKSPORTS, AWS and any other marks used by us are the trademarks, service marks or trade names of the group, one of its subsidiaries or associated companies, or its licensors. Further, all other material used by us, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the group, one of its subsidiaries or associated group companies, or licensors, and is protected by copyright or other intellectual property rights. You obtain no rights in such copyright material, trademarks or service marks and must not use them without the group’s written permission.
ACKNOWLEDGMENT OF RISK
All gambling carries inherent risk. AWS is designed strictly for entertainment purposes. AWS strives to create a community of responsible and law-abiding sports loving individuals who enjoy evaluating gambling lines on sporting events. No content on the AWS platform or positioned as advice and therefore assume no responsibility for any action taken or monies lost based on the information presented on the AWS platform. If you have a gambling problem, please seek proper help and assistance. Resource links are posted below.
National Counsel of Problem Gambling
1-800-522-4700
1-800-426-2537
LIMITATIONS AND EXCLUSIONS
SUBJECT TO APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 18, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS. MALFUNCTION VOIDS ALL PAYS.
THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OR ANY THIRD PARTY’S USE OF THE SOFTWARE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE DAMAGES, ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, DAMAGE FOR, BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS (INCLUDING LOSS OF OR FAILURE TO RECEIVE ANTICIPATED WINNINGS), REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.
THE GROUP SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, ESP, PAYMENT PROCESSOR, FINANCIAL INSTITUTION OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE, TO RECEIVE FUNDS FROM US OR YOUR ONLINE GAMING ACCOUNT, OR TO PROVIDE PAYMENT PROCESSING OR OTHER SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE GROUP OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SOFTWARE OR THE SERVICES.
NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS RELATING TO PAYMENT PROCESSING BY A THIRD-PARTY ESP OR FINANCIAL INSTITUTION.
NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
IF AND ONLY TO THE EXTENT THAT SECTION 24.9 DOES NOT APPLY, OUR MAXIMUM LIABILITY (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THE TERMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE AVERAGE BALANCE HELD IN YOUR ACCOUNT IN THE PREVIOUS SIX (6) MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN SIX (6) MONTHS).
WE HAVE NO LIABILITY TO YOU ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
WE ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR BETS OR THE ACCEPTANCE OF BETS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. WE WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITE AND YOU CONFIRM THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY INTERRUPTION IN OUR SERVICES CAUSED BY ANY RIOT OR CIVIL COMMOTION; HURRICANE; WAR; FIRE; EARTHQUAKE; TERRORISM; ACT OF GOD; PANDEMIC; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF ELECTRONICS, TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE WE WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES).
INDEMNIFICATION
You agree to indemnify, defend and hold us, our group, and our and their respective directors, officers, employees, agents, affiliates, affiliated companies, and other partners harmless from and against any claim or demand, damages, losses or liabilities, including reasonable attorneys’ fees, made or claimed by any third party due to or arising out of your use of the software or the services, your connection to the platforms or the services, your violation of the agreements, any misrepresentations made by you, our use of information that you submit to us, or your infringement of any intellectual property or other right of any other person or entity.
REQUIRED DISPUTE RESOLUTION CONFERENCE
Before initiating any claim in arbitration, or initiating a case as otherwise permitted by this Agreement, You and We (each a “party” and together the “parties”) must engage in a good-faith effort to resolve any claim through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. The informal telephonic dispute resolution conference shall occur within sixty (60) days of the other party receiving such notice, unless an extension is mutually agreed upon by the parties. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section and such tolling shall end at the end of the telephonic conference. Engaging in an individualized informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and if either party fails to engage in this process, the arbitrator shall dismiss that party’s arbitration demand.
To initiate an informal telephonic resolution conference, the party initiating a claim must give notice to the other party in writing of its, his, or her intent to do so. The notice must contain the name, telephone number, mailing address, and e-mail address of the initiating party, a factual description of the nature and basis of the dispute, the amount that the party is seeking for resolution of the dispute, and the personal signature of the party (a copy of which may be submitted via e-mail).
Any notice you give to AWS pursuant to Section 28.3.2 must be sent via e-mail to: admin@awsplays.com, Any notice AWS gives to you will be sent to the most recent e-mail address that you have provided us in connection with your account. It is your responsibility to keep the e-mail address connected to your account current and to regularly check your e-mail account for e-mails from us.
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