WagerLab Terms and Conditions

Agreement between User and WagerLab

Welcome to WagerLab. This Agreement applies to WagerLab LLC and governs usage of the products and services provided by WagerLab. For the purposes of these Terms and Conditions (the “Terms”), unless otherwise noted, all references to “WagerLab” reference WagerLab LLC, references to the “Site” reference the WagerLab website, and references to the “App” reference the WagerLab mobile application, which is made available through the Apple App Store and through the Google Play Store. WagerLab is a mobile wagering app which provides a game where users can place and track for-fun wagers. WagerLab is offered to you conditioned on your acceptance without modification of the Terms. Your use of WagerLab or any click to agree to these Terms constitutes your agreement to all such Terms. If you do not agree to these Terms, then you may not access or use WagerLab in any way. Please read these Terms carefully, and keep a copy of them for your reference.

Real Money Wagering

WagerLab is to be used exclusively for entertainment purposes. Wagers created through WagerLab do not in any way represent real-money wagers. Use of WagerLab in conjunction with real-money wagering is strictly prohibited. You may contact us at the following email address to report violations of this provision: terms [at] wagerlab [dot] app.

WagerLab makes no representation that the use of WagerLab in conjunction with real-money wagering is lawful.

Tickets

The App allows registered end users to collect “Tickets” within the App. You agree that these Tickets carry NO MONETARY VALUE. WagerLab makes no guarantee as to the availability of any Tickets, whether Tickets will be supplied to you, or whether the correct amount of Tickets will be issued to you. You agree that you have no property interest in the Tickets and that the Tickets are granted under a limited, non-exclusive, revocable, non-sub-licensable, non-transferrable, and personal license only for use with the App. Any Tickets shown in your account shall not be construed in any way to hold monetary value or as showing any property interest. You do not have any right or title to the Tickets, other than the rights and titles granted in this section. WagerLab reserves the right at any time, with or without notice to you, to adjust your Ticket balance. You hereby agree that your balance of Tickets does not contain any stored value, and can be expired or terminated by WagerLab at any time. If you have a loss of Tickets, whether caused by WagerLab, as a result of technical error, third-party interference, or any other reason, you agree that WagerLab shall not be liable and shall not be responsible to restore or update your Tickets balance. Notwithstanding the foregoing, WagerLab’s maximum liability, and your exclusive remedy for any errors regarding Tickets, is to credit back the Tickets. All decisions on issuing back or deducting Tickets shall be at WagerLab’s sole discretion.

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By obtaining Tickets or entering into any Sweepstakes offered by WagerLab, you agree to the Sweepstakes Rules.

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Privacy Policy

Your use of WagerLab is subject to your agreement to WagerLab’s Privacy Policy. Please review our Privacy Policy, which governs the App and Site and informs users of our data collection practices.

Electronic Communications

Visiting WagerLab or sending emails to WagerLab constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on WagerLab, satisfy any legal requirement that such communications be in writing.

Accounts

If you use WagerLab, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You may create and use up to one account and each account may be created and used by up to one individual. Users may not co-own accounts on WagerLab. You acknowledge that WagerLab is not responsible for third party access to your account that results from theft or misappropriation of your account. WagerLab and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

WagerLab may at any time change or request you to change information related to your account including your username and password.

Children

WagerLab does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of thirteen, you may not use WagerLab at all. If you are under 18, you may use WagerLab only with permission of a parent or guardian.

Links to Third Party Sites/Apps/Services

WagerLab may contain links to other apps, websites, or services (“Linked Sites”). The Linked Sites are not under the control of WagerLab and WagerLab is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WagerLab is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WagerLab of the Linked Site or any association with its operators.

Certain services made available via WagerLab may be delivered by third parties. By using any product, service or functionality originating from WagerLab, you hereby acknowledge and consent that WagerLab may share information and data with any third party with whom WagerLab has a contractual relationship to provide the requested product, service or functionality on behalf of WagerLab users and customers.

License

Subject to agreement and compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use WagerLab strictly in accordance with these Terms.

Prohibited Use

You warrant to WagerLab that you will not use WagerLab for any purpose that is unlawful or prohibited by these Terms. You may not use WagerLab in any manner which could damage, disable, overburden, or impair WagerLab or interfere with any other party’s use and enjoyment of WagerLab. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through WagerLab.

App Download

You may download and install up to one copy of the WagerLab app per device and you must exclusively control any device on which you download or run the WagerLab app. You may not run any version of the WagerLab app on a jailbroken device. By downloading the WagerLab app, you agree to promptly download and install any new version of the that app which WagerLab makes available through the iTunes App Store or Google Play store.

Intellectual Property

All content included as part of WagerLab, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on WagerLab, is the property of WagerLab or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on WagerLab. WagerLab content is not for resale. Your use of WagerLab does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WagerLab and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WagerLab or our licensors except as expressly authorized by these Terms.

Use of Communication Services

WagerLab may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including names or e-mail addresses, without their consent; violate any applicable laws or regulations.

WagerLab has no obligation to monitor the Communication Services. However, WagerLab reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WagerLab reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.

WagerLab reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WagerLab’s sole discretion.

Always use caution when giving out any personally identifying information in any Communication Service. WagerLab does not control or endorse the content, messages or information found in any Communication Service and, therefore, WagerLab specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload such materials.

Materials Provided to WagerLab or Posted on WagerLab

WagerLab does not claim ownership of the materials you provide to the App or the Site (including feedback and suggestions) or post, upload, input or submit through WagerLab or our associated services (collectively “Submissions”). Under no circumstances will WagerLab be liable in any way for your Submissions. However, by posting, uploading, inputting, submitting , or otherwise providing your Submission, you are granting WagerLab an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use your Submission in connection with the operation of WagerLab’s goods and services. This license includes the rights to distribute, copy, edit, adapt, transmit, publish, reformat, translate, and publicly display your Submission in whole or in part, and to incorporate your Submission into other works, in any format or medium now known or later developed, and to publish your name or username in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. WagerLab is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WagerLab’s sole discretion.

Third Party Accounts

You may be able to connect your WagerLab account to third party accounts. By connecting your WagerLab account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, you may not use this feature.

Local Laws

WagerLab is controlled, operated and administered by WagerLab from our offices within Texas in the USA. No matter where you reside, you are responsible for compliance with all local laws. You agree that you will not use WagerLab in any manner prohibited by ANY applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless WagerLab, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use WagerLab or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WagerLab reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WagerLab in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location within Texas. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and WagerLab agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH WAGERLAB MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WAGERLAB LLC AND/OR ITS SUPPLIERS MAY MAKE CHANGES TO THE WAGERLAB APP OR SITE AT ANY TIME.

YOU EXPRESSLY AGREE TO USE WAGERLAB AT YOUR SOLE RISK. WAGERLAB LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN WAGERLAB FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WAGERLAB LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAGERLAB LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF WAGERLAB, WITH THE DELAY OR INABILITY TO USE WAGERLAB OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH WAGERLAB, OR OTHERWISE ARISING OUT OF THE USE OF WAGERLAB, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WAGERLAB LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF WAGERLAB, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING WAGERLAB.

Termination/Access Restriction

WagerLab reserves the right, in its sole discretion, to terminate your access to the Site or App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of WagerLab. Use of WagerLab is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You may terminate your WagerLab account by sending an email to help [at] wagerlab [dot] app indicating your intention to terminate your account. Account terminations are subject to identity verification.

Agreement

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WagerLab as a result of this agreement or use of WagerLab. WagerLab’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WagerLab’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or App or information provided to or gathered by WagerLab with respect to such use.

If WagerLab does not enforce a provision contained within these Terms, it will not be considered a waiver of that provision or any related provisions. If any provision of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WagerLab with respect to the Site and App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WagerLab with respect to the Site and App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

The section titles contained in this Agreement are purely for convienence and have no effect on this Agreement.

WagerLab reserves all rights that are not expressly granted to you in these Terms.

You may not transfer any of your rights or obligations under these Terms without WagerLab’s expressed written consent.

These Terms neither create nor grant any rights to third-party beneficiaries.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WagerLab or under these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Changes to Terms

WagerLab reserves the right, in its sole discretion, to change the Terms under which WagerLab’s products are offered. The most current version of the Terms will immediately supersede all previous versions. WagerLab encourages you to periodically review these Terms to stay informed of our updates. The most current version of the Terms will be available on the WagerLab Site (https://www.wagerlab.app). Use of WagerLab after any changes to the Terms constitutes your acceptance of the Terms as changed.

Contact Us

WagerLab welcomes your questions or comments regarding these Terms. You can contact us at the following email address:

terms [at] wagerlab [dot] app

Last Updated June 25, 2020