Terms of Use

The Betsol website at www.betsol.com (collectively, the “Website”) is a copyrighted work belonging to and operated by Betsol, Inc., its affiliates, licensors, and subsidiaries (collectively, “Betsol”). By accessing the Website, you indicate your acknowledgment and acceptance of these terms of use (“the Terms of Use”). These Terms of Use are subject to change by Betsol at any time in its sole discretion, and your continued use of the Website following modification constitutes your agreement to be bound by these Terms of Use.

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Website.  By accessing or using the Website, you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  If you do not agree with all of the provisions of these Terms, do not access and/or use the Website.

These terms include an obligation to submit all claims to arbitration, and you are waiving your right to a jury trial

Copyright and Trademark

Betsol, Rebit, Zmanda, Leto, and their respective logos, and all trademarks and service marks listed on the Website, are trademarks and service marks of Betsol (collectively, the “Marks”). You are not granted any right to use Betsol’s Marks (including, without limitation, the layout of the Website), and all such items remain the exclusive property of Betsol. The Website and all material on the Website, including but not limited to, text, graphics, logos, blog posts, images and audio clips (the “Content”) is the sole property of Betsol and its licensors and is protected by United States and international copyright laws. Subject to these Terms of Use, Betsol grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and view the Content on the Website for your own personal use. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Betsol. Modification or use of the Content except as expressly provided herein is a violation of Betsol’s intellectual property rights. You acknowledge and agree that Betsol will have no obligation to provide you with any support or maintenance in connection with the Website.

Website Rules

You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Website or Content in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website or Content in a manner that sends more request messages to the Betsol servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Betsol grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Website or any Content; (g) collecting or harvesting any personally identifiable information, including account names, from the Website or Content; (h) using the Website for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Website; (k) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; (l) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein; or (m) using the Website or Content to create a competing product or service. We may, without prior notice, change the Website or Content; stop providing the Website or features of the Website, to you or to users generally; or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by the obligations of this Terms of Use. You are solely responsible for your interactions with other Betsol users. Betsol shall have no liability for your interactions with other users, or for any user’s action or inaction.

NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

It is Betsol’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Betsol ‘s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Betsol to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:

Attn: Copyright Agent
Betsol Inc.
10901 W 120th Ave #235
Broomfield, CO 80021

Betsol may at its sole discretion limit access to the Website and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

External Links

Betsol may provide access to resources and links to other websites. When you access a non-Betsol website, even one that may contain the Betsol logo, you leave the Website and understand that it is independent from Betsol, and that Betsol has not reviewed nor is it responsible for the content of any linked websites. Betsol makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Betsol of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Privacy

For an explanation of what information Betsol collects and how much information may be used and/or shared with others, please refer to our privacy policy at https://betsol.com/privacy/

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BETSOL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Betsol may make changes or improvements to the Content and functionality of the Website at any time, without prior notice to you. You expressly agree that your use of this Website is at your sole risk.

In no event shall Betsol be liable for any indirect, incidental, special, punitive or consequential damages of any kind, including, without limitation, those resulting from loss of use, data, or profits, whether or not Betsol has been advised of the possibility of damages, on any theory of liability, arising out of or in connection with access to, use or performance of the Website, failure of the Website to operate, or any Content or other information provided in connection with the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that Betsol would not grant access to the Website without your agreement to this term. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO BETSOL DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

International Use

Betsol makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws.

Indemnity

You agree to defend, indemnify and hold harmless Betsol and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website (b) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; or (d) your violation of any applicable law, rule or regulation.

Governing Law

These Terms of Use shall be governed, construed, and enforced in accordance with the laws of the State of Colorado without reference to conflicts of law principles that would require the application of the laws of a different jurisdiction. Any dispute, controversy, or claim arising out of or relating to these Terms, including, but not limited to, the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed “international” within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in Denver, Colorado. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Betsol agree that any arbitration will be limited to the dispute between Betsol and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BETSOL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Entire Terms

These Terms of Use constitutes the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Betsol is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Betsol’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  The terms and conditions set forth in these Terms of Use shall be binding upon assignees.

Customer Service

Questions or comments regarding the Website may be submitted using the contact-us form on the website or writing to our office address listed on the website.