BY ACCESSING OUR WEBSITE OR APPLICATION AND SUBMITTING THE REGISTRATION FORM OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
BetBlack is available for donwload on both Apple iOS and Google Android devices, however, it should be explicity stated that neither Apple or Google are involved in any way with the contests or prizes offered from BetBlack. None of our prizes awarded will consist of Apple products.Use of Play Money.
Play Money is one currency used in our app. Play Money resides in a user’s Primary Balance.
1. Play money in the Primary Balance may be exchanged for various prizes once certain criteria have been met including, but not limited to:
1. A specified minimum Primary Balance reached
2. Eligibility is confirmed
2. The process for exchanging Primary Balance Play Money for prizes is located on the “Withdrawal” section of the mobile application.
3. Play money has no cash value whatsoever and cannot be used for any purpose except as provided in this section.
4. You agree that BetBlack.com is an entertainment experience and that in order to ensure that your activities on this website are not considered to be gambling, you are not able to risk your own money or valuable property. As such, your account balance is legally worthless until BetBlack.com actually gives it to you. BetBlack.com intends to pay you provided that (i) meet the qualifications for payment, (ii) we are legally permitted to pay you, and that (iii) you do not breach this Agreement or our policies.
5. Any reference to “¢”, “$”, “cash”, “dollars” and “money” in the site and in this Agreement refers to BetBlack Play Money which is a non-negotiable point system and is not money, a substitute for money nor a negotiable currency. As a point system, Play Money is only a means of keeping score within the site. Play Money has no value whatsoever.
6. You shall not use Play Money for payment, sell them to someone else, or exchange it for something of value.
7. BetBlack.com may decrease, without compensation, the amount of Play Money in your account at any time in our sole discretion. You have no rights or entitlements to Play Money under this Agreement and you irrevocably waive all rights that you may have under common law, statute, or otherwise. Play Money does not represent an entitlement to legal tender, value, or prizes. BetBlack.com has no liability to make any payment to you. BetBlack.com may choose, in its sole discretion, not to approve a payment or withhold payment for any reason whatsoever including, without limitation, non-payment from our advertisers, suspected fraud with your account, etc. BetBlack.com may also pay you an amount lower than the amount you requested. BetBlack.com may also change the rules of payouts at their discretion without prior notice.
8. All payments made to you are in the nature of a gift from BetBlack.com to you, and not compensation for your efforts, activities, or your time. All prizes and payments are made in our sole discretion; we may choose to pay or not pay any person as we solely determine.
9. If we do pay you, you are responsible for and will indemnify us from all taxes, shipping fees, and 3rd party costs resulting from that payment. You acknowledge that this provision shall apply in spite of any contrary or inconsistent course of dealing in respect of Play Money, money, prizes or payments. Any user that wins over $600 per annum on the website will be required to receive proper tax forms/documentation for IRS filings.
1. Description and Rules of Play
1. The management of BetBlack.com reserves the right to refuse or limit any play and to restrict playing on any event at any time without any advance notice. The Internet is not a 100% reliable medium and that Internet Plays are not guaranteed. You will not be offered compensation of any nature for any Plays that are not accepted by BetBlack.com’s transaction server, no matter what the reason. Conversely, Plays are valid when they are accepted by the transaction server. If you have any doubts about your Play being valid, you should check your BetBlack.com account and/or contact Customer Service immediately. Plays cannot be cancelled once made.
2. Any and all plays placed in an attempt in any way to defraud BetBlack.com and/or made by or contracted by any bookmaker, gambling syndicate, and/or any person, parties, organization, friends or relatives either individually or in partnership or in conjunction with any other person, parties, organization, friends, relatives, firms or corporations in any manner whatsoever who carry on or become engaged in or concerned with or interested in or advise, lend money to, guarantee the debts or obligations of any business of the kind or similar to the kind of business of BetBlack.com shall be voided. Anyone deemed to be playing in a syndicate-like fashion so as to receive winnings will have all winnings from said activity withheld and will not receive a payout of any kind in direct relation to the aforementioned.
3. Players cannot cancel, change, or modify a play in any way once it has been received and accepted by BetBlack.com.
4. Plays will be accepted up to the starting time of the sporting event.
5. A play shall be deemed to be invalid when it is submitted later than the deadline or it is completed erroneously or incorrectly or it is a play on an obvious line error or it isn’t accepted by the transaction server for some reason.
6. Before accepting any play, the management of BetBlack.com reserves the right to limit the maximum amount played. Notwithstanding the foregoing, minimum and maximum plays shall be determined solely and exclusively by BetBlack.com. See the “Rules” section of the website for more information on minimum and maximum plays.
7. The management of BetBlack.com monitors all plays to aid in properly settling disputes. Records of all transactions are saved to a file on a backup system. The transaction log database shall serve as the final authority in disputes involving plays. Players are solely responsible for verifying the accuracy of all their account transactions.
8. It must be understood that printed odds are for information purposes only and that they are subject to change. However, with the exception of obvious line errors, the odds that are quoted at the time plays are accepted shall be deemed valid and will be used to determine winners, losers, and ties. BetBlack.com shall maintain a record of all final scores and results, and statistics to protect both players and BetBlack.com in the case of obvious mechanical or human error. BetBlack.com is not liable for printing or other errors relative to the transfer of information. BetBlack.com reserves the right to inform the public of obvious mistakes/errors (i.e., the incorrect posting of odds), and to make the appropriate adjustments.
9. In the case of an obvious error on a posted line or odds, any and all single plays will be graded “Void” and all play money to cover said plays will be returned to players’ accounts for picks not yet graded. Parlays not yet graded involving such lines will be reduced accordingly. BetBlack.com will adjust the line appropriately to remedy the situation, and the line replacing the obvious error will be deemed the true line or odds for playing purposes. This rule must be understood and accepted by players who notice the error. Any winnings achieved as a result of picks that were placed using erroneous lines or odds may be removed from your account, at any time.
10. Plays in the system are automatically void if counterfeited, forged, altered or tampered with in any way; if mechanically or electronically reproduced; if obtained outside authorized legitimate channels; or if they contain printing, production, typographical, mechanical, electronic transmission or any other errors.
11. Players accept all responsibility for any play placed from their confidential account whether placed by them or not, provided the correct login information is used to access the Site. Specifically, players accept all responsibility for any transactions placed on their account by anyone else that received the confidential login information from them, whether voluntarily or otherwise.
12. BetBlack reserves the right to change the rules of our game at any time without prior notice. This includes payouts, withdrawals, odds, or anything related to the BetBlack app.
2. Player Eligibility
1. Subject To Local Laws. You are subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which you reside and/or from which you access the Site. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and BetBlack.com does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the game, or that materials on this Site are appropriate for use in your Jurisdiction. BetBlack.com does not intend that the Site be used by persons present in Jurisdictions in which the playing of games for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by BetBlack.com for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and BetBlack.com asserts that, BetBlack.com shall not have any responsibility under any laws in any Jurisdiction, other than the state of Colorado in the United States. BetBlack.com further reserves the right to require you to provide proof that you are eligible to participate and win prizes prior to payment of any winnings or prizes. Proof of eligibility includes, but is not limited to, a copy of a valid government issued identification and proof of address. BetBlack.com also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant.
2. Parental Control. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in games or sweepstakes in the applicable Jurisdiction, whichever is higher.
2. Continuing Duty and Affirmation. Each time you use the Site, you represent and warrant to BetBlack.com that: (i) you are at least eighteen (18) years of age, or the legal age to participate in this game in the applicable Jurisdiction, whichever is higher; (ii) your access to the Site, your participation in this game, and BetBlack.com’s offering and operating the game are legal in your applicable Jurisdiction; (iii) the e-mail address submitted by you is owned or controlled by you; and (iv) all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by BetBlack.com. By applying for registration, you authorize BetBlack.com to make any and all enquiries as BetBlack.com in its sole discretion considers necessary to verify the information provided by you. BetBlack.com may require you to submit such proof of age, identity and place of residence as it may require, at any time. BetBlack.com reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
3. No Employees. No employee or paid contractor of BetBlack.com or of any of its parent companies, subsidiaries or affiliates, licensees, advertising, promotional or other agencies, software suppliers and/or developers is permitted to win any prizes on the Site. Any such person found to have violated this provision shall not be entitled to collect any winnings.
4. One Account Only. One Account Per Household. No Correlated Picking Accounts. You may only register one account for yourself. Only one registered account per household is allowed. You hereby acknowledge and agree that you shall not register more than one account, for yourself. If it is determined that you have registered more than one account, or there are more than one accounts registered to your household, then you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from play. If more than one account is deemed to have highly correlated picks (sharing a high percentage of picks that would indicate picks are being shared and are not of a random nature), then those accounts will not be eligible to win any prizes and you may be excluded from play.
5. Affirmation of Skill & Fairness. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS GAME IS A CONTEST THAT ARE DETERMINED PRIMARILY BY SKILL AND THAT NO CONSIDERATION IS REQUIRED FOR YOU TO PARTICIPATE IN THE GAME. ADDITIONALLY, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS ARE FAIR.
4. Account Identifiers
1. Secrecy Obligation. Once you have selected and been allocated a unique username and password or other appropriate security code (“Identifiers”), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify BetBlack.com by sending an e-mail to info@BetBlack.com, whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of BetBlack.com. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified BetBlack.com as provided herein) will be treated as valid.
2. No Transfer. Your account is not transferable. Under no circumstances, shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in games or sweepstakes, and in no event any person under the age of eighteen (18) years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any prizes or winnings and may be reported to the relevant authorities.
3. You Are Responsible. You agree to be solely responsible for all use of the Site (including without limitation participation in games or sweepstakes) through the use of any of your Identifiers (except where you have notified BetBlack.com as provided above) and you agree to indemnify and hold harmless BetBlack.com, along with its parent company, affiliates, managers, agents and directors, for any and all claims, losses, liability, damages and costs (including attorneys’ fees and expenses) arising from such use.
5. No Interest. Any monies or prizes held in your account shall not bear interest in your favor. If you win any money or prizes from the game, then you are solely responsible for and required to make all arrangements for the payment of any taxes due from you in your applicable Jurisdiction.
6. Account Suspension
1. Right To Cancel Account. BetBlack.com reserves the right to refuse or cancel your registration and/or account for any reason whatsoever at any time with or without notice to you.
2. Investigation. If your account is terminated or suspended, BetBlack.com reserves the right to determine whether to declare as void any transactions placed by you.
7. Site Use
1. Site Operation. BetBlack.com reserves the right to refuse service, prevent access to the site, terminate accounts, remove or edit content, in our sole discretion. BetBlack.com may impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. BetBlack.com may make modifications to (including discontinue or suspend) any benefits to you, or any aspect or feature of the website at any time, including the availability of any feature, database, or content without any liability to you. Your use and continued use of the website means you agree to these changes. Nothing in this Agreement imposes upon BetBlack.com any obligation to provide any support, including any updates (including bug fixes) to the website, to investigate website errors, or to respond to any inquiries.
2. Services May Change or End. BetBlack.com reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
3. You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or contest rules applicable to such services, which may be posted from time to time. All such guidelines, policies or contest rules are hereby incorporated by reference into these terms. You fully accept that all computer instructions and responses sent over the Internet to and from BetBlack.com and/or through use of software will be binding on you. Your commercial use of the Site or any of the online contests is strictly forbidden.
4. Telecom and Access Fees. You are solely responsible for obtaining access to the Site and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Site.
5. Odds, Risk and Fair Play. You acknowledge and agree that the game and play are skill based contests that measure your ability to predict outcomes and manage risk against the skills of others and that you are not likely to profit from this entertainment endeavor.
6. Cheating. You acknowledge and agree that you shall not cheat, attempt to cheat, or otherwise interrupt or attempt to interrupt the operations of the Site or any particular Site service or contest. If BetBlack.com believes in its sole discretion that you have engaged, or attempted to engage, in any act to cheat, use automated technology or otherwise unfairly alter your likelihood of winning, or to otherwise commit fraud with regard to the Site, then, in such an event, you will forfeit all prizes or winnings to which you may otherwise be entitled, and BetBlack.com reserves the right to institute civil or file criminal proceedings against you and to report you to the relevant regulatory authorities.
7. Behavior & Responsibility
1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Site or use of any portion of the Site for any commercial purposes.
2. You shall not register multiple accounts or influence picks of multiple accounts or use any automated technology, including but not limited to robots, scripts, macros, and/or programs, LAN play, or engaging in team play on any BetBlack.com web site, including but not limited to the Site. You acknowledge and understand that any attempt to participate in any service offered on any BetBlack.com Site by means of automatic, macro, programmed, or similar methods, or to otherwise cause similar picks to be placed on multiple accounts or commit fraud with regard to any BetBlack.com Site, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all winnings to which you may otherwise be entitled.
3. You shall accept and abide by the play rules and contest rules set forth on BetBlack.com, to be amended from time to time by BetBlack.com in the sole discretion of BetBlack.com.
4. You agree that BetBlack.com is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any BetBlack.com site or your account.
5. You, as the holder of your account, are solely responsible for all obligations and are entitled to all benefits therefrom, and may not allow any other person to access your account, access any BetBlack.com site, accept any winnings, or participate in any services using your account information. Your account is not transferable to any other person. By registering and/or participating in any services offered on the BetBlack.com site, you agree to indemnify, defend, and hold BetBlack.com harmless from or for any claims, liability, damages, and/or costs (including attorneys’ fees) arising from any use of your account by any person.
6. You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding playing contests on the Site, or (vi) deemed generally unacceptable behavior in the sole discretion of BetBlack.com.
9. Accuracy and Reliability. The website is a Internet-based game and entertainment site. BetBlack.com does not represent, warrant, or endorse the accuracy, reliability, completeness or timeliness of any of the information, content, views, opinions, recommendations, advertisements, images, sounds, and text (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website (the “Service”), nor the quality of any products, information or other Materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). You hereby acknowledge that any reliance and use of the Materials, Service, or Products shall be at your sole risk. BetBlack.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
10. Verification. Whenever BetBlack.com requests additional verification, proof or documentation from you, including without limitation a copy of your passport, driver’s license or utility bill, such materials must be sent by facsimile, mail or such other means of communication specified by BetBlack.com. Such materials will become the property of BetBlack.com and will not be returned to you.
- COMMUNICATIONS. The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Company through the Application including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and the Company shall have no obligation to protect the Communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
- LIMITED LIABILITY.UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE APPLICATION, ANY SERVICE OFFERED BY THE COMPANY, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE APPLICATION; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE APPLICATION; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA OR ANY TRANSMISSION OF DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED (OR NOT TRANSMITTED OR RECEIVED) BY/FROM ANY PARTY; AND/OR (E) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE APPLICATION, OR THE SERVICE; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER.
- DISCLAIMER OF WARRANTIES.THIS APPLICATION IS PROVIDED“AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS APPLICATION AND ANY SERVICE OFFERED BY THE COMPANY IS AT THE USER’S SOLE RISK. THE COMPANY MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE APPLICATION, OR THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (C) THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION, DATA OR CONTENT OBTAINED FROM THE APPLICATION, OR THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY OR FREE FROM VIRUSES OR OTHER FORMS OF DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM THE COMPANY, WHETHER IN ORAL, WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THIS APPLICATION, THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- INDEMNIFICATION. The User agrees to indemnify, hold harmless and defend the Company, along with its directors, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (i) this Agreement and/or any breach or threatened breach by the User; (ii) the User’s use of the Application or any service offered by the Company; (iii) any unacceptable, unlawful, or objectionable use of the Application or any service offered to the User by the Company; or (iv) any negligent or willful misconduct by the User; or (v) violation of any third party’s rights (including intellectual property rights) through the User’s use of the Application or the Service.
- ERRORS AND OMISSIONS. The Application may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to certain products or services offered by the Company. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor any order affected bysuch inaccuracies. The Company reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Application, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
- PRODUCTS AND SERVICES.The Application may contain information about products and services offered by the Company, not all of which are available in every location. Any reference to a Company product or service on the Application does not imply that such product or service is or will be available in the User’s location.
- THIRD PARTY LINKS.There are links on the Application that lead to third party websites, including those of advertisers. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE SITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE THE COMPANY HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES.
- INTERNATIONAL USE. The Company does not represent that all content, materials and services on the Application are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and the Company is not responsible for such Users’ compliance with local laws or other applicable laws. The User shall not access the foregoing where prohibited by law.
- MODIFICATION. The Company has the right at any time or from time to time to modify or amend this Agreement. Should the Company choose to modify this Agreement the Application will display such changes, which will be User’s only notification of any such change. Any use of the Application or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User shall be binding upon the Company.
- FORCE MAJEURE.In the event that the Company is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the Company or other causes beyond the Company’s reasonable control (a “Force Majeure Event”) the Company shall immediately give notice to the User and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds seven (7) days from the receipt of notice of the Force Majeure Event, the User may by giving written notice immediately terminate this Agreement.
- SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
- VENUE. This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The User irrevocably submits to the exclusive jurisdiction of the federal and state courts located in Santa Clara County, California. Except for a misuse or infringement of the Company’s intellectual property, any and all disputes, controversies and claims arising out of or relating to this Agreement, or concerning the respective rights or obligations of the Parties hereto shall be settled and determined by arbitration before a panel of one (1) arbitrator pursuant to the Commercial Rules then in effect of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The Parties agree that the arbitrators shall have the power to award damages, injunctive relief and reasonable attorneys’ fees and expenses to any party in such arbitration.