Terms of Service

Last updated: November 25, 2024

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated sites owned or operated by Awesemo.com LLC, its subsidiaries and affiliates, including www.oddsshopper.com and all related sites.

BY HAVING AGREED TO THE ODDSSHOPPER TERMS OF SERVICE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT MAY APPLY. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER. IF YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

OddsShopper reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. OddsShopper will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use this Site after the date they become effective. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, OddsShopper grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The Services

OddsShopper provides certain applications, content, products, tools, features, and services (the “Services”) relating to sports betting.

THE SERVICES ARE INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THEY DO NOT CONSTITUTE LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE ON WHICH YOU SHOULD RELY, AND THEY CANNOT BE USED FOR SUCH PURPOSES.

OddsShopper is not a gambling or betting services provider, but receives a commission from these companies when we advertise their brands and refer customers to them (affiliate marketing). We provide information, odds information and links to websites of these companies. OddsShopper does not take or place bets.

The Services are our copyrighted property or the copyrighted property of our licensors, licensees, sponsors, or partners, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Services are owned by us or our licensors, licensees, sponsors, or partners. Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services. We do not transfer title to any portion of the Services to you.

Content and Intellectual Property

All player usage statistics, historical player performance, stadium weather, lines, odds, betting percentages, betting systems, picks, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by Awesemo.com LLC or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.

All trademarks appearing on this Site are the property of their respective owners, including, in some instances, Awesemo.com LLC. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by Awesemo.com LLC or by any third party.

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of Awesemo.com LLC and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to us.

All materials contained or distributed on this website (the “Materials”) are owned by Awesemo.com LLC or its licensors. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Awesemo.com LLC, and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.

Your Use of the Site; Restrictions

You may browse this Site and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Awesemo.com LLC’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of Awesemo.com LLC, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Awesemo.com LLC, including any Awesemo.com LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII, other than your own information, as provided for by the Site.

Accounts may not be shared and may only be used by one individual per account.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Awesemo.com LLC’s systems or networks, or any systems or networks connected to the Site or to Awesemo.com LLC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with, or disrupt, service to any visitor, host, or network, such as by means of submitting a virus, adware, malicious code or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site. In addition, you agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any meta tags or any other “hidden text” utilizing Awesemo.com LLC’s name or trademarks without Awesemo.com LLC’s express written consent.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Awesemo.com LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Awesemo.com LLC or others. Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, harassing, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Any violation of Awesemo.com LLC’s system or network security may subject you to civil and/or criminal liability.

Feedback & User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or Awesemo.com LLC that you provide to Awesemo.com LLC (but excluding your PII) (collectively, “Feedback”) is deemed to be Awesemo.com LLC’s proprietary information. Awesemo.com LLC may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and Awesemo.com LLC shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on this Site, you hereby grant to Awesemo.com LLC and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to Awesemo.com LLC and its affiliates, and each of their respective licensees, successors, and assigns. Awesemo.com LLC is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.

The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to Awesemo.com LLC, and which is subject to the privacy standards set forth in Awesemo.com LLC’s Privacy Policy. To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current and complete.

Third-Party Content, Links and Services

The Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of Awesemo.com LLC making this Third-Party Content available or accessible to you, you acknowledge that Awesemo.com LLC has not reviewed all of the Third-Party Content and that Awesemo.com LLC is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by Awesemo.com LLC or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, Awesemo.com LLC is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. Awesemo.com LLC may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third-party participation is acceptable.

If Awesemo.com LLC provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through Awesemo.com LLC’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. Awesemo.com LLC does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.

Mobile Networks

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.

Accounts

Some Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your age, your contact information for notices and other communications from us, and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information you provide, including your age and contact information.

We may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with any of these Terms or any supplemental terms.

Passwords and Security

You are responsible for taking reasonable steps to maintain the confidentiality of information related to your account, including your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.

The security, integrity and confidentiality of your personal information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use, and modification.

Sweepstakes, Contests, and Promotions

Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit Awesemo.com LLC to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law.

In certain situations, Awesemo.com LLC may sponsor a competition that is hosted or offered by a third-party. We do not control the operation of competitions hosted by third-parties. Because Awesemo.com LLC has no control over those third-parties, you acknowledge and agree that Awesemo.com LLC is not responsible for the operations of any third-parties or the availability of any third-parties’ external sites or resources. Furthermore, Awesemo.com LLC does not endorse and is not responsible or liable for any offerings, content, advertising, products, or other materials on or available from such third-parties. You further acknowledge and agree that Awesemo.com LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the operation of any contests hosted or offered by any third-parties, or the use of or reliance on any content, goods or services available on or through any third-party.

PAID TRANSACTIONS

Subscriptions

Some Services on OddsShopper require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

All subscriptions are denominated in the stated currency or other means of payment and are non-refundable unless otherwise specifically provided for in these Terms.

From time to time, we may offer a free trial subscription for certain Services. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

In some instances, OddsShopper may transfer you to websites that are operated by third parties to complete your transaction, and in that case, different or additional sale terms may apply, which you should read when they are presented to you.

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

All subscriptions are denominated in the stated currency or other means of payment and are non-refundable unless otherwise specifically provided for in these Terms.

Right of Cancellation

When you subscribe to the Services, you have the right to cancel your contract at any time through your Account Dashboard.

Pricing; Taxes

The rates and charges imposed by us for subscriptions are set at our discretion and subject to change. If you pay a periodic subscription fee for any Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change.

OddsShopper, at its sole discretion, may make promotional offers with different features and different pricing to any of OddsShopper’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

TAILS BY ODDSSHOPPER

Tails by OddsShopper (the “Marketplace”) is one of the Services offered by OddsShopper that offers digital goods, services and content (the “Products”) where certain users (“Buyers”) can subscribe to the services sold by other users (“Sellers”). Sellers can use the Marketplace to sell Products. All Products are provided solely by the applicable Seller and the Company is not responsible for the Products sold through the Marketplace.

Eligibility

By agreeing to these Terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Marketplace, OddsShopper or any affiliated site; and (b) your registration and your use of the Marketplace is in compliance with any and all applicable laws and regulations.

General Payment Terms for the Marketplace

Certain features of the Marketplace, including the purchase or sale of certain Products, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are denominated in the stated currency or other means of payment and are non-refundable unless otherwise specifically provided for in these Terms.

Authorization. You authorize OddsShopper to charge all sums for the orders that you make and any level of subscription you select on the Marketplace as described in these Terms or published by OddsShopper, including all applicable taxes, to the payment method specified by you.

Product Price. A Seller may set or change the price for its Products at its sole discretion, and OddsShopper is not responsible or liable for any issues resulting from such changes to a Seller’s Products. Sellers agree to keep all pricing information for their Products up to date and abide by the listed prices for sold Products.

Subscription Service on the Marketplace. The Marketplace may include certain subscription-based Products, or certain aspects of the Service itself may result in automatically recurring payments for periodic charges (“Subscription Products” and such charges, the “Subscription Fee”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Product. Your access to the Subscription Product will begin on the Subscription Billing Date and continue for the subscription period specified when you make your purchase (such period, the “Initial Subscription Period”). Some subscriptions may automatically renew for additional periods if specified in the Subscription Product description (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Product or we terminate it. If you activate a Subscription Product, then you authorize OddsShopper or its third-party payment processors to save, store, or otherwise maintain the payment method you have provided for the Subscription Product and periodically charge such payment method, on a going-forward basis and until cancellation of the Subscription Product, for all accrued sums on or before the payment due date.Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Product for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Product before it renews unless otherwise specified in the Subscription Product’s description in order to avoid billing of the next periodic Subscription Fee to your account. OddsShopper or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Product by following the cancellation steps described in the product description or by contacting us at support@stokastic.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

Delinquent Accounts. OddsShopper may suspend or terminate access to the Marketplace or any Product, for any account for which any amount is due but unpaid. In addition to the amount due for the Marketplace, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then OddsShopper reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.

Regulatory Matters; Account Termination/Suspension; Regulatory Reviews; Violation of Terms

OddsShopper is not a financial institution. OddsShopper is required to comply with the following requirements as part of its own compliance policies, as well as due to commitments and relationships it has with various third parties, including banks, payment processors, and other financial institutions with which it works.

OddsShopper reserves the right, in its sole discretion to suspend or terminate any account opened by a Buyer or Seller on the Marketplace.

Without limiting the generality of the foregoing, OddsShopper may, in its sole discretion or as directed by law enforcement, regulatory agency, or any financial institution or third-party payment processor with which it works, suspend or place a hold on an account. Any suspension or hold on an account may delay the settlement or distribution of any funds owed to a Seller that is associated with such an account. In the event that OddsShopper suspends or holds an account pursuant to this provision, it will do so for no longer than is commercially reasonable, and in no event longer than one hundred eight (180) days; provided, however, that in the event that such suspension or hold on an account is directed by law enforcement, regulatory agency, or any financial institution or third-party payment processor with which OddsShopper works, then such suspension or hold shall remain in place for so long as OddsShopper is directed by such party.

To the extent reasonable to do so, and if permitted by law or the instructions of any third-party, OddsShopper will provide you with prior notice of the termination or suspension of your account. However, OddsShopper shall have the right to terminate or suspend your account without notice upon your violation of these Terms or if OddsShopper has reason to believe there is fraud or unauthorized use associated with your account.

Without limiting anything in the foregoing, OddsShopper may suspend or pause your account while performing any applicable or necessary regulatory reviews being conducted by OddsShopper or its financial institution or payment processing partners.

Marketplace Content Disclaimer.

OddsShopper is under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. OddsShopper may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Marketplace, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against OddsShopper with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, OddsShopper does not permit infringing activities on the Marketplace.

Monitoring Content. OddsShopper does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Marketplace by its users. You acknowledge and agree that OddsShopper reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Marketplace for operational and other purposes. If at any time OddsShopper chooses to monitor the content, then OddsShopper still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. OddsShopper may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Marketplace without any liability to the user who Posted such User Content to the Marketplace or to any other users of the Marketplace.

Prohibited Conduct on the Marketplace.

By using the Marketplace, you agree not to:

sell, rent, leak, disclose, or transfer data or information that you acquire via the Marketplace from a Seller, whether such sale, rental, leak, disclosure or transfer by you occurs on the Marketplace or elsewhere;
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or proprietary right;
access, search, or otherwise use any portion of the Marketplace through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by OddsShopper;
interfere with security-related features of the Marketplace, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Marketplace except to the extent that the activity is expressly permitted by applicable law;
Interfere with the operation of the Marketplace or any user’s employment of the Marketplace, including by:
1. collecting personal information about another user or third party without consent; or
2. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
3. sell or otherwise transfer the access granted under these Terms or any Services or any right or ability to view, access, or use any Services; or
4. 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.

The list of prohibitions in this Section provides examples and is not complete or exclusive. OddsShopper may, at its sole discretion, terminate these Terms or your account on the Marketplace, or suspend or terminate your access to the Marketplace, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.

Privacy

Awesemo.com LLC’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Claims of Copyright Infringement

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Thomas Kennedy
Awesemo.com LLC
240 E. Illinois St, Ste. 905
Chicago, IL USA
Email: support@oddsshopper.com

We will respond expeditiously to claims of copyright infringement committed that are reported to our designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.

Disclaimers and Limitation on Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

YOU AGREE THAT AWESEMO.COM LLC, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY OF OUR SERVICES.

The Services contain, among other things, information, materials, and content (collectively, “Content”) that is made available for your convenience and entertainment. Content may be provided by third parties. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF ANY CONTENT. YOU AGREE THAT AWESEMO.COM LLC, INCLUDING ITS EMPLOYEES, AFFILIATES, OFFICERS, MEMBERS, AGENTS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS, OR FAILURES IN PERFORMANCE RESULTING FROM CONTENT.

The Services are not to be used for or in conjunction with any illegal activities. The Services are intended for informational and entertainment purposes only. YOU AGREE THAT AWESEMO.COM LLC, INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND/OR REPRESENTATIVES, SHALL NOT BE HELD LIABLE FOR ANY ACTIVITIES TAKEN BY YOU THAT MAY VIOLATE ANY LAWS TO WHICH YOU ARE SUBJECT. WE DO NOT REPRESENT OR WARRANT THAT ACTIONS YOU TAKE RELATED TO THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND IT IS THEREFORE INCUMBENT UPON YOU TO KNOW THE LAWS THAT PERTAIN TO YOU WITHIN YOUR JURISDICTION AND TO ACT LAWFULLY AT ALL TIMES WHEN USING THE SERVICES.

THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR JURISDICTION.

Binding Arbitration and Class Action Waiver

You and Awesemo.com LLC agree to arbitrate all disputes between you and Awesemo.com LLC or its affiliates, except disputes relating to the enforcement of Awesemo.com LLC’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Awesemo.com LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or Awesemo.com LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Thomas Kennedy, Awesemo.com LLC, 240 E Illinois St, Ste. 905, Chicago, IL 60611, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Awesemo.com LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Awesemo.com LLC do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the State of Illinois, United States of America, and you and Awesemo.com LLC agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Awesemo.com LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Choice of Forum

You agree that any action at law or in equity arising out of or relating to these Terms or the Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the State of Illinois, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois and the laws of the United States, without giving effect to any conflict of law principles.

Severability

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Survival

The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver

No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Indemnity

You agree to defend, indemnify, and hold harmless Awesemo.com LLC and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

Awesemo.com LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without Awesemo.com LLC’s prior written consent.

Rights to Terminate Use

Upon termination of your account for any reason, Awesemo.com LLC will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive.

To the extent that any part of this Site offers subscriptions to users, Awesemo.com LLC reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.

You agree that Awesemo.com LLC reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where Awesemo.com LLC has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO AWESEMO.COM LLC AND WITHOUT ANY LIABILITY WHATSOEVER, AWESEMO.COM LLC AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE AND/OR THE SERVICES.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to Awesemo.com LLC, for which monetary damages would be inadequate, and you consent to Awesemo.com LLC obtaining any injunctive or equitable relief that Awesemo.com LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Awesemo.com LLC may have at law or in equity.

State-Specific Provisions

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Awesemo.com LLC may be contacted via e-mail at support@oddsshopper.com.

Miscellaneous

Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Awesemo.com LLC may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without Awesemo.com LLC’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

These Terms of Use, together with Awesemo.com LLC’s Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

If you have any questions or comments regarding these Terms of Use, Awesemo.com LLC’s Privacy Policy, or this Site, please feel free to contact Awesemo.com LLC by email at support@oddsshopper.com.

HOLIDAY SPECIAL: 50% Off Portfolio EV—Use Code GIFTEV