Terms of Use

TERMS OF USE


IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF ELITESPORTS247

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING ELITESPORTS247, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

USER AGREEMENT

Elite Sports, LLC d/b/a/EliteSports247 owns and operates the Website(s) and Mobile Application(s) (App(s)), (collectively the “Sites”) that link to these Terms of Use. We are pleased to offer you access to our Sites and the ability to participate in our fantasy sports contests of skill, products, services, and other content (collectively the "Services") that we may provide from our Sites, subject to these Terms of Use (the "Terms of Use", “Terms and Conditions”, or "Terms"), our Privacy Policy (the "Privacy Policy") and the Official Rules and Regulations for the applicable contests and promotions (the "Rules" or "Rules and Scoring," and together with the Terms of Use and the Privacy Policy, the "User Agreements").

CONSIDERATION

You hereby agree to these Terms of Use by accessing or using the Sites, registering for Services offered on the Sites, or by accepting, uploading, submitting or downloading any information or content from or to the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE SITES. These Terms of Use constitute a legal agreement between you and EliteSports247 and shall apply to your use of the Sites and the Services even after termination.

ELIGIBILITY

You must be at least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by the Sites. In Countries, States, jurisdictions, territories, and locations where the minimum age for permissible use of the Sites is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Arizona, Iowa, Louisiana or Massachusetts. It is a criminal offense to allow any individual that does not meet the age requirements in their local jurisdiction or territory to participate in contests. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon and Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests (together the "Excluded Regions") are eligible to open an account and participate in contests offered by the Sites. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Sites. Legal residents of the Excluded Regions are eligible to open and maintain accounts on the Sites for use only in games that do not offer prizes. However, legal residents of Idaho who are physically located outside of the Excluded Regions are eligible to deposit funds, enter contests and earn prizes offered by the Sites.

You may establish only one account, per person, to participate in the Services offered on the Sites. In the event EliteSports247 discovers that you have opened more than one account per person, in addition to any other rights that EliteSports247 may have, EliteSports247 reserves the right to suspend or terminate any and/or all of your accounts and terminate, withhold, or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. You are responsible for ensuring you use strong and secure passwords, and you may be required to change your passwords from time to time. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible or liable for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

Elite Sports, LLC d/b/a EliteSports247 is accessed through the Internet, which is a public system over which Elite Sports, LLC has no control. User fully agrees to use Elite Sports’ website(s), app(s), and or any products or Services of Elite Sports, at User’s sole risk.

ANY PERSON WHO ENTERS THE CORRECT ACCOUNT IDENTIFICATION AND/OR SECURITY VALIDATION AND VERIFICATION INFORMATION IN ANY ELITE SPORTS/ELITESPORTS247 WEBSITE(S), APP(S), OR OTHER ELITE SPORTS USER ACCOUNT ACCESS POINTS WILL BE ABLE TO ACCESS THE USER’S ACCOUNT. ANY TRANSACTION COMPLETED USING THOSE ACCESS PERMISSIONS WILL BE DEEMED AUTHORIZED BY THE USER. ELITE SPORTS, LLC SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, CHANGES, OR ALTERATIONS WITH A USER’S ACCOUNT THAT MAY OCCUR AS A RESULT OF ANY UNAUTHORIZED ACCESS TO ANY ELITE SPORTS PLATFORMS, SERVICES, PRODUCTS, OR OFFERINGS, USING A USER’S/AUTHORIZED USER’S/ACCOUNT HOLDER’S CORRECT ACCOUNT IDENTIFICATION AND SECURITY VALIDATION AND VERIFICATION INFORMATION.

Elite Sports, LLC reserves the right to change the access guidelines and requirements to access a user’s account, at any time, and without notice. Elite Sports, LLC may, at any time, suspend or otherwise restrict certain or all functionalities and/or access permissions including, but not limited to, instances in which Elite Sports, LLC suspects unauthorized access or compromise of the User’s account security.

"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to a personal e-mail address by an Internet access provider that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Sites. Organization emails are prohibited (e.g., business, education institution, etc.). By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Sites. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

If any deposit is charged back any winnings generated from EliteSports247 contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. EliteSports247 reserves the right to terminate and close your account - without notice - shall a deposit be charged back.

EliteSports247 employees ("Employees") and Immediate Family Members (an "Immediate Family Member" means any domestic partner and relative of the employee who resident at an employee's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests hosted on the Sites.

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any EliteSports247 contests in the sport in which they are associated. Any violation of this section will result in forfeiture of any contest winnings, prizes, cash prizes, remaining account balance, etc. and will result in immediate termination of the user’s account. EliteSports247 regards fair play as a primary value and reporting a violation of contest participation along with the Users’ name, to the Users’ agency, team, official sport governance, etc. may occur.

CONTEST ENTRY

Users will be able to visit the Sites and view the games available for entry (the "Contests"). The entry fee for each Contest is displayed in the heading of each Contest and on the respective Contest page. Each individual Contest that is not free to enter has an entry fee listed in US dollars. The minimum entry fee for Contests that are not free to play is one cent ($0.01), and there is no maximum entry fee for Contests. When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from your EliteSports247 account. The maximum number entries an Authorized Account Holder may submit for a particular Contest is listed in the "Contest Details" tab of each Contest.

Information about responsible gaming, including self-exclusion and self-limitation options, is available on the Sites. If you self-exclude, you will be removed from any upcoming contests as set forth in the self-exclusion procedures available in the FAQs and under the Responsible Gaming heading on the Sites, and any entry fees for such upcoming contests you are removed from will be refunded to you.

REFUND POLICY

NO REFUNDS. ALL PAYMENTS/DEPOSITS ARE FINAL.

USER PAYMENTS

EliteSports247 accepts Visa, MasterCard, ACH/IBT (Instant Bank Transfers). More payment options will/may be added from time to time. Users may only link one credit or debit card to their account. Deposits made on our site will appear on your statement as ELITESPORTS247 or ES247800GOES247. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.

Accounts may be deemed dormant or inactive, and any remaining funds held in a dormant or inactive account will be treated, in each case, in accordance with applicable state laws and regulations.

Players can obtain a copy of their Account statements by submitting a ticket in the Help & Support section of the Sites.

CONDITIONS OF PARTICIPATION

By entering a Contest, entrants agree to be bound by these Terms and the decisions of EliteSports247, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:

In addition, conduct that would be deemed improper also includes, but is not limited to:

Users further acknowledges that the forfeiture and/or return of any prize shall in no way prevent EliteSports247 from pursuing criminal or civil proceedings in connection with such conduct.

By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless EliteSports247, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. EliteSports247 may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

EliteSports247 is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a Contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Contest including but not limited to: inability to access the Sites, any web pages that are part of or related to the Sites; theft, tampering, destruction, unauthorized access to, alteration of, entries and/or images of any kind; data that is processed late or incorrectly, is incomplete or lost due to telephone, postal issues, computer or electronic malfunction, traffic congestion on telephone lines or transmission systems, the Internet, any service provider's facilities, any phone site, Sites or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

EliteSports247 is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or Sites associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Contest in accordance with the Terms of Use or applicable Contest rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of EliteSports247 corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Sites.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ELITESPORTS247 RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

All entries become the property of EliteSports247 and will not be acknowledged or returned.

To be eligible to enter any contest or receive any prize, the Authorized Account Holder may be required to provide EliteSports247 with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, EliteSports247 will, in its’ sole and absolute discretion, utilize certain information collected by EliteSports247 to assist in verifying the identity and/or eligibility of such Authorized Account Holder.

Participation in each Contest must be made only as specified in the Terms of Use. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

Where legal, both entrants and winner consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Contest or the Sites. Winners agree that from the date of notification by EliteSports247 of their status as a potential winner and continuing until such time when EliteSports247 informs them that they no longer need to do so that they will make themselves available to EliteSports247 for publicity, advertising, and promotional activities.

EliteSports247 reserves the right to move entrants from the Contests they have entered to substantially similar Contests in certain situations determined by EliteSports247 in its sole discretion.

CONTEST PRIZES AND PROMOTIONS

Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees may be returned to the customer account, except as specifically provided in these Terms of Use.

Guaranteed prizes are offered in connection with some of the Contests offered by the Sites. Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.

OTHER LEGAL RESTRICTIONS CONTEST OF SKILL

Contests offered on the Sites are contests of skill. Winners are determined by the objective criteria described in the Contest deadline, roster, Rules, scoring, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules to accumulate the most points according to the corresponding scoring rules. The Sites and Contests may not be used for any form of illicit gambling.

CONTEST STATISTICS AND LIVE SCORING

To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the EliteSports247 Sites and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While EliteSports247 and the third parties used to provide the EliteSports247 Services use reasonable efforts to include accurate and up-to-date information, neither EliteSports247 nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the EliteSports247 Sites and related information sources. EliteSports247 and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the EliteSports247 Sites and related information sources and shall not be responsible or liable for any error or omissions in that information.

CONTEST RESULTS

Contest results and prize determinations are based on the final statistics and scoring results at the completion of the last professional sports game of each individual Contest. Once Contest results are reviewed, prizes are awarded. The scoring results of a Contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in EliteSports247s' sole discretion. Further information about the effects of a cancelation, postponement, or rescheduling of a game within a Contest are available in the "Rules & Scoring" tab of each Contest.

EliteSports247 reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in any contests for any reason whatsoever. Further, EliteSports247 may, in its sole and absolute discretion, may invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.

PRIZES

At the conclusion of each Contest, prizes will be awarded within twenty-four (24) hours, except in circumstances where technical failure, inability of the Company to verify your compliance with these Terms, or other reasons that prevent timely payout. Contest prizes are listed in our prize table list. Prizes won are added to the winning participants account balance. In the event of a tie, either entry will be returned to the entrants, or prizes may divided evenly amongst the participants that have tied, unless otherwise stated in the Contest Details or Rules & Scoring.

PRIZE TABLES

Contest prizes will be published with the creation of each new contest. EliteSports247 reserves the right, in its’ sole discretion, to cancel or suspend the contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof) warrant doing so. Notification of such changes may be provided by EliteSports247 to its customers but will not be required.

PAYMENT AND WITHDRAWAL OF PRIZES

Winners are posted on the Sites.

Before making any payment, EliteSports247 may require that an entrant complete and execute an affidavit in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a Contest, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. If EliteSports247 requests that an entrant completes and executes such an affidavit and the entrant fails to do so within seven (7) days, or EliteSports247 otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, EliteSports247 reserves the right to terminate the entrant's account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, EliteSports247 may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the Rules of the Contest.

Entrants may withdraw their cash prize awards by using the "Withdrawal" option on the Sites. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Passport, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by EliteSports247, in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms of Use in any manner.

Entrants residing in Missouri: You may withdraw the funds maintained in your individual account, whether such account is open or closed, within five (5) business days of the request being made, unless EliteSports247 believes in good faith that you engaged in either fraudulent or other conduct that would put EliteSports247 in violation of sections 313.900 to 313.1020, RSMo, in which case EliteSports247 may decline to honor the request for withdrawal for a reasonable investigatory period, and until its’ investigation is resolved, as long as EliteSports247 provides a notice of the nature of the investigation to you. For the purposes of this provision, a request for withdrawal will be considered honored if it is processed by EliteSports247, regardless of any delay by a payment processor, credit card issuer, or by the custodian of a financial account.

Withdrawals may be required to be conducted by the method of deposit. Promotional deposits, and any other bonuses may not be withdrawn from an EliteSports247 account unless the appropriate terms of the promotion are first achieved by the user.

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, EliteSports247 reserves the right, in its’ sole discretion to determine whether or not to award such prizes.

No substitution or transfer of prize is permitted, except that EliteSports247 reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, expressed or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).

Any withdrawal requests, after approved by EliteSports247, will be credited back to the same credit card or method of payment used to deposit funds on the Sites. EliteSports247 will only release withdrawals to a different credit card or other payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the credit card(s) or payment method(s) used for the deposit(s). Under certain circumstances, EliteSports247, at its’ sole discretion, may allow an approved change in withdrawal method by first contacting the Help & Support Center on the Sites.

PLAYER RESERVE

Customer deposits and player winnings after contests are finished are held in a separate, segregated bank account (the "Segregated Account") held by Nuvei Corporation (herein “Nuvei”). Withdrawals will be made from this Segregated Account. Vendors, players, and creditors shall be aware that the funds in the Segregated Account are the property of Nuvei and do not belong to Elite Sports, LLC, and are not available to creditors of Elite Sports, LLC, except for players whose funds are held in such account. Elite Sports, LLC and Nuvei are prohibited from comingling funds held by Elite Sports, LLC and funds belonging to Nuvei are held in the Segregated Account.

Elite Sports, LLC. will take appropriate steps to prevent unauthorized withdrawals from consumer accounts. Users may be subject to an automated Knowledge Base Authentication ("KBA") and/or Know Your Customer (“KYC”) verification process provided whenever a user attempts to withdraw funds. This process may require submission of proof of identity, biometric data, Social Security Number, or other identification or knowledge to verify the user. In the event of a dispute as to the identity of a customer, EliteSports247 can and does require its users to produce a copy of their driver's license, credit cards, utility bills or passport for identity verification. If a customer cannot validate their identity and account, EliteSports247 will not release the funds from the account. Once per month, EliteSports247 shall reconcile all liabilities owed to users and the sum of funds or credits in the Segregated Account and credits due to EliteSports247 from credit card processors as of the end date of the immediately preceding month.

Players who believe that funds held by or their accounts with EliteSports247 have been misallocated, compromised or otherwise mishandled, may register a complaint with Elite Sports, LLC online by e-mailing support@EliteSports247.com or in writing to: Attn: CFO, PO BOX 11, Clay Center, KS 67432. EliteSports247 shall use its best efforts to respond to such complaints within ten (10) days of receipt of the complaint. If EliteSports247 determines that the relief requested in the complaint will not be granted, its response will set forth the specific reason(s) therefore. If more information is required for EliteSports247 to process the complaint, the response will note the form and nature of the necessary additional information needed.

A request for withdrawal will be considered honored if it is processed by Elite Sports, LLC but may be delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through the EliteSports247 Help & Support center/customer support department.



TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, EliteSports247 may, without prior notice, immediately revoke any and/or all of your rights granted hereunder or suspend your account. In any such event, you will immediately cease all access to and use of the EliteSports247 Sites. EliteSports247 may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Sites. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE SITES, ANY OF THE SITESS' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY PARTIES"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE SITES'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITES OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SITES OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

INTELLECTUAL PROPERTY RIGHTS

The content on the Sites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and any trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to EliteSports247, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. EliteSports247 reserves all rights not expressly granted in and to the Sites and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Sites or the Intellectual Property therein.

Some of the Services may allow you to submit or transmit audio, video, pictures, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to EliteSports247, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral, ethical, or monetary rights you may have in your User Submissions.

In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of EliteSports247, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to EliteSports247, may result in account suspension or termination.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to EliteSports247 the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

CONSENT TO JURISDICTION IN KANSAS, ATTORNEY'S FEES

The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Sites (including all commercial transactions conducted through the Sites) ("Claims") shall be the courts of competent jurisdiction sitting within Clay County, Kansas (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and EliteSports247 waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.

MISCELLANEOUS

These Terms of Use shall be governed by the internal substantive laws of Kansas, without respect to its conflict of laws principles. Any claim or dispute between you and EliteSports247 that arises in whole or in part from the Terms of Use, the Sites or any Contest shall be decided exclusively by a court of competent jurisdiction located in Clay County, Kansas.

Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein. By participating in any Contest on the Sites, you agree to indemnify, protect, defend and hold harmless Elite Sports, LLC, its’ parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives (the "EliteSports Entities"), from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including reasonable attorneys' fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Sites, any payment methods used, any funding of your account, and/or your participation in any Contest. The Sites may contain links to third-party Sites that are not owned or controlled by EliteSports247. EliteSports247 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Sites. In addition, EliteSports247 will not and cannot censor or edit the content of any third-party site. By using the Sites, you expressly relieve EliteSports247 from any and all liability arising from your use of any third-party Sites. Accordingly, we encourage you to be aware when you leave the Sites and to read the terms and conditions and privacy policy of each other Sites that you visit.

Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Elite Sports, LLC.

Third-party online publishers that refer users to the EliteSports247 Sites shall not be responsible or liable for the EliteSports247 Sites or any of the content, software, or functions made available on, or accessed through, or sent from, the EliteSports247 Sites.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and EliteSports247s' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

EliteSports247 reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of EliteSports247 to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

ELITESPORTS247 AND OTHER TRADEMARKS CONTAINED ON THE SITES ARE TRADEMARKS OR REGISTERED TRADEMARKS OF ELITESPORTS247 IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE SITES.

You may submit a question, dispute, or complaint via the Help & Support Center on the Sites or by emailing support@EliteSports247.com. Any communications between you and EliteSports247 may be monitored and recorded.

MOBILE APPLICATION

These Terms of Use shall also apply to the use of the EliteSports247 Mobile Applications. These Terms of Use are intended to be in addition to the End User License Agreement (“EULA”) (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula ) for the Mobile Applications, and to the extent any of these Terms of Use conflict with the EULA, these Terms of Use shall be deemed to apply and the conflicting provision in the EULA shall not be applicable. Any reference to the Sites in these Terms of Use shall also be deemed to include the Mobile Applications.

FOR CONTENT PROVIDERS / OPTIMIZATION TOOLS

Content providers are expressly prohibited from engaging in the distribution of pre-built lineups that require no substantive input from the user.

Lineup tools must require multiple, substantive, independent decisions by the users in order to generate a lineup

Providers must ensure that their customers are not commonly generating the same or substantively similar lineups as an output of the tools

EliteSports247 reserves the right to enforce its Terms of Use if EliteSports247, in its’ sole discretion, determines that the services provided by a content provider's platform (including but not limited to Sites, mobile applications, or social media accounts) is detrimental to the Company brand or brands, including, without limitation, in any manner that is disparaging or that otherwise portrays EliteSports247 in a negative light, or has a negative impact on the integrity of EliteSports247s' product or business operations.