These Terms and Conditions are entered into by and between you (“you”) and Pro GamblingAction, LLC (“Pro Gambling Action”, “we”, or “us”). The following terms and conditions (these“Terms and Conditions”), govern your access to and use of the Pro Gambling Action mobile application (“App”), and progamblingaction.com (“website”) including any content, functionality, and services offered on or through the App.
Please read the Terms and Conditions carefully before you start to use the App. By visiting theApp and/or by registering and/or using the Services, you understand and agree to be, and are, bound by the Terms and Conditions and the Privacy Policy (“Privacy Policy”), incorporated herein by reference. A copy of our Privacy Policy can be found on our website. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the App, and delete the App immediately.
This App is offered and available only to users who are 21 years of age or older and reside in theUnited States. Pro Gambling Action reserves the right to request verification of age from any user at any time. By using the App, you represent and warrant that you are of legal age to form a binding contract with Pro Gambling Action and meet all the preceding eligibility requirements.Further, at the time in which any money is deposited with the App, you represent and warrant that you are physically located within a jurisdiction in which participation in a game of skill is both legal and not prohibited by any applicable law. Any person who is prohibited from gaming pursuant to C.R.S 44-30-1506 is also prohibited from using this App. If you do not meet all of these requirements, you must not access or use the App.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pro Gambling Action is not responsible for third party access to your account that results from theft or misappropriation of your account. Pro Gambling Action and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
We may revise and update these Terms and Conditions from time to time in our sole discretion.Terms and Conditions may be amended at any time as may be required for several reasons, including, but not limited to, commercial reasons, regulation reasons, to comply with instructions, guidance or recommendations from a regulatory body, or for general customer service reasons. All changes are effective immediately when we post them to the App or send you notice via email affiliated with your Pro Gambling Action account. Your continued use of the App following the posting of the revised Terms and Conditions means that you accept and agree to the changes. You are expected to check these Terms and Conditions from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to revoke, remove, or revise this App, and any service or material we provide on the App, in our sole discretion at any time without notice. We will not be liable if for any reason all or any part of the App is unavailable to you at any time or for any period. From time to time, we may restrict access to some limited parts of the App or the App in its entirety.
You are responsible for all access to the app including but not limited to all third-party persons who access the App through your device. All parties must comply with these Terms andConditions.
By use of the Peer-to-Peer Option you warrant and agree to these terms:
Pro Action Gambling’s Peer to Peer Option is a game of skill. Winners are determined by the individuals who use their skill and knowledge of relevant professional sports information. The individuals use their own skill, expertise and experience to make informed and educated guesses on the outcomes of certain events. Others may challenge those informed and educated guesses by using their own skill, expertise and experience. Pro Gambling Action simply helps facilitate the exchange between users challenging other users.
Winners will be posted on the App after the conclusion of each game by 1:00 PM on the following day but remain subject to final verification. All winnings will be paid out within 24hours of the posted win. Any awards that are distributed to the wrong party by mistake, confusion, or error will be remitted to the appropriate party upon knowledge of such mistake, confusion, or error. All parties agree to cooperate with the facilitation of addressing any such improper distribution. Any tax liability that may arise from the distribution of awards to users is the sole responsibility of that user.
The “Double Down” feature will allow users to double the value already listed in a posted game.Any user may double down a posted game, with the original posting user receiving the option to accept or deny. Once accepted the original post will be doubled which cannot be undone or refunded. Denying the double down will revert the post to its original value.
The App and its contents, features, and functionality, including but not limited to all information, computer software, text, displays, images, video, audio, and the design, are owned by ProGambling Action, its licensors, or other providers of such material and are protected by UnitedStates and international copyright, patent, trademark, trade secret, and all other intellectual property or proprietary rights laws that may exist or come into existence. You must not use ProGambling Action’s intellectual property without the prior written permission of Pro GamblingAction.
These Terms and Conditions permit you to use the App for your personal, non-commercial use only. You must not download, store, reproduce, distribute, modify, publicly display, perform, republish, broadcast, or transmit any of the material on or purchased through the App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms and Conditions, your right to use the App will be terminated immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
You are granted a non-exclusive, non-transferable, revocable license to access and use the ProGambling Action App strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to Pro Gambling Action that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, impair, or disable the App or interfere with any other party's use and enjoyment of the App.
All content such as logos, graphics, and images, and any software used on the App, is the property of Pro Gambling Action and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices contained in any such content and will not make any changes thereto.
By utilizing the App, you agree not to modify, publish, transmit, reverse engineer, transfer or sell, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Use of the App is solely for your personal use. You agree that you do not acquire any ownership rights in any protected content. Pro Gambling Action does not grant you any licenses to the intellectual property of Pro Gambling Action except as expressly authorized by these Terms.
Use of the App is for lawful purposes and in accordance with these Terms and Conditions andPrivacy Policy. You agree not to use the App or website:
Pro Gambling Action is not associated or endorsed by any professional or collegiate league, association or team or club.
The information contained on the App is for information purposes only. While Pro GamblingAction strives to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the legality, completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will Pro Gambling Action be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the App.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. Under no circumstances will Pro Gambling Action be liable in anyway for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted or otherwise made available via the App or distributed elsewhere.
Sellers create custom content on Pro Gambling Action to allow buyers to purchase access to such content. Each sale successfully completed credits the seller’s account with revenue based on seller’s agreement with Pro Gambling Action.
Pro Gambling Action may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, or improper behavior reported by other users.
Pro Gambling Action complies with the Digital Millennium Copyright Act (DMCA). ProGambling Action will remove infringing materials in accordance with the DMCA if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Registered Agent at: progamblingaction@yahoo.com and via mail at 1095 Sugar View Drive Suite 500, Sheridan,Wyoming 82801. Please include in your notice the following:
If you fail to comply with these notice requirements, your notification may not be valid.
This Agreement commences on the Effective Date and is in effect until you cancel any applicable Pro Gambling Action account in accordance with this section. Either party may terminate this Agreement at any time for any reason by notifying the other party. You agree and acknowledge that Pro Gambling Action has no obligation to retain customer data after termination and may delete customer data 30 days after your account is cancelled.
The App may undergo updates or changes at any time. Pro Gambling Action is not responsible for any losses that may result from any updates or changes to the App.
All information we collect on this App is subject to the Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with thePrivacy Policy.
There may be advertisements on the App. Pro Gambling action has no control over the contents of those advertisements and accepts no legal responsibility for them or for any loss or damage that may arise. Access of any the third-party websites linked to this App is made entirely at your sole discretion.
The owner of the App is based in the state of Wyoming in the United States and the App is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the App outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant those files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for the safety of your data and equipment. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ONIT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRO GAMBLING ACTION NOR ANY PERSON ASSOCIATED WITH PRO GAMBLING ACTION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER PRO GAMBLING ACTION NOR ANYONE ASSOCIATED WITH PRO GAMBLING ACTION REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEAPP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PRO GAMBLING ACTION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined by arbitration in Wyoming before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with theExpedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. In order to initiate this dispute resolution process, you must first send a written copy of your dispute within thirty (30) days of the action giving rise to the problem being performed by sending a letter addressed to our Registered Agent at 1095 Sugar View Drive Suite500, Sheridan, Wyoming 82801. You then agree to negotiate with Pro Gambling Action in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Pro GamblingAction’ receipt of your written description of it, you agree to arbitrate the dispute in accordance with the arbitration provisions below.
Any arbitration under these Terms and Conditions will take place on an individual basis. class arbitrations and class/representative/collective actions are not permitted. Further, unless both you and Pro Gambling Action agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PRO GAMBLING ACTION, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, ANY SITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER SITES.
You agree to indemnify, defend, and hold harmless Pro Gambling Action and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of these Terms andConditions.
These Terms and Conditions as well as the Privacy Policy are governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision. Unless provided otherwise in connection with the Arbitration provisions of these Terms and Conditions agreement, any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the App shall be instituted exclusively in the courts of the State of Wyoming located in Laramie County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any cause of action you may have arising out of or relating to these Terms and Conditions must be brought or commenced within two (2) years from when such cause of action accrues. Any action not brought within two (2) years shall be barred.
If any provision of these Terms and Conditions shall be determined to be illegal and/or unenforceable by any court of law, the remaining provision shall be severable and enforceable in accordance with their terms.
These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and Pro Gambling Action with respect to the App and supersede all prior understandings and agreements, whether written or oral, with respect to the App.
This App is operated by Pro Gambling Action, LLC. All feedback, comments, requests fortechnical support, and other communications relating to the App should be directed to ProGambling Action, 1095 Sugar View Drive Suite 500, Sheridan, Wyoming 82801, or by email toprogamblingaction@yahoo.com.
Pro Gambling Action, LLC
Founding Member