StableDuel - Daily fantasy sports for horse racing

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A NEW BREED OF GAMING IS COMING...

Play. Race. Win.

An Unparalleled Racing Entertainment Experience

  • A revolutionary new form of wagering
  • Engaging and interactive platform for seasoned and novice race fans alike
  • Combining the excitement of daily fantasy sports with the thrill of traditional handicapping

An Unparalleled Racing Entertainment Experience

  • A revolutionary new form of wagering
  • Engaging and interactive platform for seasoned and novice race fans alike
  • Combining the excitement of daily fantasy sports with the thrill of traditional handicapping

What People Are Saying...

We are thrilled about our early customer testimonials

"StableDuel allowed me a different way to enjoy an entire day of horse racing. I was on the edge of my seat every race.”

"Fun for experts & not scary for newcomers... StableDuel has struck the perfect balance...to change the way people play fantasy sports!”

"StableDuel lets me play the role of GM for the sport I’m passionate about the most...horse racing!"

WANT TO BE ONE OF THE FIRST TO PLAY?

WANT TO BE ONE OF THE FIRST TO PLAY?

Who We Are...

The founder’s team includes a combination of backgrounds from the horse racing world (ownership, bloodstock and breeding), the technology start-up world, and Wall Street (management consulting, investment banking and hedge fund management)

Augie

Augie

Chris

Chris

Briana

Briana

Pete

Pete

Weijian

Weijian

John

John

Carver

Carver

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BE ONE OF THE FIRST TO PLAY!

StableDuel is a daily fantasy-style contest for thoroughbred horse racing. Our contests provide an unparalleled entertainment experience for novice and experienced race fans alike. 

We are currently beta testing our iOS app, and will be launching our Android app soon.

Privacy Policy

Last Updated: June 3, 2019

Your privacy matters to StableDuel, LLC (“we”, “us”, “our” or “StableDuel”). This Privacy Policy is meant to help you understand • What data we collect and why we collect it; • What we do with your data; and • Your rights to access, update and delete your data.  

Please take time to read it carefully and feel free to contact us with any questions at any time. 

This Privacy Policy applies to stableduel.com (the “Website”) and all websites, mobile apps, social media pages, applications, application program interfaces, and services (collectively, the “Service”). 

1. Our Role. StableDuel processes data on the Service as both a data processor and data controller. We refer to our employees, directors, officers, contractors, owners, parents, subsidiaries and agents as our “affiliates” throughout this Privacy Policy. 

2. Information We May Collect. We collect information from you to provide you with better service as discussed in more detail below. 

2.1 Information You Give Us: Some of the services available through our Service (such as our sales portal) require you to sign up for a StableDuel account (“StableDuel Account”). When you decide to register for a StableDuel Account, we will ask for your personal information, such as your first and last name, phone number, mailing address, and email address. If you choose to register for our sales portal or purchase a product from us, we will ask for certain financial information (like your bank account or credit card information). 

2.2 Information We Collect from Your Use of Our Service: Log Data and Device Information. We may collect log data and device information when you access and use our Service, even if you have not created a StableDuel Account or are logged into our Service. That information includes, among other things: details about how you’ve used our Service (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, search information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using our Service. Location Information. We may collect and process information about your actual location. We use various technologies to determine IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers. Device Information. If you use the Service on a mobile device or through a mobile application or sign up for SMS notifications or push notifications (where available), we may obtain information specific to mobile activity through use of our Service, such as, for example, your precise or approximate location, your mobile device identifier and/or IP address, the name you have associated with your device, device type, telephone number, country and geolocation. Most mobile devices allow you to control or disable location-based services and other information provided by your device. Cookies and Similar Technologies. StableDuel, its affiliates, service providers and/or advertisers may use “cookies” (text files placed by a Website’s server on a visitor computer hard drive) and other similar technologies, such as “web beacons”, “pixel tags” and mobile identifiers. These technologies collect and store information when you interact with the Service and personalize the Service for you based on your preferences and selections. These technologies are also used to track visitor traffic patterns and other information for marketing and business purposes. You can set your web browser to disable or delete cookie data, but by doing so, you may be preventing yourself from taking advantage of the convenience this technology offers. Payment Transaction Information. We collect information related to your payment transactions through the Service, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and StableDuel. Aggregate Information. We may also collect information that is not personally identifiable, such as history of pages viewed, advertising, and other analytic data. Other. We may collect other information from you when you interact with us in other ways, such as via customer service, text, email, etc. Your information may be supplemented with additional information from other companies such as publicly available information, information about households and other information that we may append or match to your information. We may collect other information as permitted by law. We will never collect information to the extent forbidden by applicable laws. 

2.3 Information We Collect from Third Parties: Our offerings may include features or functionalities provided by third-parties, or may integrate or interact with third-party products and services (including, without limitation, via APIs, plug ins, links, frames, embedding, or other interactions). In the process of providing such functionalities within our services, your browser or other tools or technology may send certain information to the third-party provider. The use of these third-party-provided features or functionalities is subject to their own privacy policies. For example, without limitation, we may collect information, including personal information, from you if you access any aspect of our Service through a third party service, such as Facebook©. If you connect to our Service through a third party service, you allow us to access and import information from your profile from that third party service, which may affect the privacy settings you establish on the third party service. You can find out more about these privacy settings at the third party service. By using our Service through a third party service, you are authorizing us to collect, store and use any information that third party service provides to us through the third party service’s interface with StableDuel. You agree to this when you “accept” or “allow” one of our applications on the social networking site. We do not control, supervise or respond in regards to how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties. As another example, without limitation, we may use a third party for ad serving, retargeting, remarketing and/or for analytics, in which case such third party may have access to your data, subject to its policies. These third-party vendors may use their own cookies and/or other third-party cookies together to (a) inform, optimize, and serve ads across the web based on your past visits to our Services and others and (b) report to us how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our site. If and to the extent from time to time we use Double Click or another Google brand for ad serving, analytics, remarketing, retargeting, etc., you can set certain preferences and opt-outs using Google Ads Settings, and Google Analytics’ currently available opt-outs, found here https://www.google.com/ads/preferences/ and here https://adssettings.google.com/.

2.4 Other Information. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Service through partnerships, or about your experiences and interactions from our partner ad networks.  

For more information about how to access, manage or delete information that is associated with your StableDuel Account, visit the Your Rights Section of this Privacy Policy. 

3. How We Use Information We Collect. We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Service, to create and maintain a trusted and safer environment and to comply with our legal obligations as discussed in more detail below. We, our affiliates and third party service providers may use, store, and process information collected as follows: 

3.1 Provide, Improve and Develop Our Service: We process this information given our legitimate interest in improving our Service and our customers’ experience with it, and where it is necessary for the adequate performance of the contract with you to: 1. Enable you to access the Service and/or your StableDuel Account. 2. Enhance or personalize your visitor or customer experience. 3. Provide information or services you have requested. 4. Provide customer service. 5. Process and maintain your registrations and/or your StableDuel Account. 6. Send you service or support messages, updates, security alerts, and account notifications. 7. Study the use and popularity of our Service. 8. Diagnose problems with our server and to administer our Service. 

3.2 Create and Maintain a Trusted and Safer Environment: We process this information given our legitimate interest in protecting our Service, to measure the adequate performance of our contract with you, and to comply with applicable laws and 1. Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity. 2. Conduct security investigations and risk assessments. 3. Verify or authenticate information or identifications provided by you. 4. Comply with our legal obligations. 5. Resolve any disputes with any of our customers and enforce our agreements with third parties. 6. Enforce our Terms of Service and other policies. 

3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing: We process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest and 1. Send you email or SMS notifications of new features and other StableDuel news, but only in instances where you have elected to receive such information. There is an optional section of our Website where input forms require your name, phone number, company, and e-mail address. This form provides the ability to opt-in to receiving future emails of any sort from StableDuel. If you opt-in to receiving email communications from us, then we may send information to you on our products or services. This information will not be used for any other purpose, except as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Service. 2. Personalize, measure, and improve our advertising. 3. Administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by StableDuel or its third party partners. 4. Provide advertisers with aggregate information about our visitors and customers. 

You may review and change or delete your information with us at any time by clicking on the “modify profile” link on the Website or similar found at the bottom of emails sent via our system, or by contacting us at support@stableduel.com. To opt-out from having any provided information used for email communications from us, please click on the opt-out (unsubscribe) link in any message you receive from us.  

4. How We Share Information We Collect 

4.1 Consent: Where you have provided express consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your StableDuel Account or when you participate in promotional activities conducted by StableDuel or third parties. 

4.2 Agents: We employ other businesses and individuals to perform functions on our behalf. Examples may include site analysis, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. Such parties may have access to personally identifiable information needed to perform their functions. 

4.3 Aggregate Information: We may share aggregate information, such as site usage statistics, with advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information. 

4.4 Information You Make Public. The Service, including mobile applications and pages we make available through social networking sites, such as Facebook©, may have features that allow you to post information that can be viewed by other visitors, such as commenting, chat rooms, forums and message boards. You are not required to provide any personal information when using these features but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. In addition, when you post a comment to a mobile application, the user name with which you registered for the Service and your current location may be made publicly available on the Service and through the mobile application. We cannot ensure the security of any information you choose to make public using these features, and it may remain available indefinitely. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas. 

4.5 Affiliates: We may share your information (including without limitation personally identifiable information) with our affiliates that are related by common ownership or control. 

4.6 Transfers: In the event that our assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the assets transferred, all information that has been collected and saved may be one of the assets we transfer. We will post a notice on the Service in the event of such a transfer. 

4.7 Legal Process and Compliance with Laws and Policies: We or others may disclose your personal information and any other information collected by the Service to law enforcement agencies and other third parties without notice to you in order to comply with applicable law, to investigate suspected fraud, harassment or other violations of applicable law or of our Service policies, to protect our or third parties’ rights, or to protect the rights of other visitors or customers. 

4.8 Friends and Family Referral Functionality: If you feel that information about StableDuel could be useful for a third party you know (e.g. your friends or family members etc.), you may use our forward-to-a-friend functionality. If you choose to use our referral service to tell a friend about StableDuel, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Website if he or she wishes to do so. StableDuel stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. 

4.9. Advertising. Your information may be used for the presentation of advertisements. We may use ad networks to customize and display advertising on our Services. We may share certain information about you as a user (such as age, zip code or other information we have collected or received) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. We may from time to time work with other companies for certain services such as analytics or advertising, and you may be subject to their privacy policies as well, though you may opt out through them directly or contact us with questions. 

5. YOUR RIGHTS. You may exercise any of the rights described in this section by sending an email to support@stableduel.com. Please note that we may ask you to verify your identity before taking further action on your request. 

5.1 Managing Your Information: You may access and update some of your information through your StableDuel Account settings. 

5.2 Rectification of Inaccurate or Incomplete Information: You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your StableDuel Account). 

5.3 Data Access and Portability: In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible). 

5.4 Data Retention and Erasure: We generally retain your personal information for only as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Service to you, you can request that we erase your personal information and close any StableDuel Accounts created through the Service by following the instructions in the Contact Us section below. Please note that if you request the erasure of your personal information: 1. We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. 2. We may retain and use your personal information to the extent necessary to comply with our legal obligations, such as for tax, legal reporting and auditing obligations. 3. Because we maintain the Service to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time. 

5.5 Withdrawing Consent and Restriction of Processing: Where you have provided your consent to the processing of your personal information by StableDuel, you may withdraw your consent at any time by sending a communication to StableDuel specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. 

5.6 Objection to Processing: In some jurisdictions, applicable law may entitle you to require StableDuel not to process your personal information for certain specific purposes (including profiling). If you object to such processing, StableDuel will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims. Where your personal information is processed for direct marketing purposes, you may, at any time ask StableDuel to cease processing your data for these direct marketing purposes by sending a communication to StableDuel. 

5.7 Lodging Complaints: You have the right to lodge complaints about the data processing activities carried out by StableDuel to the appropriate data protection authorities. 

6. Other Terms and Conditions 

6.1 Security: We are continuously implementing and updating our administrative, technical and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. We incorporate reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect, including firewalls and data encryption, and information access controls. If you have reason to believe that your StableDuel Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your StableDuel Account, please contact us following the instructions in the Contact Us section below. 

6.2 Linking to Third Party Accounts: You should be aware that when you use the Service, you could be directed to other websites beyond our control. This includes links from advertisers, sponsors and marketing partners, and these third parties may use our logos as part of a sponsorship agreement. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a websites that is linked to the Service, you should consult that website’s privacy policy before providing any personal information. We do not have any control over third party websites and are not liable to you for any claims that may arise from your use of third party websites. We encourage you to review the privacy policies of the other websites you visit. 

6.3 Our Policies Concerning Children: Our Service is not intended for children under the age of 13, and we encourage parents and guardians to be aware of and participate in their children’s online activities. We adhere to the Children’s Online Privacy Protection Act, and we do not knowingly collect, use or disclose any personal information from children under the age of 13 in a manner that violates that law. In the event that we learn that we have inadvertently gathered personal information from a child under the age of 13, we will promptly take reasonable measures to erase such information from our records. 

6.4 Your California Privacy Rights: California Civil Code Section 1798.83 permits customers of the Service who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@stableduel.com. 

6.5 California & Vermont Residents: StableDuel will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law. California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year. 

6.6 Do Not Track Disclosures: Some web browsers incorporate a "Do Not Track" feature that signals to websites and Services that you visit that you do not want to have your online activity tracked. Each browser communicates "Do Not Track" signals to websites differently, making it unworkable to honor each and every request correctly. In order to alleviate any communication error between browsers and our Services, we do not respond to or honor "Do Not Track" signals at this time. As the technology and communication between browser and website improves, we may elect in our discretion to reevaluate the ability to honor "Do Not Track" signals and may make changes to our policy. You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Services or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain Service Providers (defined below), please click here. On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising. Note that our systems may not recognize Do Not Track headers or requests from some or all browsers.  

6.7 Changes to this Privacy Policy: StableDuel may revise this Privacy Policy from time to time. We will post any changes on this page and update the date at the top, so be sure to check back periodically to stay aware of any modifications. Your continued use of the Sites after changes have been posted will constitute your acceptance of this Privacy Policy and any changes. 

6.8 Contact Us: If you have any questions about this Privacy Policy, please contact: StableDuel, LLC 300 West Vine Street, Suite 1420 Lexington, Kentucky 40507 Email: support@stableduel.com Phone: (859) 242-5024  

6.9 Terms: You acknowledge that our Terms of Service are incorporated herein by this reference and apply to this Privacy Policy, including, without limitation, all rules of conduct, disclaimer of warranty, limitations of liability, indemnification and dispute resolution provisions. 

7. For residents of the European Economic Area (EEA), we advise that your personal information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Our legal basis for collecting and using your personal information or information is to do so with your consent; where we need the personal information for performance of a contract, or where the collection and use is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your Personal Information with your consent, you may withdraw your consent at any time.  

Residents of the EEA have the right to:  

• Access your personal information; • Delete, or request deletion of, your personal information; • Object to or restrict processing of your Personal information; • Request portability of your Personal information; • Complain to your local data protection authority at any time; • Object to automated decision making; and • Update your personal Information.  

Terms of Service

Last Updated: June 26, 2019  

OVERVIEW Please read the following terms and conditions carefully. 

These Terms of Service are an agreement between you (“you”) and StableDuel, LLC. Throughout the site and app the terms “StableDuel”, the “Company”, “we”, “us” and “our” refer to StableDuel, LLC. StableDuel offers certain Services (defined below) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  

By visiting, accessing or using any of our website(s), mobile application(s) (“app(s)”), content, tools, widgets, subscription products or services, software, API(s), and/or other product(s), service(s), data, or information and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. By visiting, accessing or using our Services, you also signify your agreement to our privacy policy located on our website, and any other standard policies or community guidelines, if any, posted in our Services, which are all expressly incorporated herein and must also be observed and followed. These Terms of Service and other polices apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  

Please read these Terms of Service carefully before accessing or using our Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or app or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

  Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.  

  We reserve the right to make changes to our Services and these Terms of Service (including, without limitation, account wagering rules, policies and procedures) at any time, which changes will become effective when posted in the Services. It is your responsibility to check the Services periodically for changes to these Terms of Service.  

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  

1. USER ACCOUNT 

To establish and/or maintain a wagering account, you must meet the following requirements (collectively, the “Basic Requirements”):  

• Be at least 18 years of age (21 in Alabama, Arizona, Indiana, Iowa, Kansas, North Dakota, New Hampshire and Washington); • Be a natural person; • Be a citizen of the United States or a resident alien; and  

By establishing an account with StableDuel, you certify that:  

• You have read and agreed to use your account in accordance with these Terms. • The information you submitted in order to establish an account is accurate. • You meet the Basic Requirements. • You are familiar with the Local Laws (as defined below) applicable to you and that you are not prohibited from establishing an account with StableDuel. • Your account is for your personal, private use only. You will not allow a person other than you to use your account and bear full responsibility for maintaining the confidentiality of your account, including, without limitation, account PINs and passwords.  

In order to establish an account, you must provide to StableDuel the following information:  

• Full legal name • Date of birth • Any additional information that StableDuel and their affiliates requests to verify your identity  

You are responsible for maintaining your own access to the internet and for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment. You consent to receiving communications electronically. You may acquire additional products, services and/or content of ours from our Services. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such additional products, services and/or content, which terms will apply in addition to these Terms.  

You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice. 

2. ONLINE STORE TERMS  

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.  

After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you. Except as otherwise mutually agreed in writing, we reserve the right to change our fees with 30 days’ notice. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.  

 3. GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Services through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.  

Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.  

You will keep and protect any of our Confidential Information (defined below) as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts. Our “Confidential Information” includes the Services, documentation and information about the Services and their operation, and any other information you obtain from or about us or from or about the Services, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature. You agree to return or destroy our Confidential Information when this Agreement is over. You acknowledge and agree we shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available under law or in equity. Your confidentiality obligations shall survive termination or expiration of this Agreement.  

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site or through our app is not accurate, complete or current. The material on this site and on the app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or app is at your own risk. This site and app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site and app at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.  

5. MODIFICATIONS TO THE SERVICES AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.  

6. PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the Services. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.  

8. OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.  

9. THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.  

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or any other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. 

You shall be solely responsible for your own content and any Comments. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit e.g., via Comments will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.  

You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.  

11. PERSONAL INFORMATION AND PRIVACY POLICY Your submission of personal information through the Services, app or store is governed by our Privacy Policy which can be found at https://stableduel.com/privacy-policy/.

Notwithstanding anything herein to the contrary, and to avoid any doubt, you retain all applicable personal information rights set forth in more detail in our Privacy Policy, including, without limitation, your rights to have your personal information erased and your rights to close your account. 

12. INTELLECTUAL PROPERTY Unless otherwise indicated, all text, graphics, icons, logos, buttons and images on the Services (collectively, “IP”) are copyrighted materials or trademarks of, and owned and controlled by StableDuel or its subcontractor. Reproduction of IP from the Services may be a violation of copyright, trademark or other applicable intellectual property laws, in the U.S. and/or internationally. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information contained herein. All software used on the Services is the property of StableDuel, its subcontractors or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, de­compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish or perform any of the content of these Services without our express written permission. The Services may also contain third party trademarks and service marks of participating gaming establishments licensed by various federal and state regulatory bodies to conduct wagering activity connected with the Services. All marks are the property of their respective holders. 

We own any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, including without limitation any aggregated and anonymized data extracted or derived from the Service, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. We own the rights to any metadata we collect from or about your use of the Services. Without limiting the generality of the foregoing, we reserve the right to create and market public indexes, analysis or insights created from such data. 

13. ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site, app or in our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.  

14. PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website, App, Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You shall not download any content, software or services unless you see a “download” or similar link displayed by Company on the Services for that content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Company or the respective licensors of the content. Company and its licensors reserve all rights not expressly granted in and to the Services and their content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.  

You shall not:  

1. restrict or inhibit any other user from using and enjoying the Services; 2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; 3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Company) or engage in spamming or flooding; 4. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; 5. upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto; 6. resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them; 7. use email addresses obtained from the Services for solicitation purposes of any kind, directly or indirectly; 8. use data mining, robots or other similar data gathering and extraction tools; 9. access (or attempt to access) this site through any automated means (including use of scripts or web crawlers); 10. make any derivative works based, in whole or in part, on any portion or all of the Services; 11. use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services; 12. mirror or cache or store any pages or portions of the Service; 13. co-brand any portion of the Services; 14. otherwise imply any relationship with or endorsement of your brands or services; 15. use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services; 16. portray Company or any company affiliated with it in a negative manner or otherwise portray its Services in a false, misleading, derogatory or offensive manner; 17. use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Services; 18. attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process; 19. post or transmit any photograph or likeness of another person without that person's consent, if and to the extent necessary under applicable laws; 20. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material); or 21. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.  

You shall not, and shall not attempt to (and shall not authorize or allow any third party to or attempt to): (a) download or otherwise obtain a copy of the Service (as applicable as such term is used herein, including any portion thereof) in any form; (b) reverse engineer, reverse compile, decompile, disassemble, or translate, exploit, or otherwise derive the source code of the Service or otherwise modify, the Service, or create any derivative works thereof; or (c) use the Service on behalf of any third party or for any purpose other than as described in this Agreement; (d) sell, resell, lease, license, sublicense, distribute, reproduce, copy, duplicate, or otherwise transfer or exploit the Service or use it as a service bureau; (e) post, send, process or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material violating of third party rights; (f) post, send, process or store material containing software viruses, worms, Trojan horses or other harmful or malicious computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Service or attempt to gain unauthorized access to the Service or related systems or networks; (h) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or our rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the software or on any copies made in accordance with this Agreement; (i) remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications of the intellectual property rights and/or our rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to the Service, or documentation, or on any copies made in accordance with this Agreement; (j) use, or authorize or permit the use of, the Service except as expressly permitted herein; (k) use the Service to perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortuous, or defamatory, nor to perform any activity which breaches the rights of any third party. The Service may be used only by you (i) for your internal business purposes and only for your direct benefit; (ii) only by the number of persons for whom a license fee has been paid, and all such use may only be by those persons using the Service for the benefit of you in the course and scope of their employment, subject to the terms hereof; (iii) only in its original form without alteration or combination with other products, services or software except as expressly authorized in any applicable documentation; and (iv) in compliance with all applicable laws and in compliance with all documentation and instructions provided by us. You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services. You agree not to use the Services to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity. Materials you post to the Services may not contain URLs or links to websites that compete with the Services nor other competitive content or references. 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.  

15. DISCLAIMER OF WARRANTIES STABLEDUEL MAKES NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, TIMELINESS, CONTINUITY, APPROPRIATENESS, AND SUITABILITY FOR ANY PURPOSE OF ANY INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON TH SERVICES AND/OR APP. OUR SITE, APP AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES.  

If you are not completely satisfied with the Services, your sole remedy is to cease using the Services. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.  

StableDuel owns and operates its contests and promotions without sponsorship or endorsement from Apple.  

16. LIMITATION OF LIABILITY In no event shall the StableDuel be liable to you, or anyone claiming through you, for any direct, indirect or consequential damages, or lost revenue or profits, claimed to arise out of the acts or omissions of StableDuel, StableDuel’s agents, affiliates, subsidiaries, representatives or service providers, or the Services. Except where prohibited, you, by participation in the Services and/or accessing the Services, agrees to release StableDuel LLC, and its divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or other agencies, and their respective employees, officers, directors, agents and legal advisors (the "Released Parties") from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with your use of the website, app or Services, including, without limitation, (a) personal injuries, death and property damage and claims based on publicity rights, defamation or invasion of privacy (b) unauthorized human intervention in the Services; (c) technical errors related to computers, servers, providers, printers or telephone or network lines; (d) printing errors; (e) errors in the administration of the Services; (f) late, lost, or undeliverable mail; (g) human error. You agree that StableDuel shall not be liable or responsible for any printing, or typographical, or other in advertent errors in any materials associated with the Services. The Released Parties assume no responsibility for any damage to a your computer system which is occasioned by accessing the Services, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. You acknowledge that the information on the website and other Services is provided 'as is' for general information only. If you use the Services to wager, legally or illegally, we are not responsible. You indemnify us for any failure by you or your agents to do so and/or to follow any applicable laws, rules and regulations. IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.  

17. INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, MEMBERS, AGENTS, INTERNS AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, DEMANDS, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN OR ANY MISUSE OF THE SERVICES); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.  

 18. SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.  

19. TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20. ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site, app or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the website, app and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

21. THEFT AND FRAUDULENT ACTIVITY We will report any activities that we reasonably believe constitute fraud or theft to the appropriate law enforcement authorities and may prosecute such activities to the full extent of the law. To the extent permitted by law, we will retain the proceeds resulting from such fraudulent activity or theft and use those funds to pay for damages and losses resulting from such fraudulent activity or theft.  

22. GOVERNING LAW, DISPUTES, CHOICE OF LAW AND FORUM These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States. Except where prohibited, by participating, you agree that: (1) any and all disputes, claims and causes of action arising out of, or connected with, the website, app or Services shall be resolved individually, without resort to any form of class action, and exclusively by the Supreme Court of the State of New York, County of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the Services, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Service, rules and conditions, or your rights and obligations and StableDuel in connection with the website, app or Services, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky. 

23. WAGERING By placing Wagers on or via the Services, you thereby confirm your awareness that many countries, states, provinces and other localities have laws, codes and regulations ("Legislation") governing, regulating or prohibiting the offering of gaming services, both over the Internet and otherwise, and further, you acknowledge that we do not represent that the wagering services offered by the Services are compliant with Legislation applicable to you. You should contact applicable gaming regulators for additional information, which may affect your ability to utilize the wagering services offered on or provided by the Services. You are familiar with all relevant local laws of the jurisdiction in which you reside. You are responsible to ensure that you have the legal right to place wagers, so that we have the right to accept your wager(s). You further agree that in the event You are traveling outside of the jurisdiction in which you reside, you will only place Wagers from those jurisdictions where account wagering is legal. It is your responsibility to ensure you are wagering from a legal jurisdiction to do so, but we reserve the right (but not the obligation) to refuse bets or wagers from locations where it is not legal to do so. You are placing Wagers for personal, private use only, and you will not make any information, materials, or services available from this Service available to any person who is not otherwise allowed to access them. Without limiting the generality of the foregoing, you will not place bets for or on behalf of minors nor people outside jurisdictions where wagering is permitted. You acknowledge that we shall not be deemed to have accepted any wager until it has issued to You an electronic response which will contain a valid transaction reference number confirming the wager has been accepted ("Notice of Confirmation"). Any communications between you and us, prior to receipt of the Notice of Confirmation, are merely offers to wager through our Services, which offers are deemed accepted only after we issue to you a Notice of Confirmation, which shall be conditioned upon your acceptance of these Terms and any terms in the Notice of Confirmation. We will be held harmless in the event that, due to any reason, you attempt to cancel a wager and the wager fails to be cancelled. You may not wager if you have inside information, for example, without limitation, if you or a family member works for a casino, racetrack or are otherwise an industry insider. The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service must be executed personally by you through the user interface accessible by use of the Service, and without the assistance of artificial intelligence. All denied or rejected wagers requests, for example, due to tote error, track error, communications complications, pool merge failure, or any other technical difficulties shall be canceled, and the betting amount refunded to your account. In the event the wagering information (wager) you provide to us is not transmitted to, received by, or otherwise accepted by the host racetrack for any reason (including, but not limited to mechanical, communication and human error or failure), no wager will have been placed (or deemed to have been placed) on your behalf at the track and no money will be debited from the your account. Under no circumstances will we "book" the wager, or otherwise be held responsible for the information not being transmitted to, received by, or otherwise accepted by the racetrack. In the event multiple "official" prices are posted by the racetracks (for example, as a result of miscalculation of payoffs by the track, an error by the state judges, or any other reason, we will ascertain the final "official" prices from the racetrack and will make any adjustment to your accounts necessary to correct any incorrect debits or credits made to your account as a result of receiving the non-final "official" prices. We reserve the right to limit the number and the amount of wagers you can perform. We reserve the right to cancel any bet and refund the bet amount to your account. We reserve the right to withhold, report, and/or pay taxes out of your account. We reserve the right to refuse any wager or terminate an account at any time and for any reason. 

24. CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  

25. SECTION TITLES The section titles in these Terms are for convenience only and have no legal or contractual effect.  

26. CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@stableduel.com.  

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