BETAMERICA.com TERMS AND CONDITIONS

Please read carefully. If you disagree with any of the terms of use below, do not use this site.

Access to and use of this web site, BetAmerica.com (“BetAmerica”), is subject to the following terms and conditions of use and all applicable State and Federal laws. By accessing and browsing this web site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and BetAmerica regarding the subject matter hereof are superseded and of no force or effect. Please note that section headings are for your convenience only and have no legal effect.

SERVICE

BetAmerica’s Service consists of monthly access to the BetAmerica closed-loop network, including all available track programs, live odds for all available tracks, and live audio/video for available premium track content. Service for select wagering jurisdictions also include the ability to place wagers on available races through BetAmerica’s licensed online Wagering Platform or by BetAmerica’s telephone wagering system. BetAmerica reserves the right to change the Service or any specific feature of the Service at any time, without notice.

APPLICATION REQUIREMENTS

Upon acceptance and completion of the application process, you will become a BetAmerica Account Holder. By becoming an Account Holder, you certify, agree and accept the following:

a. You have read and agree to use the Account in accordance with the Terms and Conditions set forth and acknowledge any and all other agreements between you and BetAmerica, including BetAmerica's Privacy Policy.

b. You represent and warrant to BetAmerica that you are at least 21 years of age.

c. You will provide BetAmerica with accurate and complete billing and primary residential information including your full legal name, residential address, telephone number and email address. Any changes to the above-mentioned Account information must be reported to BetAmerica as soon as possible, but in no event later than 10 days after such change.

d. You will provide BetAmerica with an accurate social security number.

e. You agree to pay all charges posted to your account for the Services provided under this Agreement. Procedures for cancellation of this Agreement are provided below.

f. You authorize BetAmerica to verify Account Holder information provided using a third party consumer database. This authorization will remain in effect and BetAmerica may verify your Account Holder information periodically, until such time as you notify BetAmerica, that you wish to cancel your Account.

g. You agree to allow BetAmerica to use your information to open advance deposit wagering accounts on your behalf as required by law or contract.

DEPOSITS, WITHDRAWALS, WAGERING AND CONTESTS

Deposits:

Deposits to your Account may be made by some or all of the following methods: credit card, debit card, check, electronic check, money order, cashiers check, wire transfer or certain third party e-wallet providers.

Electronic checks, also know as ACH payments, are deposits to your Account which are electronically debited from your personal checking account. Electronic check deposits are generally credited immediately upon authorization from our processor. Only $100 of first time electronic check deposits will be immediately credited, with the balance of the deposit credited to your Account when funds are received. After the first electronic check deposit, an Authorization Form must be submitted in order to make additional electronic check deposits.

The maximum amounts which may be deposited within any seven day period are dependant on your deposit history with us. Established Accounts in good standing are typically allowed up to $2,000 in deposits in any seven day period. Please contact Customer Service if you would like to increase the amount which you may deposit in any seven day period. Please note that additional restrictions and regulations may apply for certain jurisdictions. BetAmerica reserves the right to enforce additional restrictions and limitations at its sole discretion at any time.

BetAmerica accepts personal checks by mail. All personal checks are typically subject to a hold period to enable check clearance (generally 1-5 business days hold). In the event of a return, all checks or ACH (Electronic Checks) used to fund your wagering account will be subject to a $30.00 returned item service charge.

BetAmerica accepts money orders and cashiers checks by mail. All money orders and cashiers check are given immediate credit after confirmation of validity.

Wire transfers must be drawn on an account for which the Account Holder is an owner. All wire transfers are funded immediately upon receipt of confirmation. Account Holders may be held liable for any transfer fees imposed by the transmitting or receiving entity and the charges shall be deducted from the Account Holders Account.

In order to fund your account through third-party e-wallet providers, the rules and charges of such providers will apply. In addition, such deposits may be subject to a hold period.

Withdrawals:

All withdrawal requests must be made by using the BetAmerica.com web site. Account Holders must authenticate themselves prior to any withdrawal request. Withdrawals are made by electronic deposit to the Account Holders U.S. bank account. All such withdrawal requests are processed within two business days of request and should be received in the Account Holders U.S. bank account within an additional 1-4 business days. For Account Holders without a U.S. bank account, or, upon request, withdrawal requests will be made by check, drafted in the Account Holders legal name, and sent to the Account Holders residence address on file. Withdrawals processed by check will be mailed within three business days of request, will be sent by first class regular mail. For a fee of $30, upon request, delivery of checks will be expedited and sent within one business day for next business day delivery using a national overnight delivery service. In all cases, no withdrawals will be processed unless all deposited funds have cleared and BetAmerica.com has received good funds.

Wagering on Racing:

Account Holders may place wagers on racing with BetAmerica through the internet. Account Holders may only wager up to the balance of their Accounts. All approved wagers are withdrawn from the Account Holder's Account prior to submission of wager. Credits for winning wagers are deposited into the Account Holder's Account after official results have been posted by the respective track. BetAmerica reserves the right to reject any wager for any reason in its sole discretion. All wagers on racing placed by Account Holders when they are physically located in a state (1) from where wagering on racing is not permitted, or (2) on tracks which have required that BetAmerica restrict the acceptance of wagers on their track from such state, is not allowed. For a current listing of state-by-state restrictions, please see “State Restrictions” in the Help/Support pages.

All ineffective wager requests due to tote error, track error, communications complications, and merge failure, or any other technical difficulties shall be cancelled, and the wagering amount refunded to the Account Holders Account. BetAmerica reserves the right to cancel any wager and refund the wager amount to the Account Holder Account.

Contests:

BetAmerica.com will offer promotional contests from time to time for the enjoyment of members. They are intended to provide entertainment only and are not wagering opportunities. The contests offered are skill contests and are intended to attract new customers to the site and increase the frequency with which existing customers visit the site. Account Holders will have the opportunity to submit contest entries as offered at BetAmerica.com through the internet. Account Holders may submit contest entries through the internet up to the balance of their Accounts. All approved contest entries submitted through the internet are withdrawn from the Account Holder's Account prior to acceptance of the contest entry. Prizes for winning contests are deposited into the Account Holder's Account after the contest has concluded. BetAmerica reserves the right to reject any contest entry for any reason in its sole discretion. All contest entries placed by Account Holders when physically located in a state where from where contest entries are not accepted by BetAmerica.com, is not allowed. For a current listing of state-by-state restrictions for contest entries, please see “State Restrictions” in the Help/Support pages.

All ineffective contest entries due to system error, communications complications, or any other technical difficulties shall be cancelled, and the entry fee will be refunded to the Account Holders Account. BetAmerica reserves the right to cancel any contest entry and credit the contest entry fee to the Account Holder’s Account.

Contests offered at BetAmerica.com are not to be used in connection with any form of gambling or the promotion of gambling. Employees, officers, directors, agents, and representatives of BetAmerica.com, their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse, children, siblings, and grandparents) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of BetAmerica.com are NOT eligible to win any prizes.

For BetAmerica.com Football Fantasy Parlay Contest, your fantasy team will compete against another team in a head-to-head match-up. During a match-up, each of the 10 players in your fantasy team, plus up to five bonus fantasy team players you can select, will earn points based on their actual statistics from NFL games, and compared to the points earned by the match-up fantasy team, plus or minus the balancing point amount added or subtracted from each fantasy team’s total points. The statistics used for scoring points and their corresponding point values are as follows:

Offensive Statistic	Points
Passing, Rushing or Receiving Touchdown	6 points
2 point conversion	2 points
Field Goal	3 points
Extra Point	1 point
Defensive Statistic	Points
Total Defensive/ Special Teams Touchdown	6 points
Safety	2 points
Interception	1 point
Defensive/ST Fumble Recovered	1 point
Sack	1 point

BetAmerica.com reserves the right to reject the submission of more than five contest entries ternet for any daily or weekly contest.

As an alternate means of entering a weekly Fantasy Football Parlay Contest, individuals who satisfy the Application Requirements set forth above, must legibly print their first and last names, complete address, city, state, zip code, date of birth, e-mail address, daytime telephone number, social security number and which week’s contest you wish to enter on a postcard or piece of paper inserted into an envelope, and mail to: "BetAmerica.com Fantasy Football Parlay Contest", 301 3rd Avenue North, Fargo, North Dakota 58102. In such entry, legibly print the Fantasy Team(s) you wish to select, and up to five (5) additional fantasy team players for each Fantasy Team selected. Free play requests for each week’s Fantasy Football Parlay Contest must be received no later than Thursday of the week in which such contest is offered (Fantasy Football Parlay Contests begin on Tuesday and end on the following Monday). Limit one entry per envelope and one entry per address. Only the winners will be notified by either electronic mail or regular postal mail. No photocopies, reproductions, or facsimiles allowed. BetAmerica.com is not responsible for late, lost, illegible, incomplete, stolen, misdirected, or postage-due mail. The odds of winning any prize will be the same by alternate means of entry as by contest entry through the internet.

All contest rules additionally posted at BetAmerica.com are incorporated in these Terms and Conditions. In the event of any conflict between the contest rules posted on other pages of BetAmerica.com and the Terms and Conditions set forth on this page, the Terms and Conditions set forth on this page will control.

TAX REPORTINGS AND WITHHOLDINGS

In accordance with IRS laws, any wager resulting in winnings of $600.00 or more must be reported to the Internal Revenue Service, if the amount of winnings is at least 300 times the amount wagered. In addition any wager resulting in winnings over $5,000.00, is subject to reporting and withholding if the amount of winnings is at least 300 times the amount wagered. All winnings subject to reporting and/or withholding shall be reported and/or withheld by BetAmerica and a copy of the W2-G Form summarizing the information shall be sent to the Account Holder for tax purposes.

Payment of all contest prizes is subject to applicable IRS law and regulations.

CHARGES AND BILLING

BetAmerica reserves the right to change our fees or billing methods at any time. All Account Holders are encouraged to review the BetAmerica Terms and Conditions periodically for updates and changes.

Subscription pricing information is posted and updated on BetAmerica's FAQ's page. Prices may also be obtained by calling Customer Service. Account holders shall pay for past performances and other handicapping products, per track, per day, in accordance with listed rates.

Account Holders incurring charges for purchasing handicapping products will be deducted from the Account Holders Wagering Account.

Payments for Services provided must be received in a timely manner. Penalties incurred for late payment, delinquent accounts, and any attorney and collection fees incurred by BetAmerica, shall be the sole responsibility of the Account Holder. Delinquent accounts may be suspended or canceled at BetAmerica's sole discretion, and will continue to incur fees and penalties until such account is terminated by you or by BetAmerica in accordance with this Agreement. If your account incurs charges, which are declined by your Credit Card Company or financial institution, BetAmerica reserves the right to re-bill you for those charges, regardless of your account status or purchase date.

Account Holders are liable for all applicable State taxes, duties, or levies, which are required by law.

If you believe that BetAmerica has billed you in error, you must contact Customer Service, within 60 days of the date the charge posted to your account. Refunds or adjustments will not be given for any charges that are more than 60 days old.

USE OF THE SERVICE

Only authorized Account Holders shall have access to Services provided by BetAmerica. Any wagers placed by a person other than the Account Holder is strictly prohibited and will give BetAmerica the right to terminate your Account immediately. You are legally responsible for all wagers placed from your Account using your Account Number and PIN over the phone, or online with your Handle and Password. You bear full responsibility for maintaining the confidentiality of your Account Number, PIN, Handle and Password.

Account Holders shall not use the Service, or permit others to use the Service, in any way that violates any Federal or State Laws or Regulations. Violations of Federal or State Laws may subject Account Holders to civil and/or criminal penalties.

Account Holders shall be responsible for all charges to their Account. BetAmerica will not, under any circumstances, be responsible for any unauthorized usage of an Account Holder's Advance Deposit Wagering Account with BetAmerica's licensed online Wagering Platform, or the BetAmerica licensed telephone Wagering Platform.

ACCOUNT HOLDERS SHALL NOT MAKE WAGERS FROM THEIR ACCOUNT WHILE RESIDING OR LOCATED IN A NON-WAGERING JURISDICTION IN WHICH PARI-MUTUEL WAGERING IS FORBIDDEN. IN PARTICULAR, ACCOUNT HOLDERS MAY NOT PLACE WAGERS WHILE RESIDING OR LOCATED IN: ALASKA; GEORGIA; HAWAII; MISSISSIPPI; MISSOURI; NEBRASKA; NEVADA; NEW JERSEY; NORTH CAROLINA; PUERTO RICO; SOUTH CAROLINA; US VIRGIN ISLANDS; AND UTAH. PLACING A WAGER WHILE IN ONE OF THESE JURISDICTIONS MAY RESULT IN THE CRIMINAL PROSECUTION OF THE ACCOUNT HOLDER.

ACCOUNT HOLDERS ARE ADVISED THAT IN THE EVENT OF A CRIMINAL INVESTIGATION BY STATE OR FEDERAL AUTHORITIES OR REGULATORY INQUIRY PURSUANT TO BETAMERICA'S LICENSES, THE ACCOUNT HOLDER WAIVES ANY AND ALL RIGHTS TO ACCOUNT HOLDER INFORMATION AND DATA IN BETAMERICA'S POSSESSION, AND ACCOUNT HOLDER SPECIFICALLY AUTHORIZES BETAMERICA TO DISCLOSE SAID DATA AND INFORMATION TO LAW ENFORCEMENT AUTHORITIES AND ACCOUNT HOLDER RELEASES BETAMERICA OF ALL LIABILITY IN THIS REGARD TO THE FULL EXTENT POSSIBLE BY LAW.

LIMITATION OF LIABILITY

Although BetAmerica diligently updates all track and wagering information periodically, in no way shall BetAmerica be liable for damages whether direct, indirect, incidental, exemplary, punitive, special or consequential, including, but not limited to loss of revenue, anticipated profits or other economic loss, whether foreseeable or not, in connection with or arising out of the availability, existence, furnishing or functioning of any services or information provided, including but not limited to omission or misstatements of track program, past performances and late changes of race information.

BetAmerica shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond BetAmerica's control whether or not similar to the foregoing.

BetAmerica may, in its sole discretion and at any time, modify, alter or discontinue the Service or limit, terminate or suspend Account Holder use of the Account. BetAmerica encourages responsibility in gambling behavior.

ARBITRATION CLAUSE

All disputes, controversies or differences which may arise between BetAmerica and an Account Holder, out of or in relation to or in connection with this Service shall be finally settled by arbitration in Fargo, North Dakota, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The decision of the arbitrator shall be final and binding upon all Parties.

The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this agreement. Any questions involving contract interpretation shall be made in accordance with the laws of North Dakota. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this web site ("Software") is the copyrighted work of BetAmerica and its affiliates. Use of the Software is governed by the terms of the various end user license conditions contained in these Terms and Conditions. Your use of this Website will constitute your acceptance of these end user license conditions, as they may be changed from time to time.

The Software is made available for downloading solely for use by you according with these Terms and Conditions. Any reproduction or redistribution of the Software not in accordance with these Terms and Conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. You do not acquire any ownership rights by downloading any material on or from the site.

The software is warranted, if at all, only according to these Terms and Conditions. Except as expressly warranted in these Terms and Conditions, if at all, BetAmerica hereby disclaims all warranties, conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

No software from the BetAmerica web site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export control restrictions. By downloading or using software from this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Permission to use press releases, datasheets and FAQs from this web site is granted, provided that:

(1) the below copyright notice (4) appears in all copies and that both the copyright notice and this permission notice appear,

(2) use of such documents from this web site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and

(3) no modifications of any documents shall be made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

(4) 2007, BetAmerica.com®, All Rights Reserved.

Documents specified above should not include the design or layout of the BetAmerica web site or any other BetAmerica owned, rated, licensed or controlled site. Elements of the BetAmerica web sites are protected by trade dress, trademark, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BetAmerica web site may be copied or retransmitted unless expressly permitted by BetAmerica.

BetAmerica and its affiliates make 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 this web site. All such documents and related graphics are provided "as is" without warranty of any kind. BetAmerica and its affiliates hereby disclaim all warranties and conditions with regard to this information, including all expressed and implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall BetAmerica or its affiliates be liable for any special, incidental, punitive, indirect, or consequential damages or any damages whatsoever resulting from the use, or loss of use, of the service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on this service, or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this web site.

The documents and related graphics published on this web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information. BetAmerica and its affiliates may make improvements and/or changes in the product(s) and/or the program described herein at any time. BetAmerica makes no commitment to update any of the information contained on its web site.

Any information, communication or material you transmit to BetAmerica or the BetAmerica web site by telephone, electronic mail, other electronic media or otherwise, including Account Holder information, data, questions, comments, suggestions, or the like is, and will be treated as non-confidential, non-proprietary, and the exclusive property of BetAmerica, subject to partial or total disclosure at BetAmerica's discretion. In addition, all information transmitted by you may be used by BetAmerica or its affiliates, without any compensation to you, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, BetAmerica is free to use any ideas, concepts, know-how, or techniques contained in any communications you send to the web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Images of people or places displayed on the BetAmerica web site are either property of, or used with permission by, BetAmerica. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission is provided elsewhere on the web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

Links may let you leave BetAmerica's web site. The linked sites are not under the control of BetAmerica and BetAmerica is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to such web sites. BetAmerica is not responsible for web casting or any other form of transmission received from any linked web site. BetAmerica is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BetAmerica of the linked web site.

TRADEMARKS NOTICE

BetAmerica.com® and/or other BetAmerica products referenced herein include both registered or unregistered trademarks of BetAmerica and others. Nothing contained on the BetAmerica web site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the web site without the written permission of BetAmerica or such third party that may own the trademarks displayed on the web site. Your misuse of the BetAmerica trademarks displayed on the web site, or any other content on the web site, except as provided in these terms, is strictly prohibited. You are also advised that BetAmerica will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

NOTICE OF RESERVATION OF RIGHTS

BetAmerica reserves the right in its sole discretion to revoke any or all access and use authorizations granted to you. Your authorization to use the BetAmerica web site automatically terminates without notice if in BetAmerica's sole discretion you fail to comply with any of these terms of use. Upon termination, you must immediately destroy any downloaded or printed materials.

If any of the provisions of this agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect.

BetAmerica shall have the right, but not the obligation, to monitor the content of the web site, including chat rooms and bulletin boards, to determine the compliance with the terms of use and any other operating rules established by BetAmerica and to satisfy any law, regulation, or authorized government request.

Any rights not expressly granted herein are reserved.

NO WARRANTIES PROVIDED BY BETAMERICA.COM

ALL ACCOUNT HOLDERS EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) ACCOUNT HOLDERS ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. BETAMERICA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

(B) BETAMERICA PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BETAMERICA WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(C) BETAMERICA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE PROVIDED BY BetAmerica.com® NO ADVICE OR INFORMATION GIVEN BY BETAMERICA, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

(D) DISCLAIMER OF LIABILITY. BETAMERICA SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL BETAMERICA ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THAT RESULT IN ANY WAY, FROM ANY USE OF YOUR ACCOUNT, OR THE SERVICE, THE MAKING OF WAGERS THROUGH THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE, OR FROM YOUR RELIANCE ON, OR USE OF, INFORMATION PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. BETAMERICA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED AT BETAMERICA SHALL BE THE REPLACEMENT OF ANY BETAMERICA SOFTWARE FOUND TO BE DEFECTIVE.

NOTICE OF APPLICABLE LAW

BetAmerica is operated by Lien Games Racing LLC, in association with North Dakota Horse Park, Fargo, North Dakota, which is a licensed pari-mutuel service provider in the State of North Dakota. As such, the laws of the State of North Dakota will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our web site and these disclaimers, terms and conditions at any time, which changes shall become effective immediately upon posting on the web site.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such a case, in no event shall BetAmerica's total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing the web site.

NOTICE OF INDEMNIFICATION

You agree to defend, indemnify and hold harmless BetAmerica, its affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of BetAmerica.com products and services.

NOTICE OF UNLAWFUL OR PROHIBITED USE

All Account Holders hereby agree to use these Services in recognition of all applicable Federal, and State laws, statutes and regulations, any deviation of which is grounds for immediate Account closure and subject to civil and/or criminal liability.

In addition, any and all activity that BetAmerica may reasonable believe to be fraudulent, deceptive, or unlawful, shall be reported to the appropriate law enforcement authorities and prosecuted to the full extent of the law. Account Holder shall relinquish all rights to the proceeds resulting from the fraudulent, deceptive, or illegal activities, and all proceeds shall be retained by BetAmerica to pay for damages and losses resulting from such fraud, deceit, or illegal activity.

In addition, as a condition of your use of Services, you warrant to BetAmerica that you will not use the BetAmerica web sites for any purpose that is prohibited by these terms, conditions, and notices. You may not use the BetAmerica web site in any manner which could damage, disable, overburden, or impair the BetAmerica web site or interfere with any other party's use and enjoyment of the BetAmerica web site. Any conduct that in BetAmerica's discretion restricts or limits any other user's use or enjoyment of the web site will not be tolerated. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BetAmerica web site. Any material which is unlawful, threatening, defamatory, invasive of privacy or publicity rights, obscene or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, shall not be transmitted to the web site. You specifically acknowledge that BetAmerica is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

REMEDIES

If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines or practices, or otherwise have a dispute with BetAmerica, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.

TERMINATION OF AGREEMENT

Account Holder or BetAmerica may terminate or cancel this Agreement and the Service at any time. Account Holders understand and agree that the cancellation of this Agreement is your sole right and remedy with respect to any dispute with BetAmerica, Service, or any of its terms, conditions, rules, policies, guidelines or practices. Account Holders may cancel this Agreement and the Service with BetAmerica by delivering notice as provided below.

Termination of this Agreement does not release Account Holder from the obligation to pay all accrued charges under this Agreement. Any delinquent or unpaid Account with unresolved issues must be paid in full. Failure to resolve any unpaid debt will be forwarded to a collection agency, and may affect your credit rating.

NOTICE

You may terminate this Agreement and your BetAmerica Account by calling Customer Service or by emailing us at CS (at) BetAmerica.com.

All Accounts terminated shall take effect upon cancellation by Customer Service following receipt of your request. BetAmerica may terminate this Agreement and your BetAmerica Account, at any time, by providing notice of termination to you by any one of the following methods: electronic mail (email); general posting at BetAmerica's web site; or by US mail or courier service.

BetAmerica Rewards Program Terms and Conditions

The BetAmerica Rewards Program (the "Program") is provided by BetAmerica. Program members ("Members") automatically earn points ("Points") every time they place an Eligible Wager using their BetAmerica wagering account at the website BetAmerica.com (“Site”). An Eligible Wager is a wager placed by an active BetAmerica account holder in good standing on an official race at specified tracks. Points may be redeemed for cash rewards and, from time to time, for merchandise and services as specified at BetAmerica.com (collectively, "Rewards").

ELIGIBILITY

Active BetAmerica account holders in good standing residing in the following jurisdictions are automatically enrolled in the BetAmerica Rewards Program: Alabama, Arkansas, Arizona, Connecticut, Colorado, Delaware, District of Columbia, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming. Account holders residing in California and states other than those listed above are not eligible for membership in the Program.

Continued membership in the Program is subject to continued compliance in all respects with these Terms and Conditions as well as all of the terms and conditions applicable to the Member’s BetAmerica wagering account. Any violation by the Member of these Terms and Conditions or of the terms and conditions applicable to the Member’s BetAmerica wagering account as determined by BetAmerica in its sole discretion may result in cancellation of the Member’s Points and the ability to earn any Rewards.

EARNING POINTS

A. Points will accrue each time a Member places an Eligible Wager via the Site. In addition, from time to time special offers may provide additional opportunities to earn Points. Details will be provided when each such offer is presented.

B. Members will earn Points for each dollar in Eligible Wagers made at the Site, as posted at the Rewards Program screen at the Site. The number of Points awarded for a particular wager may vary depending upon the track, the type of wager, the Member’s location of residence and the Member’s current membership level at the time the wager is made.

C. The Rewards Program page of the Site will describe the Points available for each track offered by BetAmerica.

D. Points are credited to the Member’s account as soon as the race on which the Member has wagered is official and the track payouts are posted. Members may view their Points balances, as well as summaries of their Points histories, on the Reward Program screens on the Site.

REDEEMING POINTS

A. Members may redeem Points for Rewards via the online reward redemption portion of the Site. The number of Points required for a particular Reward shall be indicated on the Site.

B. Upon verification of a Member’s redemption request, BetAmerica will deduct the appropriate number of Points from the Member’s total Points earnings. Where Points are redeemed for cash rewards, such rewards shall be deposited into the Member’s wagering account. Use of cash rewards shall be subject to all of the terms and conditions applicable to wagering transactions with BetAmerica.

C. Other Reward items, including Merchandise Rewards, which may be offered by BetAmerica, in its sole discretion, from time to time, will be filled upon verification of the Member’s redemption request.

D. BetAmerica reserves the right to change, discontinue or replace any Rewards listed on its Site without notice. Reward orders may be subject to availability. Neither BetAmerica nor the Reward Provider makes any representations or warranties regarding, and shall not be responsible for, the delivery, price, availability, quality, performance, utility or any other attribute of any Reward ordered or purchased by a Member with Points. All Merchandise Rewards will be subject to the manufacturer's warranty.

E. Merchandise Rewards will generally be delivered by a commercial delivery service or the U.S. Postal Service within 4-6 weeks of redemption. A street address and daytime phone contact number are required to process a Merchandise Reward redemption. Shipments cannot be made to a post office box or outside the 48 continental United States.

F. All Rewards are final and cannot be returned, exchanged or cancelled

EXPIRATION AND INACTIVITY

Unredeemed Points shall expire without value no later than two (2) years after the date issued and may not be redeemed after that time.

DISCLAIMER AND LIMITATIONS

A. Neither BetAmerica nor its affiliated companies will be responsible for any loss, injury or damage of any kind incurred by a Member or anyone else in connection with a Member's participation in the Program or any Reward obtained by a Member in connection with Member's participation in the Program or redemption or use of Points issued in connection therewith.

B. THE PROGRAM IS OFFERED "AS IS" AND "AS AVAILABLE." BETAMERICA MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM AND BETAMERICA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PROGRAM, AND ANY REWARDS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BETAMERICA SHALL NOT BE LIABLE TO ANY MEMBER OR OTHER PERSON FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR CONNECTED WITH, THE PROGRAM AND ANY REWARDS, EVEN IF BETAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR NOT EFFECTIVE, MEMBER AGREES THAT THE TOTAL LIABILITY OF BETAMERICA SHALL IN NO CASE EXCEED $25.

PROGRAM MODIFICATION OR TERMINATION

BetAmerica reserves the right at any time, without notice, to add, remove and/or change or otherwise modify any feature of the Program, the Rewards and/or these Terms and Conditions. BetAmerica further reserves the right to terminate the Program at any time, without prior notice, restriction or penalty. In the event of such termination by BetAmerica, Members shall have a minimum of thirty (30) days from the date of notification of termination of the Program to redeem previously awarded Points in accordance with the provisions set forth in the Terms and Conditions.

MISCELLANEOUS

A. Points may not be assigned, sold or otherwise transferred by the Member, by operation of law or otherwise.

B. The Program, including without limitation the earning and redemption of Points, is subject to all applicable laws and regulations and is void where prohibited by law.

C. The accrual of Points and/or redemption of such Points for Rewards may subject a Member to income or other taxes. The Member is solely responsible for determining the extent of any tax liability for any federal, state or local taxes as may be applicable, and any disclosure related thereto or payment thereof.

D. By participating in the Program, Members consent to and authorize BetAmerica to share information about the Member in accordance with the terms of the BetAmerica Privacy Policy Statement (see Privacy Policy section below).

E. All interpretations of these Terms and Conditions, as well as questions or disputes regarding continued eligibility for the Program or the availability of or entitlement to any Points, shall be resolved by BetAmerica in its sole discretion.

F. These Terms and Conditions shall be construed in accordance with the laws of the State of North Dakota without reference to the conflicts of laws provisions thereof. These Terms and Conditions constitute the entire understanding between BetAmerica and Member with respect to the Program, and supersede any and all prior communications, whether written or oral, and all previous versions of terms and conditions applicable to the Program.

G. AS A CONDITION OF PARTICIPATING IN THE PROGRAM, MEMBER AGREES THAT ANY AND ALL CLAIMS, CAUSES OF ACTION OR DISPUTES ARISING OUT OF OR CONNECTED WITH THE PROGRAM, TO THE EXTENT THE SAME IS NOT WITHIN BETAMERICA'S SOLE DISCRETION AS PROVIDED FOR UNDER THESE TERMS AND CONDITIONS, SHALL BE RESOLVED EXCLUSIVELY BY PRIVATE BINDING ARBITRATION TO BE CONDUCTED BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASOCIATION IN THE CITY OF FARGO, NORTH DAKOTA.

H. While BetAmerica will use its best efforts to ensure accuracy of Program information, printing errors occasionally occur. BetAmerica reserves the right to correct such errors at any time even if such errors impact a pending Reward redemption.

BetAmerica Wager Cancellation Policy

No player shall have the right to cancel a wager after it is placed.

PRIVACY POLICY STATEMENT

BetAmerica respects the privacy of our Account Holders and the information they provide us, and is committed to protecting Account Holder information.

As a part of this commitment, BetAmerica agrees to diligently protect information submitted by BetAmerica Account Holders, including Social Security numbers, Credit and Debit Card information, and banking information, from all entities foreign to BetAmerica. In addition, BetAmerica stipulates to secure all Social Security numbers, Credit and Debit Card information, and banking information from co-marketing arrangements.

Information submitted by BetAmerica Account Holders, including residence address, e-mail, phone number, and the like, are retained and used by BetAmerica to protect and administer Account Holder accounts, help design and improve BetAmerica' products and services, and in any other fashion deemed reasonably appropriate by BetAmerica.

BetAmerica collects the domain name, IP address, and e-mail address of visitors to its web site, the e-mail addresses of those who post messages on the BetAmerica bulletin board, the e-mail addresses of those who communicate with BetAmerica via e-mail, the e-mail addresses of those who make postings to BetAmerica's chat areas, aggregate information on what pages BetAmerica's consumers access or visit, user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations. The information BetAmerica collects is the exclusive property of BetAmerica and may be used in any fashion deemed reasonably appropriate by BetAmerica.

Account holders are advised that in the event of an investigation by state or federal authorities or track or regulatory inquiry, the account holder waives any and all rights to account holder information and data in BetAmerica's possession, and account holder specifically authorizes BetAmerica to disclose said data and personal and wagering information, and Account Holder releases BetAmerica of all liability in this regard to the full extent possible by law.

For site security purposes, and to ensure the BetAmerica service remains available to all Account Holders, all network traffic is monitored in order to identify unauthorized use attempts to upload or change information, or otherwise cause damage or conduct criminal activity. Unauthorized attempts to upload or change information, or otherwise cause damage to this service, are strictly prohibited and shall be punishable under applicable federal law.