Last Updated: February 11, 2017
YOU ARE FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT, AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT EXCEPT AS MAY BE EXPRESSLY AUTHORIZED BY B SPOT.
You agree to notify b Spot immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence of such compromise or breach as requested by b Spot. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that b Spot will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.
Returned Items. You acknowledge that b Spot (or b Spot’s payment processing vendor for ACH transactions) may charge you a returned item fee of twenty five dollars ($25.00) or such higher amount as determined by b Spot’s payment processing vendor for ACH transactions (the “Returned Item Fee”) if your bank account has insufficient funds to cover any transaction initiated by you to deposit funds into your Account. You authorize b Spot (or b Spot’s payment processing vendor for ACH transactions) to collect the Returned Item Fee from other forms of payment you have previously used to make deposits into your Account. Additionally, you understand and agree that b Spot reserves the right to suspend your Account until such time as you have paid all Returned Item Fees to b Spot or b Spot’s payment processing vendor for ACH transactions.
Credit Card Transactions. The Service may allow you to fund your Account by making a deposit via a credit card. In such event, please be aware that your credit card issuer may consider such a deposit to be a cash advance transaction that subjects you to additional costs and/or fees under your agreement with your credit card issuer. b Spot is not liable for any fees or costs imposed on you by your credit card issuer.
Other Funding Instruments or Mechanisms. The Service may allow you to fund your Account by making a deposit via other funding instruments or mechanisms, such as Dwolla, PayNearMe, Vanilla Card, and/or other similar funding instruments (collectively an “Other Funding Mechanism”). Your use of an Other Funding Mechanism will be governed by the terms and conditions imposed by the applicable Other Funding Mechanism and nothing herein shall modify, amend, or supersede your agreement with the applicable Other Funding Mechanism.
b Spot reserves the right, at its sole discretion, to terminate and close an Account for any reason whatsoever and without explanation. In the event an Account is terminated and closed, b Spot shall return to you the balance of any funds in your Account at the time of termination and closure, together with a closing Account statement.
You may use your b Spot Account to place wagers through our traditional ADW interface, “b Racing,” where you specify the amount and type of wager, along with the relevant horse(s) and race(s). You may also use your b Spot Account to place wagers through our b Spot Games interface, where you specify the amount of your wager, but request that b Spot generate the remaining wager details for you to confirm. Results of wagers placed through the b Spot Games interface are revealed to you by playing free on-line games offered by b Spot. The specific terms applicable to wagering via our b Spot Games interface are outlined in Section 4.2 below.
You understand that all wagers placed from your b Spot Account will be combined and merged with all other wagers in commingled pools at the host racetrack conducting the race and are subject to host track rules and restrictions. All wagers placed will be in U.S. dollars and the maximum wagering amount is Five Hundred Dollars ($500.00) per transaction. In the case of multiple wagers such as a daily double or an exacta box, the base wager is multiplied by the number of combinations to determine the amount of the total wager. Wagers will only be accepted in amounts that do not exceed the current balance of a User’s wagering account. All approved wagers will be withdrawn from a User’s Account prior to submission of the wager. b Spot reserves the right to refuse any wagering transaction for any reason.
b Spot does not allow for the cancellation of any wagers once the wagers have been confirmed in accordance with the Service’s confirmation process.
By placing a wager through b Spot, you agree to the recording of all Account transactions including any calls made to b Spot business or customer service offices.
You understand and agree that in order for you to place wagers on b Spot, we may need to determine your location in order to ensure that you are wagering from within a jurisdiction where the Service is offered by b Spot. You hereby authorize b Spot and any relevant hardware manufacturers and associated vendors to verify your location coordinate data to confirm that you are present in a state in which b Spot is legally authorized to conduct advance deposit wagering operations. If you have disabled the location services settings or functionality on your mobile device, b Spot may not be able to verify your location and in such event b Spot reserves the right to prevent you from using the Service. If b Spot cannot confirm your physical presence in a jurisdiction in which b Spot is legally authorized to conduct advance deposit wagering operations, b Spot cannot allow you to wager via the Service. If you are a resident of a state in which b Spot is legally authorized to conduct advance deposit wagering operations but you are physically present in a state in which b Spot is not legally authorized to conduct advance deposit wagering operations at the time you attempt to place a wager via the Service, b Spot cannot allow you to place the wager via the Service. You may resume wagering via the Service when you are physically present in a state in which b Spot is legally authorized to conduct advance deposit wagering operations.
By placing wagers, you thereby confirm your awareness that many states and localities have laws, codes, and regulations (“Laws”) governing, regulating, or prohibiting the offering of gaming services, both over the Internet and otherwise. Further, you acknowledge and agree that your placement of a wager via the Service is in compliance with all applicable Laws. You should contact applicable gaming regulators for additional information.
Before you may place wagers through the b Spot Games interface, you must carefully read, understand, and agree to the following additional terms. If you do not fully understand and agree to any of the following terms, you should not wager via the b Spot Games interface and should instead place your wager via b Spot’s traditional wagering interface (known as b Racing and accessible via the b Racing tab on the Website).
By placing wagers through the b Spot Games interface, you authorize b Spot to use its proprietary algorithm to generate a mix of wagers on your behalf, the aggregate dollar value of which will total the amount you have chosen to wager (“Wagering Mix”).
The Wagering Mix may consist of one or more of the following types of wagers: Win, Place, Show, Win-Place-Show, Exacta, Quinella, Trifecta, Superfecta, Daily Double, Pick 3, Pick 6, or such other wager types or categories that may be available in the applicable jurisdiction. The wagers will be identified for wagering pools on an upcoming scheduled race(s) to be run at a b Spot partner racetrack for which the identified wagering pools are available.
You understand and acknowledge that the Wagering Mix generated by b Spot is provided solely as a mechanism to streamline the wagering process for individuals who seek a simpler method of wagering, and is not intended to handicap or provide higher probability of winning more money as compared to any other method of selecting wagers. You understand and agree that, as with any wagering activity, you may lose up to the entire amount wagered when using our Service.
Once the Wagering Mix has been generated, you can review the full wager details of each wager in the proposed Wagering Mix by clicking on the “Wager Details” link, prior to confirming the wagers. If you wish to change the Wagering Mix, you may do so by pressing the “reshuffle” button to generate a new set of wagers. You understand and acknowledge that by pressing the “confirm” button, you are agreeing to and adopting the wagers identified in the Wagering Mix, and instructing b Spot to place those wagers for you. You must confirm before any wagers will be placed. Once you confirm, your wagers are placed and cannot be cancelled or modified.
If for any reason, technical or otherwise, b Spot is unable to place one or more of the wagers in the Wagering Mix after you have confirmed the wagers, you will be given the option to authorize b Spot to place another wager on an upcoming race in the same amount and similar pool type as the wager(s) which was unavailable, or, alternatively, you may direct b Spot to return the amount of the unavailable wager to your Account.
You understand and acknowledge that the winnings or losses that are revealed to you through playing the b Spot Games interface are determined solely by the results of the pari-mutuel wagers that were placed. The level of skill you exercise in playing the games or other game mechanics have no bearing on and do not in any way affect the total amount of money you win or lose. The games are merely an entertaining mechanism to display the results of your completed wagers.
By choosing to place wagers on the b Spot Games interface, you authorize b Spot to reveal the results of your wagers to you at such time and in such manner as b Spot determines, in its sole discretion, to be most entertaining to you in conjunction with your game play. Once a User completes the chosen game(s) and has elected to reveal the full dollar amount of the actual wager, the total winnings for the User’s wagers, if any, will be fully revealed to the User.
You understand and agree that although the proceeds from successful wagers will be deposited into your Account as soon as each race is posted official and winning payouts are available from the host racetrack, when you elect to use the b Spot Games interface the amounts you have won will only be displayed in your b Spot Account balance after such amounts have been revealed to you in the mobile games you have elected to play via the b Spot Games interface.
You understand, however, that at any point in time, you can opt to forego revealing the results of your wagers through game play by using the “Play All” function. The Play All will instantly display to you and reflect in your Account balance the entire results of all your wagers.
You understand that a full and detailed history of all your wagers and ticket serial numbers are available to you for your review and audit at your convenience in your Account Details page accessible via the Website.
Certain sections of the Website may display the “biggest jackpot” in the last 30 days for the wagering denominations (e.g., $10, $20, $30, $40, etc.) made available via the Service. The Wagering Mix for each wager denomination consists of a combination of low risk/low payout and high risk/high payout wagers. We refer to the highest payout wager in a given wager denomination as the “jackpot” for that wager denomination. For example, the highest payout wager in the $10 wager denomination is an exacta wager, which requires you to pick correctly the first two (2) finishers in a horse race in exact order.
As an advance deposit wagering operator, we receive pari-mutuel wagering pool data from a 3rd party totalizator service, which includes pool payout data. We review the payout data for pari-mutuel wagering pools with respect to horse races on which we are allowed to place wagers on behalf of our players.
Calculation Methodology. To determine the biggest payouts for the prior 30 racing days, we follow the following process:
Things to Remember.
We display the biggest jackpot payouts over the prior 30 racing days for each wager denomination as a benefit to our players. Please remember, however, that these are the biggest jackpots from previous horse races that already occurred and are not intended to be predictions or guarantees of payouts for your wager or for future horse races. The amount of the biggest jackpot over the prior 30 racing days fluctuates based on a number of factors, including the size of the pari-mutuel wagering pool, the number of winning wagers in the pool, and the denomination/amount of the winning wagers. Additionally, payouts for particular horse racing pools may be impacted by the rules of the track holding the race, including the rules relating to dead heats, scratches, consolation prizes etc.
It is important to remember that individual wager results will vary.
Some major horse races such as the Kentucky Derby, Preakness Stakes, Belmont Stakes, Breeders Cup, and others have unusually large wagering pools. When we display the biggest jackpot numbers after these major horse races have occurred, these displayed biggest jackpot numbers may not be representative of the payouts that you can achieve when you place a wager through our Service.
In a small percentage of cases, a $10 wager denomination placed through our Service will not include a high payout wager (i.e., an exacta wager) because such type of wager was not available at the time the wager was processed. In these limited cases, the $10 wager denomination will not have a “jackpot” component as a result of the unavailability of the exacta wager.
By law, any individual wager which results in proceeds of six hundred dollars ($600.00) or more must be reported to the Internal Revenue Service (IRS) if the amount of winnings is at least 300 times the original amount wagered. Additionally, any individual wager or series of identical wagers, which results in proceeds of more than five thousand dollars ($5,000.00) if the amount of winnings is at least 300 times the original amount wagered, is subject to reporting and withholding. Additionally, residents of Massachusetts are subject to state withholding of 5% on winnings of $600 or greater notwithstanding that higher dollar thresholds for federal withholding may be provided. If a User Account is subject to IRS reporting and/or withholding requirements, GPN will send a Form W2-G summarizing information for tax purposes. Upon written request, b Spot will provide a User with summarized tax information on the User’s wagering activities. Pursuant to these reporting requirements, you agree to indemnify and hold harmless b Spot for any claims, demands, liens or judgments based on non-payment or underpayment of such taxes. You hereby grant to b Spot a priority lien and security interest in all of your right, title and interest in and to the proceeds of any wager to the extent required to satisfy any taxing authority claims or liens. You agree to file any financing statements or other appropriate document with the relevant governmental authorities to assure the validity, priority and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any wager to any third party without the prior written consent of GPN.
Requests for withdrawals can be made online at bspot.com, by mail to Player Services, 14725 SW Millikan Way, Beaverton OR 97006 or by emailing firstname.lastname@example.org . Withdrawal requests by mail will be processed within five business days and paid by check in the registered name of the Account Holder and mailed to the verified residence address of the Account Holder. Withdrawals requested online or by email will be processed immediately and paid either by check in the registered name of the Account Holder and mailed to the verified residence address of the Account Holder, or by alternate means as agreed upon by b Spot and the Account Holder. You understand and agree that, if you fund your Account through a particular Funding Source (as defined in Section 3.3 above), all withdrawals from your Account and all return of funds to you by b Spot shall be made via the same Funding Source that you used to fund your Account. If you would like funds returned to you via check, you may contact a b Spot player services agent and b Spot in its discretion may return funds to you via check.
Users may access their account statement or request a copy by mail or email at email@example.com . Account statements will only be delivered to the verified residence address or email address on file. b Spot maintains account history for a period of 18 months. Additionally, you may review a detailed history of all your wagers and ticket serial numbers at your convenience in your Account Details page accessible via the Website.
The Website and/or the Service made available via the Website contains, displays, and/or otherwise makes available certain software, illustrations, documentation, information, music, pictures, images, text, photographs, animations, three-dimensional models, videos, audio, content, and other digital material and assets (collectively the “Content”).
All Content is protected by both United States law as well as the laws of various international jurisdictions, including, but not limited to copyright law, trademark law, patent law, trade secret law and various governmental treaties. b Spot (or its’ applicable licensors) owns all right, title, and interest in and to the Content. You acknowledge and agree that, except for the express and limited license rights granted by b Spot to you hereunder, b Spot reserves any and all of its rights in and to the Content. Nothing herein is intended to transfer or assign to you any ownership or beneficial rights in and to the Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
b Spot hereby grants you a non-exclusive, non-transferable, limited right license to access, use and display the Service specifically for personal, non-commercial use only. This license is fully and completely revocable at any time by b Spot, with or without notice and for any or no reason. b Spot makes no warranty as to legality, suitability, or use of the Service and limited license granted herein and you acknowledge, agree, and otherwise consent that b Spot shall have no liability arising from or in connection with your use of the Service.
By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Service in any way inconsistent with the rights of use provided by the license herein; (ii) remove or obscure any patent, copyright, trademark, or other proprietary rights notices relating to the intellectual property or other property of b Spot or its licensors; (iii) attempt to access source or object code of the Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) attempt to disable any digital rights management or copy protection aspects of the Service, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Service; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial, without the express written permission of b Spot; or (viii) interrupt or attempt to interrupt the operation of the Service in any way. To the extent that you fail to comply with the prohibitions listed above, you agree, without any further compensation or remuneration to assign, give or otherwise transfer all concepts and ideas, and all materials, products, related modifications thereto and any independent intellectual property rights developed or prepared by or for you in connection with the Service including without limitation all text, images, music, audio, video and other information, website frames, and all HTML, Java, flash or other code relating thereto, as the exclusive property of b Spot, and all right, title and interest thereto shall vest in b Spot and they shall be deemed to be a “work made for hire” and made in the course of services rendered hereunder. To the extent that title to any such works may not, by operation of law, vest in b Spot or such works may not be considered works made for hire, all right, title and interest therein are hereby irrevocably assigned by you to b Spot. All elements shall belong exclusively to b Spot with b Spot having the right to obtain and hold in its own name all copyright, patent, and trademark registrations, and such other protections as may be appropriate to the subject matter, and any applications, extensions, continuations and renewals thereof and all merchandising rights therein. Moreover, you agree to give b Spot and any person designated by it, any reasonable assistance required to perfect the rights defined in this section.
The Website and/or the Service made available via the Website may allow you to upload, submit, or post photographs, pictures, videos, testimonials, digital files or assets, and similar content in connection with your use of the Service (collectively “User Generated Content”). You acknowledge and agree that you will not upload or otherwise transmit in or through the Service any User Generated Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity. b Spot does not endorse and has no control over any User Generated Content submitted by a User. b Spot cannot guarantee the authenticity of any data which Users may provide about themselves.
To the extent you submit any User Generated Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) the following license rights with respect to the User Generated Content you upload or submit:
a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, transferable, and non-exclusive right and license to b Spot to use, reproduce, distribute, and make derivative works of any of your User Generated Content as b Spot may deem necessary or desirable for any purpose whatsoever, including without limitation the marketing, promotion, operation, enhancement, and/or monetization of the Service and without any obligation to secure your approval with respect to b Spot’s intended use of your User Generated Content;
a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, transferable, and non-exclusive right and license to b Spot to use, reproduce, and distribute your name and/or likeness to the extent that your name and/or likeness are depicted or revealed in any of your User Generated Content in connection with b Spot’s marketing, promotion, or operation of the Service and without any obligation to secure your approval with respect to b Spot’s intended use of your name and/or likeness;
the perpetual and irrevocable right to b Spot to delete any or all of your User Generated Content from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party; and
a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to each User of the Service to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content solely for personal, non-commercial use.
The Website and/or the Service made available via the Website contains, displays, and/or otherwise depicts certain trademarks, service marks, logos, and/or other indicia of origin (collectively “Trademarks”) owned by b Spot or b Spot’s partners and vendors. You shall not and cannot use, reproduce, or otherwise exploit any Trademarks or any similar derivations of any Trademarks.
The Service is only provided and available to Users opting to pay the applicable fees and charges. These fees and charges are described on the Website and you agree to the applicable pricing, payment and billing policies. In order to create a pari-mutuel advance deposit wagering account, a User must make a deposit into their Account using a legally approved method for funding. When a deposit has been cleared by the approved funding source, the available Account balance is updated and the User is authorized to use the Service to place wagers. You are responsible for the payment of all applicable sales, use, gaming or other taxes for the Service, or wagers purchased or placed. Unless otherwise indicated, all prices are in US Dollars and do not include charges for telecommunications services, computer hardware, and equipment. You agree that to the extent that you provide b Spot payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true, and accurate. b Spot reserves the right, at our sole discretion, to refer any dishonored financial instruments to collection agencies, check registries and credit reporting agencies and to collect any fees or charges incurred due to dishonored financial instruments and expenses, incurred as a result of our collection efforts, from the responsible accountholder. b Spot retains the rights to add new features for additional fees and charges, or proactively amend fees and charges for existing features, at any time in its sole discretion. At any time following activation of your User Account, you may access your account information to determine whether it is current and accurate, and, if not, make any necessary and relevant additions, changes or corrections. Account deposits will be made available for Your use in accordance with normal financial industry availability standards. Your account balance bears no interest and Account deposits may be subject to deposit fee charges. Users can check account balances through the Service. Withdrawal requests will be processed within five business days after receipt. The availability of withdrawn funds is subject to standard banking restrictions.
b Spot reserves the right to deactivate your Account if there is no wagering activity for six (6) consecutive months or, in the event that an inactive Account has funds on deposit, to assess a minimal account maintenance service charge of no more than two dollars ($2.00) per month, until the account is no longer inactive or the balance reaches zero and the Account is closed, whichever occurs first. In the event the balance of any funds in your Account at the time of termination and closure is less than two dollars ($2.00), the balance will not be credited to you and will be retained by b Spot as an Account termination processing fee.
B SPOT RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY ASPECT OR FEATURE OF THE SERVICE AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT B SPOT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. If a User moves to a state where wagering services are not available, b Spot shall be required to terminate the Account and return all remaining funds. In the event an Account is terminated, b Spot shall return to you the balance of any funds in your account at the time of termination.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by b Spot in its sole discretion.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the Service or any other files that contain malicious code or that may in any way damage or interfere with the operation of the Service, other Users’ access to the Service and/or other Users’ computers.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
Collect in any manner information regarding any User, impersonate another User or create a false identity, including but not limited to identities falsely indicating that you are another User, a celebrity or other well known person, or a b Spot representative.
Violate any applicable laws or regulations, or promote or encourage any illegal activity.
The Service is controlled and operated by b Spot from its offices within the United States. b Spot makes no representation that the Service is appropriate, legal or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree not to use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. Without limited the foregoing, the Service may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries (currently Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Service, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
The Service may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by b Spot and b Spot is not responsible for the information on the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. b Spot provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by b Spot of any Linked Site.
Certain information available through the Service, including but not limited to wagering and race information, may have been provided by independent third party information suppliers. b Spot is not responsible for the accuracy, currency or reliability of such information, and the inclusion of such information in the Service shall not be deemed an endorsement or recommendation of any third party or constitute any representation as to a third party’s qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will b Spot be liable for any loss or damage caused by your reliance on such third party information.
To the maximum extent allowed by law, neither b Spot nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “BSPOT Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Service. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. B SPOT PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT B SPOT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. B SPOT ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY OTHER LOSS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY B SPOT, BY THIRD PARTIES, OR BY YOU OR OTHER USERS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE BSPOT PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE OR BY USE OF THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH B SPOT IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL ANY LIABILITY OF THE B SPOT PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO B SPOT OR ITS DESIGNEES FOR THE APPLICABLE TRANSACTION GIVING RISE TO ANY SUCH LIABILITY OR $500.00, WHICHEVER IS LOWER. IN NO CASE SHALL THE BSPOT PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR INTERACTIONS WITH B SPOT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF B SPOT AND THE BSPOT PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The parties agree that any arbitration shall be limited to the Dispute between you and b Spot individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
To the extent not covered by the Dispute Resolution provisions above, any disputes between you and b Spot shall be subject to the exclusive jurisdiction and venue of the courts located in the State of Oregon, and shall be governed by, and will be construed under, the law of the United States of America and the law of the State of Oregon, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
Contact You may contact b Spot at the following address:b Spot