General Terms of Service

IMPORTANT   -   PLEASE   READ   THESE   TERMS   OF   SERVICE   CAREFULLY   BEFORE   ACCEPTING   THEAGREEMENTS (AS DEFINED BELOW), THEN PRINT THESE TERMS OF SERVICE AND STORE THEM ALONGWITH   ALL   CONFIRMATION   EMAILS,   ADDITIONAL   TERMS,   TRANSACTION   DATA,   GAME   RULES   ANDPAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES (AS EACH SUCHTERM IS DEFINED BELOW). WE WILL NOT RETAIN OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUTFOR YOUR RECORDS. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME (AS SET OUTBELOW). BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ ANDACCEPT   THE   AGREEMENTS   WITHOUT   MODIFICATION.   IF   YOU   DO   NOT   ACCEPT   THE   AGREEMENTSWITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS OF SERVICE AND DO NOT ACCESS OR USETHE SERVICES (AS DEFINED BELOW). IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENTS, PLEASESEEK   INDEPENDENT   LEGAL   COUNSEL   BEFORE   AGREEING   TO   THESE   TERMS   OF   SERVICE   ORACCESSING OR USING THE SERVICES.You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using the Services (as that termis hereinafter defined). After You (as that term is hereinafter defined) click on 'Submit' or 'I Agree' or when You usethe Services, a legally binding agreement on these terms and conditions is entered into between (a) You, the enduser ('You' or ‘Your’ as applicable) and (b) American Wagering Inc.. d/b/a William Hill Sports Book, located at 401Main St., Black Hawk, CO 80422 USA (‘William Hill’, 'We', 'Us' or 'Our' as appropriate).These Agreements govern the use of the Services in Colorado. These Agreements are separate and distinct from thepolicies that govern the online gaming services offered by Us, or our affiliates, in other jurisdictions.The Services currently operate under William Hill is an applicant for a Supplier license and is authorized to conductInternet Gaming and Sports Wagering in the State of Colorado.These Agreements apply to William Hill's (1) Colorado online gaming websites:https://www.williamhill.com/us/co/and(2) the Colorado online mobile gaming apps:https://www.williamhill.com/us/co/, and (3) any other online or mobileplatform (including William Hill kiosks located at participating locations) provided by Us (each individual site being a'Platform' and together the ‘Platforms’) on which You access Our betting, gaming and wagering services (‘Services').In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services orany other activity performed by Us, You should in the first instance contact Us in accordance with Section 28 below.TheseTerms of Service together with thePrivacy Policy, theFrequently Asked Questions,Standard PromotionalTerms and Conditions, theThird-Party Content Policy, William Hill Sports Rewards Club (“Rewards Program”) Termsand Conditions, and any other additional rules and terms published on the Platform or otherwise notified to You thatspecifically relate to and govern any particular event, game, software, and/or promotion constitute a legally bindingagreement between You and Us ('Agreements'). You should read all of these documents carefully as each one formspart of the legally binding agreement between You and Us. By clicking on 'Submit' or 'I Agree' and accepting theseTerms of Service, or by using the Services, You are also acknowledging and accepting these Agreements. Access toand use of the Services is governed by these Agreements.Additional and general rules for a specific casino game(s) may be found in the information section of that specificcasino game(s).Casino games are additionally subject to all other terms and conditions contained in this agreement.Please note that these Terms of Service shall prevail in the event of any conflict between these Terms of Service andany of the game rules or other documents referred to in these Terms of Service.Your attention is drawn to Our Privacy Policy which describes how We deal with and protect Your personalinformation. By accepting these Terms of Service, You are also acknowledging and accepting the Privacy Policy. Inthe event of any conflict between the Agreements and the Privacy Policy, the Privacy Policy shall control.1. APPLICABILITY OF AGREEMENTS.By using the Services and/or by acknowledging that You have read theseAgreements when You register to join and/or by clicking on the 'Submit' or 'I Agree' button when You install any of thesoftware relating to the Services provided via the Platforms or when You register for Your Account, You agree tocomply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may resultin disqualification, the closure of Your Account (hereafter as defined in Section 19 and Section 20 below), forfeiture offunds and/or legal action against You, as appropriate and as further specified in these Agreements. You acknowledgethat if You accept these Agreements, We will start providing You with the benefit of the Services immediately. As aconsequence of this, if You accept these Agreements when registering for the Services, You will not be able to cancelYour registration later, although You can terminate these Agreements and close Your Account in accordance withSection 20 below.2. LEGALITIES OF USE
2.1You may only use the Services if You are 21 years of age or over and it is legal for You to do so according to thelaws of Colorado. You confirm that You are not accessing the Services from a state or foreign jurisdiction outside ofColorado at the time of placing a sports bet or casino bet or participating in a game. You understand and accept thatWe are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure thatat all times You comply with the laws that govern You and that You have the complete legal right to use the Services.You acknowledge that underage gambling is illegal, and that it is a criminal offense to allow a person who is underthe age of 21 to participate in Internet or mobile wagering on Sports Betting or Casino Games. Any use of theServices is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find theServices to be offensive, objectionable, unfair, or indecent in any way.2.2Federal Law prohibits and restricts wagering on the Internet (including, but not limited to, such prohibitions andrestrictions set out in 18 U.S.C. §§ 1084 et seq. (‘The Wire Act’) and 31 U.S.C. §§ 5361 through 5367 (‘UIGEA)). It isa Federal offense for persons physically located outside of Colorado to engage in Internet wagering through aColorado casino.3. ACCOUNT/REGISTRATION3.1To use the Services, You will first need to register for an account with Us. You may access any of the Servicesfrom Your Account (as defined below). You are prohibited from allowing any other person to access or use YourAccount.3.2You can open an account with Us by choosing a unique account name and password and entering otherinformation that We ask for on Our registration form such as (but not limited to) Your first and last name, socialsecurity number, physical address, email, gender, birth date and telephone number (an 'Account').3.3You shall ensure that the details provided at registration are accurate and kept up to date. You can change thedetails You provide at registration at any time by contacting Customer Support. Please see Our Privacy Policy forfurther   details   regarding   what  information   we   collect,   and  how   that   information   is  used,   shared   and  stored.Alternatively, You can contact Us for further information.3.4There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by anygovernment agency. All payments to and from Your Account must be paid in U.S. dollars and shall not bear interestand You shall ensure that all payments into Your Account are from a payment source for which You are the namedaccount holder.3.5Use of certain Services may require You to be a member of the Rewards Program established by Us or ouraffiliate and such membership may impact Your ability to access, claim and/or use certain benefits associated withthe Services. Your participation in Our Rewards Program is subject to the program’s terms and conditions and to theterms of the William Hill privacy policy available at available athttps://www.williamhill.com/us/co/or other locationswhere it is posted.3.6To place a sports bet or casino bet, You will be required to have a balance in Your Account by any of thefollowing methods : (i) a deposit account; (ii) a credit or debit card, which has been registered and verified pursuant tothe requirements of the issuer; (iii); a reloadable prepaid card, which has been verified as being issued to You and isnon-transferable; (iv) winnings during a gaming session; (v) adjustments made by the licensee with documentednotification to You; (vi) any other means approved by the Colorado Limited Gaming Control Commission.Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or Our agents. Minimum andmaximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the methodof deposit, and other factors as determined solely by Us. For further details of current deposit and cash out optionsand fees, please see Cashier, contact Us atsupport-co@williamhill.usor at (855) 754-1200 or access Your account.Except for such lower limits as may be set forth in the specific terms applicable to certain products, You agree thatYou may not engage in transactions amounting to more than $10,000 per day (taking into account both deposits andwithdrawals from Your account), which applies to both electronic transfers and transfers conducted through the cagein person. In the event that You violate this provision, We may suspend or terminate Your account (in Our sole andabsolute discretion) and may refund or refuse to refund any monies contained in Your account in Our sole andabsolute discretion.3.7You can request withdrawals from Your Account at any time provided all payments made have been received.We reserve the right to pay any requested withdrawal partly or in total via the same method of payment and in thesame currency with which deposits were made. When using credit/debit card to make a deposit, We may elect not toaccept any withdrawal request within fourteen (14) days after the deposit. You will not be able to withdraw bonuswagers as per Section 9 of these Terms of Service.
3.8To use certain Services, You may first need to download and install software as provided on the relevantPlatform.3.9Account statements are available to You, which detail Your account activity.4. IDENTIFICATION AND YOUR ACCOUNT.The name on Your Account must match Your true and legal name andidentity and the name on Your Account registration must match the name on the credit card(s) or other paymentaccounts used to deposit or receive monies into Your Account. To verify Your identity, We reserve the right to requestsatisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any paymentcards used), a photograph or picture of You holding up your valid passport/identity card and satisfactory proof ofaddress (including but not limited to a recent utility bill or bank statement) at any time. You consent to have Your ageand identity verified by Us, and You acknowledge verifications associated with Internet or mobile gaming may resultin a negative impact on Your credit report. You may not hold more than one (1) Account in connection with Your useof any Platform. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We havereasonable grounds to believe that multiple Accounts have been opened with the intention to defraud Us, We reservethe right to cancel any transaction related to said fraud attempt. If You have lost Your Account name or password,please contact Us for a replacement.5. PERSONS PROHIBITED FROM ESTABLISHING AN ACCOUNT.The following persons (each an 'UnauthorizedPerson') are not permitted to establish an Internet or mobile gaming account, or to use directly or indirectly any of theServices other than as required in the course of their employment: (i) any person prohibited from gaming pursuant toapplicable Colorado law and regulations, including but not limited to those casino key employees and casinoemployees prohibited from wagering in any casino, sports pool or simulcasting facility in the State, (ii) an employee ofa supplier or vendor of William Hill or Our affiliates (William Hill and its affiliates are collectively referred to as the‘Group’), (iii) any individuals who have been banned from gaming activities at any William Hill location, subsidiary oraffiliate, or who have been prohibited from gaming pursuant to any applicable laws, including individuals who havebeen “self-limited” or listed on any self-exclusion, disassociated persons, or similar list in Colorado or any state, (iv)“prohibited persons” that are government officials or residents of certain embargoed countries and/or whose namesare included on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department ofCommerce Denied Person’s List or Entity List or successor or similar lists, and (v) persons who are under the age of21. You may not attempt to create an Account if you are an Unauthorized Person or assist other UnauthorizedPersons to use the Services.I acknowledge that a prohibited sports pool participant, including an owner, athlete, coach, referee, manager, handler,or athletic or horse trainer, or any other person identified in applicable Colorado law and regulations, shall not bepermitted to wager on any event governed by the league or sports governing body with which they are affiliated. Anyother employee of a sports governing body, or one of its member teams, who is not a prohibited sports poolparticipant, shall register with the Division prior to placing a sports pool wager.6. USE OF THE SERVICES6.1In the interests of ensuring fairness, We may take any measures as we deem appropriate in order to create a fairand balanced online environment.6.2We reserve the right to suspend, modify, remove and/or add to any of the Services (collectively, a ‘Change’) inOur sole discretion with immediate effect and without notice, so long as such Change does not affect pending play onthe Services. We will not be liable for any such action.6.3We forbid the use of all unfair practices when using the Services. We do this to protect Our customers and theintegrity of the Services. Please read Our Unfair Advantage Policy which is incorporated in these Agreements forfurther details and Our Anti-Cheating Policy at section 34.3. If any customer is found to be participating in any form ofcollusion or other activities that We consider to constitute cheating his or her account may be permanently closed andany balance may be at risk of forfeiture or withholding as per Section 19 of these Terms of Service.6.4We forbid the posting of any prohibited Third-Party Content (as that term is hereinafter defined) on Our Platforms.Please read Our Third-Party Content Policy which is incorporated in these Agreements for further details.6.5We reserve the right to suspend Your use of certain of the Services, Platforms, games or any wagers on ourPlatforms from time to time for any reason or no reason.6.6No communications or information published on the Services is intended to constitute legal or tax advice and weaccept no liability for any reliance on such content.6.7For the purpose of any reference to time in connection with Your use of the Services, We use the Mountain TimeZone unless otherwise specified.
6.8Your use of the Services (including, for the avoidance of doubt, any intellectual property and/ or services We maylicense from third parties from time to time which forms part of the Services) is for Your personal, entertainment useon a single computer only. You may not use the Services, or any intellectual property contained therein for anycommercial purpose.6.9By accessing our Platforms, or using, or attempting to use, our Software or the Services, You represent andwarrant to Us that: (i) you are 21 years of age or older; (ii) you are a legal resident of the United States, (iii) you arephysically located in the state of Colorado while wagering; (iv) all details provided by You to Us to setup Your Accountor otherwise participate in the Services are true, current, correct and complete; and (v) You consent to the monitoringand recording by Us and/or the Gaming Control Board of any wagering communications and geographic locationinformation.6.10In order to use the Colorado wagering feature of the Services, you must be physically located in the State ofColorado at the time of use. We may, at any time before or after you begin using the Services, require you to verifyyour identity, age, or physical location in person at a participating William Hill or through other means, and we mayterminate your access to the Services if you fail to do so.7. COPYRIGHT AND TRADEMARKS.The terms William Hill or William Hill Sports Rewards Club, and any othermarks used by Us are the trademarks, service marks and/or trade names of the Group, one of its subsidiaries orassociated companies, and/or its licensors. Further, all other material used by Us, including but not limited to thesoftware, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectualproperty rights in and to any of the same) is owned by Us, the Group, one of its subsidiaries or associated groupcompanies, and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain norights in such copyright material or trade or service marks and must not use them without the Group's writtenpermission.8. ELECTRONIC PAYMENT SERVICE PROVIDERS.In order to use the Services, You will be required to sendmoney to and may be required to receive money from Us. We may use third-party electronic payment processorsand/or   financial  institutions  ('ESPs')   to  process  such  financial  transactions.   You  irrevocably  authorize   Us,  asnecessary,  to instruct such ESPs to handle  Account deposits and withdrawals  from Your Account and Youirrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submittedusing the relevant feature on Our Platforms. You irrevocably authorize Us to provide ESPs with Your personal andfinancial information for the sole purpose of processing a deposit or withdrawal transaction. You agree to be bound bythe terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and theESP's terms and conditions, then these Agreements shall prevail.In the event We use such ESPs and/or financial institutions to process payments made by and to You, or otherwiseaccept Your use of any particular payment method, in connection with Your use of the Services, We shall have noresponsibility for the acts or omissions of the third party providing such payment processing or payment method priorto Our receipt of funds or after We initiate a transfer of funds (as applicable). You agree that You shall lookexclusively to the ESP or financial institution in the event of any payment processing or other payment method relateddisputes and not to Us. If you would like to request information regarding the ESPs used by Us, contact Usatsupport-co@williamhill.usor at (855) 754-1200.9. BONUSESWe may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account('Bonus(es)'). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus isoffered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may makeavailable to You in respect of each such Bonus offering and, if none, then in accordance with the StandardPromotional Terms and Conditions and bonus release restrictions contained in the relevant offer. In the event that theStandard Promotional Terms and Conditions and the Official Rules of any promotion conflict, the Official Rules of thatpromotion will take precedent.Offers may be used only ONCE unless otherwise specified. You are not entitled towithdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account withoutfirst complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.10. CASH OUTS10.1Your account balance is the amount of real money held in Your Account (if any), plus any winnings and/or minusany losses accrued from using the Services, and less any amounts previously withdrawn by You or amounts forfeitedor reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected orcancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs orotherwise), or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance').
10.2Acceptance of a cash out request is subject to any deposit method restrictions, bonus restrictions, bettingvolume and/or Security Reviews (see Section 18 below) and any other terms of these Agreements. All amounts Youwithdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that Wenotify You of before cashing out. For further details of current deposit and cash out options and fees please seeCashier, contact Us atsupport-co@williamhill.usat or at (855) 754-1200 or access Your account.10.3We may report and withhold any amount from Your winnings in order to comply with any applicable law. Alltaxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot betransferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made bycheck, wire, credit card and/or any other manner which We select in Our sole discretion, although We will try toaccommodate Your preferences as indicated by You.10.4Payments will be made as soon as reasonably possible (subject to up to 72 hours internal processing time),although there may be delays due to any Security Review (see Section 18 below) undertaken by Us and save whereWe hold any such payments in accordance with these Agreements. Under penalties of perjury, You declare that, tothe best of Your knowledge and belief, the name, address, and Social Security Number that You have furnishedcorrectly identify You as the recipient of any payments from winnings, and that no other person is entitled to any partof these payments. Any applicable taxes and fees in connection with any winnings awarded to you are your soleresponsibility. Your use of the Services, and therefore your acceptance of these terms and conditions, acknowledgesthat we will make a Form W-2G or Form 1099-Misc, as applicable, available for your reporting purposes and you areresponsible for regulatory reporting obligations on any winnings or prizes subject to applicable laws. You alsoacknowledge that we are required to report certain payments paid to you in accordance with IRS regulations. Assuch, You permit Your acceptance of these Agreements to serve as an electronic signature and to suffice anyacceptance and signature on any tax documents incurred as a result of Your use of the Services.11. INACTIVE AND DORMANT ACCOUNTS11.1If You do not access Your Account by 'logging on' to Your Account using Your Account name and password andeither (i) place a cash wager or bet via the Services, or (ii) make a deposit as applicable, for any consecutive periodof 120 days, then after those 120 days (the 'Grace Period') Your Account (and any related account with any ESP) willbe deemed 'Inactive'.11.2If Your Account is Inactive for a period of one year, Your Account is considered a Dormant Account by theColorado Limited Gaming Control Commission and any funds remaining in Your Account are subject to forfeiture bythe State of Colorado pursuant to applicable law. Logging into your account and making a real money wager ormaking a deposit or withdrawal are considered transactions and will make Your Account Active.12. THIRD-PARTY CONTENT12.1Abusive or offensive language will not be tolerated on Our social media sites, chat boards, or otherwise by Youon the Platforms, Services, or with Group staff. In addition, You are not entitled to make untrue and/or maliciousand/or damaging comments with regard to the Group's operation in any media or forum.12.2In accordance with the terms of Our Third Party Content policy, We may reject or delete any text, files, images,photos, video, sounds, or any other materials ('Third Party Content') posted by You on the Platforms which in Oursole opinion breaches the terms of these Agreements.12.3Any violation of this policy may result in removal of the Third-Party Content, a suspension of Your use of theServices and/or such other action as may be reasonably required by Us to ensure compliance.13. PROTECTION OF ACCOUNT NAME AND PASSWORD.The Account name and password selected when Youregister for an Account should not be disclosed to any third party. You are solely responsible for the security of YourAccount name and password, and all activities that occur under Your Account name and password.You agree to keep Your Account name and password secret and confidential and not to allow anyone else to use it.As an authorized player, You are prohibited from allowing any other person access to or use of Your interactiveonline account. Every person who identifies themselves by entering a correct username and password is assumed byUs to be the rightful Account holder and all transactions where the username and password have been enteredcorrectly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorizeduse or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You havelost Your Account name, username or password, please contact Us for a replacement. If You misplace, forget, or loseYour Account name, username or password as a result of anything other than Our error, We shall not be liable.14. FRAUDULENT ACTIVITIES, BONUS ABUSE, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS.Wehave a zero-tolerance policy towards inappropriate play, bonus abuse and fraudulent activity. If, in Our sole
determination, You are found to have cheated or attempted to defraud Us and/or the Group or any other user of anyof the Services in any way, including but not limited to wagering manipulation or payment fraud, manipulation of themulti-currency facilities, betting on all possible outcomes or opposite sides of an event, an attempt to withdraw aninitial deposit and or only wagering the Deposit Match Bonus associated with the Qualifying Deposit, multiple/groupedaccounts linked by device/static IP/cashier and betting exploitatively,or if We suspect You of fraudulent payment,including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback orother reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Yourdeposits failed to be honored by Your bank for any reason, We reserve the right to suspend and/or close YourAccount and recover bad debts using whichever method may lawfully be available to Us including, but not limited to,(i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collectthe debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personalinformation (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to theappropriate authorities.We prohibit the use of betting techniques or activity that we deem, in our sole discretion, to circumvent or be intendedto circumvent our house edge or table limits, or that are in violation of our Standard Promotion Terms and Conditions.This includes but is not limited to, manipulation of the game software, card counting, systems of progressive bettingor other irregular play.Irregular play includes but is not limited to making even money bets on opposing sides of anycasino game and/or making wagers that include 70% or more of all possible outcomes for that game.In the event apatron exhibits betting patterns we, in our sole discretion, determine to be regular, we may take steps including butnot limited to restricting wagering activity, reporting that patron’s betting activity to the Colorado Limited GamingControl Commission, blocking that patron’s account, and/or retaining any funds related to that patron’s irregular play.We reserve the right to void and withhold any or all winnings made by any person or group of persons and to voidand withhold any Rewards gained by any person or group of persons where We have reasonable grounds to believethat said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us and/orthe Group and/or the Services and/or the Platforms in any way.In the interests of data protection, security and avoidance of fraud We do not permit use of any communicationchannels included within the Services and/or the Platforms to offer or promote any offers, products and services(whether Yours or a third party's). You are expressly prohibited from posting information or contacting Our customersto offer or promote any offers, products or services.15. LIMITED LICENSE.We hereby grant You the limited, non-exclusive, non-transferable, non-sublicensable right toinstall and use the software We make available from the Platforms used to provide the Services (the 'Software') andall content derived from the Software, including, but not limited to, the copyright and all other intellectual propertyrights therein, in connection with the Services in accordance with this Agreement. The Software is the valuableintellectual property of the Group and/or its associated companies and/or its licensors. You obtain no rights to theSoftware except to use it in accordance with these Agreements. You must not: (a) copy, redistribute, publish, reverseengineer, decompile, disassemble, modify, translate or make any attempt to access the source code to createderivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant asecurity interest in the Software; (c) make the Software available to any third party through a computer network orotherwise; (d) export the Software to any country (whether by physical or electronic means); or (e) use the Softwarein a manner prohibited by applicable laws, regulations and/or this Agreement (together the ‘Prohibited Activities’).You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission ofany Prohibited Activities. You shall notify Us immediately upon becoming aware of the commission by any person ofany of the Prohibited Activities and shall provide Us with reasonable assistance with any investigations it mayconduct in light of the information provided by You in this respect.16. GEOLOCATION SERVICES16.1Real-money gaming on the Platforms is restricted by the Colorado Limited Gaming Control Commission to userswho are physically located within the state of Colorado. To confirm Your desktop/laptop location, we use a third-partymethod using IP address and WIFI signal. If one of the two is not confirmed, You will not be allowed to use theServices. To confirm Your mobile device location, we use a third-party method using carrier cell tower and WiFisignal. If your mobile device location is not confirmed, You will not be allowed to use the Services. We cannotguarantee that your device will be able to successfully use the location Services. If we or our third-party providers areunable to precisely track your location for any reason, you may be prevented from accessing or using the Services.We are not liable for your inability to access or use the Services.16.2By registering to use the Services, you consent to the monitoring and recording by us (or our service providers)and/or by the Colorado Limited Gaming Control Commission of any wagering communications and geographiclocation information for the purpose of determining compliance with the Act.
16.3We will handle all information collected through the location Services in accordance with our Privacy Policy. IfYou   have   any   questions   or   concerns   regarding   the   location   Services,   You   may   contact   Us   atsupport-co@williamhill.usat or at (855) 754-1200.17. ERRORS.You must inform Us as soon as You become aware of any errors with respect to Your Account or anycalculations with respect to any sports bet and/or casino bet or wager You have placed. In the event of such error orany system failure (a divergence from the normal functioning of the logic for whatever reason) that results in an errorin any odds calculation, charges, fees, bonuses or payout, or any currency conversion as applicable, ('Error') We willseek to place all parties directly affected by such Error in the position they were in before the Error occurred. Wereserve the right to declare null and void any wagers or bets on sports and/or casino games that were the subject ofsuch Error and to take any money from Your Account relating to the relevant bets or wagers, if there are insufficientfunds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets orwagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfairadvantage, We reserve the right to consider this activity to be subject to Section 19 (Forfeiture & Account Closure) ofthese Terms of Service.18. SECURITY REVIEW.To maintain a high level of security and integrity in the system, We reserve the right toconduct a security review at any time to validate Your identity, age, the registration data provided by You, to verifyYour use of the Services, including but not limited to Your compliance with these Agreements and the policies of theGroup and Your financial transactions carried out via the Services for potential breach of these Agreements and ofapplicable law (a 'Security Review'). As such, You authorize Us and Our agents to make any inquiries of You and forUs to use and disclose to any third party We consider necessary to validate the information You provide to Us orshould provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/orotherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, Youagree to provide such information or documentation as We, in Our unfettered discretion, may request.19. FORFEITURE & ACCOUNT CLOSURE19.1WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT,ANY RELATED ESP (AS THAT TERM IS DEFINED AT CLAUSE 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVEWITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OFTHE GROUP AND, IN THE CASE OF YOUR USE OF THE SERVICES, ANY SERVICES THAT SHARE THEPLATFORM,  TO TERMINATE  THESE AGREEMENTS,  WITHHOLD YOUR  ACCOUNT  BALANCE,  SUSPENDYOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS,BONUSES AND WINNINGS IF:19.1.1You are in material breach of any of these Agreements;19.1.2We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion(including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation ofthe multi-currency facilities);19.1.3We become aware that You have played at any other online gaming site or services and are suspected offraud, collusion (including in relation to charge-backs) or unlawful or improper activity;19.1.4You have 'charged back' or denied any of the purchases or deposits that You made to Your Account;19.1.5You become bankrupt or analogous proceedings occur anywhere in the world; or19.1.6Upon instruction of the appropriate law enforcement agency or regulatory body.20. TERMINATION20.1You are entitled to close Your Account and terminate these Agreements for any reason or no reason on seven(7) days’ notice to Us by withdrawing the entire balance from Your Account and sending a letter or email ortelephoning Us using the details at 'contact Us'. We will respond within a reasonable time provided that You continueto assume responsibility for all activity on Your Account until such closure has been affected by Us.20.2We take Responsible Gaming seriously. If You would like to close Your Account for responsible gaming reasonsplease visit theNational Council on Problem Gambling athttps://www.ncpgambling.org/or by calling/texting 1-800-522-4700 or live chat ncpgambling.org/chat20.3Without limitation to section 19, We are entitled to terminate these Agreements on seven (7) days’ notice (orattempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shallgive notice of the termination to You via email and, other than where termination is pursuant to section 19, as soon as
reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 19, anypayouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.20.4Termination   of   these   Agreements   will   not   affect   any   outstanding   wagers   or   bets,   PROVIDED   that   anyoutstanding wagers or bets are valid and are not in breach of these Agreements in any way.20.5The following Sections of these Terms of Service shall survive any termination of these Agreements by eitherparty: 2, 7, 8, 14, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, and 32, along with all options, rights andcovenants   contained   herein   that   are   intended   to   survive   will   survive   the   expiration   or   termination   of   theseAgreements, as well as any other Sections which are required for the purposes of interpretation.21. COMPENSATIONYOU   AGREE   THAT   YOU   WILL   ONLY   USE   THE   SERVICES   IN   ACCORDANCE   WITH   THE   TERMS   ANDCONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES ORCOSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) WHICH WE (OR ANY MEMBER OF OUR GROUP)INCUR ARISING FROM ANY BREACH BY YOU OF THESE AGREEMENTS.22. SELF-EXCLUSION22.1You may suspend Your Account for a period of time as chosen by You, provided the suspended Account doesnot remain inactive for a period of one year which would result in Your Account being a Dormant Account and anyfunds remaining in your Account are subject to forfeiture by the State of Colorado.22.2You may set daily limits or have Your name placed on the Internet self-exclusion list by submitting a request forself-exclusion. The minimum time-out period is 72 hours.22.3The National Council on Problem Gambling athttps://www.ncpgambling.org/or by calling/texting 1-800-522-4700 or live chat ncpgambling.org/chat.22.4If You have elected to use any of the self-exclusion tools in connection with any of the Platforms provided by anyGroup company from time to time, You acknowledge and agree that You are not permitted to open or use an Accountwith any other Group company ('Additional Group Account') during the self-exclusion period You have selected.23. LIMITATIONS AND EXCLUSIONS23.1WE PROVIDE  THE SERVICES  ON AN  “AS IS”  AND “AS  AVAILABLE” BASIS  AND WE  EXPRESSLYDISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND THE SOFTWARE, WHETHEREXPRESS   OR   IMPLIED,   INCLUDING   BUT   NOT   LIMITED   TO,   THE   IMPLIED   WARRANTIES   OFMERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THESITE   WILL   BE   WITHOUT   ERROR   OR   INVULNERABLE   TO   VIRUSES,   WORMS,   OR   OTHER   HARMFULSOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUETO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE,SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICEOR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, ORDISRUPTION,   AND   THEREFORE   WE   EXPRESSLY   DISCLAIM   ANY   EXPRESS   OR   IMPLIED   WARRANTYREGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BYSUCH FACTORS.23.2YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICESFROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE INCONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WESHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THESERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 17, BUGSOR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT,MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANYATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WEARE   NOT   REQUIRED   TO   PROVIDE   REDUNDANT   OR   BACKUP   NETWORKS   AND/OR   SYSTEMS.MALFUNCTION VOIDS ALL PAYS.23.3THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT  BELIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISEFOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USEOR ANY THIRD PARTY’S USE OF THE SOFTWARE OR THE SERVICES, WHETHER DIRECT OR INDIRECT,INCLUDING,  WITHOUT  LIMITATION,  INCIDENTAL,  SPECIAL,   PUNITIVE  OR  CONSEQUENTIAL  DAMAGES,INCLUDING BUT NOT LIMITED TO, LOSS OF USE DAMAGES, ARISING OUT OF OR RELATING TO USE OF OR
INABILITY TO USE THE SOFTWARE OR THE SERVICES, DAMAGE FOR, BUSINESS LOSSES, INCLUDING BUTNOT LIMITED TO LOSS OF DATA, PROFITS (INCLUDING LOSS OF OR FAILURE TO RECEIVE ANTICIPATEDWINNINGS),   REVENUE,   BUSINESS,   OPPORTUNITY,   GOODWILL,   REPUTATION   OR   BUSINESSINTERRUPTION OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS (EVEN WHERE WE HAVE BEENNOTIFIED   BY   YOU   OF   THE   POSSIBILITY   OF   SUCH   LOSS   OR   DAMAGE)   ARISING   OUT   OF   THESEAGREEMENTS OR YOUR USE OF THE SERVICES.23.4THE GROUP SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNETSERVICE PROVIDER, ESP, PAYMENT PROCESSOR, FINANCIAL INSTITUTION OR OTHER THIRD PARTYWITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE, TORECEIVE FUNDS FROM US OR YOUR ONLINE GAMING ACCOUNT, OR PROVIDE PAYMENT PROCESSINGOR OTHER SERVICES.23.5THE PATRON AGREES NOT TO USE ANY FORM OF BOTS OR ARTIFICIAL INTELLIGENCE (AI) PATRONS DURING ONLINE SESSIONS.23.6NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THEGROUP OR THROUGH OR FROM THE WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THIS AGREEMENT.23.7NEITHER   WE   NOR   OUR   GROUP   SHALL   BE   LIABLE   TO   YOU   OR   ANY   THIRD   PARTY   FOR   ANYMODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SOFTWARE OR THE SERVICES.23.8NEITHER WE NOR OUR GROUP SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORSOR   OMISSIONS   RELATING   TO   PAYMENT   PROCESSING   BY   A   THIRD-PARTY   ESP   OR   FINANCIALINSTITUTION.23.9NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVEIN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.24. INDEMNIFICATION.You agree to indemnify, defend and hold Us, Our Group, and Our and their respectivedirectors, officers, employees, agents, and other partners harmless from and against any claim or demand, includingreasonable attorneys’ fees, made by any third party due to or arising out of your use of the Software or the Services,your connection to the Platforms or the Services, your violation of the Agreements, or your infringement of anyintellectual property or other right of any other person or entity.25. NO ARRANGEMENTS FOR PROHIBITED PERSONS/EXCLUDED PERSONS.You acknowledge that We are aUnited States company and operate in a licensed Colorado gaming establishment. As such, We are: (i) prohibitedfrom providing services to certain “prohibited persons” pursuant to applicable law, regulations or that are governmentofficials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published onlists maintained by the United States Department of Treasury and (ii) must exclude or eject any "excluded persons"that are listed on the "exclusion list." You agree to use all reasonable efforts not to arrange for any of these prohibitedpersons or excluded persons to use the Services or the Software.26. NO REPRODUCTION OR RESALE.You agree not to reproduce, duplicate, copy, sell, resell or exploit for anycommercial purposes, any portion of the Platforms, the Software or the Services, use of the Platforms, the Softwareor the Services, or access to the Platforms, the Software or the Services.27. THIRD PARTY WEBSITES.Although We hope that you will find the material on the Platforms informative, thematerial and links to third-party websites and resources that may be included on the Platforms are provided forinformational purposes only. Providing links to these sites by Us should not be interpreted as endorsement orapproval by Us of the organizations sponsoring these sites or their products or services. We make no representationsor warranties, express or implied, with respect to the information provided on this Platforms or any third-party websitewhich may be accessed by a link from the Platforms, including any representations or warranties as to accuracy orcompleteness. Because We have no control over third-party websites and resources, You acknowledge and agreethat We are not responsible for the information and contents of such third-party websites and do not endorse and arenot responsible or liable for any content, statements, representations, advertising, products, services or othermaterials on or available from such sites or resources. You further acknowledge and agree that We shall not beresponsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection withYour use or reliance on any such content, information, goods, or services available on or through any such site orresource.28. NOTICES/COMPLAINTS.If You have any complaints, claims or disputes with regard to any alleged winnings,alleged losses or the award or distribution of payouts or any other item or items in a promotion or similar activity orevent, or the manner in which a wager, promotion or similar activity or event is conducted regarding the Services,
You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the originaltransaction   to   which   the   claim   or   dispute   refers.   Complaints   may   be   submitted   by   email   tocomplaints@nj.williamhill.us. You may also submit notices to Us in writing to: William Hill Sports Book - CustomerService, 309 Fellowship Road, Suite 200, Mount Laurel, NJ 08054, USA. Any notice We give to You (save asotherwise set out herein) will be sent to the email address that You provide when You register Your Account. You cannotify us of any changes to this address through the 'Change Email' facility in Our software. It is Your responsibility togive Us notice and to check Your email account for emails from Us.To the extent that You are not satisfied with Our response You may contact the Colorado Limited Gaming ControlCommission athttps://www.colorado.gov/pacific/enforcement/playing-casino-gaming.29. GOVERNING LAW.These Agreements shall be governed by and construed in accordance with the laws ofColorado. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Colorado for settlement of anydisputes or matters arising out of or concerning these Agreements or their enforceability. If any part of theseAgreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainderof the Agreements, which shall remain valid and enforceable according to their terms.30. ARBITRATION.Excluding those disputes identified in Section 28 above and internet gaming disputes which aresubject to the Colorado Limited Gaming Control Commission’s dispute process under 1 CCR 207-2 Rule 6.13 (i.e.,any dispute, claim or controversy relating to an individual’s alleged winnings, alleged losses or the award ordistribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing,promotion or similar activity or event, or the manner in which a game, tournament, contest, drawing, promotion orsimilar activity or event is conducted), any claims or controversy arising out of or relating to the Agreements, includingthe determination of the scope or applicability of the Agreements and Our use of electronic services providers, shallbe determined by arbitration in Denver County, Colorado before a single neutral arbitrator.. The arbitration shall beadministered by AAA pursuant to its Commercial Arbitration Rules. Any appeal shall be heard and decided by a panelof three neutral arbitrators. All arbitrators shall be retired judges or justices of any Colorado state or federal court, andshall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governedby the AAA Commercial Arbitration Rules), apply the laws of the State of Colorado without giving effect to any choiceor conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the Stateof Colorado. The award of the arbitrator(s) shall be binding and final on all parties. Judgment on the award renderedmay be entered in any court having jurisdiction. The prevailing party shall be entitled to reasonable attorneys’ feesand expenses. The arbitrators may not award any incidental, indirect, special, or consequential damages, including,but not limited to, damages for lost profits. If any part of the Agreements is found to be invalid, illegal orunenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remainvalid and enforceable according to their terms. No waiver of any breach or default of the Agreements shall bedeemed to be a waiver of any preceding or subsequent breach or default.The parties agree that this Agreement excludes the application of the United Nations Convention on Contracts for theInternational Sale of Goods, if otherwise applicable. Additionally, you agree that regardless of any statute or law tothe contrary, any claim or cause of action arising out of or relating to these Agreements and the use of the Servicesmust be commenced within one (1) year after such claim or cause arose or you waive such claim or cause of action,including the ability to arbitrate the matter.ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURYTRIAL.NO CLASS ACTIONS – YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND NOTAS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OF A CLASSACTION.31. ASSIGNMENT.We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or inpart, to any person (but without Your consent) without notice, provided that any such assignment will be on the sameterms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in anymanner whatsoever any of Your rights or obligations under these Agreements.32. THIRD PARTY RIGHTS32.1Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term ofthese Agreements, a person who is not a party to these Agreements has no right under local law or statute to relyupon or enforce any term of these Agreements but this does not affect any right or remedy of a third party whichexists or is available other than under local law or statute.32.2For the avoidance of doubt, each member of the Group is an intended third-party beneficiary of theseAgreements.
33. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS.You fully understand and agree to be bound bythese Agreements and as modified and/or amended by Us from time to time. We may amend these Agreements atany time either by emailing or sending You notification of the new terms and/or by publishing the modifiedAgreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any suchmodification will take effect once accepted by You. If any modification is unacceptable to You, Your only recourse isto terminate these Agreements. Your continued use of the Services following notification will be deemed bindingacceptance of the modification. For material changes to the Agreements, You will be required to acknowledgeacceptance of such changes. For changes deemed non-material and approved by the Colorado Limited GamingControl Commission, an acknowledgment is not required, and your continued access or use of the Services followingany amendments to the agreements constitutes your acceptance of the agreements as amended. It is your soleresponsibility to review the Agreements and any revisions thereto each time You use the Services.34. ADDITIONAL TERMS FOR USE OF SERVICES34.1The following additional terms apply to Your use of the Services. Please note that in the event of any conflictbetween this Section 34 and the remaining Sections of these Terms of Service, the remaining Sections of theseTerms of Service shall prevail.34.2 Rules and Procedures of the ServicesYou must use the Services in accordance with the generally acceptedrules set out in the How to Play section and the procedures relevant to the Services. You are using those specificallyset out in thehttps://www.williamhill.com/us/co/online site, including but not limited to the Promotions section, theHow to Play section, any additional Casino Game Rules, and any other page that specifically relates to and governsany particular event ('Rules').34.3 Anti-Cheating PolicyWe are committed to preventing the use of unfair practices in the Services, including butnot limited to player collusion. We are also committed to detecting and preventing the use of software programswhich are designed to enable artificial intelligence to play on Our Platforms including, but not limited to, opponent-profiling, cheating software, automated computerized software or other equivalent mechanism, or anything else thatWe deem enables You to have an unfair advantage over other players not using such programs or systems ('AISoftware'). You acknowledge that We will take measures to detect and prevent the use of such programs and AISoftware using methods (including but not limited to reading the list of currently running programs on a player'scomputer) and You agree not to use any AI Software and/or any such programs. Please see Our Unfair AdvantagePolicy.34.4 Settlement of DisputesYou fully accept and agree that if there is a discrepancy between the result showing onthe Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shallgovern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies)Our records shall be the final authority in determining the terms of Your use of the Services, the activity resultingtherefrom and the circumstances in which such activity occurred.PLEASE PRINT THESE TERMS OF SERVICE AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION,WE   SUGGEST   THAT   YOU   PRINT   AND   STORE   ALL   TRANSACTION   RECEIPTS   AND   GAME   RULES   ASAPPLICABLE TO YOUR ACTIVITIES.If You have any questions, please contact Our Customer Service team at (855) 754-1200 between 5am-3am daily.Effective: August 28, 2020

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