Terms of Service
LASTED UPDATED: November 8, 2011
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ACCEPTANCE OF TERMS
- Welcome to Leroy's Horse and Sports Place ("Leroy's®," "Leroy's Sportsbook," "we," "us" or "our"). These Terms of Service ("Terms" or the "Agreement") apply to Leroy's® "Services" meaning services which make it possible for its customers to place: (a) cash wagers in any Leroy's Sportsbook, (b) cash wagers on self-service terminals in non-restricted gaming establishments ("Casino Kiosk(s)"), and to participate in (c) Remote Account Wagering on: (i) self service terminals ("Kiosk(s)"), or (ii) the LEROY'S® app©. By visiting, or using Leroy's® website, www.leroys.com (the "Website"), or Leroy's® Services and/or opening a Leroy's® remote wagering account through the LEROY'S® app© on any wireless device, or Kiosk (the "Leroy's® remote wagering account"), you agree to enter into a legally binding agreement with Leroy's® and to be bound by Leroy's®: (i) Terms, (ii) Privacy Policy, (iii) Rules and Regulations for Account Wagering, (iv) House Rules, and (v) any special rules that may apply to any promotion (e.g., contests) in which you may participate, (collectively Leroy's® Rules and Regulations for Account Wagering, House Rules and special rules shall be referred to as "Rules"). If you do not agree to the Terms and Rules you may not use Leroy's® Services.
- Changes to Terms of Service. This page describes our current Terms of Service and notes at the top of the page the date they were "Last Updated" and came into force. We may update or change them from time to time at our sole discretion and without prior notice to you. Thus, please review the Terms of Service and Rules periodically to learn of any changes.
- Continued Use. Your continued use of this Website, Leroy's® Services, the LEROY'S® app© and/or any Leroy's Content (as defined below), after the posting of any changes constitutes your binding acceptance of such changes. If any change is unacceptable to you, you may either cease using the Leroy's® Services and/or close your Leroy's® remote wagering account.
- Additional Terms of Service. Please note that additional and/or different conditions and terms of service may apply to services or products provided through one or more of our partners, advertisers, business associates, Suppliers (as defined below), LEROY'S® app© Distributors (as defined below), or third parties, and you should refer to those before using such services or products.
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DESCRIPTION OF LEROY’S® SERVICES
- We offer sports wagering services and Content through our network of Sportsbooks and via Casino Kiosks, and Remote Account Wagering (which can be utilized only in the State of Nevada or other approved jurisdictions where sports wagering is lawful). The term "Content" as used herein means, but is not limited to, sports wagering opportunities, promotions, contests, odds, lines, news, other reports, data, graphics, text, the selection thereof, visual interface, and information, displayed on the Website, Casino Kiosks, Kiosks or LEROY'S® app©.
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OPENING A LEROY'S® REMOTE WAGERING ACCOUNT
- To participate in Leroy's® remote wagering you must open an account with Leroy's®. You must complete an Account Wagering Application (the "Application") which is available on the Website and at any Leroy's® location and present it in person, along with valid picture ID (e.g., driver's license, government-issued ID) and Social Security Card, to a Leroy's Representative at an approved Leroy's® location. Once we verify the information in the Application, and you open and fund your wagering account, we will give you instructions on how to download the LEROY'S® app© for your wireless device from one of the participating App stores such as Apple®, BlackBerry® and/or Android ("LEROY'S® app© Distributors"). After you install the LEROY'S® app© and accept the Terms of Service and Rules, you will be able to bet on sporting events on your wireless device using the LEROY'S® app© which will process your bet and deduct the funds from your Leroy's® remote wagering account, provided you place your wager from within the borders of the State of Nevada. You may also access your Leroy's® remote wagering account via a Kiosk To open an account please see the Leroy's® Rules and Regulations link on this Website.
- In opening your Leroy's® remote wagering account you warrant that: (i) you understand and accept the risk that, by using our services and content, you may, as well as winning money, lose money, (ii) you satisfy the Age Requirements, (iii) you are legally able to enter into contracts, (iv) you are not a person barred from receiving Leroy's® Services and/or using our content, under federal, state, and/or local laws and those of other applicable jurisdictions, and (v) you are the rightful owner of the money which you at any time deposit in or withdraw from your account.
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AGE REQUIREMENTS
- Leroy's® believes that betting on sports is an adult recreational form of entertainment. We do not market or advertise our betting products to persons under the age of 21. By using Leroy's® Services, you certify that you are at least 21 years of age. If you are younger than 21 years of age, you are prohibited from accessing or using any Leroy's® Services, and may not: (i) submit information to the Website, (ii) purchase any goods or services from Leroy's®, (iii) establish any account with Leroy's®, or (d) access or attempt to access any password-restricted information contained on Leroy's® website, or Leroy's® remote wagering account.
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Parents or Guardians of Children or Adults Under 21 Years of Age.
Children and adults under 21 years of age are prohibited from using Leroy's® Services. Leroy's® does not knowingly collect or maintain personal information from persons under 21 years of age. If we learn that personal information of persons who are under 21 has been collected on Leroy's® Services, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or adult under the age of 21 has submitted information for and/or obtained a Leroy's® remote wagering account, you may contact us at contact@leroys.com and request that we remove that account holder's personal information from our systems and close the account.
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VERIFICATION OF YOUR IDENTITY; ACCURATE INFORMATION
- You agree to provide true, accurate, current and complete information to Leroy's® and warrant that the name and address, and all other Personal and Non-Personal information, you supply when opening your Leroy's® remote wagering account, and anytime thereafter, are true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Leroy's® has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Leroy's® has the right to refuse or limit access to, suspend or terminate your account, without prior notice to you, and to refuse any and all current or future use of Leroy's® Services.
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ACCOUNT NUMBER AND PASSWORD SECURITY
- You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your remote wagering account. You agree to take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your account number and password to anyone, and accept full responsibility for all activities and transactions that occur under your remote wagering account, whether or not authorized by you. You also agree to (i) immediately notify Leroy's® by email at contact@leroys.com of any unauthorized use of your remote wagering account or password or any other breach of security, and (ii) ensure that you exit from your remote wagering account at the end of each session. Leroy's® cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
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CONSENT TO TRACK LOCATION OF YOUR WIRELESS DEVICE
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To use the Leroy's® remote wagering account you must have a wireless device that is compatible with the LEROY'S® app©.
Leroy's® does not warrant that the LEROY'S® app© will be compatible with your wireless device.
- Enabling your device. The Leroy's® remote wagering account requires that the wireless device allows the LEROY'S® app© to access GPS and other location information associated with the wireless device. You agree to enable your wireless device to allow us to access your wireless device's location information from time to time and consent to us verifying your location using GPS or other location technologies.
- Wireless Carrier owns location-based information. By entering into this Agreement, you acknowledge and agree that the location of your wireless device is information that is owned by your wireless carrier; and you have no expectation of privacy when using the Leroy's® remote wagering account as it relates to identifying the location of your wireless device.
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To use the Leroy's® remote wagering account you must have a wireless device that is compatible with the LEROY'S® app©.
Leroy's® does not warrant that the LEROY'S® app© will be compatible with your wireless device.
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CONSENT TO COLLECTION, USE, AND DISCLOSURE OF YOUR LOCATION, PERSONAL & NON-PERSONAL INFORMATION
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- Collection, use, and disclosure of data and location information. You agree that Leroy's®, its parent company, American Wagering, Inc., and its subsidiaries and affiliated companies, may collect, use, and disclose technical data and related information, including but not limited to your wireless device, system and application software, and peripherals, and location, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Leroy's® app© and Services subject to the terms of our Privacy Policy. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
- Collection, use and disclosure of Personal and other Non-Personal Information. You authorize Leroy's®, its parent company, its subsidiaries and affiliated companies, and any of its third-party vendors (such as wireless carriers, technology developers, advertisers, sponsors, licensors, distributors and/or service providers) ("Suppliers") and LEROY'S® app© Distributors (such as Apple®, BlackBerry®, and Android) to collect, use, and disclose the location information and Personal Information (including, but not limited to, your name, postal and email addresses, telephone number, Leroy's® remote wagering account number, and device number), and other Non-Personal Information (including, but not limited to, Profile Information) subject to Leroy's® Privacy Policy.
- Third Parties' Terms of Use and Privacy Policies. YOU ACKNOWLEDGE AND AGREE THAT YOUR WIRELESS CARRIER, SUPPLIERS, AND ANY OTHER LEROY'S® app© Distributors TO WHICH YOU SUBSCRIBE MAY ALSO COLLECT INFORMATION AND DATA ABOUT YOU. THE COLLECTION, USE, AND DISCLOSURE OF PERSONAL, NON-PERSONAL, AND LOCATION INFORMATION AND DATA BY YOUR WIRELESS CARRIER, SUPPLIERS, AND LEROY'S® app© DISTRIBUTORS TO WHICH YOU SUBSCRIBE IS GOVERNED BY THEIR RESPECTIVE TERMS OF USE AND PRIVACY POLICIES AND MAY DIFFER FROM LEROY'S® TERMS AND PRIVACY POLICY.
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LEROY'S® PRIVACY POLICY
- By using Leroy's® Services you consent to the collection, use, disclosure, and transfer of your Personal and Non-Personal information, along with other information, within the United States and/or to other countries for storage, processing and use by Leroy's®, its parent company, and its subsidiaries or affiliated companies, subject to the terms of our privacy policy which can be updated from time to time, and accessed via the Privacy Policy link on this Website and which you acknowledge you have read and agreed to.
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INFORMATIONAL PURPOSES ONLY
- ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH LEROY'S® ARE UNOFFICIAL AND OFFERED FOR INFORMATIONAL PURPOSES ONLY. While Leroy's® and the third parties used to provide the Leroy's® Services (the "Third Party Providers") use reasonable efforts to include accurate and up-to-date information, neither Leroy's® nor its Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Leroy's® Services. You agree Leroy's® and its Third Party Providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via Leroy's® Services and shall not be responsible or liable for any error or omissions in that information.
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LEROY'S® PROPRIETARY RIGHTS
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- We Own LEROY'S® Materials. You acknowledge and agree that the Website, the LEROY'S® app©, Leroy's® remote wagering accounts, Casino Kiosks, Kiosks and/or Leroy's® Services contain proprietary and confidential information, including, but not limited to: (i) Content (e.g., sports wagering opportunities, promotions, contests, odds, lines, news, other reports, data, graphics, text, the selection thereof, visual interfaces, information), and (ii) alerts, (iii) computer code, (iv) software, (v) software compilations, (vi) underlying source code, (vii) products including wireless device applications and (viii) services (all of which are collectively referred to as "LEROY'S® Materials"), which are subject to copyright and other proprietary rights which are either owned by Leroy's®, its parent company, or subsidiaries or affiliated companies, or used by Leroy's® under license from third-party rights owners.
- Intellectual Property Rights; Leroy's® Marks. You agree that all intellectual property rights in Leroy's® trademarks, trade names, service marks and other Leroy's® logos and brand features, and product and service names and trademarks (the "Leroy's® Marks") vest in Leroy's®, its parent company, or its subsidiaries or affiliated companies, and/or third-party licensors. You agree not to display, use or reproduce, in any manner, the Leroy's® Marks without Leroy's® prior written consent. Under no circumstances shall the use of the Leroy's® Services or Materials grant to you any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable license to use such intellectual property rights in connection with your personal, non-transferable, revocable, non-commercial use of the Leroy's® Services and Materials pursuant to the Terms of Service.
- Derivative Works. Except as expressly permitted by applicable law or as authorized by Leroy's® or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on Leroy's® Services, or Materials, and such Content or the software, in whole or in part.
- Third Party's Intellectual Property Infringement Claims. You acknowledge and agree that, in the event of any third party claim that the LEROY'S® app© in your possession and use of the LEROY'S® app© infringes that third party's intellectual property rights, Leroy's® (not LEROY'S® app© Distributors) shall be solely response for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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LEGAL COMPLIANCE
- You represent and warrant that you will comply with applicable local, state, federal, and international laws when using this Website, any Casino Kiosks or Kiosks, the LEROY'S® app©, the Leroy's® remote wagering account and any Leroy's® Materials and Services. You further represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, you acknowledge and agree to comply with any terms, rules and/or policies that may be incorporated into this Agreement, as well as your agreements with your wireless carriers, the LEROY'S® app© Distributors (such as, and/or including but not limited to Apple®, BlackBerry® and Android) and other third parties. You will be responsible for any cost and expenses incurred by Leroy's® (including attorneys' fees) as a result of your misuse or use.
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PROHIBITED USER CONDUCT
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YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:
- Access the restricted areas of the LEROY'S® Materials if you are under the age of 21 years old;
- Access, reproduce, duplicate, copy, sell, trade, resell, or use the LEROY'S® Materials or Services for any commercial or non-private use, it being understood that LEROY'S® Materials and Services are for personal, non-commercial use only;
- Access or use the LEROY'S® Materials or Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website, Casino Kiosks, Kiosks or the Leroy's® remote wagering account of other users;
- Sell or transfer or allow another person to access your account password, profile, or Leroy's® remote wagering account;
- Use any wireless device, or Kiosk to access your Leroy's® remote wagering account in a manner inconsistent with or in violation of this Agreement.
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YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:
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VIRUSES, HACKING & OTHER OFFENSES
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YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:
- Attempt to or actually remove, circumvent, disable, damage, override or otherwise interfere with security related features of or related to the LEROY'S® Materials or features that prevent or restrict use or copying of any content accessible through the LEROY'S® Materials, or features that enforce limitations on use of the sports account wagering services;
- Attempt to or actually intentionally interfere with or damage operation of the LEROY'S® Materials or any User's enjoyment of them, by any means, including uploading or otherwise disseminating or propagating viruses, works, trojans, logic bombs or other material or code that is malicious or harmful;
- Knowingly or negligently use any features which may interfere with or affect the function of the LEROY'S® Materials in any way, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating or propagating viruses, works, trojans, logic bombs or other material or code that is malicious or harmful;
- Use the LEROY'S® Materials in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the LEROY'S® Materials could lead directly to death, personal injury, or severe physical or property damage;
- Attempt to gain unauthorized access to the LEROY'S® Materials, or any part of it, other accounts, computer systems or networks connected to the LEROY'S® Materials, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the LEROY'S® Materials or any activities conducted on or through the LEROY'S® Materials;
- Use any robot, spider, scraper or other automated means to access the LEROY'S® Materials for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the LEROY'S® Materials or modify them in any manner or form, nor to use modified versions of the LEROY'S® Materials, including (without limitation) for the purpose of obtaining unauthorized access to the LEROY'S® Materials;
- Reverse engineer, decompile, disassemble, or otherwise attempt to extract, generate or retrieve source code from any compiled binary provided in any LEROY'S® Materials underlying the Website, Kiosk or the Leroy's® remote wagering account, in whole or in part, except as expressly permitted by mandatory law (see also Section 20(i));
- Modify, translate, adapt, arrange or create derivative work based on the LEROY'S® Materials, in whole or in part, for any purpose (see also Section 11);
- Export the technology in the LEROY'S® Materials in violation of applicable export control laws;
- Interfere with, overload, "flood", "crash" or disrupt Leroy's®, which may include, but is in no way limited to, submitting in any manner (i.e., manual or automated), an unreasonable amount of account sign-ons that require location verification;
- Flood the Website with information, multiple submissions or "spam";
- Corrupt the Website;
- Attempt to gain unauthorized access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website or necessary to operate and deliver Leroy's®, Services;
- Interfere or tamper with, remove or otherwise alter in any way, any information, in any form which is included on the Website.
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YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:
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LEROY'S® RIGHT TO REFUSE ACCESS AND TO SUSPEND, MODIFY OR DISCONTINUE SERVICE
- LEROY'S® RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON, TEMPORARILY OR PERMANENTLY, AND WITHOUT ANY NOTICE. YOU AGREE THAT LEROY'S® WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DENIAL OF ACCESS, MODIFICATIONS TO, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
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TERMINATION AND CLOSURE OF YOUR ACCOUNT
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- By Leroy's®. You agree that Leroy's® may, without prior notice, immediately terminate, limit your access to or suspend your Leroy's® remote wagering account, any associated email address, and access to the Leroy's® Services. Cause for such termination, limitation of access or suspension shall include, but is not limited to: (i) breaches or violations of the Terms or Rules or other incorporated rules, agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the LEROY'S® Materials and Leroy's® remote wagering account (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, and (vi) engagement by you in fraudulent or illegal activities.
- By You. You may close your Leroy's® remote wagering account, and terminate any associated email, by submitting a request to Leroy's® at contact@leroys.com in the manner set forth in Leroy's® Rules and Regulations.
- Effect of Termination. You agree that all terminations, limitations of access and suspensions of your remote wagering account shall be made in Leroy's® sole discretion and that Leroy's® shall not be liable to you or any third party for any termination, limitation of access or suspension of your Leroy's® remote wagering account, or access to the Leroy's® Services. Terminating your Leroy's® remote wagering account includes any or all of the following: (i) terminating your access to all or part of the Leroy's® Services, (ii) deleting your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring you from further use of all or part of Leroy's® Services. Upon termination, you will lose access to your Leroy's® remote wagering account but you will be and remain responsible for fees for wireless carrier services or that any third party may legally impose, if any. (See also Leroy's® Rules and Regulations for Account Wagering which can be accessed via the link on this Website for additional terms and conditions which may apply). Leroy's® will have no further liability to you or any further obligations under this Agreement.
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LINKS TO OTHER WEBSITES; DEALINGS WITH ADVERTISERS; THIRD-PARTY PRODUCTS AND SERVICES; AND LICENSE TERMS
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- Links. The Website or the Leroy's® remote wagering account may include links to other websites (e.g., sponsors', or advertisers' websites) or services solely as a convenience to you. You acknowledge and agree that Leroy's® is not responsible for the availability of such external sites, or resources, that it does not endorse and is not responsible or liable for any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Leroy's® makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
- Dealings with Advertisers. You understand that Leroy's® remote wagering accounts are advertising sponsored and may include advertising presented each time the Leroy's® remote wagering account is initially accessed, and you consent to receiving such advertisements. You understand and agree that your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or the Leroy's® remote wagering account are solely between you and such advertiser. You agree that Leroy's® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website or the Leroy's® remote wagering account.
- Products or Services Provided by Third-Parties. Parties other than Leroy's® may provide services or sell products via the LEROY'S® Materials. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Leroy's® does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
- Third-Party License Terms. Some products and services are provided from third-parties and therefore the use of such products and services are also governed by such third-party license terms. In such case, you will also be subject to such third-party license terms.
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LEROY'S NOTICES
- Leroy's® may provide you with notices, including but not limited to email, SMS, MMS, text message, postings on the LEROY'S® Materials or other reasonable means now known or hereafter developed. You might not receive such notices if you violate these Terms by accessing Leroy's® in an unauthorized manner. Your agreement to these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the LEROY'S® Materials in an authorized manner.
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CARRIER CHARGES
- The Leroy's® remote wagering account delivers content via (i) mobile carrier networks through their data channel, text messaging, and (ii) proprietary communication channels. YOU MAY INCUR DATA CHARGES AND TEXT MESSAGING CHARGES THROUGH YOUR USE OF THE LEROY'S® MATERIALS. LEROY'S® RECOMMENDS THAT YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN AND MONITOR SUCH USAGE REGULARLY. TO DETERMINE IF YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN LEROY'S® RECOMMENDS YOU CONTACT YOUR WIRELESS CARRIER TO VERIFY YOUR PLAN AND ASSOCIATED COSTS FOR DATA AND TEXT MESSAGES. YOU ACKNOWLEDGE AND AGREE THAT LEROY'S® SHALL NOT BE RESPONSIBLE FOR ANY CARRIER CHARGES ASSOCIATED WITH THE USE OF THE LEROY'S® MATERIALS.
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SCOPE OF LICENSE
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- License Granted to use the Website. Leroy's® grants you a personal, non-exclusive, non-transferable, revocable license to use the Website.
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LEROY'S® app©.
i) License Grant. Leroy's® hereby grants you a personal, non-exclusive, non-transferable, revocable license to use the LEROY'S® app© for your personal use on a single wireless device (including, but not limited to, iPhone, that you own or control as permitted by the Usage Rules set forth in the applicable APP Store Terms of Service, "Usage Rules"), which is associated with your Leroy's® remote wagering account and which may be accessed by a single password. You may not distribute or make the LEROY'S® app© available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the LEROY'S® app©. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or credit derivative works of the LEROY'S® app©, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the LEROY'S® app©). (See also Sections 11 and 14). Any attempt to do so is a violation of the rights of the included with the LEROY'S® app© and its licensors. If you breach this restriction, you may be subject to prosecution and damages.ii) Software Upgrades. Leroy's® may from time to time issue upgraded versions of the LEROY'S® app© and may automatically electronically upgrade the version of the LEROY'S® app© that you are using on your wireless device. You consent to such automatic upgrading (and receiving notices notifying you that upgrades have been issued) on your wireless device, and agree that the Terms and conditions of this license and Agreement will apply to all such upgrades.iii) Open Source. With respect to any open source or third-party code that may be incorporated in the LEROY'S® Materials, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.iv) Rights Reserved. The foregoing license grant under this Agreement is not a sale of the LEROY'S® Materials or any copy thereof and Leroy's® retains all right, title, and interest in the LEROY'S® Materials (and any copy thereof) and Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Leroy's® reserves all rights not expressly granted under this Agreement.v) Termination of License. The license is effective until terminated by you or us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of this license and Agreement. Upon termination of the License you shall cease all use of and disable the LEROY'S® Materials (and any copy thereof).
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INDEMNIFICATION
- You agree to indemnify and hold harmless Leroy's®, its parent company, its subsidiaries, affiliated companies, its Suppliers, and LEROY'S® app© Distributors (such as, and/or including, but not limited to, Apple®, BlackBerry®, and Android), including all of their respective employees, directors, officers, shareholders, partners, agents, and permitted assigns, for, from and against any and all damages, losses, liabilities, obligations, penalties, costs and expenses (including, but not limited to, reasonable attorneys' and other professional fees related to third party claims, demands, charges or investigations, arising out of or in connection with (i) your use of LEROY'S® Materials, in whole or in part, including without limitation your use or misuse of any location information, addresses, directions, or any other data you may obtain while using the LEROY'S® Materials, (ii) your breach of this Agreement or your failure to carry out any obligation or responsibility hereunder, (iii) any violation by you of any requirements or restrictions of ours of any of Suppliers, and of LEROY'S® app© Distributors or applicable laws, rules or regulations, or any access to or use of the App, (iii) the use or misuse of the location based information disclosed to third parties as set forth in your LEROY'S® remote wagering account. In no event will you settle any claim without Leroy's® prior written approval. Leroy's® reserves the right, without waiving any rights to indemnification, including reimbursement of reasonable legal fees and costs, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without your prior written consent. All indemnification obligations will continue in effect even after, and notwithstanding, any expiration or termination of this Agreement.
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DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) NO WARRANTIES. THE LEROY'S® MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE LEROY'S® MATERIALS WILL BE AT YOUR SOLE RISK, AND THAT TO THE FULLEST EXTENT PERMITTED BY LAW, LEROY'S®, ITS PARENT COMPANY, AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES , AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LEROY'S® MATERIALS, AND YOUR USE THEREOF.b) LEROY'S® MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE LEROY'S® MATERIALS OR THEIR CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LEROY'S® MATERIALS, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, LEROY'S® MATERIALS AND/OR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LEROY'S® MATERIALS OR BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE LEROY'S® MATERIALS AND ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LEROY'S® MATERIALS.c) DEALINGS WITH ADVERTISERS; THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES. LEROY'S® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LEROY'S® MATERIALS, YOUR WIRELESS DEVICE, OR ANY HYPERLINKED MESSAGING SOFTWARE OR WEBSITE OR WIRELESS DEVICE. YOU UNDERSTAND AND AGREE THAT LEROY'S® WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL LEROY'S® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST WAGERS OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE LEROY'S® MATERIALS, EVEN IF LEROY'S® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND FURTHER THAT PURSUANT TO THIS PROVISION NO THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO LEROY'S® SUPPLIERS, PARTNERS AND/OR WIRELESS CARRIER PARTNERS, SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE LEROY'S® MATERIALS, ANY LINKS THERETO OR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEROY'S® LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (A) THE AMOUNT PAID, (IF ANY), BY YOU TO LEROY'S® FOR THE LEROY'S® MATERIALS DURING THE TERM OF YOUR USE OF THE LEROY'S® MATERIALS OR (B) ONE THOUSAND DOLLARS ($1,000). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.d) THE LEROY'S® MATERIALS AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LEROY'S® MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LEROY'S®, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEROY'S® THIRD-PARTY WIRELESS CARRIER PARTNERS, AND LEROY'S® app© DISTRIBUTORS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.e) LEROY'S® AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEROY'S® THIRD-PARTY WIRELESS CARRIER PARTNERS, AND LEROY'S® app© DISTRIBUTORS), DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LEROY'S® MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LEROY'S® MATERIALS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.f) LEROY'S®, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEROY'S® THIRD-PARTY WIRELESS CARRIER PARTNERS, LEROY'S® app© DISTRIBUTORS,) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION OR THE LEROY'S® MATERIALS IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT LEROY'S® OR ITS SUPPLIERS OR PARTNERS OR THIRD PARTY WIRELESS CARRIERS or LEROY'S® app© DISTRIBUTORS,) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION TO THE WIRELESS DEVICE OR TO YOUR COMPUTER THAT YOU ALLEGE IS CAUSED BY OR RELATED TO THE LEROY'S® MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LEROY'S® MATERIALS AT YOUR OWN DISCRETION AND RISK.g) THE LEROY'S® MATERIALS ARE INTENDED ONLY AS PERSONAL SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY SYSTEM, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE LEROY'S® MATERIALS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.h) YOU ACKNOWLEDGE AND AGREE THAT LEROY'S® HAS OFFERED THE LEROY'S® MATERIALS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LEROY'S®, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LEROY'S®. LEROY'S® WOULD NOT BE ABLE TO PROVIDE THE LEROY'S® MATERIALS OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
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If you believe that the LEROY'S® Materials include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work;
- A description of the allegedly infringed copyrighted work;
- Identification of the allegedly infringing material and where on this or LEROY'S® Materials the allegedly infringing material is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the infringing material on the LEROY'S® Materials is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the copyright owner.
The above information should be sent by email to legal@leroys.com.Or by mail to:
Leroy's Sportsbook
Attention: Legal Department/Copyright Notice
675 Grier Dr.
Las Vegas, NV 89119Or:
Phone: 702.735.0101
By fax: 702.735.0142
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If you believe that the LEROY'S® Materials include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:
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INTERSTATE NATURE OF COMMUNICATIONS ON LEROY'S® NETWORK
- When you enroll with Leroy's®, you acknowledge that in using Leroy's® Services to send electronic communications (including but not limited to email), you will be causing communications to be sent through Leroy's® computer networks, to portions of which are located in Nevada, and other locations in the United States and portions of which may located abroad. As a result, and also as a result of Leroy's® network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the service results in interstate data transmissions.
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SUBMITTING IDEAS, OR INNOVATIONS TO LEROY'S®
- By submitting ideas, suggestions, documents, proposals, products and/or technologies ("Ideas" or "Innovations") to Leroy's® through email or any suggestion or feedback links or mail, you acknowledge and agree that: (i) your Ideas and/or Innovations do not contain confidential or proprietary information, (ii) Leroy's®, and its parent company, subsidiaries or affiliated companies, are not under any obligation of confidentiality, express or implied, with respect to the Ideas and Innovations, (iii) Leroy's®, and its parent company, subsidiaries or affiliated companies shall be entitled to use or disclose (or choose not to use or disclose) such Ideas and Innovations for any purpose, in any way, in any media worldwide, (iv) Leroy's®, and its parent company, subsidiaries or affiliated companies, may have something similar to the Ideas and Innovations already under consideration or in development, (v) your Ideas and Innovations which are not subject to a patent, automatically become the property of Leroy's® , its parent company, subsidiaries or affiliated companies, without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from Leroy's® its parent company, subsidiaries or affiliated companies ,under any circumstances.
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GENERAL INFORMATION
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- Governing Law; Jurisdiction; Venue; Waiver of Jury Trial; Statute of Limitations. This Agreement and any action arising from or relating to its subject matter, whether at law or at equity for contracts or for torts, shall be governed by and construed and enforced in accordance with the laws of the State of Nevada without reference to conflicts of laws. The parties submit to personal jurisdiction in Nevada and venue in Clark County. Any action shall be pursued in the Eighth Judicial District Court, and THE PARTIES HEREBY EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO A TRIAL BY JURY AND TO INSTEAD PROCEED BY AND WITH A TRIAL ADJUDICATED BY A JUDGE AS THE SOLE FACT FINDER AND ARBITER OF LIABILITY. The parties agree that this Agreement excludes the application of the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Additionally, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to this Agreement and the use of the LEROY'S® Materials must be commenced within one (1) year after such claim or cause arose or you waive such claim or cause of action.
- Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
- Electronic Access, Electronic Notices, Electronic Signature. BY CLICKING ON THE "I ACCEPT" BUTTON YOU CONSENT TO LEROY'S® PROVIDING THE AGREEMENT IN ELECTRONIC FORM. YOUR AGREEMENT AND THE INTENT TO BE BOUND BY AN ELECTRONIC AGREEMENT APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS TO THE SERVICE, INCLUDING WITHOUT LIMITATION, AMENDMENTS AND NOTICES. To access and retain this electronic Agreement and use the Website and the LEROY'S® remote wagering account, you must have access to the World Wide Web either directly (via computer and modem) or through devices that access the web-based content and pay any applicable fees. You may save this Agreement in non-electronic form into any word processing program or print it. You have the right to receive this Agreement provided to you in electronic form. If you withdraw your consent and/or request a non-electronic copy of this Agreement, send such request to legal@leroys.com.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Leroy's® without restriction.
- Survival. All options, rights, and covenants contained herein that are intended to survive will survive the expiration or termination of this Agreement. Any provisions concerning the limitations of liability, disclaimers, and indemnification contained herein will survive any expiration or termination of this Agreement.
- Headings. The heading references herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof.
- No Liability Against Suppliers, LEROY'S® app© Distributors; Third Party Beneficiaries. You acknowledge and agree that (i) this Agreement is between you and Leroy's®, and not your wireless carrier or wireless device manufacturer ("Suppliers") or LEROY'S® app© Distributors and their subsidiaries, (ii) Leroy's®, and not the Suppliers, or LEROY'S® app© Distributors, is solely responsible for the LEROY'S® Materials including LEROY'S® app©, (iii) the Suppliers and LEROY'S® app© Distributors have no responsibility whatsoever to furnish any maintenance and support services with respect to the LEROY'S® Materials including LEROY'S® app© (as stated in Section 29), (iv) to the maximum extent permitted by applicable law, the Suppliers and LEROY'S® app© Distributors will have no other warranty obligation whatsoever with respect to the LEROY'S® Materials including the LEROY'S® app©, (v) the Suppliers and LEROY'S® app© Distributors are not responsible for any claims (including, product liability claims, any claims that the APP fails to conform to any applicable legal or regulatory requirement, or arising under consumer protection or similar legislation) that you or third-parties have arising out of your use of the LEROY'S® Materials including LEROY'S® app©, (vi) the Suppliers and LEROY'S® app© Distributors will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the LEROY'S® Materials infringe on a third party's intellectual property rights (as stated in Section 11 LEROY'S® Proprietary Rights), and (vii) the Suppliers and LEROY'S® app© Distributors and their subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of this Agreement, the Suppliers and LEROY'S® app© Distributors will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
- Commercial Items. The LEROY'S® app© and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and Unpublished-rights reserved under the copyright laws of the United States.
- Entire Agreement. This Agreement, as it may be amended from time to time, including any documents referred to herein, constitutes the entire and exclusive statement of Agreement between the parties with respect to its subject matter, superseding any and all previous proposals, representations or statements, oral or written. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, nor agreement of the other party except for those expressly contained in this Agreement. Any representations, warranties, or promises alleged between the parties pertaining to the subject matter of this Agreement that differ in any way from this Agreement's provisions are of no effect. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. There are no conditions precedents to the effectiveness of this Agreement other than those expressly stated in this Agreement.
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WHAT TO DO IF YOU ARE AWARE OF A VIOLATION
- You agree that if you witness or become aware of any Leroy's® user activity that violates the Terms of Service, and/or Rules then in effect, you shall as soon as practicable report it to us at legal@leroys.com. We cannot guarantee that any action will be taken as a result of your email, but we appreciate your assistance in bringing it to our attention.
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NOTIFY US OF ACTS CONTRARY TO THIS AGREEMENT
- If you believe that you are entitled or obligated to act contrary to this Agreement or any mandatory laws, you agree to provide us with detailed thirty (30) days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
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MAINTENANCE AND SUPPORT FOR LEROY'S® app©
- Leroy's® is solely responsibly for providing any maintenance and support services for the LEROY'S® app©, as specified in this Agreement in Section 26 or as required under applicable law. You acknowledge and agree that the LEROY'S® app© Distributors have no obligation whatsoever to furnish any maintenance and support services for the LEROY'S® app©. If you have any questions, complaints, or claims, with respect to the LEROY'S® app© or require assistance please contact us.
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CONTACTING US
- You may contact us by email at support@leroys.com, contact@leroys.com, marketing@leroys.com or legal@leroys.com or at the following address: 675 Grier Dr., Las Vegas, NV 89119. You may also call 702.735.0101.
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PROBLEM GAMBLING
- Leroy's® encourages responsible gaming by educating its employees and by making problem gambling information available to its customers at its Sportsbook counters and on Leroy's® website. If you suspect you or someone you know may be experiencing some of the warning signs of problem gambling please visit Leroy's® website at www.leroys.com/responsible_gaming/ or the Nevada Council on Problem Gambling at www.nevadacouncil.org or call the Problem Gamblers HelpLine at 1-800-522-4700 for confidential information and assistance.
U.S. Patent Pending on the LEROY'S® app©- IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT" BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL, OR OTHERWISE USE Leroy's® app© OR SERVICES.
END
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