index.php

Terms and Conditions

These Terms and Conditions are effective as ofJanuary 8, 2021.

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION I BELOW.

 

A.  INTRODUCTION

 

  1. By using, visiting, and/or accessing any part (including, but not limited to, sub-domains, source code and/or website APIs, whether visible or not) of the marketcappers.com website or any other websites or applications that we own or operate (the “Website” or the “MarketCappers Platform”), registering on the Website, creating an account via mobile devices including downloadable applications, or using any of our third-party handicappers' services you agree to be bound by (a) these Terms and Conditions; (b) our House Rules; and (c) our Privacy Policy as further referenced at paragraph 2 below (together with the "Terms" or “Agreement”), and are deemed to have accepted and understood all the Terms.

    Please read the Terms carefully and if you do not accept the Terms, do not use visit, or access any part (including, but not limited to, sub-domains, and source code and/or website APIs, whether visible or not) of MarketCappers

 2. Where you participate in information or written material provided to you by MarketCappers or third party handicappers, you accept and agree to be bound by, the Rules which apply to the applicable products available through the MarketCappers Platform from time to time. Any information or written material provided to you by www.marketcappers.com including, but not limited to, information or written material concerning third-party vendors or service providers should not be construed as advice or in any way an endorsement or recommendation given by MarketCappers. The Rules can be found under the Terms & Conditions tab of the applicable section of the Website, or more specifically at:

 

(a) the Rules for MarketCappers products are;

 

You Are Prohibited From And Agree Not To:

 

  1. republish material from this website in either print or digital media or documents (including republication on another website);
  2. sell, rent, or sub-license material from the website;
  3. show any material from the website in public;
  4. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  5. edit or otherwise attempt to modify any material on the website in any way;
  6. redistribute material from this website – except for content specifically and expressly made available for redistribution.

 

3. The terms “MarketCappers”, “we”, “our” or “us” refers to MarketCappers LLC, a Limited Liability Company, and its principal place of business located in Atlanta, Georgia 30005. the MarketCappers Platform, Services, system, etc. are operated and controlled by MarketCappers under a Partnership Agreement.

 

4.The terms "you", "your", and/or the "customer" refers to any person using the Website or a MarketCappers account and/or any registered customer of MarketCappers.

 

5.We may need to change the Terms from time to time for one or more reasons (including the need to comply with applicable state and federal laws, codes, statutes, and regulations, and regulatory requirements). Any minor or insubstantial changes may be made at any time and you are advised to review the Terms on a regular basis. The most up to date Terms will be available on the Website. To obtain a copy of these Terms at any time Contact Us. You will be notified of all major changes not less than 15 (fifteen) days in advance of such changes taking effect. If you find that any major or minor change is unacceptable, you should immediately cease using the MarketCappers Platform and/or close your account. If, however, you continue to use the MarketCappers after the date on which the major or minor changes to the Terms become effective, you will be deemed to have acquiesced and accepted those changes in all respects and you will be bound by those changes as if you had specifically agreed to the changes.

 

B. YOUR MARKERCAPPERS ACCOUNT

 

  1. Eligibility and Application

 

 1.1  It is a criminal offense for anyone under the age of 18 (eighteen) to participate in our subscription, and no one under the age of 18 (eighteen) is permitted to use the MarketCappers Platform or any of the various MarketCappers Services. We reserve the right in our sole discretion to request proof of age or re-confirm such information from you at any time. We have the sole and exclusive right and authority to terminate your account and prohibit you from using the MarketCappers Platform if proof of age is not provided or if we suspect that you are not at least 18 (eighteen) years old.

 

1.2 All information you have supplied when registering with the site MUST be accurate and complete in all respects. Where this is not the case, we reserve the right to suspend the account and treat any deposits into the account as being invalid. Where an account is suspended, the relevant customer should Contact Us.  You understand and agree that we are unable to provide you with any legal advice or assurances, and we make no representation or warranty, in respect of the legality of your use of the MarketCappers Platform. You are solely responsible for confirming that your registration with, and use and continued use of, the MarketCappers Platform complies with all laws that apply to you. You represent, warrant, and agree to ensure that your use of the MarketCappers Platform will comply with all applicable laws and regulations. Please consult your own legal counsel if you have any questions about the legality of your use of the MarketCappers Platform.

 

1.3  MarketCappers may confirm a customer’s address by mailing an address verification letter to the customer. All correspondence will be discreet, and the envelope will not display any reference to MarketCappers. When such correspondence is initiated, all offers and withdrawal requests may remain pending until the address has been confirmed as correct.

 

1.4  By accepting the Terms, using the Website and/or registering to use the MarketCappers Platform you hereby agree that we shall be entitled to conduct and process your information in relation to any and all such identification, credit, and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the MarketCappers Platform and our products generally. You agree to provide all such information as we require in connection with such verification checks. We are authorized to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.

 

1.5  Customers may open only one account, and you must register using your own legal name. You may only access the MarketCappers Platform from your own account and you are prohibited from permitting any other person to access or use your account.

 

1.6  Customers  must keep their registration and account details up to date. This, and your account information, may be amended in the Personal section of the Website. If you require any assistance, please Contact Us.

 

2. Account Details

 

2.1.      MarketCappers allows its customers to choose their own Username/Password combination for their account. Customers must keep this information secret and confidential as you are responsible for all information provided to your account and any other activities taking place on your account. At your option, you can elect to require “strong authentication” for your account.

2.2.      Information or written material will stand if your Username and Password have been entered correctly (whether authorized by you), subject to subscription.

2.3.      If, at any time, you forget your password or feel or know that a third party is aware of your Password you must immediately change your password via the Website.  Should you forget all or part of your login credentials, please visit Contact Us on the homepage.

2.4.      Please note that cardholder details and any other sensitive data should never be sent to us by unencrypted email.

2.5.      The current balance and transaction history of your account may be viewed at any time once you have logged into your account on the Website.

 

3. Personal Details

 

3.1.      Use of MarketCappers and the MarketCappers Platform is subject to the terms of our Privacy Policy, which are terms and conditions are incorporated into and made part of these Terms. By using the MarketCappers Platform, you acknowledge that you have read and agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the MarketCappers Platform, account registration, and any other personal information provided by you, in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

 

4. Suspension and/or Closure of MarketCappers Account

 

4.1.      If you want to close your account, you can do this by visiting the Members section or please Contact Us.

4.2.      MarketCappers, in its sole and exclusive discretion and determination, reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, MarketCappers shall be entitled to close or suspend your account if:

(a)       you or anyone operating on your behalf declares bankruptcy or you otherwise become insolvent;

(b)       we consider that you have used your MarketCappersaccount in a fraudulent manner or for illegal and/or unlawful or improper purposes;

(c)       we consider that you have unfairly used MarketCappers, have deliberately cheated or taken unfair advantage of MarketCappers or any of its customers, or if your account is being used for the benefit of a third party;

(d)       MarketCappers is requested to do so by any law enforcement (federal, state, or local) agency, any governmental regulatory authority, or in response to an order or directive of a federal, state, county, or municipal court of competent jurisdiction;

(e)       we reasonably and objectively consider that any of the events referred to in (a)through (c) above may have occurred or are likely to occur; or

(f)        your account is deemed to be dormant and its balance is or reaches zero in accordance with paragraph B.5.1 below.

 

4.3.       If MarketCappers closes or suspends your account for any of the reasons referred to in (a) to (e) above, you shall be liable for any and all claims, losses, liabilities, damages, attorney’s fees, litigation costs, expert fees, travel, and lodging expenses, and any and all other expenses incurred or suffered by MarketCappers (together “Claims”) arising therefrom and shall indemnify and hold MarketCappers harmless on demand for such Claims. In the circumstances referred to in (a) to (e) above, MarketCappers shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (Credits).

 

4.4.      A breach of any of the Terms set forth herein may also constitute a criminal, administrative, regulatory, and/or civil. You may be subject to criminal, civil, administrative, equitable, and/or regulatory action, including prosecution.  MarketCappers reserves the right to cooperate with law enforcement, the judicial systems, and other administrative/regulatory authorities in investigating claims of suspicious or presumed illegal activity on the part of MarketCappers or someone illegally or inappropriately operating a MarketCappers account in violation of federal, state, and/or local laws, codes, and regulations.

 

5.         Dormant Accounts

 

5.1.      Your account will be deemed “dormant” if you have been ‘inactive’ for a consecutive period of not less than 365 days in accordance with the following procedure.  An account is deemed to be ‘inactive’ during any period in which a successful deposit does not take place.

5.2.      In accordance with applicable laws and regulations, if your account becomes dormant, the funds in your account will be forfeited.

 

 

C.        YOUR FINANCES

 

1.         Deposits

 

1.1.      You understand and agree that there will be no refunds of any credit card payments or guarantees of any predicted outcomes and that the subscription set forth herein have been fully earned upon receipt thereof.  Should you decide to terminate this agreement prior to its contemplated completion, no refunds will be issued as the subscription was fully earned upon payment thereof.

1.2.      Unless otherwise stated, all examples given on the Website are in United States Dollars (USD or $US).

1.3.      MarketCappers shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your ‘unauthorized’ use of the MarketCappers including activities which are not for an authorized purpose.

 

2. Payment to Handicappers

 

2.1. MarketCappers offers bettors the option to subscribe to Premium Handicappers. Currently, MarketCappers offers two paid memberships: (1) Weekly, and (2) Monthly. For its service in marketing Premium Handicappers to active bettors on the site, MarketCappers will receive a commission of TWENTY PERCENT (20%) of the Weekly or Monthly membership fee. MarketCappers reserves the right to change this policy at any time.

 

3.         Other

 

3.1.      If we incur any charge-backs, reversals, and/or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred.

3.2.      We may, at any time and without any prior notice to you, set off any credit balance on your account against any amounts owed by you to MarketCappers or any company within the MarketCappers group.

3.3.      You are solely responsible for reporting your winnings and losses to the applicable federal, state, and/or local tax authorities and/or other appropriate revenue authorities within your home jurisdiction.

 

D.        HANDICAPPING PROCEDURES

 

1.      Handicapping

 

1.1. Any information or written material provided to you by www.MarketCappers.com including, but not limited to, information and/or written material concerning third-party vendors and/or service providers should not and will not to be construed as advice or in any way an endorsement and or recommendation made or given by MarketCappers for such third-party vendors and/or service providers.

 

1.2 All subject matter provided on www.MarketCappers.com is solely and exclusively intended for informational and entertainment purposes only. You specifically agree that MarketCappers is not and will not be liable for any destructions nor compensations which may result from falsification of age by a user of our website. The owners of this website make no representation as to the accuracy, exactness, or completeness of any material not contained on this site or contained on websites accessed via any third-party links discovered.

 

1.3 Opinions expressed are current opinions only as of the date indicated. You agree that MarketCappers does not have any responsibility to update any opinions and/or other information contained in this material and does not have any liability for the failure to update any material.

 

1.4 Neither MarketCappers, nor the PARTNERS, nor any THIRD-PARTY handicappers, makes any warranty, either express or implied, of any kind whatsoever, or assumes any responsibility for any losses, damages, costs, and/or expenses, of any kind or description, relating to the adequacy, accuracy, or completeness of this material or its use including, but not limited to, information provided by third parties. You should not construe silence by MarketCappers, or the Partners, or any third-party handicappers as approval or endorsement of any statements made by one or more third parties.

 

E.        USE OF MarketCappers

 

1.         Website Content and Permitted and Prohibited Uses

 

1.1.      Information or data accessed by you via the MarketCappers Platform or any part of the Website (including but not limited to results, statistics, sporting data and fixture lists, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information or data is strictly prohibited.  No warranty of any type, express or implied, is given as to the uninterrupted provision of such information or data, its accuracy, or as to the results obtained through its use.  The information is not intended to amount to, constitute, or represent advice or recommendations and is solely provided for information purposes only. You agree that MarketCappers will not be held liable for any damages, costs, and/or expenses you may incur should you chose to rely upon such advice or recommendations when placing bets/wagers. Doing so is done solely at your own risk and discretion.

1.2.      Any commercial use or exploitation of the whole or any part of, the MarketCappers Platform, the Website, the information or data on the Website (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), and/or any other information or data on the Website its content and/or its source code is strictly prohibited.

1.3.      The use of automated systems or software to copy and/or extract the whole or any part of, the Website, the information or data on the Website (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), and/or any other information or data on or contained within or as part of from the Website and/or its source code for any purposes (known as "screen scraping") is strictly prohibited.

 

2.         Your Electronic Equipment

 

2.1.      Your computer equipment or mobile device and internet connection may affect the performance and/or operation of MarketCappers.  MarketCappers does not guarantee that MarketCappers will operate without faults or errors or that MarketCappers will be provided without interruption. You agree that MarketCappers does not have any liability for any failures or issues that arise due to problems and/or outages involving your equipment, internet connection, or internet or telecommunication service provider (including, for example, if you are unable to place bets or wagers or to view or receive certain information in relation to particular events, etc.).

 

3.         Fair Use

 

3.1.      MarketCappersand MarketCappers products may only be used for the purposes of predictions on events and/or gaming products.

3.2.      You must not use the MarketCappers for the benefit of a third party or for any purpose which (in MarketCappers’ sole discretion and opinion) is illegal, defamatory, abusive, racist, or obscene, or which MarketCappers considers (in its sole discretion) discriminatory, fraudulent, dishonest or inappropriate.

3.3.      MarketCappers reserves the right to seek criminal, civil (legal or equitable), administrative, regulatory, and/or and contractual injunctive relief, sanctions, damages, and/or penalties, against any customer involved in fraudulent, dishonest, or criminal acts via or in connection with the MarketCappers Platform or MarketCappers products. You agree that MarketCappers is authorized to withhold payment to any customer where any of these are activities are suspected or where the payment is suspected to be for the benefit of a third party. You agree to indemnify and hold MarketCappers harmless from any third-party claims and to, if applicable, pay MarketCappers, on-demand, all Claims (as defined in Subparagraph B.4.3 hereinabove) arising directly or indirectly from your (the customer’s) fraudulent, dishonest, and/or criminal actions and/or inactions.

3.4.      You are prohibited from using automated computerized software or other equivalent mechanisms, such as a “bot”, in connection with your use of the MarketCappers Platform, including for the purposes of obtaining predictions on sportsbook or gaming products.

 

4.         Software and Technology Issues

 

4.1.      In order for you to use certain products offered through MarketCappers you may need to download some software (for example, casino games that are made available via a flash player). Also, certain third-party product providers may require you to agree to additional terms and conditions governing the use of their products. If you decline to accept those third-party terms and conditions, you should not use the relevant third-party software. You agree that MarketCappers is not responsible for and does not accept any liability regarding your decision to use any third-party software.

4.2.      You are only permitted to use any and all software made available to you via the MarketCappers Platform for the purpose of using products on the MarketCappers Platform and, save to the extent permitted by applicable law, for no other purposes whatsoever.

4.3.      We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using products on the MarketCappers Platform, in accordance with the following provisions.

 

(a)       You are not permitted to nor authorized to:

(i)         install or load the software onto a server or other networked device or take other steps to make the software available via any form of "bulletin board", online service or remote dial-in or network to any other person;

(ii)        sub-license, assign, rent, lease, loan, transfer, or copy (except as expressly provided elsewhere in these Terms) your license to use the software or make or distribute copies of the software;

(iii)       enter, access or attempt to enter or access or otherwise bypass MarketCappers’ security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the MarketCappers Platform or attempt to make any changes to the software and/or any features or components thereof; or

(iv)      copy or translate any user documentation provided 'online' or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs, you are not permitted to:

(A)       translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or

(B)       reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.

 

(b) You do not own the software. The software is owned and is the exclusive property of MarketCappers or a third-party software provider company (the "Software Provider"). Any software and accompanying documentation that has been licensed to MarketCappers are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.

 

(c) The software is provided "as is" without any warranties, conditions, undertakings or representations.  You agree that MarketCappers does not warrant that:

  1. the software will meet your requirements;
  2. the software will not infringe any third party’s intellectual property rights;
  3. the operation of the software will be error free or uninterrupted;
  4. any defects in the software will be corrected; or
  5. the software or the servers are virus-free.

 

(d) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither MarketCappers nor the Software Provider will have any liability to you or any third party in respect of such errors. MarketCappers reserves the right in the event of such errors to remove all relevant products from the MarketCappers Platform or the Website and take any other action to correct such errors.

 

(e) You hereby acknowledge that how you use the software is outside of and beyond MarketCappers control and is performed solely at your own risk and responsibility.

 

(f)  The software may include confidential information which is secret and valuable to the Software Provider and/or MarketCappers. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms.

 

4.4.      While MarketCappers endeavors to ensure that the Website is available twenty-four (24) hours a day, you agree that MarketCappers is and will not be held liable if for any reason the MarketCappers system (including the MarketCappers Platform) is unavailable at any time or for any period.  We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of MarketCappers and the content or services or products available through the MarketCappers Platform, including your access to the MarketCappers Platform.

 

4.5.      You are prohibited from misusing the MarketCappers Platform by introducing viruses, Trojans, worms, logic bombs, and/or any other material (whether electronic or otherwise) which is or may be found to be malicious and/or technologically harmful. In particular, you must not access without authority, interfere with, damage, or disrupt the MarketCappers Platform or any part of the MarketCappers Platform; any equipment or network on which the MarketCappers Platform or any associated systems are stored; any software used in connection with the provision of the MarketCappers Platform; or any equipment, software or website owned or used by any third-party. You are prohibited from attacking the MarketCappers Platform via a denial-of-service (DOS) attack. Except to the extent MarketCappers may not have taken commercially reasonable steps, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the MarketCappers Platform, software or to your downloading of any material posted on it, or on any website linked to it.

 

5.         Third Party Content

 

5.1.      MarketCappers receives feeds, commentaries, and content from a number of third-party vendors and suppliers. Certain third-party product providers may require you to separately agree to additional terms and conditions governing the use of their feeds, commentaries, and content. If you do not accept the relevant third-party terms and conditions, you should not use the relevant feeds, commentaries, or content.

5.2.      You agree that MarketCappers shall not be liable in any manner respecting any third-party feeds, commentaries, and content.

5.3.      MarketCappers prohibits all employees and anyone else in any way connected to such employee or anyone otherwise connected to a third-party service provider (to be determined in MarketCappers' absolute discretion) to make a prediction on any market or event where the third-party service provider is providing a service to MarketCappers.

5.4.      Where the MarketCappers Platform contains links to third-party websites and resources, these links are provided for your information only. MarketCappers does not have input and/or control over the content of these sites or resources, and you agree that MarketCappers does not accept liability for them or for any loss or damage which may arise from your use of them. The inclusion of a link on the MarketCappers Platform to a third-party website does not constitute MarketCappers' endorsement of that third party's website, product, or services (if applicable).

 

6.         Other

 

6.1.      MarketCappers actively monitors traffic to and from the MarketCappers Platform.  MarketCappers reserves the right in its sole discretion to block access to the MarketCappers Platform where there is any evidence indicative of automated and/or robotic activity.

6.2.      MarketCappers reserves the right to restrict access to all or certain parts of the MarketCappers in respect of certain jurisdictions.

6.3.      MarketCappers may alter or amend the products offered via the MarketCappers Services at any time and for any reason.

6.4.      From time to time, all or part of the MarketCappers Platform may be unavailable for your use due to routine system maintenance of the MarketCappers Platform and/or alteration or amendment of any of the MarketCappers products.

 

F.         OUR LIABILITY

 

YOU EXPRESSLY AGREE THAT YOU HAVE READ, REVIEWED, AND FULLY UNDERSTAND THE FOLLOWING TERMS AND CONDITION CONCERNING MARKETCAPPERS’ LIABILITY:

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, the MarketCappers Platform, SYSTEMS, SERVICES, ETC. ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, MarketCappers AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND MarketCappers VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, "MarketCappers AND ITS AFFILIATED PARTIES") EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO the MarketCappers Platform, SYSTEM, SERVICES, ETC. WHETHER EXPRESS OR IMPLIED.
  2. TO THE FULLEST EXTENT PERMITTED BY LAW, MarketCappers AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE the MarketCappers Platform, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANY MARKETING OF the MarketCappers Platform; (C) FOR ANY DEFECTIVE FEATURE, FUNCTION, OR COMPONENT OF the MarketCappers Platform; (D) FOR ANY INCORRECT OR INACCURATE INFORMATION, (E) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (F) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BET365 SERVICES, OR (G) FOR ANY OTHER MATTER RELATING TO the MarketCappers Platform. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION, ATTORNEY'S FEES, ANY LITIGATION COSTS AND EXPENSES WHATSOEVER OR THE LIKE), WHETHER BASED ON CLAIMS OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND INTENTIONAL ACTS), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MarketCappers AND YOU. the MarketCappers Platform WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MarketCappers AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF ANY DEPOSITS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS UNDER THESE TERMS) REMAINING IN YOUR ACCOUNT AT THE TIME OF YOUR CAUSE OF ACTION OR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT HAVE ANY SUCH DEPOSITS IN YOUR ACCOUNT AT THE TIME OF SUCH CAUSE OF ACTION OR CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MarketCappers IS TO STOP USING the MarketCappers platform AND TO CANCEL YOUR ACCOUNT.
     
  3. IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO the MarketCappers Platform, AND RESULTING IN LOSS, CORRUPTION, OR MISCALCULATION OF DATA, TO THE FULLEST EXTENT PERMITTED BY LAW, MarketCappers, AND ITS AFFILIATED PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND MarketCappers SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY BY BET365 IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. MarketCappers IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.

 

4. TO THE FULLEST EXTENT PERMITTED BY LAW, MarketCappers AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY YOU HAVE ENGAGED TO GAIN ACCESS TO the MarketCappers Platform.

 

5. Nothing in these Terms shall exclude or limit MarketCappers liability, under the applicable law for the applicable jurisdiction and as permitted under such law, for:

(a)       death or personal injury caused by MarketCappers sole and exclusive negligence;

(b)       fraud or fraudulent misrepresentation; or

(c)       any liability which cannot be excluded or limited under applicable law.

 

G.        INTELLECTUAL PROPERTY RIGHTS

 

1.         All the trademarks, service marks, trade names, copyrights, graphics, audio, songs, logos, and other intellectual property used on or appearing through the MarketCappersPlatform belongs solely to us or our licensors. You acknowledge that by using the MarketCappers Platform, including through the downloading of any software, you do not obtain any rights of any nature (and shall not claim any such rights) in any content of the MarketCappers Platform, any downloaded software, or any part thereof, other than the license to use the same as provided for in these Terms.

 

2.         Under no circumstances may you use any content of the MarketCappers Platform without our prior written consent. You further agree to not use the MarketCappers Platformin any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with these Terms.

 

3.         If you make use of a feature that allows you to upload material, information, comments, postings, or other content to the MarketCappers Platform ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and MarketCappers has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. MarketCappers also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the MarketCappers Platform was in violation of their intellectual property rights or of their right to privacy. MarketCappers have the unilateral authority and right to remove, amend or edit any User Content you make on the MarketCappers services.

 

4.         You understand that all User Content, whether publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us for posting, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, etc.), do not use such information as part of your screen name or profile page, post it or submit it for posting to public-facing portions of the MarketCappers Platform. To the fullest extent permitted by law, we will not be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the MarketCappersPlatform

 

5.         By posting any User Content through the MarketCappers Platform, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the MarketCappers Platform or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the MarketCappers does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the MarketCappersPlatform

 

6.         We respect the intellectual property rights of others and require that MarketCappers customers do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to MarketCappers registered Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

•           A physical signature of the person authorized to act on behalf of the owner of the copyright;

•           A description of the copyrighted work that you claim has been infringed;

•           A description of where the material that you claim is infringing is located on the MarketCappersPlatform;

•           Your address, telephone number, and email address;

•           A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

•           A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Copyright Agent:

 

ATTN: Copyright Agent

MarketCappers LLC, a Georgia limited liability company

Atlanta, GA30005

Email:             info@marketcappers.com

 

H.        OTHER PROVISIONS

 

  1. These Terms, the Privacy Policy, the Rules, and any document expressly referred to in them and any guidelines or rules posted on the MarketCappers Platform constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the MarketCappers Platform you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether the party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.

 

2. In no event will any delay, failure, or omission (in whole or in part) in enforcing, exercising, or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

 

3.The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) do not exclude any other rights or remedies available in law.
 

4.If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
 

5.You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms that MarketCappers may from time to time reasonably require in order to vest in and secure to MarketCappers the full benefit of rights and benefits to be transferred or granted to MarketCappers under these Terms and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms.
 

6. Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms.
 

7. MarketCappers shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
 

8. MarketCappers may assign, transfer, charge, sub-license, or deal in any other manner with these Terms, or sub-contract any of its rights and obligations under these Terms, to any party including any company within the MarketCappers group.
 

9. Any notice to be given under these Terms must be in writing, in English and may be served by hand delivery, certified or registered mail, return receipt requested, postage prepaid, through a national overnight courier service, email or fax to: (a) in the case of MarketCappers, the address of the relevant MarketCappers company as set out at the beginning of these Terms or as displayed on the MarketCappers Services; and (b) in respect of notices given by MarketCappers to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to MarketCappers). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by overnight courier service, at 09.30 (Eastern Standard Time) on the day after the date of mailing; (c) if sent by prepaid certified or registered airmail, at 09.30 (Eastern Standard Time) on the fifth day after mailing; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.
 

10. The Appendices, the Privacy Policy, the Rules, and any document expressly referred to in them and any guidelines or rules posted on the MarketCappers form an integral part of these Terms and shall have effect as if set out in full in the body of these Terms. In the event of any inconsistency between the main body of these Terms and the Appendices, the Privacy Policy, the Rules and/or any document expressly referred to in them and any guidelines or rules posted on the MarketCappers, unless stated otherwise, the main body shall prevail

 

I. DISPUTES, GOVERNING LAW AND JURISDICTION

 

  1. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that all disputes, claims, and causes of action relating to this Agreement, the MarketCappers Platform, the Rules, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Georgia, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. PLEASE NOTE: YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO FILE SUIT IN A COURT OF LAW (INCLUDING ANY CLASS ACTION SUIT) TO ENFORCE YOUR RIGHTS UNDER THIS AGREEMENT. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (1) year after the claim arises. You agree that a proceeding commenced after this date is barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of the MarketCappers and its affiliates or other third-party licensors, and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

J.         Customer Complaints

 

1.         Any complaints should also be directed to our support team. If you have any complaint or issue relating to the MarketCappers Platform, you should in the first instance contact our support team as set out below. If you are not satisfied with the way that your complaint was handled by our support team, our management may intervene to resolve any outstanding grievance. You agree to follow and exhaust any grievance/dispute resolution policy we may put in place from time-to-time.

2.         If you have a complaint, pleaseContact Us.

 

K.        Responsible Gambling

 

1.         While Internet gambling is legal in over 80 countries, activities offered by advertising links to other websites may be deemed as illegal in your jurisdiction. It is the viewer's responsibility to inquire into the legality of partaking in any games and/or activities before proceeding. If you access this website from outside the United States, you do so at your own risk and are accountable for amenability by means of your local authority.

2.         The owners of this website assume no responsibility for the actions rendered by the viewer; we do not endorse any of these games and/or activities. As a condition of viewing this website, viewers agree to hold the owners of this company innocent from any claims arising from the viewer's participation in any of the games and or/activities offered by the advertiser.

3.         MarketCappers is not in any way responsible for any loss, liability, or damages, monetary or otherwise, that may occur from the use of information supplied.

4.         MarketCappers does not grant a license to and hereby expressly reserves all intellectual property rights relating to information owned by MarketCappers provided on its website or by e-mail.