TERMS AND CONDITIONS OF USE

Welcome to RacelineBet.com operated by RacelineBet. Inc. (“RLB”).  RLB provides you with this website as a marketing portal (the “Site”) in order to facilitate wagering between you and participating host tracks through AmericaTab, Ltd. (the "Services").  Please read these terms and conditions carefully, as they govern your use of the Site and Services. 

RLB does not administer any wagering account, and does not process any wagers.  All accounts and wagering are administered by AmericaTab, Ltd. ("AmericaTab") in accordance with its policies, terms and conditions.

By using the Site or the Services, you agree to all of these terms and conditions.  If you disagree with any of these terms, you should refrain from use of the Site or the Services.  RLB reserves the right to change or discontinue the service, any aspect of the service, or these terms and conditions, at any time, without notice.

RLB OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THIS AGREEMENT. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND RLB.

ACCOUNT SET UP AND ADMINISTRATION

Your account (“Account”) will be established and administered by AmericaTab subject to AmericaTab's policies, terms and conditions.  In establishing your Account, you must provide certain personal information to AmericaTab.  You agree that RLB may have access to this personal information.  You acknowledge that all information you provide is true, complete and accurate, and agree that RLB may use such information in accordance with its Privacy Policy Statement (as set forth below). 

No person other than you may place any wagers through your Account.  You are legally responsible for all wagers placed through your Account so it is important that you maintain the secrecy of your account information and PIN.  By opening an Account, you authorize RLB and AmericaTab to accept any communications or instructions made through the Site with your Account number and PIN.  You agree to pay all charges posted to your Account.  In the event of late payment, you will be responsible for penalties as allowed by law, and any attorney fees and other costs of collection. Your account may be suspended or canceled if delinquent.

DEPOSITS AND WITHDRAWALS

Deposits to your Account can be made by credit card, debit card, check, money order, cashiers check, or wire transfer or other method approved by AmericaTab.  Deposits can be made through the Site, over the automated telephone interface provided in connection with your Account, or in person through a teller at various racetracks and wagering locations.  All deposits and withdrawals are processed by AmericaTab in accordance with its terms and conditions.  These terms and conditions apply to all transactions involving RLB, regardless of whether such transactions are effectuated through the Site, over the telephone, or in-person with a teller.

USE OF THE SERVICE

RLB encourages responsible gaming.  The Site and Services are for your personal use only. You will not use the Site for commercial purposes. You will not use the Site in any way that is unlawful, or harms RLB, its affiliates, service providers and/or vendors or any customer of RLB. Without limiting the generality of this section, you may not use the Site in any manner that could damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with any other party's use and enjoyment of the Site.

You are fully responsible for your activities while using the Site, and you shall bear all risks associated with using the Site. You agree not to use the Site to engage in any prohibited conduct.  Prohibited conduct includes, but is not limited to, using this Service to: (a) intercept or interfere with any communication; (b) violate the security or integrity of, or gain unauthorized access to, this Site or any other service or system; (c) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system or data; (d) send "spam" or other unsolicited communications to any party; (e) create a "mail drop" for such communications, or engage or permit e-mail relay services; (f) impose an unreasonably large load on any system or infrastructure; (g) commit fraud; (h) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way; (i) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (j) send or receive any material that you do not have a right to make available; (k) engage in conduct that would expose RLB or its affiliates to civil or criminal liability; or (l) assist others in engaging in prohibited conduct.

WAGERING

Wagers are received and processed by AmericaTab. All wagers facilitated by RLB, regardless of whether they are placed through the Site, over the automated telephone interface provided in connection with your Account, or in person through a teller at various racetracks and wagering locations, are subject to these terms and conditions.  RLB shall have no liability for any cancelled or ineffective wager, or any failure to receive or place a wager with a host track.

GEOGRAPHIC RESTRICTION

YOU SHALL NOT UNDER ANY CIRCUMSTANCES OPEN OR ACCESS AN ACCOUNT THROUGH THE SITE WHILE RESIDING OR LOCATED IN A JURISDICTION IN WHICH PARI-MUTUEL WAGERING IS FORBIDDEN. PLACING A WAGER WHILE IN ONE OF THESE JURISDICTIONS MAY RESULT IN YOUR CRIMINAL PROSECUTION.

 
INTELLECTUAL PROPERTY RIGHTS

This Site, the content provided herein, including but not limited to text, photos, video, graphics, audio, race information, statistics, and any software that is made available for download from this Site (collectively "Content"), is the copyrighted work of RLB and its affiliates or is licensed by RLB from third parties.  The Content is made available for downloading solely for use by you. Any reproduction or redistribution of the Content, or any portion of the Content, not in accordance with this Agreement is expressly prohibited by law and may result in civil or criminal penalties.  The Site includes references to trademarks of RLB and others.  Nothing contained on the Site should be construed as granting any license or right to use any Content or trademark displayed on the Site without the written permission of RLB or such third party that may own the Content or trademarks displayed on the Site.

EXPORT CONTROLS

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

 
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

RLB hereby disclaims all warranties with regard to the Site, the content, or ANY Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. RLB makes no representations about the completeness, accuracy, timeliness, continuity, appropriateness, and suitability for any purpose, of any information contained in the Site. In no event shall RLB (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) be liable for any special, incidental, punitive, indirect, or consequential damages or any damages whatsoever resulting from the use, or loss of use, of the service or the Site, OR ANY INFORMATION OR CONTENT CONTAINED ON THE SITE regardless of the nature of the action.

YOU ACKNOWLEDGE AND AGREE THAT RLB IS A MARKETING PORTAL, AND THAT ACCOUNT ADMINISTRATION AND WAGER PROCESSING ARE HANDLED DIRECTLY BY AMERICATAB.  RLB MAKES NO WARRANTY WHATSOEVER REGARDING ANY SERVICES PROVIDED BY AMERICATAB.  RLB DISCLAIMS ANY AND ALL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE ACTS OR OMISSIONS OF AMERICATAB.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES AND THE SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. RLB DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.  NO ORAL STATEMENT OR INFORMATION GIVEN BY RLB (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) SHALL CREATE A WARRANTY.

If you are dissatisfied with the Site or any of RLB’s terms, conditions, rules, policies, guidelines or practices, or otherwise have a dispute with RLB, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Site. 

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such case, in no event shall RLB’s total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the AMOUNT RECEIVED BY RLB FOR FACILITATING THE WAGER TRANSACTION AT ISSUE OR $100, WHICHEVER IS LESS.

AVAILABILITY AND ACCURACY OF INFORMATION

RLB makes no commitment to update any information provided on the Site, including but not limited to omission or misstatements of track program, past performances and late changes of race information.

FORCE MAJEURE

RLB shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, network or pipeline disruption, severe weather conditions, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, accidents, acts of God, or any other causes beyond RLB’s control.

 
EXTERNAL LINKS

The Site may contain hyperlinks to other websites owned and operated by third parties, including links for account set up and wagering through AmericaTab.  The linked sites are not under RLB’s control and RLB is not responsible for the contents of any third party web site or any information or services provided by such third parties. The presence of any hyperlink does not imply endorsement by RLB of the linked web site.

 
NOTICE OF INDEMNIFICATION

You agree to defend, indemnify and hold harmless RLB, its parent companies, subsidiaries, affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of the Site or Services, or the use of any third party websites or services, including but not limited to any website or services provided by AmericaTab.

ARBITRATION; BINDING LAW

All disputes arising between you and RLB, out of or in relation to or in connection with this Site, or Services provided to you by RLB, including without limitation any statutory, common law, regulatory, local, state, federal or constitutional claims, shall be finally resolved by arbitration conducted in Franklin County, Ohio, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. A single arbitrator having at least five (5) years experience practicing law in the area of gaming will be selected by you and RLB to resolve the dispute, and the decision of the arbitrator shall be final and binding upon all parties. Your filing fees and administrative fees (including any arbitrator’s fees, hearing fees, and case management fees) shall not exceed $500; to the extent that such fees exceed $500, such fees will be paid by RLB.  You will, however, be responsible for paying your own attorneys’ fees and related expenses, including witness fees (if any). Any questions involving contract interpretation shall be made in accordance with the laws of Oregon without regard to the laws of conflict. In addition, you agree that any arbitration that you initiate that arises from or relates to this Agreement, the Site, or Services provided by RLB must be initiated within one (1) year from the date on which your claim accrues, and that no claim may be asserted after that time.  YOU FURTHER AGREE THAT NO CLAIM IN THE NATURE OR FORM OF A CLASS ACTION WILL BE ASSERTED IN THE ARBITRATION PROCEEDING. Notwithstanding the foregoing agreement to arbitration, RLB shall have the right to bring legal action against you in a court of law to protect and enforce RLB's intellectual property or indemnification rights, including recovery of any damages.  IN THE EVENT THAT ANY SUCH ACTION IS INITIATED BY RLB, YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN FRANKLIN COUNTY, OHIO FOR PURPOSES OF SUCH ACTION AND YOU WAIVE ANY OBJECTION TO PERSONAL JURISDICTION, VENUE, OR FORUM NON CONVENIENS IN SUCH COURTS.  IN ADDITION, YOU WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION.

 
TERMINATION OF AGREEMENT

In the event that you wish to terminate your use of the Site or Services, the rights and obligations under this Agreement, including but not limited to the provisions relating to warranty disclaimers, limitations of liability and of remedy, and arbitration, shall survive indefinitely.  Termination of your Account is handled by AmericaTab in accordance with its policies and procedures. You understand and agree that the termination of your Account, and discontinuing use of the Site, is your sole right and remedy with respect to any dispute with RLB, the Site, or any of its terms, conditions, rules, policies, guidelines or practices.

PRIVACY POLICY STATEMENT

RLB respects your privacy and the sensitivity of your personal information.  You consent to RLB’s having access to your personal information that you provide AmericaTab and consent to RLB’s use of such information to help design, improve and market RLB's products and services, or in any other fashion deemed reasonably appropriate by RLB, which may include the sale, sharing or release of such personal information (with the exception of personal financial information) with/to RLB’s parent companies, subsidiaries, affiliates and other third parties. You acknowledge that, in the event of an investigation by state or federal authorities, RLB may disclose said personal information, and you release RLB of all liability in this regard to the fullest extent possible by law.

MISCELLANEOUS

You agree that if any provision(s) of this Agreement is(are) determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision, and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement constitutes the entire agreement between you and RLB regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and RLB regarding its subject matter. This Agreement may not be modified orally, but may only be modified in writing through the posting of revised terms and conditions through the Site. Any rights not expressly granted herein are reserved by RLB.

RLB reserves the right to make changes to the Site and these terms and conditions at any time, which changes shall become effective immediately upon posting on the Site.

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