TENNESSEE ACTION 24/7, LLC TERMS OF USE

(LAST UPDATED NOVEMBER 11, 2022) PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

The Terms of Use constitute a legal agreement between You and Tennessee Action 24/7, LLC, a Tennessee limited liability company (“ACTION 24/7”), and govern all use of this Website, including all content, information, and services provided on the Website and all betting and wagering services provided by ACTION 24/7 (“Services”). These Terms of Use further govern the use of ACTION 24/7’s Mobile Wagering Application (“Wagering App”) as set forth in more detail below.

If You disagree with any of the terms and conditions, We ask that You do not use this website or access any of its pages for any purpose. sportsbook.action247.com (“Website”) is owned by ACTION 24/7. ACTION 24/7 provides the Website to You, subject to these Terms of Use. By accessing, browsing, or using the Website, registering an account, or using the Services, You acknowledge that You have read, understood, and agree to be bound by Our Terms of Use, Privacy Policy and all such other of terms and conditions, rules or policies as they relate to any applicable Services (collectively “Terms”). ACTION 24/7 may update its Terms at any time, with or without notice to You. Each time You use or access the Website in any way, You agree to be bound by the Terms then in effect.

The Terms are subject to the Tennessee Sports Gaming Act, codified at T.C.A. § 4-51-301 et seq, as amended from time to time (the “Act”), the Sports Gaming Rules, Regulations, and Standards (“Rules”) of the Tennessee Sports Wagering Advisory Council (“SWAC”) promulgated thereunder, and other applicable law.

YOU MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND PHYSICALLY LOCATED IN THE STATE OF TENNESSEE TO PLACE A BET OR WAGER ON ACTION 24/7’s WEBSITE. ANYONE UNDER THE AGE OF 21 YEARS OLD OR FOUND TO BE USING THE SERVICES OUTSIDE OF THE STATE OF TENNESSEE WILL BE REPORTED TO LAW ENFORCEMENT FOR CRIMINAL PROSECUTION.

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

I. Definitions

For the purposes hereof:

“ACTION 24/7”, “Company”, “We”, “Us”, “Our” means Tennessee Action 24/7, LLC; “You”, “Your” means any person accessing, using, or attempting to access or use the Website, Wagering App or the Services;
“Website” means the website situated at https://sportsbook.action247.com; and
“Affiliate” means any legal entity or organization that controls, is controlled by, or is under common direction, management, or control with the relevant party, including its subsidiaries.

II. Privacy

Please review ACTION 24/7’s Privacy Policy for a description of Our privacy practices and an explanation of how ACTION 24/7 may use any personal information ACTION 24/7 collects on this website.

III. Opening and Maintaining an Account

A. In order to open and maintain an ACTION 24/7 player account (each an “Account”) with us, You hereby agree, represent and warrant that:

You are at least twenty-one (21) years of age and are legally capable of entering into binding contracts, including these Terms.
You are physically located within the State of Tennessee when placing wagers.
You are familiar with and agree to comply with all local, state, and federal laws concerning betting, gaming, gambling, and wagering (together “Wager(s)” and “Wagering”).
You are providing, and keeping up to date, accurate registration information, including Your correct date of birth, the last four digits of Your social security number, Your current address, email address and personal telephone number.
The Account is for your sole personal use only.
You are not prohibited for any reason from placing Wagers or from using the Services.
You have read and agree to abide by all Company Terms, and any other rules and terms set out by the Company from time to time.
You are not a Prohibited Participant (defined below).
You consent to mandatory binding arbitration and jurisdiction and venue in the State of Tennessee to resolve any dispute arising out of Your use of the Account.
You consent to monitoring and recording by the Company of any Wagering communications and geographic location information.
You acknowledge that the Company reserves the right to report any unusual or suspicious activity on the Account to the authorities.
You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to the appropriate taxing authorities.
You are solely responsible for any and all computer, electronic, internet or communication equipment, hardware, services, or software needed to use the Services.
You have reviewed and understand the rules and procedures of the games and Wagers, and, if needed, will seek advice or help when using Our Services.
You will not Wager through robot players, bots, programs designed to automatically place Wagers within certain parameters or any equivalent mechanism (a “bot”).
You will not choose a username or account name that is defamatory, offensive, pornographic or in any way intended to impersonate a real person or brand. The Company reserves the right to amend or terminate Your registration or Account in its sole and absolute discretion if it believes You are in violation of this provision.
You will not make offensive comments, use offensive or pornographic material, or make potentially defamatory or inflammatory remarks in relation to any ‘chat’ or ‘forum’ facilities We provide, and You accept that any postings made by You can be passed on to the relevant authorities should We deem this appropriate.
You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other device used to access the Account or otherwise take steps to prevent the Company from correctly identifying the actual IP address and location of the device used by You.

B. The following people are prohibited from opening an Account, using the Services, or collecting payouts or winnings therefrom (each a “Prohibited Participant”):

Any member, officer, or employee of the SWAC;
Any principal owner, partner, member of the board of directors, officer, or supervisory employee of Action 24/7 or any other Tennessee sports wagering licensee;
Any principal owner, partner, member of the board of directors, officer, or supervisory employee of a vendor of Action 24/7 or any other Tennessee sports wagering licensee;
Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of Action 24/7 or any other Tennessee sports wagering licensee, if they are directly involved in Our or any other Tennessee sports wagering licensee’s operation of sports wagering or the processing of sports wagering claims or payments through Our or any other Tennessee sports wagering licensee’s online sports wagering platform;
Any person subject to a contract with the SWAC if the contract contains a provision prohibiting the person from participating in sports wagering;
Any amateur or Olympic athlete if the wager is based on the sport or athletic event in which the athlete participates and that is overseen by the athlete’s sports governing body;
Any professional athlete if the Wager is based on any sport or athletic event overseen by the athlete’s sports governing body;
Any owner or employee of a team, player, umpire or sports union personnel, or employee, referee, coach, or official of a sports governing body, if the Wager is based on a sporting event overseen by the person’s sports governing body;
Any trustee or regent of a governing board of a public or private institution of higher education;
Any member of an advisory board established for University of Tennessee institutions;
Any person prohibited by the rules of a governing body of a collegiate sports team, league, or association from participating in sports wagering activities;
With respect to a student or an employee of a public or private institution of higher education, any person who has access to material non-public information concerning a student athlete or team, and the information is relevant to the outcome of a sporting event; provided, that the person is only prohibited from using the information to place a Wager on a collegiate sporting event;
Any person with access to information that is known exclusively to a person who is prohibited from placing a Wager in Tennessee under any of the above categories;
Any person having the ability to directly affect the outcome of a sporting event;
Any person who is on the SWAC registry of ineligible bettors or other exclusion list;
Any person whose participation may undermine the integrity of the Wagering or the sporting event;
Any person who is excluded from Wagering for any other good cause; and
Any person who makes or attempts to make a Wager as an agent or proxy on behalf of another for compensation (i.e., proxy betting).

C. There are Federal prohibitions and restrictions regarding internet Wagering, including, but not limited to, limitations set forth in 18 U.S.C. A. §§ 1084 et seq. (Wire Act) and the Unlawful Internet Gambling Enforcement Act of 2006 (31 U.S.C.A. §§ 5361-5367). It is a federal offense for persons physically located outside of the State of Tennessee to engage in internet Wagering through ACTION 24/7.

D. In the event that You are found to be in violation of this Section III, We may elect to take any and all of the following actions: (1) cancel Your Wagers, (2) refuse to pay You any winnings, and (3) refer You to the appropriate authorities for prosecution.

E. ACTION 24/7 reserves the right to deny You an Account or to suspend or terminate any Account at its sole and absolute discretion, with or without notice, for cause or without cause and without disclosure of reasons for such denial, suspension, or termination. In the event of a termination or suspension, if permitted by law or regulation, We will make all reasonable efforts to comply with any enforceable contractual obligations made in accordance with these Terms.

IV. Account Security

A. While the Company will take reasonable steps to prevent unauthorized access to the Account information of each customer, You are responsible for maintaining the security and confidentiality of the Account, including, but not limited to, keeping Your username and password strictly confidential, changing Your password on a regular basis, and disabling any automatic password memory in Your browser. The failure to protect Your username and password shall be at Your sole and absolute risk and expense. If a third party accesses Your Account, You are solely responsible for that third party’s actions, whether or not such third party’s access was authorized by You, including, but limited to, indemnifying the Company and holding it harmless against any and all costs, claims, expenses, and damages arising in connection with the use of or access to the Account by any third party.

B. It is Your responsibility to inform the Company immediately upon the suspicion that your Account has been compromised or is being used by a third party.

C. The Company and any third parties with which it contracts may hold, use, and share information with respect to Your identity, including, but not limited to, Your name, address, and payment details, in accordance with Our Privacy Policy. The Company relies on this information in entering these Terms with You. As set forth in above and in Section XVIII below, You agree to indemnify the Company and hold it harmless against any costs, claims, damages and expenses arising in connection with any falsehood or inaccuracy contained in the information that You provide to the Company.

V. Deposits and Withdrawals

A. In order for You to make Wagers, You must deposit funds in the Account, which are held on Your behalf to satisfy any payment obligations incurred as a result of placing Wagers.

B. The Company offers several deposit methods, which may change from time to time at the Company’s sole discretion. The availability of funds will depend on the method of deposit and all necessary security and processing reviews, including, but not limited to, legal owner, sufficient funds, money laundering, illegal activity, and improper source checks.

C. You agree and understand that no interest is paid on the funds held in the Account.

D. You agree that all deposited funds originate from a payment source of which You are the legal owner and are free from and unconnected to any illegal activity or source.

E. You agree that all money deposited into the Account is authorized by You, and You will not attempt to reverse any deposits or payment made into the Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability. The Company reserves the right to terminate Your Account, without notice, should a deposit be reversed or attempted to be reversed.

F. If We suspect You of a fraudulent deposit or payment, including, but not limited to, use of stolen debit cards, or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment) or a prohibited transaction (including, but not limited to, money laundering and/or any other form of illegal or suspicious activities), or if Your deposits failed to be honored by Your bank for any reason, We reserve the right to suspend and/or terminate Your Account and seek the recovery of any debts owed Us through any and all legally permitted methods including, but not limited to, (1) debiting the amount owed from Your Account, (2) instituting third party collections actions, and (3) reporting the activity t0 the appropriate authorities.

G. You hereby agree, warrant, and represent that no chargebacks or other cancelation of deposits will be made relating to Your Account without Our consent, agree to indemnify Us and hold Us harmless against any costs, claims, damages, and expenses arising in connection therewith, and agree to refund and compensate Us for any losses We would otherwise incur arising from such actions, including any expenses incurred by Us in the process of recovering such amounts.

H. Withdrawals from the Account may be made via any of the available methods offered by the Company. The availability of withdrawn funds is subject to security review and standard banking restrictions, and all withdrawn funds are subject to the transaction limits and processing fees for the selected withdrawal method.

I. ACTION 24/7 reserves the right to set off any amount on deposit in Your Account against any amounts owed by You to ACTION 24/7.

J. Internet gambling may be unlawful in the jurisdiction in which you are located; if so, you are not authorized to use your payment card to complete this transaction.

K. We recommend cardholders retain a a copy of the transaction records and merchant policies and rules.

VI. Closure, Suspension and Termination of Account

A. You may close Your Account at any time and for any reason by contacting Customer Service.

B. It is recommended to withdraw all funds prior to closing Your Account. Accounts which are closed, suspended, or terminated with funds remaining must contact Customer Service in order to recover those funds. Said funds will be returned to You, provided that You have complied with the Company’s Terms and any other terms and conditions, rules or policies established by the Company, and, if applicable, ACTION 24/7 is permitted to do so pursuant to law or on the advice, request, or instruction from an appropriate governmental, regulatory or enforcement authority.

C. Your sole remedy in the event of suspension or termination of the Account shall be the reimbursement of any undisputed funds held in the Account, subject to set off for any amounts owed by You to ACTION 24/7.

D. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, arbitration, and limitations of liability.

VII. Winnings and Taxes

A. All cleared winnings will be credited to Your Account as soon as reasonably possible.

B. Should winnings be credited to Your Account in error, it is Your responsibility to notify Us of the error without delay. Any winnings subsequent to the error and prior to the notification to us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, ACTION 24/7. We will use reasonable efforts to detect any errors and inform You of any such errors as soon as reasonably practicable. Where You have used winnings which were awarded to You as a result of an error, We may cancel such active Wagers and/or withhold any winnings which You may have won with such monies.

C. We report winnings that meet the legally required threshold to the Internal Revenue Service (“IRS”) and the Tennessee Department of Revenue, including specifically any Wager which results in proceeds of $600.00 or more where the winnings are at least 300 times the amount of the Wager. For amounts that are subject to reporting, We also withhold the percentage of the net proceeds required by Federal and State laws. Backup withholding is also required in certain circumstances where You fail to provide Us with accurate information. If You are subject to IRS reporting requirements, We will send You a Form W2-G summarizing the information for tax purposes by January 31st of the year following the end of the tax year of winning. Notwithstanding the preceding sentences of this Section VII(C), all taxes due in connection with any winnings awarded to You are Your sole responsibility and liability. You hereby agree to provide all information that We request to fulfill any applicable reporting and withholding requirements, and agree to supplement any such information if such information is or becomes inaccurate.

D. You hereby affirmatively consent to receive all Your tax-related documents, including any IRS Form 1099 and/or Form W-2G, electronically. Tax-related documents will remain available electronically for at least one year after the date the document is first made available to You electronically. However, We reserve the right to stop electronic delivery of Your tax-related documents at any time by giving You notice and will then send You paper copies of Your tax-related documents.

E. You agree to notify Us promptly if Your e-mail address or other account information changes by updating Your Account information or contacting Customer Service. If We are unable to deliver legally required documents to Your email for any reason, We will resend such information via U.S. Postal Service to Your most recent address on file.

VIII. Placing Wagers

A. You must exercise Your own judgment in placing a Wager. ACTION 24/7 will not accept any responsibility if You place a Wager in error or based on a misunderstanding of the rules and procedures of the game, the Wager or the underlying event. You will be responsible for all Wagers that are placed with Us using Your Account.

B. Wagers must be made via the Website or Wager Apps and cannot exceed the amount of verified funds held within Your Account.

C. ACTION 24/7 reserves the right to accept or decline the whole or part of any proposed Wager.

D. We are not liable for the settlement of any Wagers where We have not issued a written confirmation of acceptance of the Wager. Once a Wager has been confirmed, that Wager cannot be cancelled by You.

E. ACTION 24/7 reserves the right to refuse or limit any Bets or bonuses, or change limits, at ACTION 24/7’s discretion for any reason without any obligation to provide notice.

F. ACTION 24/7 reserves the right to correct any obvious errors or void any Wager:

If accepted in error after the betting has closed, after the event started, or where the event was resolved;
Placed during technical problems that would otherwise have prevented the Wager from being accepted;
Where event offerings contain incorrect participants;
With odds materially different than those reflective of the general market;
Where the result was determined to be affected by illegal activity;
Where You place same or similar Wagers, or a clear and obvious error was made by You; or
In the Company’s sole determination, where there has been a significant development in the event prior to placement or purported placement at a point in time where You could have an indication of the outcome.

G. ACTION 24/7 reserves the right to suspend or terminate Your Account and void any or all Wagers made in collusion with others, placed with Inside Information, placed in an attempt to manipulate the outcome of the event, done so in an attempt to cheat or defraud ACTION 24/7, or that represents Suspicious Wagering. Such a determination shall be made by ACTION 24/7 in its sole and absolute discretion.

H. ACTION 24/7 reserves the right, in its absolute discretion, to delay and/or withhold payment of winning Wagers on any event or series of events where the integrity of such event or series of events has been questioned, and to do so until the integrity has been confirmed by the relevant sports federation or governing body, or by ACTION 24/7 in its reasonable discretion. If active event manipulation has been confirmed, ACTION 24/7 reserves the right, in its absolute discretion, to suspend any Wagers placed on such events.

I. “Inside Information” means non-public facts, knowledge or information that provides a Wagering advantage to those who possess such information.

J. “Suspicious Wagering” refers generally, but not exclusively, to highly unusual patterns of Wagers placed on the same event and where the theoretical probability of said Wagers winning at the time of the Wagers’ placement, based on the odds offered on the event at the time of Wager, is largely inconsistent with the theoretical probability of the same Wagers winning calculated using their starting prices.

K. In exercising Our rights under this Section VIII, We shall do so in a manner which is fair to You, but under no circumstances whatsoever We will be liable to You for any loss You or any other person may incur as a result of actions, or Our investigation of Your actions, which breach this Section VIII, and We reserve the right to seek recovery from You for any losses We suffer resulting from Your actions in breach of this Section VIII.

L. ACTION 24/7 may, at its sole discretion and without any requirement to give reasons, exclude any customer from the Services generally or from receiving selected promotions (e.g., bonuses; free bets; boosted prices; and money-back specials) and any other promotions and offers introduced by ACTION 24/7 from time to time.

M. You may set daily limits or have Your name placed on the self-exclusion list by submitting a request for self-exclusion. The minimum time-out period is 72 hours. Please contact Customer Service with any questions regarding these options.

N. In the event that You make a Wager that is a clear and obvious error, We may, in Our sole discretion, cancel a bet that was placed but has not concluded. You must contact ACTION 24/7 immediately upon discovery of the potentially erroneous Wager.

IX. Live Wagering and Cash Out

A. ACTION 24/7 may make available to You Live Wagering options during some events. However, We do not accept any liability whatsoever if it not possible to place a Live Wager, or for interruptions to the Services, changes to the Live Wagering schedule, incorrect information or score updates, delayed coverage, or other system flaws, faults, errors, or service interruptions.

B. It is Your sole responsibility to be aware of the up-to-date information, including score and remaining time of play, regarding any Live Wagering event or offer. ACTION 24/7 makes no representations as to the accuracy or timeliness of any such information and shall not be liable for any delay in relaying up-to-date information or for any errors or omissions in said information.

C. ACTION 24/7 may make available to You Cash Out options during some events. If the Cash Out option is offered, You would have the option to close out your active Wager and lock in a profit or loss prior to the end of the event on which You had previously Wagered. If Your Wager is eligible for Cash Out, You will be offered a Cash Out option. The Cash Out offered amount can be for more or less than your original Wager, depending on how events unfold following your Wager. Once a Wager is Cashed Out, it cannot be reversed.

X. Bonuses and Promotions

A. After You take all required action as described in the rules of the promotion, You may qualify to receive a bonus or reward (each, a “Bonus”), as explained in the rules of the promotion or in any promotion-related correspondence, advertisement or other related material. Whether You are entitled to receive Your Bonus will be determined by Us in Our sole and absolute discretion. Unless otherwise set forth in the rules of the promotion, Bonus recipient(s) will receive their Bonus within seven (7) days after the end of the promotion period, which will be credited to recipient’s Account. Bonus recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Bonus they receive, regardless of whether the Bonus, in whole or in part, is used. The Bonus value may be reported for tax purposes as required by law. Limit one (1) Bonus per customer. Any Bonus issued and that is useable for a stated limited time period shall be valid for a period of seven (7) days from the date of issuance unless otherwise stated in the specific rules of the promotion. Any remaining/unused Bonus at the end of the stated period will be removed from the player’s Account.

B. Bonuses may be awarded as site credit, free bets, deposit bonuses, boosted prices or odds boosts, risk-free bets, money-back specials/insurance, or any other bonuses that We may offer from time to time. Depending on the Bonus type, the real money amount may be added to Your Account before or after the Wager requirements have been met. A Bonus may require You to Wager to a specific level and/or play through Your Wagers within a specified time period to remove the Bonus’ restrictions on the real money amount. The details on these requirements are always available within the rules of the promotion. If You are not able to meet the Wager requirements by the end of the specified time period, some amount may be claimed back. You will always have access to Your deposited funds for Wagering or withdrawal. However, incomplete Bonus funds and related winnings may be subject to removal, and You will not be able to move Bonus funds or deposited funds tied to in-progress Bonuses.

C. For any Bonuses awarded in the form of a physical prize, prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Our sole and absolute discretion. All prize details not specified in the rules of the promotion will be determined in Our sole and absolute discretion. Prize details and availability are subject to change and the prize provider’s rules and restrictions.

D. In the event that We are unable to provide the winner with his or her physical prize(s), We may, in Our sole and absolute discretion, elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The approximate retail value (“ARV”) of a prize is based on available information provided to Us, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. We are not responsible for and a winner will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in the rules of the promotion or in any promotion-related correspondence, advertisement or other related material.

E. Prizes, if legitimately claimed, will be awarded. No more than the stated prizes will be awarded. All physical prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). We are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. Unclaimed prizes will be forfeited. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and We will have no further obligation with respect to that prize or portion of the prize.

XI. Wagering Application

A. These Terms of Use shall also apply to ACTION 24/7’s Mobile Wagering Application (“Wagering App”) and are in addition to the Wagering App’s End User License Agreement. To the extent these Terms or any provisions herein conflict with the End User License Agreement, these Terms shall prevail. Any reference to the Website in these Terms shall also include the Wagering App.

B. ACTION 24/7 will not be responsible for any data charges incurred as a result of Your use of the Website or the Wagering App.

XII. Responsible Gaming

ACTION 24/7 is committed to providing Our Tennessee players with most enjoyable gambling experience possible, but recognizes that gambling can be a serious problem for some. To ensure You continue to enjoy responsible and safe play, We encourage You to visit Our Responsible Gaming page at https://sportsbook.action247.com/en-us/responsible-gaming and learn about the different options available to manage Your gaming activity, including tools to limit deposits, Wagers, and an option to exclude Yourself from betting for a period of time.

In addition to Our tools, the following organizations offer assistance to individuals seeking help: TN REDLINE (1-800-889-9789); National Council on Problem Gambling (1-800-522-4700).

XIII. Dormant Accounts and Statements of Account Activity

A. Your Account will be deemed dormant if You fail to make a deposit, a withdrawal, or place a Wager for a period of thirty-six (36) months. At thirty-five months of inactivity, We will provide an email notice to the email address registered to the account, advising that the Account balance will be set to zero at thirty (30) days from the notice. If the Account remains dormant after the notice period, in accordance with applicable regulations, unclaimed balances will be forfeited.

B. All bonuses and winnings earned from Wagering with bonuses will be forfeited from any Account to which a deposit has not been made within sixty (60) days of establishing such Account.

XIV. Location Services

A. By accepting the Terms, You are providing permission to ACTION 24/7, Our third-party providers, Your internet or cellular providers and the State of Tennessee to obtain and/or disclose Your location using Your cell phone, Wi-Fi signal, IP address or other tracking technology. It is necessary for ACTION 24/7 to collect this information in order to validate that You are located within the legal gaming area of the State of Tennessee and to allow You to access the Services. You will not be able to make Wagers unless You have opted into location verification across the various platforms.

B. You are also agreeing to the storage of records confirming Your location for no less than ten (10) years as required by law, and those records being shared with the SWAC upon its request.

C. For additional information about how ACTION 24/7 will collect, access, use, and disclose Your information, please see Our Privacy Policy.

XV. Hacking and Other Offenses

A. You warrant, represent and undertake that You shall not knowingly or negligently misuse the Website or Services by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, attempt to gain unauthorized access to the Website or the server(s) on which the Website or Services are stored or any server, computer or database connected to the Website, or attack ACTION 24/7 via a denial-of-service attack or a distributed denial-of service attack.

B. We reserve the right to pursue You for any loss We suffer as a result of any breach of this Section XIV. Further, by breaching this Section XV, You would be committing a criminal offense, and We will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Services will cease immediately, and You may be subject to a lifetime ban.

XVI. Your Personal Data

It is Your responsibility to ensure that personal information relating to You is kept up to date. We reserve the right to suspend or terminate Your Account if We suspect this information to be inaccurate. We will process information about You in accordance with Our Privacy Policy.

XVI. Your Personal Data

XVII. Disclaimer; Exclusions; Liability Limitations

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES 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, THE COMPANY AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND THE COMPANY’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

B. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY 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 SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY MARKETING OF THE SERVICES; (III) FOR ANY DEFECTIVE FEATURE, FUNCTION, OR COMPONENT OF THE SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION; (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES. 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, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUCH LOSSES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSESS OR DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY 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 AND WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS AND WINNINGS 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 OR WINNINGS 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 THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

C. IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO THE SERVICES, AND RESULTING IN LOSS, CORRUPTION, OR MISCALUCATION OF DATA OR WINNINGS OR BONUS MONEY AMOUNTS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND THE COMPANY SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY BY COMPANY IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. IF ANY SUCH ERROR OR MISCALCULATION RESULTS IN OVERPAYMENT TO YOU OF WINNINGS RESULTING FROM WAGERS ON YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO RECEIVE OR RETAIN SUCH WINNINGS, SHALL IMMEDIATELY INFORM US OF THE ERROR, AND SHALL REPAY ANY SUCH WINNINGS TO US (OR THE COMPANY MAY, IN ITS SOLE DISCRETION, DEDUCT AN AMOUNT EQUAL TO SUCH WINNINGS FROM YOUR ACCOUNT, SET OFF SUCH AMOUNT AGAINST ANY OTHER WINNINGS OWED TO YOU, OR TAKE ANY OTHER ACTION NECESSARY TO COLLECT SUCH WINNINGS AS PERMITTED BY THE ACT, RULES, AND OTHER APPLICABLE LAWS).

D. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY 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 SERVICES.

E. YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE COMPANY AND ITS AFFILIATED PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.

F. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.

XVIII. Indemnity

In exchange for the right to participate in the Services, You agree to fully indemnify, defend and hold the Company and its Affiliates, third party service providers and licensors and their respective owners, officers, directors, members, managers, employees, and other representatives harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands whatsoever, including, but not limited to, personal injury, death, or damage to or loss of property, that may arise directly or indirectly from or are related to: (1) any breach of these Terms by You; (2) any violation by You of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities or the rights of any third party; (3) any use by You of the Services, Website, Wagering App, or the software needed to use the Services, or use by any other person accessing the Services, the Website, Wagering App or the software needed to use the Services, using Your username, password, or any other personal information, with or without Your authorization; (4) acceptance of any winnings You are not otherwise legally authorized to receive, whether by the Company’s or any of its third-party service providers’ error or omission; (5) information or material transmitted through Your device used to access the Account, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (6) any misrepresentation made by You; and (7) Our use of the information that You submit to Us (all of the foregoing, “Claims and Losses”). You further agree to cooperate as fully required by Us in the defense of any Claims and Losses. Notwithstanding the foregoing, We retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of ACTION 24/7.

XIX. Intellectual Property Rights

A. Ownership. The Services (including past, present, and future versions) and their entire contents, features and functionality (including but not limited to all information, software, domain names, trademarks, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) are owned by ACTION 24/7, Our licensors or other providers of such Content, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.

B. Limited License. Subject to Your strict compliance with these Terms and any Additional Terms, ACTION 24/7 grants You a personal, non-exclusive, non-transferable, and non-assignable limited license to use the Services, including any software that You download, for their intended purposes. Except for the license expressly granted hereunder, no rights, licenses, or permissions are granted or may arise in relation to the Services, whether expressly, by implication, estoppel, or otherwise. All rights, including all intellectual property rights that are not expressly granted under this license, are hereby reserved by Us. Any other use and/or reproduction of the data without prior written consent of ACTION 24/7 is prohibited and will constitute a breach of these Terms. ACTION 24/7 reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to You, in relation to any unauthorized use of its data or of the Website or Services.

XX. Miscellaneous

A. Linking Policy. The Website or Services may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, and You access them at Your own risk. By using the Services, You expressly relieve ACTION 24/7 from any and all liability arising from Your use of any third-party website.

We generally welcome links to Our Website so long as: (1) the Website opens in a new browser window which displays the full version of Our homepage; (2) the link does not state or imply any sponsorship of the Services by Us or by the Services; and (3) provided We give written consent to the establishment of such links. We reserve the right to revoke Your right to link to the Services upon notice. If You receive such a notice from us, You agree to discontinue Your link to the Services.

We do not permit linking from Our Website to third-party websites or services or the display of third-party content on top of, or in addition or as an alternative to, Our Website or Services without Our express written consent.

B. Transfer and Assignment. You hereby consent, and We reserve the right to, transfer, assign or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice. You may not assign, sublicense, or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Terms without Our prior written consent. Any purported assignment or transfer in violation of the foregoing will be null and void.

C. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable in any respect, it will not affect the validity of the remainder of these Terms, which shall remain valid and enforceable. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.

D. Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or limit the Company’s right thereafter to insist upon strict adherence to that provision or any other provision of these Terms.

E. Notices. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. Any and all notices required herein may be delivered to Your email as provided and shall be deemed to have been personally delivered once sent whether actually received or not.

F. Interpretation. In the event of there being any conflict or inconsistency between these Terms and any other of Our terms and conditions, rules, or policies, these Terms prevail.

G. Entire Agreement. These Terms and any documents referred to herein contain the entire agreement between the Company and You, relating to Your use of the Website, Wagering App and the Services, and supersedes any and all prior agreements between the Company and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representations other than as specifically set forth herein.

H. Investigations. You agree that We may at any time investigate Your Account to ensure compliance with these Terms and to ensure that no improper or illegal activity is or has taken place.

I. Modification and Amendments. We may amend these Terms at any time either by emailing or by publishing the modified Term(s) on the Website. Any such modification will take effect upon publication. For material changes to the Terms, You will be required to acknowledge acceptance of such changes. For changes deemed non-material and approved by the SWAC, an acknowledgment is not required, and Your continued access or use of the Services following any amendments constitutes Your acceptance of the terms as amended. It is Your sole responsibility to review the Terms and any revisions thereto each time You use the Services.

XXI. Applicable Law; Jurisdiction; Venue; Arbitration

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.

A. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee, 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 any all disputes, claims and causes of action relating to these Terms, the Services, any Wagering transaction and winnings awarded in connection therewith will be resolved exclusively by confidential arbitration in the State of Tennessee before a single neutral arbitrator only on an individual basis, without resort to any form of class action, and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. The arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules. The arbitrator shall be a retired judge or justice of any Tennessee state or federal court. The award of the arbitrator shall be binding and final on all parties. Judgment on the award rendered may be entered in any court having jurisdiction. The prevailing party shall be entitled to reasonable attorneys’ fees and expenses. The arbitrator may not award any incidental, indirect, special, punitive or consequential damages, including, but not limited to, damages for lost profits. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings.

B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 SUCH DATE IS BARRED.

XXII. Contact Us

If You experience any problems or have any inquiries or concerns, please contact Customer Service at (1-833-222-8466). If You are not satisfied with how We respond to Your question or complaint, please raise a dispute with Us by providing full written details of Your grievance to Us via email at support@ACTION247.com. We will try to respond in detail to all such questions or complaints within five (5) calendar days of receipt. ACTION 24/7 is subject to all rules and regulations concerning customer disputes as defined by the SWAC. If, after all reasonable methods to resolve the dispute with Us have been exhausted, Your dispute is still unresolved and it arises out of Your use of the Services while physically located in Tennessee, You can contact the SWAC at https://www.tn.gov/swac/dispute-resolution.html.

XXIII. No Legal Advice

The information and services on this Website are not intended to and shall not be used as legal advice. You use the content, information, and services on this Website at Your own risk.

* All odds provided by Action247 Sportsbook and all odds subject to change.