BetQL Terms and Conditions of Service
Last updated: January 7, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.betql.com website (the "Services”) operated by RotoQL, Inc. and its affiliates (collectively “Audacy”, "us", "we", or "our").
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Services. The term “you” refers to the person or entity visiting, browsing or otherwise using our Services. If you are accessing or using the Services on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms.
THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF YOUR ACCEPTANCE OF THESE TERMS, AS DESCRIBED IN SECTION 15.
Below please find a Table of Contents of these Terms for your ease of reference.
TABLE OF CONTENTS
ACCEPTANCE OF TERMS
The Services are designed for and targeted to Adults. It is intended solely and exclusively for residents of the United States of America and its territories and possessions ("U.S.") who are at least 18 years of age or older. In order to use and access the Service you must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where you are located), and a resident of the U.S. If you are not an adult, or if you do not reside in the U.S., please stop and discontinue your use of the Services.
CHANGES TO THESE TERMS
Except where prohibited by applicable law, we reserve the right to change these Terms at any time. We encourage you to review the Terms periodically. Your continued access to or use of the Services after any changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.
We reserve the right to change any information, material or content (including, but not limited to, price, features, availability of Services) contained on or provided through our Services (the “Content”) at any time, and from time to time, without notice.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or RotoQL, Inc. cancels it.You may cancel your Subscription renewal either through your online account management page or by contacting RotoQL, Inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide RotoQL, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize RotoQL, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, RotoQL, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with advanced prior notice to the email address that you provided to us of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by RotoQL, Inc. on a case-by-case basis and granted in sole discretion of RotoQL, Inc.
When you create an account with us, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Services and all content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed available on or through the use of the Services, are owned or licensed by Audacy, and are protected by copyright, trademark and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior express written consent.
TERMINATION: SURVIVAL OF TERMS
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and arbitration of claims.
USE OF THE SERVICES: PROHIBITED USES
As a condition of your use of our Services, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you shall use the Services in accordance with these Terms; and (d) all information supplied by you on our Services is true, accurate, current and complete.
Audacy retains the right, at its sole discretion, to deny access to anyone to the Services, at any time and for any reason, including, but not limited to, for violation of these Terms. You shall cease and desist from any such access or use immediately upon request by Audacy.
Not all of the information, promotions, and Services are available in all jurisdictions. Furthermore, nothing on our Services or through the use of our Services constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
If you sign up for a user account (the “User Account”) on our Services you will be issued username and password login credentials by Audacy (“User ID”). If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of Audacy, including account names. Audacy reserves the right to disable any User Account issued to you at any time in Audacy’s sole discretion. If Audacy disables access to a User Account issued to you, you may be prevented from accessing the Services, your account details or any promotions that are associated with your account.
Prohibited Conduct. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content on or through the Services.
Please note that advertisers on the Services and any links to third-party sites may have additional privacy policies or statements that govern their practices in collecting, storing, using and disclosing your personal information. We have no control over and take no responsibility for the privacy policies or statements of advertisers or other third parties. Please read those additional privacy policies or statements carefully.
You will defend, indemnify, and hold harmless Audacy, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “Audacy Parties”) with respect to all claims, costs (including, without limitation, attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation, use of your account, whether or not authorized by you, and claims arising from user-generated content or submissions), your violation of any law, statute, ordinance or regulation or the rights of a third party. Audacy retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases, you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Indemnification section of the Terms without Audacy’s prior written approval.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
AUDACY DOES NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. AUDACY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
THE AUDACY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF FORESEEABLE OR EVEN IF AUDACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. OUR LIABILITY IN CONNECTION WITH THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO AUDACY IN THE TWELVE (12) MONTHS PRECEEDING THE CLAIM, UNLESS THE CLAIMED DAMAGES ARE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AUDACY.
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF AUDACY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY AUDACY, INCLUDING WITHOUT LIMITATION THE SERVICES. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS PEROID. YOU AND AUDACY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
CLAIMS AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY.
Arbitration Agreement. Upon the election of either party (or any other entity or individual with the right to invoke arbitration under this provision, including without limitation those entities or individuals named in this Section 15, a Dispute shall be resolved by binding arbitration. “Dispute” means any claim or controversy arising from or relating to these Terms, your agreement with Audacy, your use of the Services, or the relationship between you and Audacy, including without limitation any and all: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims against Audacy or its parents, subsidiaries, affiliates, predecessors, successors or assigns and any of their directors, officers, employees and agents (any of whom may elect arbitration of claims to which they are a party pursuant to these Terms); (3) claims that arose before this Arbitration Agreement; (4) claims that arise after the expiration or termination of this Arbitration Agreement; and (5) claims that are the subject of a purported class action or other representative or collective action. “Dispute” shall not, however, include claims filed by you or Audacy on an individual basis in small claims court if the amount claimed is within the jurisdiction of that court. However, Audacy will not demand arbitration pursuant to this agreement to arbitrate in connection with any individual claim that you properly file in a small-claims court of your state or municipality, so long as the claim is pending only in that court. IN THE EVENT THAT THE PARTIES HAVE ANY DISAGREEMENT ABOUT ARBITRABILITY OR THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION CLAUSE, A DULY APPOINTED ARBITRATOR WILL DECIDE SUCH DISAGREEMENT.
Right to Reject this Arbitration Agreement.Notwithstanding anything in this Arbitration Agreement to the contrary, you may reject this Arbitration Agreement. To do so, you must send Audacy written notice by mail postmarked no later than thirty (30) days after your acceptance of these Terms to:
Attn: Legal Department
2400 Market Street, 4th Floor
Philadelphia, PA 19103
Your rejection notice must be signed, must state that you reject this Arbitration Agreement, and must include your name, address, and BetQL user ID or account number. Your decision to reject this Arbitration Agreement or seek remedies in small claims court will not adversely affect your relationship with or receipt of goods or services from Audacy.
Procedures for Arbitration.This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”). Arbitrations shall be conducted by a single arbitrator and administered by JAMS (“JAMS”) pursuant to the code of procedures in effect at the time the arbitration is initiated (the “JAMS Rules”). A current copy of the JAMS Rules may be found at https://www.jamsadr.com . At your election, arbitration hearings will take place in your hometown area. During the arbitration, the parties will be allowed to engage in discovery or exchange of non-privileged information relevant to the dispute. The arbitrator's decision will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
Right to Attorneys’ Fees and Costs. You may hire an attorney to represent you. To the extent permissible under applicable law, you are responsible for your attorneys’ fees and costs. You may recover them from us in arbitration to the same extent as in court, or as permitted under JAMS Rules. When you initiate arbitration proceedings, you will be responsible for paying your share of the arbitration fees as set forth in JAMS’ Arbitration Schedule of Fees and Costs in effect at the time the arbitration is initiated. We will be responsible for any additional arbitration fees and costs.
Waiver of Jury Trials and Class Actions. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR RATHER THAN A JUDGE OR JURY. BY THIS ARBITRATION AGREEMENT, YOU AND AUDACY WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. UNLESS YOU AND AUDACY AGREE OTHERWISE IN WRITING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION, MASS ACTION, OR COLLECTIVE BASIS, AND REGARDLESS OF ANY INCONSISTENT PROVISIONS IN THE JAMS RULES, NEITHER THE ARBITRATOR NOR THE JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT INDIVIDUAL PARTY. THIS CLASS, MASS, REPRESENTATIVE, AND COLLECTIVE ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION AGREEMENT.
YOUR CONTACT AND PAYMENT INFORMATION
You represent and warrant that the name, address, telephone number(s), and other contact and payment information you provide to Audacy is accurate, complete, and current. You agree to notify Audacy immediately if there is any change to any of that information.
ENTIRE AGREEMENT, WAIVER AND SEVERABILITY
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
CONTACT USIf you have any questions about these Terms, please contact us. Thank you for your interest and use of our Services.