TERMS
AND CONDITIONS
Privacy
Policy
Subscriber
Agreement
Penn
National Gaming, Inc. provides services to you for your
personal entertainment, information, and education and is
subject to the following notices, terms and conditions,
as well as all applicable Federal, State and Local laws,
rules and regulations. From time to time it may be necessary
for Penn National Gaming to revise or update certain provisions
of this Agreement. Unless otherwise stated, all amended
terms shall automatically be effective 30 days after they
are initially posted on our website or such earlier time
as required by law. Use of this website signifies your acceptance
of these terms and conditions and to any modifications of
these terms and conditions.
About
the Service
The
Telebet® Account Wagering Service
(“Service”) offers real time and convenient
access to your Telebet® Account (“Account”).
Unless
explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of
new Telebet® products and services,
shall be subject to this agreement. You understand and
agree that the Service is provided "AS IS" and
that Penn National Gaming assumes no responsibility for
the timeliness
or accuracy of the information provided. Penn National
Gaming reserves the right at any time and from time to
time to
modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice.
You agree
that Penn National Gaming shall not be liable to you or
to any third party for any modification, suspension or
discontinuance
of the Service.
The
Service provides access to a variety of thoroughbred
and
harness races through co-mingled pools. Account holders
who possess an active Telebet® account with Penn National Race
Course, may use the Service to access those accounts.
Any issues
or questions you may have regarding your Account or the
placing of wagers can be addressed to Telebet®
customer service or Penn National Gaming directly.
Account
Requirements
In
consideration of your use of the Service, you agree:
That
you are at least 18 years old (21 years old in those jurisdictions
where the legal age for placing a pari-mutuel racing wager
is 21).
Reside
in one of the following states or US Territories: Alabama,
California, Connecticut, Delaware, Florida, Kentucky, Maryland,
Massachusetts, New Mexico, New York, North Dakota, Ohio,
Pennsylvania, Virgin Islands, Virginia or Wyoming (updated
January 3, 2003 - subject to change).
To
provide the Service with true, accurate, current and complete
information about yourself as is requested in the Telebet®
Account Application.
To provide the Service with photo identification and secondary
identification.
To
open a Telebet® Wagering Account
with a minimum Deposit of $25.00.
To
promptly update and maintain the Registration Data to keep
it true, accurate, current and complete.
If
you provide any information that is untrue, inaccurate,
not current or incomplete, or the Service has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, the Service has the right to
suspend or terminate your account and refuse any and all
current or future use of the Service.
Billing
and Charges
There
is currently no fee for accessing the Service. However,
the Service reserves the right to add fees at any time to
all, or portions of, the Service. The Service will provide
30 days notice to any billing changes in the manner described
above.
User
Requirements
During
the registration process, you will choose a password. You
are responsible for maintaining the confidentiality of the
password and account number, and are fully responsible for
all activities that occur under your password or account.
You agree to:
Immediately
notify the Service of any unauthorized use of your password
or account or any other breach of security.
The
Service cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THE SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE
SERVICE MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
WILL BE CORRECTED.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PENN NATIONAL GAMING, INC. OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THIS AGREEMENT.
Limitation
of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT PENN NATIONAL GAMING,
INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SERVICE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
Indemnity
You
agree to indemnify and hold Penn National Gaming, Inc.,
and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, relating
to or arising from any violation of this agreement by you
or others who may have accessed the Service through your
account.
Term
This
agreement is effective from your acceptance hereof, which
is indicated by your use of this website and/or the establishment
of a Telebet® Wagering account.
Termination
You
agree that Penn National Gaming, Inc., in its sole discretion,
may terminate your password, account (or any part thereof)
or use of the Service, for any reason, including, without
limitation, for lack of use or if Penn National Gaming believes
that you have violated or acted inconsistently with the
letter or spirit of this agreement. Penn National Gaming
may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to
the Service under any provision of this agreement may be
effected without prior notice, and acknowledge and agree
that Penn National Gaming may immediately deactivate or
delete your account, and/or bar any further access to the
Service. Further, you agree that Penn National Gaming shall
not be liable to you or any third party for any termination
of your access to the Service.
You
may terminate or cancel this agreement at any time. You
understand that the cancellation of this agreement is your
sole right if you are dissatisfied in any way with the Service
or any of its notices, terms, and conditions, and is your
sole remedy with respect to any dispute with Penn National
Gaming. You may terminate your account by contacting Telebet® customer
service.
Notice
Notices
to you may be made via either email or regular mail. The
Service may also provide notices of changes to the agreement
or other matters by displaying notices or links to notices
on the Service.
General Information
This
Agreement constitutes the entire agreement between you and
Penn National Gaming and governs your use of the Service,
superceding any prior agreements between you and Penn National
Gaming. You also may be subject to additional terms and
conditions that may apply when you use affiliate services
or third-party content. This Agreement and the relationship
between you and Penn National Gaming shall be governed by
the laws of the State of Pennsylvania without regard to
its conflict of law provisions. You and Penn National Gaming
agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Dauphin, Pennsylvania.
The failure of Penn National Gaming to exercise or enforce
any right or provision of this Agreement shall not constitute
a waiver of such right or provision. If any provision of
this Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions
of this Agreement remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use
of the Service or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be
forever barred. The section titles in this Agreement are
for convenience only and have no legal or contractual effect.
Violations
Please
report any violations of this Agreement to Customer Service.
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