Terms and Conditions

Below are the Terms and Conditions for use of XpressBet, LLC's Web Site.

Revised - January, 2016

Part I - LEGAL REQUIREMENTS OF USE OF THIS WEB SITE

Prior to your accessing of this web site ("Web Site"), You, the user ("You" or the "User"), shall closely review the general terms and conditions of use of this Web Site ("Terms of Use") applicable to all users of this Web Site and the more specific terms and conditions of wagering on this Web Site ("Terms of Wagering") applicable to all Users placing Wagers on this Web Site, and the privacy policy of this Web Site ("Privacy Policy"), each of which are set out below. If You do not agree with these Terms of Use, Terms of Wagering and Privacy Policy, do not access this Web Site or any pages thereof for any purpose. Your access to, and use of, this Web Site is evidence of, Your acceptance of the Terms of Use, the Terms of Wagering and Privacy Policy and to all applicable laws, statutes and ordinances. You must use this Web Site in accordance with all applicable international, federal, state and local laws and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law.

The materials made available in this Web Site, including materials in linked web sites directly or indirectly accessible from this Web Site, are provided "as is" without warranties of any kind, either express or implied.

If You do not agree to the Terms of Use and the Terms of Wagering, please exit and make no attempts to use this Web Site. XpressBet reserves the right to modify or alter the Terms of Use and the Terms of Wagering at any time and any use of this Web Site will be governed by the Terms of Use and Terms of Wagering posted on this Web Site at that time. Please regularly consult these Terms of Use and Terms of Wagering for any updates.

Part II - TERMS OF USE APPLICABLE TO ALL USERS OF WEB SITE

  1. WEB SITE CONTENT
    1. Third Party Content

      Various types of information available on this Web Site have been provided by third party information suppliers that are independent of XPRESSBET. This information may include the views, opinions, and recommendations of such third parties. XPRESSBET neither endorses such views or opinions, nor is responsible for the availability, accuracy, currency or reliability of such information including, but not limited to, wagering and race information, and the inclusion of such views or opinions is not intended to provide advice or constitute a solicitation. At no time shall anything contained on this Web Site be deemed an endorsement or recommendation of any third party or shall constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will XPRESSBET be liable for any loss or damage caused by Your reliance on such third party information.

    2. Hyperlinks

      This Web Site directly or indirectly provides content, hyperlinks and references to external third party web sites, including, without limitation, the web sites and material of third party gaming authorities and gaming establishments. The materials that can be accessed from such web sites are not maintained by XPRESSBET and we are not responsible for the content thereof. XPRESSBET neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such third party web sites or materials. You acknowledge that under no circumstances will XPRESSBET be liable for any loss or damage caused by Your reliance on information through a third party web site. At no time shall anything contained on this Web Site be deemed an endorsement or recommendation of any third party or to constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content.

  2. COPYRIGHT & TRADEMARKS

    Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and images, on this Web Site are copyrighted materials of, trademarks of, and owned and controlled by XPRESSBET, its subcontractors, or the party credited as the provider of the content. Reproduction or storage of documents and information from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. and other international copyright laws. All software used on this Web Site is the property of XPRESSBET, its subcontractors or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish or perform any of the content of this Web Site without the express written permission of XPRESSBET.

    This Web Site may also contain third party trademarks and service marks of participating gaming establishments licensed by various federal and state regulatory bodies to conduct wagering activity connected with this Web Site. All marks are the property of their respective holders.

  3. DISCLAIMER & LIMITATION OF LIABILITY

    XPRESSBET uses reasonable efforts to maintain this Web Site but is not responsible for the results of any defects, outages, interruptions, viruses or other harmful components that exist in this Web Site. You should not assume that this Web Site or its content is error-free or that it will be suitable for the particular purpose that You have in mind when using it.

    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XPRESSBET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. XPRESSBET WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY XPRESSBET TO PROVIDE ACCESS TO OR USE OF THIS WEBSITE, OR ANY OTHER CAUSE WHATSOEVER.

    XPRESSBET may, in its sole discretion and at any time, modify or discontinue this Web Site or limit, terminate or suspend a User's use of or access to this Web Site. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, then XPRESSBET's maximum liability for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or $100.00, whichever is lower.

  4. PROPRIETARY DATA/AUDIO VIDEO

    All systems, programs, records, statistics, data, documentation of either an audio or visual nature, and any other material utilized or developed by XPRESSBET, its subcontractors, or the party credited as the provider of the content, in connection with this Web Site are and shall remain the sole property of XPRESSBET or any third-party licensor of XPRESSBET. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator's manuals, components, and accessories comprising the system furnishing the services hereunder and provided by XPRESSBET or its licensor at all times.

  5. CONTACTING THE WEB SITE

    General and specific inquiries regarding these Terms of Use should be directed to the business office ("Business Office"):

    XpressBet LLC

    Director of Operations

    200 Racetrack Road

    Building 26

    Washington, PA 15301


    customerservice@xpressbet.com

Part III - TERMS OF WAGERING FOR ALL USERS PLACING WAGERS

The placing of wagers ("Wagers") and the use of the pari-mutuel account established by You with XPRESSBET for Internet account wagering and for telephone account wagering in respect to our live tellers, automated telephone account wagering system (the "Account") by You on or via this Web Site is subject to Your unconditional acceptance of the Terms of Use and these terms and conditions of wagering ("Terms of Wagering"), which are set forth below, without modification, and is subject to all applicable laws, statutes, ordinances and regulations.

By placing Wagers on or via this Web Site, You thereby confirm Your awareness that many states and localities have laws, codes and regulations ("Legislation") governing, regulating or prohibiting the offering of gaming services, both over the Internet and otherwise, and further, You acknowledge that XPRESSBET does not represent that the wagering services offered by this Web Site are compliant with Legislation applicable to You. You should contact applicable gaming regulators for additional information, which may affect Your ability to utilize the wagering services offered on or provided by this Web Site.

  1. AGREEMENT

    By opening an Account with XPRESSBET, You certify that:

    1. You have read and agree to use the Account in accordance with the instructions and conditions Terms of Wagering, or as otherwise communicated to You from time to time by XPRESSBET.
    2. You have read and agree to the terms and conditions set out in the Account Application.
    3. You authorize XPRESSBET to accept, and You agree to be responsible for, all instructions sent to XPRESSBET or to our totalizator system, by such means as are made available by XPRESSBET, when accompanied by Your Account Number and personal identification number ("PIN") and/or password ("Password").
    4. You hereby consent to the recording of all Account transactions including any calls made to our XPRESSBET Business Office.
    5. You represent and warrant that you are at least 18 years of age (21 in Alabama, Iowa, Kansas, New Hampshire, North Dakota and Washington). You are familiar with all relevant local laws of the jurisdiction in which You reside You have the legal right to place Wagers, and we have the right to accept Your Wager(s). You further agree, that in the event You are traveling outside of the state in which You reside, You will only place Wagers from those jurisdictions where account wagering is legal.
    6. You acknowledge that the Account is for Your personal use only. Any Wagers placed by a person other than You is strictly prohibited and will give XPRESSBET the rights to immediately terminate Your Account. You are legally responsible for all wagering placed through Your Account using Your Account Number, PIN and Password, whether by You or any other person with or without Your knowledge or consent, until notification from You has been received by XPRESSBET confirming either (i) that the confidentiality of Your Account Number, PIN or Password have been compromised or (ii) that You wish to close account. You bear full responsibility for maintaining the confidentiality of Your Account Number, PIN and Password and must do so.
    7. You are placing Wagers for personal, private use only, and You will not make any information, materials, or services available from this service available to any person who is not otherwise allowed to access them. This precludes the use of this information, materials, or services for commercial purposes, as well as the making of this information, materials, or services available to a minor in any way, shape or form.
    8. You acknowledge that XPRESSBET has the right to offer to You and sell to You information products and services as we feel from time to time are of value and interest to You.
    9. You acknowledge that XPRESSBET has the right to debit from Your Account the cost of any information products purchased by You.
    10. You acknowledge that XPRESSBET reserves the right to report unusual or suspicious activity to the proper authorities.
  2. WAGERING SERVICES

    XPRESSBET reserves the right, at its sole discretion and without prior notice, to discontinue, deny or alter services offered without creating any obligation or liability to You. Further, XPRESSBET reserves the right to refuse or void or cancel Wagers where such Wagers have been placed on the basis of erroneous data. In the event XPRESSBET voids or cancels any particular Wager, XPRESSBET shall promptly credit the applicable Account the amount of the Wager. Additionally, XPRESSBET has measures in place to prevent negative breakage wagers as it relates to SHOW pools.

    XPRESSBET reserves the right, at its sole discretion, to terminate and close an Account for whatever reason and without explanation. In the event an Account is terminated and closed, XPRESSBET shall return the balance of any funds in Your Account at the time of termination and closure, together with a closing Account statement.

    XPRESSBET reserves the right to deactivate Your Account if there is no wagering activity for 6 consecutive months or, in the event that an inactive Account has funds on deposit, to assess a $ 2.00 per month account maintenance service charge until the account is no longer inactive or the balance reaches zero and the Account is closed, whichever occurs first. In the event the balance of any funds in Your Account at the time of termination and closure is less than $2.00, the balance will not be credited to You and will be retained by XPRESSBET as an Account termination processing fee.

    In the event multiple "official" prices are posted by the racetracks (as a result of miscalculation of payoffs by the track, an error by the state judges, or any other reason), XPRESSBET will ascertain the final "official" prices from the racetrack and will make any adjustment to its account holders’ accounts necessary to correct any incorrect debits or credits made to the account holders’ accounts as a result of receiving the non-final "official" prices.

  3. ACCEPTANCE OF INTERNET WAGER

    You acknowledge that XPRESSBET shall not be deemed to have accepted any Wager until it has issued to You an electronic response which will contain a valid transaction reference number and the words "Bet Accepted" ("Notice of Confirmation"). Any communications between You and XPRESSBET, prior to receipt of the Notice of Confirmation, are merely offers to Wager through our Web Site, which offers are deemed accepted only after XPRESSBET issues to You a Notice of Confirmation, which shall be conditioned upon Your acceptance of the Terms of Wagering and the Terms of Use as set forth herein and in the Notice of Confirmation. Wagers may be cancelled by You after a Notice of Confirmation has been issued by XPRESSBET; however XPRESSBET reserves the right to limit the number and the amount of cancelations that You can perform. XPRESSBET will be held harmless in the event that, due to any reason, a wager fails to be cancelled.

  4. ACCEPTANCE OF TELEPHONE WAGER

    You acknowledge that XPRESSBET shall not be deemed to have accepted any Wager until you hear Your Wager read back to you by the teller or automated voice system and has been accepted by You and confirmed by the system. Any communications between You and XPRESSBET, prior to receipt of confirmation of Your Wager, are merely offers to wager. Wagers may be cancelled by You after a Notice of Confirmation has been issued by XPRESSBET; however XPRESSBET reserves the right to limit the number and the amount of cancelations that You can perform. XPRESSBET will be held harmless in the event that, due to any reason, a wager fails to be cancelled.

  5. DEPOSITS AND WITHDRAWALS

    There is no charge for opening an account with XPRESSBET; however under Oregon regulations a minimum initial deposit of $10 is required, with exception of Massachusetts, which requires an initial deposit of $25.

    You will not be permitted, under any circumstances, to establish a negative balance or overdraft in Your Account. A deposit of money to Your Account can only be made by You. Deposits can be made by mailing to, or presenting in person, at XPRESSBET service counters at designated Racetracks by cash, debit card, money order, certified or uncertified check along with a deposit slip bearing Your Account Number.

    Where permitted by law, we will accept credit card cash advances made by You to be credited to Your Account in person at XPRESSBET service counters at designated Racetracks. Pre-registered credit cards will enable You to make deposits to Your Account over the Internet or the telephone. No direct credit card pari-mutuel wagering is permitted. In the event that credit card, electronic transfers or check transactions (including ACH) are returned from Your bank unpaid, we reserve the right to remove these pre-deposited funds from Your Account or other forms of payment you have previously present to XPRESSBET for payment or use for other deposits. All returned items, whether ACH from a checking or savings account, or a physical check or Credit Card cash advances, are subject to an immediate $25.00 returned item charge, and are subject to collections efforts or proceedings.

    XPRESSBET reserves the right to charge a maintenance fee on all deposits. The current maintenance fee is $5 per transaction. This fee will be added to the amount of the deposit. The maintenance fee is discounted 100% for the following cash backed funding transactions: Xpressfund, Wire Transfer, Check or Money Order, Green Dot, Xpresspay, and PayNearMe. This fee may be waived or reinstated at the discretion of XPRESSBET.

    Withdrawals from Your Account in cash can be made by You in person, with valid photo identification and/or a valid Driver's License and a signed withdrawal slip, during regular business hours at XPRESSBET service counters. In the event that You wish to make a withdrawal from Your Account at a XPRESSBET service counter, there may a limit placed upon the amount of such withdrawal. A withdrawal request may also be made in writing including Your Account Number, signature and Password, by mail, fax, or e-mail when submitted to the XPRESSBET Business Office in which case we will honor such requests within 2 business days of our receipt, via regular mail to the address on file. You may make a withdrawal request by telephone or via this Web Site with the proper identification of secure Account information. If you have made a deposit via credit card, ACH or physical check in the last 6 days you will be unable to withdraw that deposit. This is to avoid fraudulent transactions.

  6. PAYMENT TERMS

    All Wagers placed will be in U.S. dollars. You are responsible for the payment of all applicable sales, use, gaming or other taxes for products, services, or Wagers purchased or placed. In offering account wagering services, XPRESSBET complies with Internal Revenue Service (IRS) and state tax department requirements for reporting and withholding proceeds from Wagers placed by account holders. Pursuant to these reporting requirements, You agree to indemnify and hold harmless XPRESSBET for any claims, demands, liens or judgments based on non-payment of underpayment of such taxes. You hereby grant to XPRESSBET a priority lien and security interest in all of Your right, title and interest in and to the proceeds of any Wager to the extent required to satisfy any taxing authority claims or liens. You agree to file any financing statements or other appropriate document with the relevant governmental authorities to assure the validity, priority and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any Wager to any third party without prior the written consent of XPRESSBET.

  7. PASSWORDS

    Users who have a Password allowing access to specific individual wagering accounts shall not disclose, transmit, post, give away or otherwise share the Password with any non-authorized party or use the Password for any unauthorized purpose. User agrees to notify XPRESSBET immediately of any unauthorized use of a Password, registration profile, or any other breach of a wagering account's security.

  8. INDEMNIFICATION

    You agree to indemnify and hold harmless XPRESSBET, its suppliers, distributors, subcontractors and its affiliates and related entities and their respective directors, officers, employees and agents, from and against all claims, losses, damages, liabilities and costs (included but not limited to reasonable attorneys' fees and court costs), arising out of or relating to Your breach of the Terms of Wagering, Terms of Use or misuse of this Web Site. The foregoing indemnification obligation shall survive termination of the Terms of Wagering, Terms of Use, this Website and Your purchase of any product or service provided to You.

  9. DISCLAIMER & LIMITATION OF LIABILITY

    ALL PRODUCTS AND SERVICES PURCHASED ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE GAMING ESTABLISHMENTS, DISTRIBUTORS AND SUPPLIERS. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XPRESSBET DISCLAIMS ALL WARRANTIES OR AFFIRMATIONS OF FACT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO PRODUCTS OR SERVICES PURCHASED. XPRESSBET DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS. XPRESSBET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION. XPRESSBET, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT AND WHETHER XPRESSBET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. XPRESSBET DISCLAIMS ANY LIABILITY FOR MISUSE OR ABUSE OF GAMING SERVICES OR NON-COMPLIANCE WITH LEGISLATION (AS DEFINED ABOVE). XPRESSBET MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, 15 U.S.C. ßß2301-2312. THIS DISCLAIMER APPLIES TO XPRESSBET SUBCONTRACTORS.

    Because certain jurisdictions to which the Terms of Wagering may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason, then the maximum liability of XPRESSBET for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or $100.00, whichever is less.

  10. MISCELLANEOUS
    1. Force Majeure

      XPRESSBET shall not be liable for any delay in or impairment of performance resulting in whole or in part from externally caused interference, damage or disruption to network components, transmission or pipeline facilities (which includes network, electrical or other common systems); irreparable component, transmission or pipeline failure (the failure or interruption of pipeline facilities); acts of God; severe weather conditions; governmental decrees or controls; strikes, labor disputes, acts of war or civil unrest; acts of third parties, inability to ship product or obtain permits and licenses, supplies or raw materials or any other circumstances or causes beyond the reasonable commercial control of XPRESSBET.

    2. Complete Agreement

      The Terms of Use, the Terms of Wagering and any related information contained in the Welcome Kit are incorporated herein by reference and collectively constitute the entire agreement between You and XPRESSBET regarding the subject matter hereof, subject to applicable law.

    3. Severability

      In the event any one or more of the provisions of the Terms of Wagering are for any reason to be invalid or unenforceable, the remaining provisions of such Terms of Wagering shall be unimpaired, and the invalid or unenforceable provision shall be replaced by a provision which being valid and enforceable, comes closest to the intention of the parties underlying the invalid or unenforceable provision(s).

    4. Independent Contractors

      You and XPRESSBET are independent contractors for all purposes and neither party shall act as or hold itself out as agent for the other nor create or attempt to create liabilities for the other party.

    5. Tax Reporting and Withholding

      Wagering resulting in winnings of $600.00 or more will be reported to the Internal Revenue Service if the amount of winnings is at least 300 times the original amount wagered. Winnings over $5,000.00 are subject to both reporting and withholding if the amount of winnings is at least 300 times the original amount wagered. Additionally, residents of Illinois are subject to state withholding of 3.75% on winnings of $5,000 or greater from horse and dog racing. Payments of winnings of $5,000 or greater are subject to Illinois withholding, notwithstanding that higher dollar thresholds for federal withholding may be provided. When required XPRESSBET will report and withhold winnings. A Form W2-G will be sent to You summarizing such activity.

    6. Choice of Law and Forum: No Modifications

      The Terms of Wagering are governed by the Commonwealth of Pennsylvania, without giving effect to its conflict of law principles. Except for residents of the State of Washington, jurisdiction and venue for any claim arising under the Terms of Wagering shall lie exclusively with the state or federal courts sitting in the Commonwealth of Pennsylvania. You waive any and all objections to such jurisdiction and venue and waives personal service of process and agree that any summons and complaint commencing an action in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to the Terms of Wagering shall be tried by a court and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT.

      No changes to the Terms of Wagering shall be made except by a revised posting on the Web Site or directly mailed or otherwise communicated to You. At the option of XPRESSBET, disputes between You and XPRESSBET shall be resolved by an arbitration panel sitting in the Commonwealth of Pennsylvania in accordance with the rules of the American Arbitration Association and any award rendered by such an arbitration proceeding may be entered in any court of competent jurisdiction thereof. The remedies provided in the Terms of Wagering for breach thereof by XPRESSBET or by You shall constitute the sole and exclusive remedies to the aggrieved party and any and all such remedies which might otherwise be available under the law of any jurisdiction are hereby expressly waived by both XPRESSBET and You.

    7. Theft and Fraudulent Activity

      XPRESSBET will report any activities that we reasonably believe constitute fraud or theft to the appropriate law enforcement authorities and may prosecute such activities to the full extent of the law. To the extent permitted by law, XPRESSBET will retain the proceeds resulting from such fraudulent activity or theft and use those funds to pay for damages and losses resulting from such fraudulent activity or theft

  11. Contact Us

    General and specific inquiries regarding Terms of Wagering should be directed to:

    Director of Operations

    200 Racetrack Road, Building 26

    Washington, PA 15301

    or via email to customerservice@xpressbet.com.