Terms and Conditions

Wagering Account Eligibility

To establish or maintain a wagering account on the Service, you must be:

At least twenty-one (21) years of age; A United States citizen or resident alien; A resident of a state where wagering services are available; and not currently subject to a self-exclusion from FanDuel Racing or any of our affiliated companies. You represent and warrant that the application information you provide is accurate. False statements made in regard to an application may subject the applicant to prosecution. You will provide FanDuel Racing with accurate and complete billing and primary residential information including your full legal name, residential address, telephone number, social security number and email address. Any changes to the above-mentioned account information must be reported to FanDuel Racing immediately. You authorize FanDuel Racing to verify your information provided using third party consumer databases. This authorization will remain in effect and FanDuel Racing may verify your information periodically, until such time as you notify FanDuel Racing that you wish to terminate your account. You agree to allow FanDuel Racing to use your information to open advance deposit wagering accounts on your behalf as required by law or contract. You acknowledge that you are opening your account with FanDuel Racing solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party. You are entirely responsible for complying (and that you comply) with your own local, federal, state or other laws concerning betting and gaming prior to opening an account, placing any bets, stakes or wagers or using the Service. In particular, if you are located in a state where use of a Service is prohibited, you must not: (i) register with us for the applicable Service; (ii) attempt to use that Service; or (iii) use your payment card or other payment method to undertake betting or gaming with us for the unlawful Service. For various legal, regulatory, commercial and/or other reasons, we do not permit accounts to be opened by persons who are located in certain states. The states which are prohibited may be changed by us from time to time, with or without prior notice to you. In the event that you are found to have breached any of the terms in this Section: (i) we may cancel any bet you may have placed; and (ii) we shall not be obliged to pay any winnings which might otherwise have been payable in respect of any bet you placed; and (iii) we may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.

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Wagering Account Procedures

You may access your account and place wagers through the Site or through our Apps. For your protection and privacy, a wagering account can only be accessed by the registered account holder with a valid username and password. If you register for any account that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username - whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, account number, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion, for any reason, and without advance notice or liability.

For your benefit, wagers placed through FanDuel Racing wagering systems are sent into combined (commingled) pools at the host racetrack and are subject to all host racetrack rules and restrictions. From time to time, FanDuel Racing may operate separate wagering pools from the host racetrack when pools cannot be commingled. Separate pools will be subject to rules and regulations of the applicable jurisdictional authority.

All wagers are considered final when a confirmation is received from our totalizator service provider. If for some reason we are unable to commingle your wager with the host pool, your wager will be refunded to your account.

We reserve the right to refuse any wagering transaction for any reason.

Proceeds from successful wagers will be deposited into your account as soon as each race is posted official and winning payouts are available from the host racetrack.

We reserve the right, at our sole discretion, to terminate an account at any time and for any reason. In the event your account is terminated or you close your account, we shall return to you the balance of any funds in your account at the time of termination or closure. If the balance of funds in your account at the time of termination or closure is less than $2.00, we will retain the balance as an account termination fee. If your account is inactive for six (6) consecutive months, a $2.00 per month account maintenance fee may be assessed until the balance reaches zero and the account is terminated. Please note that there will be no account maintenance fee charged to Minnesota residents.

We reserve the right, at our sole discretion, to refer any dishonored financial instruments to collection agencies, check registries and credit reporting agencies and to collect any fees or charges incurred due to dishonored financial instruments and expenses incurred as a result of our collection efforts, from the responsible accountholder.

You authorize us to obtain, at our discretion, credit bureau reports in connection with your request for an account. If an account is opened, we may obtain, at our discretion, credit bureau reports in connection with the review of your account.

Customers can only wager up to the amount held within their account. FanDuel Racing reserves the right to accept or decline the whole or part of any proposed wager.

Each wager will be given an individual number as confirmation of the wager. Wagers will be valid if accepted by the FanDuel Racing totalizator service provider, whether or not the customer receives the wager code. We are not liable for the settlement of any wagers where we have not issued a written confirmation of acceptance of the wager. It is the customer’s responsibility to ensure that all of the details of their wagers are correct. If you have any concern as to whether your wager has been accepted, please log in and go to the ‘My Account’ page of the Site where details of all live wagers entered into by you will be displayed. You must exercise your own judgement in placing a wager and you hereby confirm that you have not relied on the advice of any FanDuel Racing or affiliated company employee relating to any wager. You agree to pay us for all wagers that are placed with us using your account.

Please familiarize yourself with wagering terminology and how the various wagers operate. If you have any queries relating to the foregoing, please contact us. FanDuel Racing cannot accept any responsibility if you place a wager in circumstances where you do not fully understand any of the terms involved or how the wager operates. Guaranteed prices and other Promotions (defined below) are available at the discretion of FanDuel Racing and can be restricted on an individual account basis at any time. FanDuel Racing is not responsible for any taxes that may be payable by you whether on any wagers, on any winnings or otherwise.

FanDuel Racing reserves the right to void any or all wagers made by any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to defraud FanDuel Racing. FanDuel Racing may, at its sole discretion and without any requirement to give reasons, exclude any customer from the Service generally or from receiving selected Promotions (e.g., guaranteed best price; bonuses; free bets; enhanced prices; and money-back specials) and any other promotions and offers introduced by us from time to time.

In the event of there being a dispute over the time at which a wager was placed or whether a wager has been placed, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted wager was not recorded on the transactional log, no wager shall be deemed to have been placed. You should check your account balance each time you visit the Service.

It is a condition of our acceptance of wagers from you, and by offering to place a wager with us you represent and warrant, that you are not prohibited from entering into the wager by any term of your contract of employment, these Terms and Conditions or any rule of a sport governing body or other professional body of which you are a member, which applies to you. In the event of any representation made by you in this Section proving to be false, FanDuel Racing reserves the right to void wagers, suspend your account, and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the wager.

FanDuel Racing makes every effort to ensure that no errors are made in prices offered or wagers accepted. However, human and/or systems’ error may occasionally result in errors. FanDuel Racing reserves the right to correct any obvious errors and to void any wagers placed where such have occurred. In the case of any blatant errors in prices transmitted (including for example where the price being displayed is materially different from those available in the general market and/or the price is clearly incorrect, depending on all of the circumstances), wagers will be settled at the post-time odds. Should funds be credited to a customer’s account in error, it is the customer’s responsibility to notify FanDuel Racing of the error without delay. Any winnings subsequent to the error and prior to the notification of FanDuel Racing, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, FanDuel Racing. Any monies which are credited to your account, or paid to you as a result of an error shall be deemed, pending resolution as set forth above to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have monies in your account we may reclaim these monies from your account. We agree that we shall use reasonable endeavors to detect any errors and inform you of any such errors relating to you, your engagement with us, or your account, as soon as reasonably practicable. As soon as you suspect or become aware of an error you shall: (i) immediately cease wagering; and (ii) inform us as soon as reasonably practicable of any such error or suspected error. Where you have used monies which have been credited to your account or awarded to you as a result of an error to place subsequent wagers, we may cancel such wagers and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such wagers, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. If you are incorrectly awarded any winnings as a result of (a) any human error; or (b) any bug, defect or error in the Service, then FanDuel Racing will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.

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Wagering Transaction Cancellations*

As a FanDuel Racing member, you may request to cancel wagering transactions on any race, with the exception of pools where cancellation is prohibited by the racetrack (Future Pools) or prohibited by the racetrack’s state jurisdictional authority. You may request to cancel up to a maximum aggregate wagering transaction amount of $5,000 in a day and of $25,000 during that calendar month. Wagering transaction cancellations may be made as follows:

Online wagering transaction cancellations - A wagering transaction with a base amount of $1,000* or less in win, place or show pools and with a base amount of $500 or less for any one combination in multiple, exotic or super-exotic pools may be cancelled online at racing.fanduel.com.

Wagering transaction cancellations through FanDuel Racing’s Customer Relations Department - A wagering transaction with a base amount of $1,000* or less in win, place or show pools and with a base amount of $500 or less for any one combination in multiple, exotic or super-exotic pools may be cancelled upon your request and FanDuel Racing’s verification that you have not reached your daily limit of $5,000 or monthly limit of $25,000. Wagering transaction cancellation requests greater than the limits set forth above may be requested by messaging via our chat platform or by sending an e-mail via web form through our FanDuel Racing support page located on the various wagering platforms, or by calling 1-888-752-9884, and must be approved by a FanDuel Racing Customer Relations Supervisor in his or her sole discretion. Accountholders requesting cancellations through the FanDuel Racing Customer Relations Department must remain on the line, or active on the chat platform or e-mail communications until the wagering transaction cancellation is finalized. You will be notified of the completed cancellation or the reason the wagering transaction could not be cancelled. Cancellations that, in the opinion of FanDuel Racing management, may cause substantial altering of odds, prices or betting totals will be denied.

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Important Wager Cancellation Restrictions

FanDuel Racing may refuse to accept a wager transaction cancellation request for any reason. FanDuel Racing may refuse to permit any accountholder the privilege of requesting or processing wagering cancellation requests for any reason. Wagering transactions may be cancelled until wagering is closed by the racetrack totalizator company for the racetrack hosting the live race on which the wagering transaction was made. Wagering transaction cancellations made via chat or e-mail or by calling customer relations staff will be processed in the order received. FanDuel Racing does not guarantee cancellation of a wager. No account holder may cancel wagering transactions over a maximum aggregate wagering transaction amount of $5,000 per day or $25,000 during a calendar month. Wagering transaction cancellations will not be provided via the automated telephone wagering system. As mentioned previously, some jurisdictions and racetracks do not allow wager cancellations.

*New York Residents Only - Online wagering transaction cancellations are limited to $500 in Win, Place or Show Pools on any betting entry and $50 for any one combination in multiple, exotic or super-exotic pools. Wagering transaction cancellation requests for amounts over $500 on Win, Place or Show pools on any betting entry and over $50 on any one combination in multiple, exotic or super-exotic pools may be requested via chat or e-mail or by calling FanDuel Racing’s customer relations center. Cancellations that, in the opinion of FanDuel Racing management, may cause substantial altering of odds, prices or betting totals will be denied.

*VA Residents Only - Wagering transaction cancellations are limited to $250 online at racing.fanduel.com. All wagering transaction cancellation requests over $250 must be reviewed and approved by a FanDuel Racing customer relations supervisor and will be reported to the VA Racing Commission.

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Tax Withholding

By law, any wager that results in proceeds of $600.00 or more must be reported to the Internal Revenue Service (IRS), if the amount of such proceeds is at least 300 times as large as the amount wagered. Any wager that results in proceeds of more than $5,000.00, is subject to reporting and withholding if the amount of such proceeds is at least 300 times as large as the amount wagered. If you are subject to IRS reporting and/or withholding requirements, we will send you Form W2-G summarizing information for tax purposes following the winning wager, less any applicable withholding, being deposited into your account. Upon written request, we will provide you with summarized tax information on your wagering activities.

*Illinois Residents Only: By law, any wager which results in proceeds of more than $5,000.00 is subject to state withholding tax of 3.75% if the amount of such proceeds is at least 300 times as large as the amount wagered.

*Massachusetts Residents Only: By law, any wager that results in proceeds of $5,000.00 or more is subject to state withholding tax of 5% if the amount of such proceeds including the cost of the wager is at least 300 times as large as the wager amount.

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Wagering Account Balance, Deposit, and Withdrawal Procedures

Account deposits will be made available for customer use in accordance with normal financial industry availability standards. Deposits may be subject to deposit fee charges. Withdrawal requests will be processed within five (5) business days after receipt. The availability of withdrawn funds is subject to standard banking restrictions.

Your account balance bears no interest.

You can check account balances through our various wagering platforms or by calling our Customer Relations Representatives at 1-888-752-9884.

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Disclosures and Policies

Your wagering account is for your personal use and is non-transferable. We reserve the right to void any wagering transaction if there is reason to believe that someone other than you deposited funds in or placed a wager from your account. By law, you must immediately notify us of a change in your state of residency by messaging via our chat platform or by sending an e-mail via web form through our FanDuel Racing support page located on the various wagering platforms, or by calling 1-888-752-9884. Proof of residency documents are required to update residential addresses. If you move to a state where wagering services are not available, we are required to terminate your account and return to you all remaining funds subject to the termination fee for accounts with an account balance of less than $2.00. We reserve the right to terminate an account at any time and for any reason.

For your information, the data we (or any of our suppliers, including Equibase Company LLC) provide or compile generally is accurate, but occasionally errors and omissions occur as a result of incorrect data received from others, mistakes in processing and other causes. Accordingly, we along with our data providers and suppliers, including Equibase Company LLC, disclaim responsibility for the consequences, if any, of such errors and omissions, but would appreciate notification of any errors.

FanDuel Racing 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, FanDuel Racing 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. FanDuel Racing reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard. FanDuel Racing reserves the right to suspend or terminate any account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities. You represent and warrant that all money that you deposit in your account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.

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Promotions and Offers

From time to time, FanDuel Racing may conduct promotions on or through the Service, including, without limitation, contests, sweepstakes, offers and other promotions (“Promotions”). Each Promotion may have additional terms and/or rules of participation (“Promotion Terms”), which will be posted or otherwise made available to you at or near the place of the Promotion announcement. The Promotion Term for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms. It is your responsibility to read the Promotion Terms to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements. We reserve the right to restrict participation in any Promotion for any reason in our sole discretion, including based on wagering patterns or wagering history or if you fail to take advantage of our Promotions in good faith.

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Content, Ownership, Limited License and Rights of Others

• Content. The Service contains a variety of: (i) materials and other items relating to FanDuel Racing and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, broadcasts, telecasts, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of FanDuel Racing (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
• Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by FanDuel Racing and/or our licensors and certain other third parties. All Content included on the Service is used with the permission of FanDuel Racing, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Service is the property of FanDuel Racing or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
• Limited License. Subject to your strict compliance with these Terms and any Additional Terms, FanDuel Racing grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Service explicitly for you for use as part of or to be incorporated into your User Content (“FanDuel Racing Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the FanDuel Racing Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such FanDuel Racing Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in FanDuel Racing’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or FanDuel Racing Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Service for public or commercial purposes, including the text, images, audio, and video without FanDuel Racing’s written permission.
• Rights of Others. When using the Service, you must respect the intellectual property and other rights of FanDuel Racing and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. FanDuel Racing respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 15 below.
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Terms Applicable to User Content

• General. FanDuel Racing may now or in the future offer you the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding FanDuel Racing Licensed Elements included therein, “User Content”). FanDuel Racing may allow you to do this through forums, blogs, message boards, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.
• Non-Confidentiality of Your User Content. Except as otherwise described in the FanDuel Racing posted or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential - regardless of whether you mark them “confidential,” “proprietary,” or the like - and will not be returned, and (b) FanDuel Racing does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon FanDuel Racing’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk. In your communications with FanDuel Racing, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for wagering mechanisms, music, web sites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Content and licensed to us as set forth below. In addition, FanDuel Racing retains all of the rights held by the general public with regard to your Unsolicited Ideas and Materials. FanDuel Racing’s receipt of your Unsolicited Ideas and Materials is not an admission by FanDuel Racing of their novelty, priority, or originality, and it does not impair FanDuel Racing’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
• License to FanDuel Racing of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you grant to FanDuel Racing, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to FanDuel Racing to your User Content, you also grant to FanDuel Racing the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 10.
• FanDuel Racing’s Exclusive Right to Manage our Venue. FanDuel Racing may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and FanDuel Racing may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth in the Code of Conduct. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content in connection with the Service or elsewhere.
• Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant FanDuel Racing the rights to it that you are granting by these Terms and any Additional Terms, all without any FanDuel Racing obligation to obtain consent of any third party and without creating any obligation or liability of FanDuel Racing; (b) the User Content is accurate; (c) the User Content does not and, as to FanDuel Racing’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the Code of Conduct) or any Additional Terms, or cause injury or harm to any person.
• Enforcement. FanDuel Racing has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at FanDuel Racing’s cost and expense, to which you hereby consent and irrevocably appoint FanDuel Racing as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

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Disputes with Other Users

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Code of Conduct

• User Content.

  You understand and agree that FanDuel Racing may review and delete any User Content that, in the sole judgment of FanDuel Racing, violates these Terms or which might be offensive, inconsistent with what is appropriate in our Service, illegal, or that might violate the rights, harm, or threaten the safety of users. The following is a list of the kind of User Content that is prohibited on the Service. FanDuel Racing reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Service and terminating the participation of such violators. Content that violates the “Code of Conduct” includes, but is not limited to, User Content that:

  • is patently offensive, such as User Content that promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person or any cursing, stalking, insuring comments, personal attacks or gossip;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or flooding;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays obscene, pornographic or sexually explicit material of any kind or is defamatory or slanderous; promotes any infringing, illegal, or other similarly inappropriate activity;
  • impersonates any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
  • solicits personal information from anyone; and engages in commercial activities and/or sales without FanDuel Racing’s prior written consent, including, but not limited to, contests, sweepstakes, barter, advertising, and pyramid schemes.

  Even though all of this is strictly prohibited, there is a small chance that users might become exposed to such items and each user further waives his or her right to any damages (from any party) related to such exposure.

  Your submission of User Content is also subject to these additional rules that are part of our Code of Conduct:

  • Your User Content.

    All of your User Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to FanDuel Racing. (For example, if someone has taken a picture of you and your friend, and you submit that photo to FanDuel Racing as your User Content, then you must obtain your friend’s and the photographer’s permission to do so.)

  • Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family

    If you choose to submit photos to the Service, link to embedded videos, or include other images of real people then make sure they are of you or of you and someone you know - and only if you have their express permission to submit it.

  • Don’t Damage the Site or Anyone’s Computers or Other Devices.

    Your User Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.

  • Others Can See.

    We hope that you will use the Service to exchange information and content and have venue appropriate discussions with other users. However, please remember that the site pages of the Service may be public or semi-public and User Content that you submit in connection with the Service may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on public or semi-public spaces and take care when disclosing this type of information to others.

  • Don’t Share Other Peoples’ Personal Information.

    Your User Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by FanDuel Racing.

  • If you submit User Content that we reasonably believe violates this Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Service. If you discover any content that violates these Terms, then you may report it to DMCA@TVG.com. For alleged infringements of copyrights, see Section 15, below.

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Service and Content Use Restrictions

• Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) transmit any chain letters or junk email to other users; (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to FanDuel Racing; (v) reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Service; (vi) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, FanDuel Racing, or other users of the Service; (vii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Content; or (viii) otherwise violate these Terms or any Additional Terms.
• Service and Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the FanDuel Racing Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of FanDuel Racing or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
• Availability of Service and Content. FanDuel Racing may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them) in whole or in part for any reason, in FanDuel Racing’s sole discretion, and without advance notice or liability.
• Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by FanDuel Racing and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
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Linked Sites; Advertisements; Dealings with Third Parties

• Linked Sites; Advertisements. The Service may contain other links to sites that are controlled by third parties (“Linked Sites”). Those Linked Sites are not controlled by FanDuel Racing, and you acknowledge that FanDuel Racing is not responsible for the content of any such Linked Site or any link contained in a Linked Site. FanDuel Racing provides such links only as a convenience, and the inclusion of any link does not imply endorsement by FanDuel Racing of any Linked Site. FanDuel Racing does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, FanDuel Racing is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, FanDuel Racing will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. FanDuel Racing disclaims all liability in connection therewith.
• Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). FanDuel Racing disclaims all liability in connection therewith.
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Designated Agent for Copyright Infringement Notification

• DMCA Notice. FanDuel Racing will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
  • a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  • a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
  • your full name, address, telephone number and email address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  • your electronic or physical signature.
  • FanDuel Racing will only respond to DMCA Notices that it receives by mail, email or facsimile at the addresses below:
  • By Mail: FanDuel Racing, 6701 Center Drive West, Suite 800, Los Angeles, CA 90045 (Attn: DMCA Agent)
  • By E-mail: dmca@TVG.com
  • By Facsimile: (310) 242-9501

  It is often difficult to determine if your copyright has been infringed. FanDuel Racing may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and FanDuel Racing may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

  Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  Without limiting FanDuel Racing’s other rights, FanDuel Racing may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by FanDuel Racing.

• Counter-Notification.

  If access on the Service to a work that you submitted to FanDuel Racing is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  • a legend or subject line that says:
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your full name, address, telephone number, e-mail address, and the username of your account;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  • your electronic or physical signature.
  • Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

  If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

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Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.

THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, FanDuel Racing, its parent companies, and each of their respective subsidiaries and affiliated companies, and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “FanDuel Racing Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

• the Service and any wagering activities (including the Content and the User Content);
• the functions, features, or any other elements on, or made accessible through, the Service;
• any products, services, or instructions offered or referenced at or linked through the Service;
• security associated with the transmission of your wagers, information and User Content transmitted to FanDuel Racing or via the Service;
• whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
• whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
• whether any defects to or errors on the Service will be repaired or corrected;
• whether your access to the Service will be uninterrupted;
• whether the Service will be available at any particular time or location; and
• whether your use of the Service is lawful in any particular jurisdiction.
• EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A FANDUEL RACING PARTY, THE FANDUEL RACING PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, 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.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the aboven disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

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Limitation on Liability

UNDER NO CIRCUMSTANCES WILL ANY FANDUEL RACING PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

• the Service and any wagering activities (including the Content and the User Content);
• your use of or inability to use the Service, or the performance of the Service;
• any action taken in connection with an investigation by FanDuel Racing Parties or law enforcement authorities regarding your access to or use of the Service;
• any action taken in connection with copyright or other intellectual property owners or other rights owners;
• any errors or omissions in the Service’s technical operation; or
• any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
• The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the FanDuel Racing Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FANDUEL RACING PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.

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Our Rights

FanDuel Racing reserves the right to modify, suspend, cancel or discontinue the Service, in whole or in part, for any reason, at its sole discretion, with or without notice to you. You agree that FanDuel Racing will not be liable to you or any third party for any modification or discontinuance of the Service. FanDuel Racing reserves the right to interpret and apply the policies and procedures communicated in these Terms. FanDuel Racing reserves the right to terminate your participation in the Service, to deny award of any payment and/or terminate service if, in FanDuel Racing’s sole judgment, you have in any way violated these Terms.

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Indemnity

In exchange for the right to participate in the Service, you agree to indemnify, defend (at our option) and hold the FanDuel Racing Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Service related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (ii) your User Content; (iii) your use of the Service and your activities in connection with the Service; (iv) your breach or anticipatory breach of these Terms or any Additional Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service, participation in any wagering transactions, and your other activities in connection with the Site, App and the Service; (vi) information or material transmitted through your Device, 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; (vii) any misrepresentation made by you; and (vii) our use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses”). We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any bet or receiving any payout.

You will 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 FanDuel Racing. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.

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Update to Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services. Account wagering rules, policies, terms, conditions, and procedures are subject to change by us at any time. Changes will be posted on our website, racing.fanduel.com, or can be obtained by calling 1-888-752-9884. It is your responsibility to be aware of all wagering rules, policies, terms, conditions, and procedures, including any subsequent changes.

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Communications, Notices and Customer Service

By signing-up for the Service, you agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Service or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses provided in your account. These communications may include marketing communications about the Service as well as other promotional offers unrelated to the Service and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your sign-up to the Service will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Service by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your account.

All requests for information, questions, account reconciliation, wagering discrepancies, etc., must be made via our chat platform or by sending an e-mail via web form through our FanDuel Racing support page located on the various wagering platforms, or to our Customer Relations Department by calling toll free 1-888-752-9884. For your protection, all conversations and communications with our Customer Relations Representatives are recorded and archived.

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Arbitration*

• Claims of Non-Payment. Any claim alleging that a non-payment has occurred will be resolved under the rules issued by the Oregon Racing Commission.

  *Maryland Residents Only: Unresolved claims alleging that nonpayment has occurred or unresolved exceptions to an account activity report will be resolved under the Telephone Account Betting Rules issued by the Maryland Racing Commission and provided along with your new subscriber information.

  *New York Residents Only: Unresolved claims alleging that nonpayment has occurred or unresolved exceptions to an account activity report will be resolved under the Rules issued by the New York Gaming Commission. The arbitration will be conducted in Albany, New York and judgment on the arbitration award may be entered into any court having jurisdiction over the losing party. Any party to the arbitration may seek any interim or preliminary relief from a court of competent jurisdiction in Albany, New York necessary to protect the rights or property of such party pending the completion of arbitration.

  *Minnesota Residents Only: Unresolved claims alleging that nonpayment has occurred or unresolved exceptions to an account activity report will be resolved under rules or rulings issued by the Minnesota Racing Commission, or through court proceedings conducted in St. Paul, Minnesota.

• APPLICABLE LAW/BINDING ARBITRATION. ALL OTHER CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATED TO OUR SERVICE OR THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE SERVICE TERMS, THE SERVICE, WAGERING TRANSACTIONS, THE SITE, THE APP, OR THE BREACH OF THESE TERMS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO JAMS (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN HILLSBORO, OREGON, BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD.

  *Minnesota Residents Only: ALL OTHER CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATED TO OUR SERVICE OR THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE SERVICE TERMS, THE SERVICE, WAGERING TRANSACTIONS, THE SITE, THE APP, AND/OR THE BREACH OF THESE TERMS SHALL BE ADJUDICATED IN A COURT OF COMPETENT JURISDICTION IN MINNESOTA.

• Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
• Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim in small claims court.
• No Class Action Matters. Except where prohibited by law, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Service, any wagering transaction and winnings awarded in connection therewith will be arbitrated 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; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Service, but in no event attorneys’ or experts’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
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Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATIONS, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF FANDUEL RACING.

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General Provisions

• Severability. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
• Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. 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.
• Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of its site’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
• Assignment. We may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of FanDuel Racing.
• No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
• Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
• Other. The Service has been approved by multiple regulatory authorities. All accounts are maintained and wagering information is processed at a licensed facility located in Oregon. It is not intended to be an offer or solicitation in those states where prohibited.
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Terms Applicable For Apple iOS

If you are accessing or using one of our Apps through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):

• To the extent that you are accessing the App through an Apple Device, you acknowledge that these Terms are entered into between you and FanDuel Racing and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
• The license granted to you in Section 9 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: terms) and any third party terms of agreement applicable to the App.
• You acknowledge that FanDuel Racing, and not Apple, is responsible for providing the App and Content thereof.
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.
• To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and FanDuel Racing, FanDuel Racing and not Apple is responsible for addressing any claims you may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Further, you agree that if the App, or your possession and use of the App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
• You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
• When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
• You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
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Patent Notice

Products and services offered by FanDuel Racing, including the racing.fanduel.com website, are covered under one or more of the following United States patents: 6,554,709; 6,554,708; 6,089,981; 6,004,211; 5,830,068 to ODS Technologies, L.P. and/or its subsidiaries.

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Responsible Wagering

AWARE - Always Wager Responsibly - National Gambling Helpline: 1-800-522-4700.

FanDuel Racing is a recognized leader in the area of responsible wagering. If you would like information about tools to help you manage your gambling activity, please go to our AWARE Program Page or contact the National Gambling Helpline: 1-800-522-4700.

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