Please read carefully. If you disagree with any of the terms of use below, do
not use this site.
This web site is maintained by Youbet.com®, Inc. ("Youbet"). Your access to
and use of the web site is subject to the following terms and conditions of use
and all applicable State and Federal laws. By accessing and browsing the web
site, you accept, without limitation or qualification, these Terms and
Conditions and acknowledge that any other agreements between you and Youbet
regarding the subject matter hereof are superseded and of no force or effect.
Please note that section headings are for your convenience only and have no
legal effect.
SERVICE
Youbet's Service consists of both limited and unlimited monthly access to the
Youbet closed-loop network, including all available track programs, live odds
for all available tracks, and live audio/video for available premium track
content. Service for select wagering jurisdictions also include the ability to
place wagers on available races through Youbet's licensed online Wagering
Platform, or Youbet Mobile; telephone wagering system. Youbet reserves the
right to change the Service or any specific feature of the Service at any time,
without notice.
APPLICATION REQUIREMENTS
Upon acceptance and completion of the application process, you will become a
Youbet Account Holder. By becoming an Account Holder, you certify, agree and
accept the following:
a. You have read and agree to use the Account in accordance with the
Terms and Conditions set forth and acknowledge any and all other agreements
between you and Youbet, including Youbet's Privacy Policy.
b. You represent and warrant to Youbet that you are at least 21 years of
age.
c. You will provide Youbet with accurate and complete billing and primary
residential information including your full legal name, residential address,
telephone number and email address. Any changes to the above-mentioned Account
information must be reported to Youbet as soon as possible, but in no event
later than 10 days after such change.
d. You will provide Youbet with an accurate social security number.
e. You agree to pay all charges posted to your account for the Services
provided under this Agreement. Procedures for cancellation of this Agreement
are provided below.
f. You authorize Youbet to verify Account Holder information provided
using a third party consumer database. This authorization will remain in effect
and Youbet may verify your Account Holder information periodically, until such
time as you notify Youbet, in writing, that you wish to cancel your Account.
g. You agree to allow Youbet to use your information to open advance
deposit wagering accounts on your behalf as required by law or contract.
DEPOSITS, WITHDRAWALS, AND WAGERING
Deposits:
Deposits to your Account can be made by credit card, debit card, check, money order, cashiers check, wire transfer or by signing up with Youbet's ExpressCash™ Service.
Credit and debit card deposits are credited upon authorization from the issuing bank, and are limited to $1,000 per 30 day period or, upon submitting a Credit/Debit Card Authorization Form, $1,000 per day, $3,000 per seven days, and $5,000 per 30 days. Account Holders wagering down to a zero balance may not make additional credit or debit card deposits until the following racing day (24-hour Cooling Off Period). Please note that additional restrictions and regulations may apply for certain jurisdictions. Youbet reserves the right to enforce additional restrictions at its sole discretion.
Youbet accepts personal checks by mail. All personal checks are subject to a hold period to enable check clearance (generally five (5) business day hold). In the event of a return, all returned checks or returned ACH (Electronic Checks) will be subject to a $25.00 returned item service charge.
Youbet accepts money orders and cashiers checks by mail. All money orders and cashiers check are given immediate credit after confirmation of validity.
Wire transfers must be drawn on an account for which the Account Holder is an owner. All wire transfers are funded immediately upon receipt of confirmation. Account Holders may be held liable for any transfer fees imposed by the transmitting or receiving entity and the charges shall be deducted from the Account Holders Account. Wires returned to transmitting entity will be charged a $100 processing fee.
In order to fund your Account using ExpressCash, Account Holder's must provide Youbet with a completed ExpressCash Authorization Form. All Express-Cash™ deposits are subject to a hold period to enable check clearance (generally 1-5 business day hold).
Withdrawals:
All withdrawal requests must be made by using the Youbet.com® web site or by telephone. Account Holders must authenticate themselves prior to any withdrawal request. Withdrawals are available by check or ACH only. All withdrawal requests are processed within five business days of request and drafted in the Account Holders legal name, and sent to the Account Holders residence address on file, or the checking account designated in the ExpressCash Authorization Form used to establish their ExpressCash account.
Wagering:
Account Holders may place wagers with Youbet by telephone or through the internet. Account Holders may only wager up to the balance of their Wagering Accounts. All approved wagers are withdrawn from the Account Holder's Wagering Account prior to submission of wager. Credits for winning wagers are deposited into the Account Holder's Wagering Account after official results have been posted by the respective track. Youbet.com® reserves the right to reject any wager for any reason at its sole discretion. All wagers placed from non-wagering jurisdictions shall be rejected.
All ineffective wager requests due to tote error, track error, communications complications, pool merge failure, or any other technical difficulties shall be canceled, and the wagering amount refunded to the Account Holders account. Youbet reserves the right to cancel any wager and refund the wager amount to the Account Holder account.
TAX REPORTINGS AND WITHHOLDINGS
In accordance with IRS laws, any wager resulting in winnings of $600.00 or more
must be reported to the Internal Revenue Service, if the amount of winnings is
at least 300 times the amount wagered. In addition any wager resulting in
winnings over $5,000.00, is subject to reporting and withholding if the amount
of winnings is at least 300 times the amount wagered. All winnings subject to
reporting and/or withholding shall be reported and/or withheld by
Youbet.com® and a copy of the W2-G Form summarizing the information shall
be sent to the Account Holder for tax purposes.
CHARGES, BILLING AND FREE TRIAL
Upon the expiration of any applicable Free Trial membership, if you have not
earned any free credits, you will need to choose the $10.95 limited access
subscription plan or the $17.95 unlimited access subscription plan. Additional
savings are available to those selecting multiple month plans. Youbet reserves
the right to change our fees or billing methods at any time. All Account
Holders are encouraged to review the Youbet Terms and Conditions periodically
for updates and changes.
Subscription pricing information is posted and updated on Youbet's FAQ's page.
Prices may also be obtained by calling Member Services at 1-888-YOUBET8. All
Subscription Plans are billed monthly, quarterly, bi-yearly, or yearly,
depending on Plan selected. Account holders shall pay for past performances and
other handicapping products, per track, per day, in accordance with listed
rates.
Account Holders purchasing handicapping products shall be charged for those
purchases at the end of each monthly billing cycle. Charges may be incurred by
credit card or deducted from the Account Holders Products and Services Account.
Account Holders wishing to pay for subscription plans by check or money order
must purchase a minimum of three (3) months Service.
Payments for Services provided must be received in a timely manner. Penalties
incurred for late payment, delinquent accounts, and any attorney and collection
fees incurred by Youbet, shall be the sole responsibility of the Account
Holder. Delinquent accounts may be suspended or canceled at Youbet's sole
discretion, and will continue to incur monthly fees and penalties until such
account is terminated by you or by Youbet in accordance with this Agreement. If
your account incurs charges, which are declined by your Credit Card Company or
financial institution, Youbet reserves the right to re-bill you for those
charges, regardless of your account status or purchase date.
Account Holders are liable for all applicable State taxes, duties, or levies,
which are required by law.
If you believe that Youbet has billed you in error, you must contact Member
Services at 1-888-YOUBET8, within 60 days of the date the charge posted to your
account. Refunds or adjustments will not be given for any charges that are more
than 60 days old.
Youbet.com reserves the right, at our sole discretion, to terminate an account at
any time and for any reason. In the event an account is terminated and as appropriate,
we shall return to you the balance of any funds in your account at the time of termination.
If the balance of funds in your account at the time of termination is $2.00 or less, we
will retain the balance as an account termination fee. If there is no wagering activity on
your account 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 closed.
USE OF THE SERVICE
Only authorized Account Holders shall have access to Services provided by
Youbet. Any wagers placed by a person other than the Account Holder is strictly
prohibited and will give Youbet the right to terminate your Account
immediately. You are legally responsible for all wagers placed from your
Account using your Account Number and PIN over the phone, or online with your
Handle and Password. You bear full responsibility for maintaining the
confidentiality of your Account Number, PIN, Handle and Password.
Account Holders shall not use the Service, or permit others to use the Service,
in any way that violates any Federal or State Laws or Regulations. Violations
of Federal or State Laws may subject Account Holders to civil and/or criminal
penalties.
Account Holders shall be responsible for all charges to their Account. Youbet
will not, under any circumstances, be responsible for any unauthorized usage of
an Account Holder's Advance Deposit Wagering Account with Youbet's licensed online Wagering
Platform, or the Youbet Mobile.
ACCOUNT HOLDERS SHALL NOT MAKE WAGERS FROM THEIR ACCOUNT WHILE RESIDING OR
LOCATED IN A NON-WAGERING JURISDICTION IN WHICH PARI-MUTUEL WAGERING IS
FORBIDDEN. IN PARTICULAR, ACCOUNT HOLDERS MAY NOT PLACE WAGERS WHILE RESIDING
OR LOCATED IN: ALASKA; ARIZONA; DISTRCIT OF COLUMBIA; GEORGIA; HAWAII; MISSISSIPPI; MISSOURI; NEBRASKA; NEVADA; NEW JERSEY; NORTH CAROLINA; PUERTO RICO; SOUTH CAROLINA; US
VIRGIN ISLANDS; AND UTAH. PLACING A WAGER WHILE IN ONE OF THESE JURISDICTIONS
MAY RESULT IN THE CRIMINAL PROSECUTION OF THE ACCOUNT HOLDER.
ACCOUNT HOLDERS ARE ADVISED THAT IN THE EVENT OF A CRIMINAL INVESTIGATION BY
STATE OR FEDERAL AUTHORITIES OR REGULATORY INQUIRY PURSUANT TO YOUBET'S
LICENSES, THE ACCOUNT HOLDER WAIVES ANY AND ALL RIGHTS TO ACCOUNT HOLDER
INFORMATION AND DATA IN YOUBET'S POSSESSION, AND ACCOUNT HOLDER SPECIFICALLY
AUTHORIZES YOUBET TO DISCLOSE SAID DATA AND INFORMATION TO LAW ENFORCEMENT
AUTHORITIES AND ACCOUNT HOLDER RELEASES YOUBET OF ALL LIABILITY IN THIS REGARD
TO THE FULL EXTENT POSSIBLE BY LAW.
LIMITATION OF LIABILITY
Although Youbet diligently updates all track and wagering information
periodically, in no way shall Youbet be liable for damages whether direct,
indirect, incidental, exemplary, punitive, special or consequential, including,
but not limited to loss of revenue, anticipated profits or other economic loss,
whether foreseeable or not, in connection with or arising out of the
availability, existence, furnishing or functioning of any services or
information provided, including but not limited to omission or misstatements of
track program, past performances and late changes of race information.
Youbet shall not be liable for any loss or damage, delay in performance or
nonperformance caused by equipment malfunction or breakdown, information
unavailability, strikes or other labor disputes, or riots, fire, insurrection,
war, failure of carriers, the elements, accidents, acts of God, or any other
causes beyond Youbet's control whether or not similar to the foregoing.
Youbet may, in its sole discretion and at any time, modify, alter or discontinue
the Service or limit, terminate or suspend Account Holder use of the Account.
Youbet encourages responsibility in gambling behavior. As such, the Account
Holder's spouse, adult children and parents may also terminate or cancel this
Agreement and the Service.
ARBITRATION CLAUSE
All disputes, controversies or differences which may arise between Youbet and an
Account Holder, out of or in relation to or in connection with this Service
shall be finally settled by arbitration in Woodland Hills, California, in
accordance with the rules for commercial arbitration of the American
Arbitration Association in effect at the time such arbitration is initiated. A
list of arbitrators shall be presented to the Claimant and Respondent from
which one will be chosen using the applicable rules. The decision of the
arbitrator shall be final and binding upon all Parties.
The prevailing party shall be awarded all of the filing fees and related
administrative costs. Administrative and other costs of enforcing an
arbitration award, including the costs of subpoenas, depositions, transcripts
and the like, witness fees, payment of reasonable attorney's fees, and similar
costs related to collecting an arbitrator's award, will be added to, and become
a part of, the amount due pursuant to this agreement. Any questions involving
contract interpretation shall be made in accordance with the laws of
California. An arbitrator's decision may be entered in any jurisdiction in
which the party has assets in order to collect any amounts due hereunder.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this web site ("Software")
is the copyrighted work of Youbet and its affiliates. Use of the Software is
governed by the terms of the end user license agreement ("License Agreement"),
if any, which accompanies or is included with the Software. You will be unable
to install any Software that is accompanied by or includes a License Agreement,
unless you first agree to the License Agreement terms.
The Software is made available for downloading solely for use by you according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any
other server or location for further reproduction or redistribution is
expressly prohibited. You do not acquire any ownership rights by downloading
any material on or from the site.
The software is warranted, if at all, only according to the terms of the License
Agreement. Except warranted in the license agreement, Youbet hereby disclaims
all warranties, conditions with regard to the software, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
title and non-infringement.
No software from the Youbet web site may be downloaded or otherwise exported or
re-exported into (or to a national or resident of) any countries that are
subject to U.S. export control restrictions. By downloading or using software
from this web site, you represent and warrant that you are not located in,
under the control of, or a national or resident of any country that is subject
to U.S. export restrictions.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Permission to use press releases, datasheets and FAQs from this web site is
granted, provided that:
(1) the below copyright notice (4) appears in all copies and that both
the copyright notice and this permission notice appear,
(2) use of such documents from this web site is for informational and
non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media, and
(3) no modifications of any documents shall be made. Use for any other
purpose is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
(4) 2004, Youbet.com® Inc., All Rights Reserved.
Documents specified above should not include the design or layout of the Youbet
web site or any other Youbet owned, rated, licensed or controlled site.
Elements of the Youbet web sites are protected by trade dress, trademark,
copyright, and other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from any Youbet web site may be copied
or retransmitted unless expressly permitted by Youbet.
Youbet and its affiliates make no representations about the completeness,
accuracy, timeliness, continuity, appropriateness, and suitability for any
purpose, of any information contained in the documents and related graphics
published on this web site. All such documents and related graphics are
provided "as is" without warranty of any kind. Youbet and its affiliates hereby
disclaim all warranties and conditions with regard to this information,
including all expressed and implied warranties and conditions of
merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Youbet or its affiliates be liable for any special,
incidental, punitive, indirect, or consequential damages or any damages
whatsoever resulting from the use, or loss of use, of the service, the cost of
procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received or
transactions entered into through or from the service, unauthorized access to
or alteration of your transmissions or data, statements or conduct of any third
party on this service, or profits, whether in an action of contract, negligence
or other tortious action, arising out of or in connection with the use or
performance of software, documents, provision of or failure to provide
services, or information available from this web site.
The documents and related graphics published on this web site could include
technical inaccuracies or typographical errors. Changes are periodically added
to the information. Youbet and its affiliates may make improvements and/or
changes in the product(s) and/or the program described herein at any time.
Youbet makes no commitment to update any of the information contained on its
web site.
Any information, communication or material you transmit to Youbet or the Youbet
web site by telephone, electronic mail, other electronic media or otherwise,
including Account Holder information, data, questions, comments, suggestions,
or the like is, and will be treated as non-confidential, non-proprietary, and
the exclusive property of Youbet, subject to partial or total disclosure at
Youbet's discretion. In addition, all information transmitted by you may be
used by Youbet or its affiliates, without any compensation to you, for any
purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Youbet is free to use any
ideas, concepts, know-how, or techniques contained in any communications you
send to the web site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information.
Images of people or places displayed on the Youbet web site are either property
of, or used with permission by, Youbet. The use of these images by you, or
anyone else authorized by you, is prohibited unless specifically permitted by
these terms or specific permission is provided elsewhere on the web site. Any
unauthorized use of the images may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
Links may let you leave Youbet's web site. The linked sites are not under the
control of Youbet and Youbet is not responsible for the contents of any linked
web site or any link contained in a linked web site, or any changes or updates
to such web sites. Youbet is not responsible for web casting or any other form
of transmission received from any linked web site. Youbet is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Youbet of the linked web site.
TRADEMARKS NOTICE
Youbet.com® and/or other Youbet products referenced herein include either
registered or unregistered trademarks of Youbet and others. Nothing contained
on the Youbet web site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark displayed on
the web site without the written permission of Youbet or such third party that
may own the trademarks displayed on the web site. Your misuse of the Youbet
trademarks displayed on the web site, or any other content on the web site,
except as provided in these terms, is strictly prohibited. You are also advised
that Youbet will aggressively enforce its intellectual property rights to the
fullest extent of the law, including seeking criminal prosecution.
NOTICE OF RESERVATION OF RIGHTS
Youbet reserves the right in its sole discretion to revoke any or all access and
use authorizations granted to you. Your authorization to use the Youbet web
site automatically terminates without notice if in Youbet's sole discretion you
fail to comply with any of these terms of use. Upon termination, you must
immediately destroy any downloaded or printed materials.
If any of the provisions of this agreement are held by a court or tribunal of
competent jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this agreement shall
otherwise remain in full force and effect.
Youbet shall have the right, but not the obligation, to monitor the content of
the web site, including chat rooms and bulletin boards, to determine the
compliance with the terms of use and any other operating rules established by
Youbet and to satisfy any law, regulation, or authorized government request.
Any rights not expressly granted herein are reserved.
NO WARRANTIES PROVIDED BY YOUBET.COM®
ALL ACCOUNT HOLDERS EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) ACCOUNT HOLDERS ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE
SERVICE. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
Youbet.com® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA
THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL
COMPONENTS.
(B) Youbet.com® PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE
BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE
AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Youbet.com® WILL HAVE
ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC
AREA.
(C) Youbet.com® MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE REGARDING THE SERVICE PROVIDED BY Youbet.com® NO
ADVICE OR INFORMATION GIVEN BY Youbet.com® ITS EMPLOYEES, AFFILIATES OR
CONTRACTORS SHALL CREATE A WARRANTY.
(D) DISCLAIMER OF LIABILITY. Youbet.com® SHALL NOT BE LIABLE FOR ANY
COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. UNDER
NO CIRCUMSTANCES SHALL Youbet.com® ITS EMPLOYEES, AFFILIATES OR CONTRACTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, THAT RESULT IN ANY WAY, FROM ANY USE OF YOUR ACCOUNT, OR
THE SERVICE, THE MAKING OF WAGERS THROUGH THE SERVICE, OR YOUR INABILITY TO USE
THE SERVICE, OR FROM YOUR RELIANCE ON, OR USE OF, INFORMATION PROVIDED ON OR
THROUGH THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE. Youbet.com's? ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED AT Youbet.com®
SHALL BE THE REPLACEMENT OF ANY Youbet.com® SOFTWARE FOUND TO BE DEFECTIVE.
NOTICE OF APPLICABLE LAW
Youbet is a licensed pari-mutuel operator in the States of California
(California Horse Racing Board) and Oregon (Oregon Racing Commission). As such
the laws of the States of California and Oregon will govern these disclaimers,
terms, and conditions, without giving effect to any principles of conflicts of
laws. We reserve the right to make changes to our web site and these
disclaimers, terms and conditions at any time, which changes shall become
effective immediately upon posting on the web site.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitations or exclusions may
not apply to you. In such a case, in no event shall Youbet's total liability to
you for all damages, losses and causes of action whether in contract, tort
(including its own negligence) or under any other legal theory (including
strict liability) exceed the amount paid by you, if any, for accessing the web
site.
NOTICE OF INDEMNIFICATION
You agree to defend, indemnify and hold harmless Youbet, its affiliates,
employees, contractors, telecommunication providers, content providers, and
assignees and their respective officers, directors, employees and agents from
and against any and all liabilities, claims, actions, demands, damages, costs,
losses and expenses (including reasonable attorney's fees) arising out of your
use of Youbet.com® products and services.
NOTICE OF UNLAWFUL OR PROHIBITED USE
All Account Holders hereby agree to use these Services in recognition of all
applicable Federal, and State laws, statutes and regulations, any deviation of
which is grounds for immediate Account closure and subject to civil and/or
criminal liability.
In addition, any and all activity that Youbet may reasonable believe to be
fraudulent, deceptive, or unlawful, shall be reported to the appropriate law
enforcement authorities and prosecuted to the full extent of the law. Account
Holder shall relinquish all rights to the proceeds resulting from the
fraudulent, deceptive, or illegal activities, and all proceeds shall be
retained by Youbet to pay for damages and losses resulting from such fraud,
deceit, or illegal activity.
In addition, as a condition of your use of Services, you warrant to Youbet that
you will not use the Youbet web sites for any purpose that is prohibited by
these terms, conditions, and notices. You may not use the Youbet web site in
any manner which could damage, disable, overburden, or impair the Youbet web
site or interfere with any other party's use and enjoyment of the Youbet web
site. Any conduct that in Youbet's discretion restricts or limits any other
user's use or enjoyment of the web site will not be tolerated. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Youbet web site. Any
material which is unlawful, threatening, defamatory, invasive of privacy or
publicity rights, obscene or otherwise objectionable, or which encourages
conduct that would constitute a criminal offense, gives rise to civil liability
or otherwise violates any law, shall not be transmitted to the web site. You
specifically acknowledge that Youbet is not liable for the defamatory,
offensive or illegal conduct of other users or third parties and that the risk
of injury from the foregoing rests entirely with you.
REMEDIES
If you are dissatisfied with the Service or any of its terms, conditions, rules,
policies, guidelines or practices, or otherwise have a dispute with Youbet,
your sole and exclusive remedy is to terminate this Agreement and discontinue
using the Service by canceling your account.
TERMINATION OF AGREEMENT
Account Holder or Youbet may terminate or cancel this Agreement and the Service
at any time. Account Holders understand and agree that the cancellation of this
Agreement is your sole right and remedy with respect to any dispute with
Youbet.com® it's Service, or any of its terms, conditions, rules, policies,
guidelines or practices. Account Holders may cancel this Agreement and the
Service with Youbet by delivering notice as provided below.
Termination of this Agreement does not release Account Holder from the
obligation to pay all accrued charges under this Agreement. Any delinquent or
unpaid Account with unresolved issues must be paid in full. Failure to resolve
any unpaid debt will be forwarded to a collection agency, and may affect your
credit rating.
Upon termination of this Agreement, all rights granted to you under this
Agreement shall cease immediately.
NOTICE
You may terminate this Agreement and your Youbet Account by calling Member
Services at 1-888-YOUBET8 from 7:00 a.m. to 7:00 p.m. Pacific Time, Monday
through Sunday.
All Accounts terminated shall take effect at the conclusion of the monthly
cycle. As such all charges incurred through the end of the cyclic period shall
be the sole responsibility of the Account Holder. Partial credit shall not be
given for any part of an unused monthly cycle.
Youbet may terminate this Agreement and your Youbet Account, at any time, by
providing notice of termination to you by any one of the following methods:
electronic mail (email); general posting at Youbet's web site; or by US mail or
courier service.
The Youbet Advantage Player Rewards Program (the "Program") is provided by
Youbet.com, Inc. ("Youbet"). Program members ("Members") automatically earn
points ("Points") every time they place an Eligible Wager using their Youbet®
wagering account. An Eligible Wager is a wager placed by an active Youbet account
holder in good standing on an official race at specified tracks. Points may be
redeemed for cash rewards, merchandise, elite travel and entertainment rewards,
and Youbet subscription and handicapping products (collectively, "Rewards").
Points are redeemable for Rewards through the online catalog portion of the
Youbet web site (the "Site").
ELIGIBILITY
Active Youbet account holders in good standing residing in the following
jurisdictions are automatically enrolled in the Youbet Advantage Program:
Alabama, Arkansas, Arizona, Connecticut, Colorado, Delaware, District of Columbia,
Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New Mexico, New York,
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota,
Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Account holders residing in California and states other than those listed above are not
eligible for membership in the Program.
Continued membership in the Program is subject to continued compliance in all
respects with these Terms and Conditions as well as all of the terms and
conditions applicable to the Member’s Youbet wagering account. Any violation by
the Member of these Terms and Conditions or of the terms and conditions
applicable to the Member’s Youbet wagering account as determined by Youbet in
its sole discretion may result in cancellation of the Member’s Points and the
ability to earn any Rewards.
EARNING POINTS
A. Points will accrue each time a Member places an Eligible Wager via the Site. In addition, from time to time special offers may provide additional opportunities to earn Points. Details will be provided when each such offer is presented.
B. The number of Points awarded for a particular wager will vary depending upon the track, the type of wager, the Member’s location of residence and the Member’s current membership level at the time the wager is made. Gold, Platinum and Platinum Plus Members may be eligible for enhanced opportunities to accrue Points.
C. The “Earning Points” page of the Site will describe the Points available for each track offered by Youbet. The “Track Selection” page of the Site will also provide Youbet Advantage Point information for particular wagers at particular tracks.
D. Points are credited to the Member’s account as soon as the race on which the Member has wagered is official and the track payouts are posted. Members may view their Points balances, as well as summaries of their Points histories, on the Account Balance and Wager Point screens on the Site.
REDEEMING POINTS
A. Members may redeem Points for Rewards via the online catalog portion of the Site. The number of Points required for a particular Reward shall be indicated on the online catalog. Certain Rewards may only be available for Platinum and/or Platinum Plus Members.
B. Upon verification of a Member’s redemption request, Youbet will deduct the appropriate number of Points from the Member’s total Points earnings. Where Points are redeemed for cash rewards, such rewards shall be deposited into the Member’s wagering account. Use of cash rewards shall be subject to all of the terms and conditions applicable to wagering transactions with Youbet.
C. Other Reward items will be filled upon verification of the Member’s redemption request.
D. Youbet reserves the right to change, discontinue or replace any Rewards listed in its online catalog without notice. Reward orders are subject to availability and items can arrive separately within a single order. Neither Youbet nor the Reward Provider makes any representations or warranties regarding, and shall not be responsible for, the delivery, price, availability, quality, performance, utility or any other attribute of any Reward ordered or purchased by a Member with Points. All Merchandise Rewards will be subject to the manufacturer's warranty.
E. Merchandise Rewards will generally be delivered by a commercial delivery service or the U.S. Postal Service within 4-6 weeks of redemption. A street address and daytime phone contact number are required to process a reward redemption. Shipments cannot be made to a post office box or outside the 48 continental United States.
F. Certain restrictions may apply to travel certificates, tickets and documents. Travel and Entertainment Rewards will be handled by the Elite Rewards concierge desk. Youbet assumes no responsibility for lost or stolen tickets or documents.
G. All Rewards are final and cannot be returned, exchanged or cancelled. In order to qualify for replacement, a Reward received in damaged condition must be reported to the Reward Provider's customer service department at 1-888-968-2388 within 72 hours of receipt, or a new item cannot be sent in its place, and must be returned in its original packaging, including over box and shipping label, unless otherwise indicated, and must include all accessories received with the Reward.
EXPIRATION AND INACTIVITY
Points will expire with no value after six (6) month on accounts without wagering or subscription activity. Unredeemed Points shall expire without value no later than two (2) years after the date issued and may not be redeemed after that time. Members will, however, be provided with a Reward, determined by Youbet in its sole consideration, for the expired and unused Points.
DISCLAIMER AND LIMITATIONS
A. Neither Youbet nor its affiliated companies will be responsible for any loss, injury or damage of any kind incurred by a Member or anyone else in connection with a Member's participation in the Program or any Reward obtained by a Member in connection with Member's participation in the Program or redemption or use of Points issued in connection therewith.
B. THE PROGRAM IS OFFERED "AS IS" AND "AS AVAILABLE." YOUBET MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM AND YOUBET HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PROGRAM, AND ANY REWARDS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUBET SHALL NOT BE LIABLE TO ANY MEMBER OR OTHER PERSON FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR CONNECTED WITH, THE PROGRAM AND ANY REWARDS, EVEN IF YOUBET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR NOT EFFECTIVE, MEMBER AGREES THAT THE TOTAL LIABILITY OF YOUBET SHALL IN NO CASE EXCEED $25.
PROGRAM MODIFICATION OR TERMINATION
Youbet reserves the right at any time, without notice, to add, remove and/or change or otherwise modify any feature of the Program, the Rewards and/or these Terms and Conditions. Youbet further reserves the right to terminate the Program at any time, without prior notice, restriction or penalty. In the event of such termination by Youbet, Members shall have a minimum of sixty days from the date of notification of termination of the Program to redeem previously awarded Points in accordance with the provisions set forth in the Terms and Conditions.
MISCELLANEOUS
A. Points may not be assigned, sold or otherwise transferred by the Member, by operation of law or otherwise.
B. The Program, including without limitation the earning and redemption of Points, is subject to all applicable laws and regulations and is void where prohibited by law.
C. The accrual of Points and/or redemption of such Points for Rewards may subject a Member to income or other taxes. The Member is solely responsible for determining the extent of any tax liability for any federal, state or local taxes as may be applicable, and any disclosure related thereto or payment thereof.
D. By participating in the Program, Members consent to and authorize Youbet to share information about the Member in accordance with the terms of the Youbet Privacy Policy Statement (see Privacy Policy section below).
E. All interpretations of these Terms and Conditions, as well as questions or disputes regarding continued eligibility for the Program or the availability of or entitlement to any Points, shall be resolved by Youbet in its sole discretion.
F. These Terms and Conditions shall be construed in accordance with the laws of the State of California without reference to the conflicts of laws provisions thereof. These Terms and Conditions constitute the entire understanding between Youbet and Member with respect to the Program, and supersede any and all prior communications, whether written or oral, and all previous versions of terms and conditions applicable to the Program.
G. AS A CONDITION OF PARTICIPATING IN THE PROGRAM, MEMBER AGREES THAT ANY AND ALL CLAIMS, CAUSES OF ACTION OR DISPUTES ARISING OUT OF OR CONNECTED WITH THE PROGRAM, TO THE EXTENT THE SAME IS NOT WITHIN YOUBET'S SOLE DISCRETION AS PROVIDED FOR UNDER THESE TERMS AND CONDITIONS, SHALL BE RESOLVED EXCLUSIVELY BY PRIVATE BINDING ARBITRATION TO BE CONDUCTED BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASOCIATION IN THE CITY OF LOS ANGELES, CALIFORNIA.
H. While Youbet will use its best efforts to ensure accuracy of Program information, printing errors occasionally occur. Youbet reserves the right to correct such errors at any time even if such errors impact a pending Reward redemption.
Youbet shall provide an online wager cancellation option limited by frequency and dollar amount determined by individual customer history as expressed by 'Membership Level'. 'Membership Level' detail can be found by selecting the Account/My Account option from the main Youbet Express menu.
The amounts and frequency of wager cancellations will be limited as follows:
a. Platinum and Platinum Plus players may cancel no more than 20 wagers per week at a maximum level of $3,000 per wager from any pool regardless of the amount wagered into that pool.
b. Gold and Silver players may cancel no more than 15 wagers per week at a maximum level of $2,000 per wager from any pool regardless of the amount wagered into that pool.
c. All other players may cancel no more than 5 wager per week at a maximum level of $500 from any pool regardless of the amount wagered into that pool.
Canceled wagers shall be displayed on the Youbet Express Wager Log as 'User Canceled' and the refund amount displayed in the Wager Log Refund column.
No player shall have the right to cancel a wager after the start of a race. The wager shall only be deemed "canceled" as determined by a confirmation by the tote system and the unique, cancellation transaction code. All unsuccessful wager cancel requests due to tote error, track error, communications complications, pool merge failure, or any other technical difficulties will not receive a successful confirmation message, and Youbet shall bear no responsibility or liability to you or any other person in such event. Further, Youbet cannot guarantee that wagers can be successfully canceled, especially if the cancellation attempt occurs close to post time.
Youbet may disable wager cancellation for individual racetracks. If disabled through this mechanism, wager cancel requests will be declined with an appropriate error message. Future wagers, such as the Derby Future wager, cannot be canceled.
Youbet may disable wager cancellation for individual customers. If disabled through this mechanism, wager cancel requests will be declined with an appropriate error message.
Youbet reserves the right to change, alter or discontinue the limits or the entire service option to any customer it deems is attempting to misuse the privilege.
Youbet respects the privacy of our Account Holders and the information they
provide us, and is committed to protecting Account Holder information.
As a part of this commitment, Youbet agrees to diligently protect information
submitted by Youbet Account Holders, including Social Security numbers, Credit
and Debit Card information, and banking information, from all entities foreign
to Youbet. In addition Youbet stipulates to secure all Social Security numbers,
Credit and Debit Card information, and banking information from co-marketing
arrangements.
Information submitted by Youbet Account Holders, including residence address,
e-mail, phone number, and the like, are retained and used by Youbet to protect
and administer Account Holder accounts, help design and improve Youbet'
products and services, and in any other fashion deemed reasonably appropriate
by Youbet.
Youbet collects the domain name, IP address, and e-mail address of visitors to
its web site, the e-mail addresses of those who post messages on the Youbet
bulletin board, the e-mail addresses of those who communicate with Youbet via
e-mail, the e-mail addresses of those who make postings to Youbet's chat areas,
aggregate information on what pages Youbet's consumers access or visit,
user-specific information on what pages consumers access or visit and
information volunteered by the consumer, such as survey information and/or site
registrations. The information Youbet collects is the exclusive property of
Youbet and may be used in any fashion deemed reasonably appropriate by Youbet.
All calls to the Youbet Mobile automated Touch-Tone and Voice Recognition
wagering systems may be recorded.
Account holders are advised that in the event of an investigation by
state or federal authorities or track or regulatory inquiry, the account holder waives any and all rights to account holder
information and data in Youbet's possession, and account holder specifically
authorizes Youbet to disclose said data and personal and wagering information, and Account Holder releases Youbet of all liability in this regard
to the full extent possible by law.
For site security purposes, and to ensure the Youbet service remains available
to all Account Holders, all network traffic is monitored in order to identify
unauthorized use attempts to upload or change information, or otherwise cause
damage or conduct criminal activity. Unauthorized attempts to upload or change
information, or otherwise cause damage to this service, are strictly prohibited
and shall be punishable under applicable federal law.
By submitting the ExpressCash Authorization Form (“Authorization Form”), Account Holder authorizes Youbet.com, Inc. "MERCHANT" to:
Pre-approve Account Holder’s account for ExpressCash;
Debit the amount specified in the Authorization Form from Account Holder’s checking account for Account Holder’s initial transaction; and
Initiate Debits and Credits to Account Holder’s checking account at the Depository Financial Institution "BANK", as indicated by the Account Number and Transit Routing Number that Account Holder supplies in the Authorization Form.
Additionally, by submitting the Authorization Form, Account Holder authorizes BANK to Debit or Credit Account Holder’s checking account in accordance with Account Holder’s authorization. These authorizations are to remain in full force and effect until MERCHANT has received verbal or written notification from Account Holder of its termination in such time and in such manner as to afford MERCHANT a reasonable opportunity to act on it.
PASSWORD AND SECURITY
Account Holder will access the ExpressCash Service online by logging into Account Holder’s Youbet account using his/her handle and password. Account Holder agrees not to give or make available Account Holder’s handle and password or allow access to Youbet account or ExpressCash Service to any other individual. He/She is responsible for all electronic payments he/she authorizes using the ExpressCash Service. Only authorized Account Holders shall have access to Youbet account and ExpressCash Service. Use of Youbet Account and ExpressCash Service by persons other than the Account Holder is strictly prohibited. Account Holder bears full responsibility for maintaining the confidentiality of his/her handle and password.
TERMINATION OR DISCONTINUATION
In the event Account Holder wishes to discontinue the ExpressCash Service, he/she must do so by notifying Youbet. Youbet may terminate this ExpressCash Service at any time. Neither termination nor discontinuation shall affect Account Holder’s liability or obligations under this Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions, and applicable federal law.
CONSENT TO ELECTRONIC DISCLOSURES
Because the ExpressCash Service process is electronic, Account Holder must consent to Youbet providing important information electronically if he/she wishes to proceed. Read the notice below carefully and print and/or download a copy for your records.
By submitting the ExpressCash Authorization Form, Account holder consents to receiving information electronically at the Youbet website and via electronic mail (“email”). Account Holder will receive the following information and disclosures electronically: ExpressCash Terms of Agreement, any future changes to the ExpressCash Terms of Agreement, and any other required legal communications.
To receive this information electronically, access, and retain any disclosures, you will need a desktop or laptop personal computer with a minimum web browser version of Internet Explorer 6.0 and the ability to receive and read email.
By submitting the ExpressCash Authorization Form:
Account Holder agrees to receive information and disclosures electronically on the Youbet website and via email and confirms that he/she will download or print any disclosures for his/her records;
Account Holder agrees the computer he/she is using satisfies the requirements described above;
Account Holder acknowledges that he/she can access information that is provided electronically at the Youbet website and via email;
Account Holder is authorizing the delivery of the disclosures regarding the ExpressCash Service process electronically on the Youbet website and via email and providing his/her consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.) and intend that this statute apply to the fullest extent possible; and
Account Holder agrees to receive email from Youbet regarding the ExpressCash Service.
To receive a paper copy of the ExpressCash Service disclosures, please send a written request to Player Services Department, Youbet.com, Inc., 5901 De Soto Avenue, Woodland Hills, CA 91367.
