Last updated: [12/17/2024]
IMPORTANT NOTICE: THESE TERMS CONTAIN MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS, WHICH APPEAR IN SECTION 22 BELOW. PLEASE READ SECTION 22 CAREFULLY.
The following Terms of Service (the “Terms”), together with any applicable Supplemental Terms (as defined below) (collectively, the “Agreement”) constitute a legally binding agreement between you (referred to herein as “you,” “your,” or “User”) and Bankroll U LLC, a Wyoming limited liability company with an office at 30 N. Gould Street, Suite R, Sheridan WY 82801 (“Bankroll U,” “we,” “us,” or “our”), governing your access to and use of https://www.bankrollu.com/ and any other website that we indicate is subject to this Agreement (collectively, the “Website”) and any other products, services, or events provided by us, and all associated features, applications, and their respective contents branded as Bankroll U, or offered by Bankroll U through the Website, and/or using any of our other services (collectively, the “Service”).
Certain services or elements of the Service, including without limitation Bankroll U profile(s) hosted on social media platform(s) (e.g., Facebook, X, or Instagram), may be subject to additional or supplemental terms, as set forth in these Terms or in connection with such services or elements and as are herein incorporated by reference (“Supplemental Terms”). In the event of a direct conflict or inconsistency between these Terms, the Contest Rules, the Gameplay Rules, or any applicable Supplemental Terms, the Contest Rules shall prevail, followed by any applicable Supplemental Terms, followed by the Gameplay Rules, and followed by these Terms.
By using the Service, (i) you agree that you have read, understand, and agree to be bound by this Agreement and (ii) you authorize the collection, use, disclosure, and other handling of your information as set forth in our Privacy Policy. You must comply with this Agreement and any other policies, rules and guidelines that we provide in the Service. If you do not agree to this Agreement, you must not access or use the Service.
Bankroll U reserves the right to change or modify this Agreement at any time and in our sole discretion by posting the updated Agreement and updating the “Last updated” date at the beginning of these Terms and any applicable Supplemental Terms. We will provide other notice if required by law. By continuing to use the Service at any point after such update, you agree to the updated Agreement. We encourage you to review this Agreement frequently to check for updates. If you do not agree to the updated Agreement, you may not use the Service.
We offer a sports betting education system referred to as the “Bankroll Combine” or “Combine.” Each Combine entry obtained by a user includes a designated quantity of points (“Tuition Points”) that can be used to access and consume educational and instructional content in the “Campus” module and a correlating balance of virtual funds (a “Combine Bankroll”) that can be used to participate in the “Combine Challenge.” The Tuition Points and corresponding Combine Bankroll included with each Combine entry are intended to facilitate skill development across two complementary learning environments, the Combine Challenge and the Campus module. The Combine Challenge prompts users to navigate a simulated sportsbook environment using a Combine Bankroll to demonstrate and reinforce skills gained in the Campus module. Users that successfully complete the Combine Challenge earn an invitation to participate in Bankroll U’s free prediction-based contest game(s) (the “Pro Level(s)”) to play for real-cash rewards (“Prizes”).
Use of the Service must be for the sole and specific purposes of education and entertainment only. Any purchase you make on the Service is exclusively for the content and simulated experience included with a Bankroll Combine (Tuition Points and participation in the Combine Challenge). Access to the Pro Level(s) is neither guaranteed by the purchase of a Bankroll Combine nor participation in a Bankroll Combine. More information regarding the operation of the Bankroll Combine or Pro Level(s) can be found in the Gameplay Rules, which are incorporated by these Terms.
Bankroll U is not affiliated with or sponsored by any professional or collegiate sports league or team.
You must be at least eighteen (18) years old or otherwise capable of forming a binding contract in your jurisdiction to use the Service.
You must also be located within the United States but may not be located in one of the following jurisdictions to use the Service: Idaho, Louisiana, Michigan, Nevada, and Washington.
Without limitation, professional league and collegiate athletes, coaches and other team management, team support personnel (e.g., without limitation, team physicians) and team owners may not use the Service. Professional league or collegiate team owners, referees, employees, commissioners, and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
By using the Service, you agree (i) to provide accurate, current, and complete information about yourself as requested, (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, (iii) to maintain and promptly update such information from time to time as necessary, (iv) to maintain the security of your Bankroll U account and accept all risks of unauthorized access to your Bankroll U account and to the information you provide to us, and (v) to notify us immediately if you discover or otherwise suspect any security breaches related to the Service or your Bankroll U account.
You will not buy, sell, rent, or lease access to the Service without our written permission; or access or attempt to access the Service through unauthorized third-party applications or clients.
You will comply with the Acceptable Use Policy in Section 14 of these Terms. You agree not to use this website in any way that impacts user access, or as part of any unlawful activity.
If you violate any provisions or restrictions of the Agreement, we reserve the right, in our sole discretion and without notice to you, to terminate, delete, and/or deactivate your account, and/or block or limit your access to the Service. You acknowledge and agree that we shall have no liability or obligation to you or any third party for any termination of your account or access to the Service and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. Our failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances.
To use the Service, you must establish and maintain an active account with Bankroll U (an “Account”). You must be at least eighteen (18) years old to establish an Account. You may establish only one (1) Account per person. In the event Bankroll U discovers that you have opened more than one Account per person, we reserve the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke the awarding of any Tuition Points and/or Prizes associated with any such Accounts. It shall be a violation of this Agreement to use or access another user’s Account or to allow any other person to use or access your Account. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your Account. If you have reason to believe that someone is using your Account without your permission, you should contact us immediately at support@bankrollu.com.
By inputting or adding a payment method to your Account to make any purchase on the Service, you affirm that you are the lawful owner of such payment method. It shall be a violation of this Agreement for any user to submit payment using any payment method that such user is not lawfully entitled to use. In the event any of your purchases are charged back, any Tuition Points, Prizes, virtual funds, entries, bonuses, credits, and/or other benefits or promotional offers generated in connection with the charged back purchase shall be invalidated, forfeited by you, and deducted from your Account. In the event any purchase made by you is canceled or does not clear for any reason, including, without limitation, a charge back or not being honored by your financial institution, you are responsible for and agree to reimburse us for any and all reasonable claims, fees, fines, penalties, costs, and related expenses associated with such canceled or charged back purchase.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You acknowledge and agree that you have no claim, title, right, or ownership, including, without limitation, any intellectual property rights, to your username. All such rights remain exclusively the property of Bankroll U at all times. Without limiting the foregoing, you may elect to opt out of having your username publicly displayed within the Service by emailing licensing@bankrollu.com.
Bankroll U reserves the right to expire items associated with your Account due to inactivity. If your Bankroll U Account has no activity (including failing to log in or otherwise access the site or apps in direct association with your Account) for ninety (90) consecutive days, your Account will automatically be deemed “Inactive.” Bankroll U will provide notice to you at least fourteen (14) days before your Account is deemed Inactive. Such notice may be delivered via email, be displayed in-app, or otherwise communicated using any other reasonable method of communication. You are encouraged to track your activity and to log in and engage with your Account to prevent inactivity.
Once your Account becomes “Inactive,” any balance(s) of Tuition Points or virtual funds in a Combine Bankroll allowing access to the Combine Challenge will automatically be invalidated, forfeited by you, and deducted from your Account. We will not offer or issue a refund to you for any Bankroll Combine purchase or any item(s) forfeited due to Account inactivity. By using the Service, you acknowledge and agree to this policy.
By contacting Bankroll U via email or through a social media property, or by using the Service, you consent to receive electronic communications from Bankroll U (e.g., via email or by posting notices to the Service or to Bankroll U’s official accounts on social media properties). These communications may include notices about your use of the Service (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
You may request a refund for the purchase of a Bankroll Combine subject to each of the following conditions: (i) the refund request must be submitted within fourteen (14) days of the original purchase date; (ii) there has been no redemption against the awarded balance of Tuition Points associated with the purchase; and (iii) there has been no gameplay activity recorded in the Combine Challenge associated with the purchase. For purposes of this refund request policy, Tuition Points redemptions will be evaluated on a “first in, first out” basis.
Refund requests that do not satisfy each of the above-stated conditions will not be accepted and no exceptions will be granted. By completing a purchase, you acknowledge and agree to this refund request policy. Our failure to enforce any provision of this Section in some instances does not constitute a waiver of our right to enforce such provision in other instances.
To request a refund, please contact us at support@bankrollu.com. Refunds are issued solely at Bankroll U’s discretion.
In the event that the Bankroll U permanently ceases operation of its Service, all Tuition Points and Combine Bankroll(s) allowing access to the Combine Challenge will expire and become void. Bankroll U will provide a minimum of thirty (30) days’ prior notice to users of the impending shutdown via electronic communication described in Section 5. Following the shutdown, users will no longer have access to any remaining Tuition Points or Combine Bankroll(s) allowing access to the Combine Challenge, and no refunds, replacements, or compensation will be provided. By continuing to access the Service, you acknowledge and agree to this policy.
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) aside from the Pro Level(s) (the applicable Contest Rules for which are incorporated by these Terms) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If these Terms are inconsistent with any Promotion rules, the Promotion rules shall control to the extent of any conflict.
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Bankroll U logo and all lines, odds, simulation ratings, simulation outputs, the core mechanics of Bankroll U’s gameplay structure/design, Bankroll U’s method(s) of gameplay, Bankroll U’s unique implementation in applying such methods of gameplay to experiential learning for sports betting, tool outputs, betting systems, articles, videos, designs, text, graphics, pictures, information, data, software, sound files, and other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Bankroll U or our affiliates or licensors. Content is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
The Bankroll U logo and any Bankroll U product or service names, logos or slogans that may appear on the Service are trademarks of Bankroll U or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Bankroll U,” or any other name, trademark or product or service name of Bankroll U or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Bankroll U and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and other names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, Service, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Bankroll U.
You agree that any submission of any ideas, suggestions, documents, and/or proposals to Bankroll U (collectively, “Feedback”) is at your own risk and that Bankroll U has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Bankroll U a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and Bankroll U’s other products and Service.
If you believe that your intellectual property has been used on the Service in a way that constitutes infringement, please provide our Copyright Agent with the following information:
Contact information for Bankroll U’s Copyright Agent for notice of claims of copyright infringement is as follows: licensing@bankrollu.com with the subject line, “Copyright Agent.”
You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, “as-is” license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to this Agreement and does not include any right to (i) sell, resell, or use commercially the Service or Content; (ii) distribute, publicly perform, or publicly display any Content except as expressly permitted by us in writing; (iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, except as expressly permitted by us; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us; and (vi) use the Service or Content other than for their intended purposes, as determined in Bankroll U’s sole discretion. Our failure to enforce any provision of this Section in some instances does not constitute a waiver of our right to enforce such provision in other instances. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 14 below.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Service for non-commercial purposes, provided that such link does not portray Bankroll U or our affiliates or any of our Service, Content, products or Service in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable in Bankroll U’s sole discretion. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of Bankroll U’s to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Bankroll U trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.
The Service may contain links to or content from third-party properties, Service and applications (collectively, “Third-Party Service(s)”). When you interact with a Third-Party Service, you are subject to the terms and conditions (including privacy policies) of another property or application and not the Agreement. Such Third-Party Service are not under the control of Bankroll U and Bankroll U is not responsible or liable for the practices or policies of any Third-Party Service. Bankroll U provides links to or content from these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or their products or services. You interact with Third-Party Services at your own risk. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Service, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that you are solely responsible for your conduct in connection with the Service and any and all activity that takes place under your account or in your name. You agree that you will abide by this Agreement and will not (and will not attempt to):
The Service is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both accessing or using the Service.
We may use Google Analytics to monitor and analyze the use of our Service. Google Analytics is a third-party web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
If Bankroll U becomes aware of any possible violations by you of this Agreement, Bankroll U has the right, but not any obligation, to investigate such violations and, if applicable, refer any confirmed or suspected criminal activity to relevant legal authorities and cooperate with any ensuing investigation.
Bankroll U is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service for any lawful purpose, including (i) to comply with applicable laws, legal process or governmental request; (ii) to enforce this Agreement, (iii) to respond to your requests for customer service, or (iv) to protect the rights, property or personal safety of Bankroll U, its users, or the public, and all law enforcement or other government officials, as Bankroll U in its sole discretion believes to be necessary or appropriate.
By agreeing to this Agreement, you hereby provide your irrevocable consent to the foregoing. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications with Bankroll U.
To the maximum extent permitted by applicable law, you agree not to hold Bankroll U and our owners, officers, directors, shareholders, employees, agents, subsidiaries, successors, and assigns (collectively with Bankroll U, the “Bankroll U Parties”) responsible or liable for the acts and omissions of users, content providers, and other third parties, including any such acts or omissions that occur at events advertised or organized through—or otherwise mentioned on—the Service. Each of the Bankroll U Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms and any Supplementary Terms against you as a third-party beneficiary thereof.
To the maximum extent permitted by applicable law, you release and agree to release the Bankroll U Parties from, and hereby waive and relinquish, all disputes, claims, controversies, demands, damages, liability, and cause of action arising from, related to, or in any way connected with the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Service). You acknowledge that some events or interactions advertised on, organized through, or otherwise mentioned on the Service may carry inherent dangers. By participating in any of these events or interactions, you assume these risks.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OR RULE OF ANY OTHER JURISDICTION, WHICH STATES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Bankroll U Parties from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to this Agreement or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”) (including, but not limited to, damages to property or personal injury) that are caused by, arise out of or are related to (i) your use or misuse of the Service or Content; (ii) any Feedback you provide; (iii) your violation of this Agreement; and/or (iv) your violation of the rights of any third party, including another user. You agree to promptly notify Bankroll U of any third-party Claims and cooperate with the Bankroll U Entities in defending such Claims. You further agree that the Bankroll U Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND BANKROLL U.
THE SERVICE AND CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANKROLL U (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (iii) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANKROLL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. BANKROLL U DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE BANKROLL U ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, BANKROLL U CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR CONTENT LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
You understand that the Service contains information about sports and sports betting, but that this information and Content does not constitute “advice,” nor does it constitute any “recommendation” on whether or how to engage in sports betting activities. BANKROLL U ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE SITES, OR AS A RESULT OF BETTING RISKS. ANY SPORTS BETTING IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.
This site is strictly for educational and informational purposes only and does not involve any real-money betting. If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER. This service is intended for adults aged eighteen (18) and over only.
If you choose to make use of any information on this website including online sports betting services from any websites that may be featured on this website, we strongly recommend that you carefully check your local laws before doing so. It is your sole responsibility to understand your local laws and observe them strictly. Bankroll U does not provide any advice or guidance as to the legality of online sports betting or other online gambling activities within your jurisdiction and you are responsible for complying with laws that are applicable to you in your relevant locality.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BANKROLL U BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICE, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BANKROLL U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
The above limitation applies to your use, misuse, or reliance upon the Service, including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the Service.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Please read this Section carefully as it governs the resolution of any disputes between you and Bankroll U. As detailed below, with limited exceptions, these Terms require you to resolve disputes with Bankroll U through binding arbitration. Binding arbitration means that an arbitrator, not a court or a jury, will decide disputes between you and Bankroll U and that your rights (and Bankroll U’s rights) to appeal an unfavorable decision may be limited.
By agreeing to these Terms, you are also agreeing to forgo participation in class or representative actions against Bankroll U.
You may opt out of some, though not all, of these limitations by following the procedure set forth in Section 22(f) below.
We believe this informal process should facilitate resolution. However, if the parties do not satisfactorily resolve the noticed dispute within sixty (60) days of the date such notice is received, then you and Bankroll U may proceed under dispute resolution provisions below. This 60-day notice and consultation requirement does not apply to either party if the dispute involves either party’s intellectual property rights (defined below). For those disputes, either party may immediately pursue relief in the manner set forth below.
By entering this Arbitration Agreement, you understand and agree that an arbitrator and not a judge or jury will decide the Dispute. You further understand and acknowledge that rights to discovery and appeal may be limited in arbitration. Further, the costs of arbitration could exceed the costs of litigation in some instances.
This Arbitration Agreement supersedes any prior Arbitration Agreement entered by you and Bankroll U and its provisions are applicable to any unfiled claims that arose, were asserted, or involve facts occurring before or after the existence of this Arbitration Agreement as well as to claims that may arise after the termination of these Terms, subject to the Modification and Opt-Out provisions below.
Notwithstanding any other provision of these Rules, disputes regarding the interpretation, applicability, or enforceability of this “Class Action Waiver” subsection may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
If the amount in controversy exceeds $25,000 or involves declaratory or injunctive relief, either party may request an arbitration hearing, and that hearing shall presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. In the event there is an in-person hearing, for all U.S. residents, the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with JAMS Rules and Procedures and applicable law. For non-U.S. residents, to the extent permissible in your country of residence, any in-person arbitration shall be held in Sheridan County, Wyoming (unless otherwise agreed by the parties).
Except as otherwise provided herein, an arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable and whether a claim is subject to arbitration.
Subject to the applicable JAMS Rules and Procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
The arbitrator will render an award, if any, within the time frame specified in the applicable JAMS Rules and Procedures and will include the essential findings and conclusions upon which the arbitrator based the award (or denial thereof). The arbitrator will have the authority to award monetary damages on an individual basis only and to grant, on an individual basis, any non-monetary remedy or relief to the extent available under applicable law, JAMS’ Rules and Procedures, and these Terms and any Supplemental Terms. The parties agree that the damages and/or other relief awarded, if any, must be consistent with the provisions of Section 21 of these Terms (“Limitation of Liability”). The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The parties further agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS Rules and Procedures where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction as provided in these Terms.
You are responsible for your own attorneys’ fees, except to the extent otherwise provided by these Terms, JAMS Rules and Procedures, and/or applicable law. Bankroll U will not seek its attorneys’ fees and arbitration costs from you with respect to claims that you file, unless the arbitrator determines that your claim is frivolous, or that you have engaged in conduct that is considered sanctionable under either JAMS Rules & Procedures or Federal Rule of Civil Procedure 11. Bankroll U may seek attorneys’ fees as provided by these Terms, JAMS Rules & Procedures, and/or applicable law for claims it pursues against you.
This Agreement, and your access to and use of the Service, shall be governed by and construed and enforced in accordance with the laws of the State of Wyoming, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to the binding arbitration provisions of Section 22 or cannot be heard in small claims court, shall be resolved in the state or federal courts of Wyoming.
We reserve the right in our sole discretion to modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you. You acknowledge and agree that we shall have no liability or obligation to you in connection with any such event as described in the foregoing sentence and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
No waiver by Bankroll U of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Bankroll U. Bankroll U’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of Bankroll U and you and shall not confer third party beneficiary rights upon any other person or entity.
17. CONTACT INFORMATION
Bankroll U can be reached at support@bankrollu.com.
The Bankroll U platform is for educational and recreational purposes only. Our Sports Betting Development System includes a sportsbook simulator that transacts only in virtual currency to provide players a realistic environment for skill development. Must be 18 or older. Not available in Idaho, Louisiana, Michigan, Nevada, and Washington. © Bankroll U LLC. All Rights Reserved.
