You can bet on it!
IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF DOLLAR DOLLAR DOLLAR INC
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING DOLLAR DOLLAR DOLLAR, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
USER AGREEMENT
Dollar Dollar Dollar Inc., (“Dollar”) owns and operates the Website that links to these Terms of Use (the "Terms of Use", or “Terms”). Dollar is pleased to offer you FREE GAME PLAY AND access to our Website and the ability to participate in our mobile skills challenge that allows golfers to play and track popular golf games (the “Challenges”) subject to these Terms, our privacy policy (the "Privacy Policy") and the Official Rules and Regulations for the applicable Challenges and promotions (the "Rules" or "Rules and Scoring," and together with the Terms of Use and the Privacy Policy, the "Agreements").
Version 1.0.1
1.0.1 version of the Dollar website will include a free distribution of 100 free game tokens to each new registrant of the Dollar App to be used with any and all players. These game tokens have ZERO monetary value.
Each player who downloads the Dollar App and completes their registration will be issued 100 free tokens. Free tokens can be used in Dollar games only and will transfer to and from Player’s token totals per final scoring of all Skills Based games played.
CONSIDERATION
Unless otherwise agreed in writing, these Terms apply to your access and use of the Services. By using or otherwise accessing the Website or the Services, or clicking to accept or agree to these Terms as provided by the Website, you explicitly agree to be bound by these Terms and each of the provisions contained herein. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE WEBSITE OR SERVICES. These Terms of Use constitute a legal agreement between you and Dollar and shall apply to your use of the Website and the Services even after termination. If you do not agree to these Terms, your sole remedy shall be to discontinue use of the Website and the Services.
Dollar may update and change these Terms from time to time, at any time without prior notice. Your access and/or use of the Website or the Services after any such change means you accept and agree to be bound by such change. You may be subsequently notified of any such changes, and it will be your sole responsibility to review and become familiar with any and all changes.
ELIGIBILITY
You must be at least eighteen (18) years of age to open an account, access the Services, participate in Challenges, offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Arkansas, Delaware, Louisiana, and South Carolina (the “Excluded States”) are eligible to open an account and participate in Challenges offered by the Website. Legal residents of the Excluded States are eligible to open and maintain accounts on the Website for use only (i) in games that do not offer prizes, or (ii) of the e-commerce storefront. Legal residents of Canada are eligible to open an account and participate in Challenges offered by the Website.
Dollar employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner or relative of the Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public Challenges for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following Challenges on the Website: Dollar-sponsored Private Challenge, Private Challenges for cash, or Private Challenges for prizes other than cash. A “Private Challenge” is one that is not listed in the website public domain, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating.
ACCOUNTS AND DEPOSITS
You may establish only one account per person to participate in the Services offered on the Website. In the event Dollar discovers that you have opened more than one account per person, in addition to any other rights that Dollar may have, Dollar reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. 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. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any Challenge. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. Dollar will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If Dollar requests registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
You may be required to provide your full name, address, date of birth, email address and/or telephone number in order to create an account. If your identity cannot be verified, you may be required to submit additional information or documentation. You may also be required to update any provided information or data or to provide additional items as part of ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. All information and data that you provide to us either at the time you register for an account or at any subsequent time must be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age and identification services to verify that you are who you say you are and that the information you give is true and accurate. All information you provide shall be treated in accordance with the terms set forth in our Privacy Policy.
To be eligible to enter any Challenge or receive any discount, the Authorized Account Holder may be required to provide Dollar with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, Dollar will, in its sole and absolute discretion, utilize certain information collected by Dollar to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website.
CONDITIONS OF PARTICIPATION
By entering a Challenge, you agree to be bound by these Terms, the Rules for such Challenge, and the decisions of Dollar, which shall be final and binding in all respects. Dollar, at its sole discretion, may disqualify any entrant from a Challenge, refuse to award benefits , and/or require the return of any benefits if you engage in conduct or otherwise utilize any information that Dollar deems to be improper, unfair or otherwise adverse to the operation of the Challenge or is in any way detrimental to other entrants. In the event it is determined your use of the Website or Services is in a manner not consistent with these Terms, Company reserves the right, in its sole discretion, to suspend or terminate your access to the Website or Services, with or without notice, and without any obligation, to you. Such termination or suspension will not terminate or suspend these Terms as applied to your use and access of the Website. The following activities are expressly prohibited:
● Submitting false, misleading, or inaccurate personal information to create an account or enter a Challenge;
● Engaging in any type of financial fraud including unauthorized use of credit instruments to create an account or enter a Challenge;
● Colluding with any other individual(s) or engaging in any type of syndicate play;
● Any violation of Challenge Rules or the Terms of Use;
● Using a single account to participate in a Challenge on behalf of multiple entrants or otherwise collaborating with others to participate in any Challenge;
● Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a Challenge, entering a Challenge, withdrawing from a Challenge, creating a lineup, and editing a lineup);
● Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose.
● Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
● Tampering with the administration of a Challenge or trying to in any way tamper with the computer programs or any security measure associated with a Challenge;
● Obtaining other entrants information and spamming other entrants;
● Abusing, or using for your own benefit (commercial or otherwise) other’s personal information that you may come across as a result of using the Website
● Using or accessing any pre-release, confidential information, or other information that is not available to all other entrants of a Challenge and that provides you an advantage in such a Challenge, (“Pre-Release Data”);
● Abusing the Website in any way.
● Taking any action that infringes or violates Dollar’s or third party’s rights (including, but not limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have toward Dollar or any third party;
● Reproducing, duplicating, copying, selling, distributing, trading, exploiting, or using any Website Content or any portion of the Website for any purpose not expressly permitted by these Terms;
● Running, framing, or otherwise displaying the Website Content on any website or other Website;
● Removing, circumventing, disabling, damaging or otherwise interfering with any features (security related or otherwise) implemented by the Website;
● Attempting to gain unauthorized access to the Website or Services through hacking, password mining, or any other means meant to interfere with the proper working of the Website or Services;
● Using or accessing the Website or its Services from any jurisdiction or territory in which use of the Website or Services is illegal or impermissible; or
● Modifying, adapting, translating or creating derivative works based upon the Website or any part thereof, except, and only to the extent, as expressly permitted by applicable law.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CHALLENGE IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, DOLLAR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Dollar from pursuing criminal or civil proceedings in connection with such conduct.
By accessing the Website or Services, entering into a Challenge, you agree to indemnify, release and to hold harmless Dollar, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) participation in the Challenge, (ii) the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any Challenge related activity, (iii) your use or attempted use of the Website and/or the Services; (iv) your violation of these Terms or any Challenge Rules; (v) any claims based on publicity rights, defamation, or invasion of privacy; and/or (vi) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights.
By entering into a Challenge, to the extent allowable by law, you grant Dollar and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name, voice, likeness, and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. Dollar may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
Dollar reserves the right, and you grant Dollar the authority, to use and assign all information regarding your use of the Website or Services provided by you in any manner consistent with our
Privacy Policy.
Dollar is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit you to participate in a Challenge), including without limitation any injury or damage to you or any other person's computer or video equipment relating to or resulting from accessing the Website or Services or participation in a Challenge; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Dollar is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Challenge is not capable of running as originally planned, or if a Challenge, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Challenge in accordance with the Terms of Use or applicable Challenge Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Dollar, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Challenge, Dollar reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Challenge, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.
All entries become the property of Dollar and will not be acknowledged or returned.
Participation in each Challenge must be made only as specified in the Terms of Use and Challenge Rules. Failure to comply with these Terms of Use or Challenge Rules will result in disqualification and, if applicable, prize forfeiture. Dollar reserves the right to move entrants from the Challenges they have entered to substantially similar Challenges in certain situations determined by Dollar in its sole discretion.
VIRTUAL GOODS
Dollar may allow you to obtain, purchase or earn virtual items, including but not limited to virtual coins, tokens, trophies, or points (collectively, the “Virtual Goods”) all for use on the Website or Services, including, without limitation, (a) the Challenges; (b) e-commerce storefront; and (c) virtual products and benefits. You may receive for free a certain number of Virtual Goods when you first register an account. You may also receive for free a certain number of Virtual Goods based upon bonuses, rewards, and/or via other methods provided by Dollar through use and/or recommendation of the Services.
You may also earn Virtual Goods through activities within the Website, including, without limitation, by winning Challenges. You can use Virtual Goods to play Challenges, or to participate in other Services that may be offered on the Website. You agree that you will only obtain Virtual Goods from us and not from any third party. Virtual Goods may only be obtained and held by legal residents of jurisdictions where access to and use of the Website and Services is permitted.
You acknowledge that you do not in fact “own” the Virtual Goods. By acquiring or purchasing Virtual Goods, holders thereof have obtained a limited and revocable license to a digital product for use only in the Website, including, without limitation, the Challenges. This license is personal to the owner of the account, and Virtual Goods may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value) and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. When you purchase a license from us to use Virtual Goods, the performance of our Services begins immediately once your purchase is complete. Account holders may not combine, transfer or share Virtual Goods with other account holders.
Any attempt to transfer, sell or perform other action related to Virtual Goods in violation of these Terms may subject the account holder to termination of his of her account, a lifetime ban from using the Website or Services, and/or legal action. We reserve the right to take any other action or additional action we deem appropriate in our sole discretion in the event we believe (in our sole discretion) that an account holder has violated these provisions.
OTHER LEGAL RESTRICTIONS
CHALLENGE OF SKILL
Challenges offered on the Website are games of skill. Winners are determined by the objective criteria described in the Challenge Rules, scoring, and any other applicable documentation associated with the Challenge. From all entries received for each Challenge, the individuals who use their relevant skill and knowledge to accumulate the winning score or points according to the corresponding scoring rules will determine the winner(s). The Website, Services, or Challenges may not be used for any form of illicit gambling.
CHALLENGE STATISTICS AND LIVE SCORING
To the extent that Dollar offers 'live' scoring during gameplay, all 'live' scoring and other information provided through the Dollar Website and related information sources are unofficial. While Dollar and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither Dollar nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. Dollar and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Dollar Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
CHALLENGE RESULTS
Challenge results are based on the final statistics and scoring results at the completion of the individual or team Challenge. The scoring results of a Challenge will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in Dollar's sole discretion.
Dollar reserves the right, in its sole and absolute discretion, to deny any Challenger or Challengee the ability to participate in head-to-head Challenges for any reason whatsoever. Further, Dollar may, in its sole and absolute discretion, invalidate any head-to-head Challenge result for the purposes of preventing any violation of these Terms, Challenge Rules, abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such violation of these Terms, Challenge Rules abusive, illegal, or unfair activity.
THIRD PARTY WEBSITES
From time to time, Dollar may provide links and/or be linked to third party websites (“Third Party Websites”), including, without limitation, those pertaining to goods, products, and/or other services believed beneficial to you. Dollar is not responsible, nor does it have any control, over the information, content, accuracy, products, services, or other materials that may or may not be provided by or through Third Party Websites, even if said Third Party Website is run or owned by one of our affiliates. Third Party Websites are not investigated, monitored or checked for accuracy or completeness. Linking to, or being linked from, Third Party Websites does not constitute, nor should it be construed to imply, Dollar’s approval or endorsement of the Third Party Website. Dollar cannot and will not be held responsible for the materials and content on such Third Party Websites, or any subsequent links. Any reliance on or use of the materials or content found on or by way of Third Party Websites is done solely at your own risk, and you assume all responsibilities and consequences resulting from such reliance
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedy, Dollar may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Website and Services. Dollar may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Website and Services. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DOLLAR DOLLAR DOLLAR INC., (THE COMPANY) AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, 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. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to Dollar, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Dollar reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.
DOLLAR DOLLAR DOLLAR AS WELL AS $$$ AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF DOLLAR IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
USER SUBMISSIONS
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to Dollar, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of Dollar, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to Dollar, may result in account suspension or termination.
Dollar respects your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if Dollar made use of your User Submission before you deleted it, Dollar will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on the Website will not automatically delete your User Submissions.
Dollar may refuse or remove a User Submission without notice to you. However, Dollar has no obligation to monitor User Submissions, and you agree that neither Dollar nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
Except as provided in the Privacy Policy, Dollar does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant to Dollar the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
ARBITRATION, CONSENT TO JURISDICTION IN CALIFORNIA, ATTORNEY’S FEES
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Dollar waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Sacramento California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the state of California, provided that:
The arbitrator shall not have authority to award punitive damages; and Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Dollar agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.'
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Sacramento County (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Dollar waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.
MISCELLANEOUS
These Terms of Use shall be governed by the internal substantive laws of the state of California, without respect to its conflict of laws principles.
Nothing in the Terms of Use shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.
Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Dollar.
Unless otherwise stated, no professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Dollar or in any way affiliated or associated with the Challenges.
Third-party online publishers that refer users to the Dollar website shall not be responsible or liable for the Dollar website or any of the content, software, or functions made available on, or accessed through, or sent from, the Dollar website.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Dollar's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
The failure of Dollar to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.
MOBILE Application
These Terms of Use shall also apply to the use of the Dollar Mobile Application (“Mobile Application”). These Terms of Use are intended to be in addition to the End User License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) for the Mobile Application, and to the extent any of these Terms of Use conflict with the End User License Agreement, these Terms of Use shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Use shall also be deemed to include the Mobile Application.