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IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION ON BETAMERICA CASINO AND SPORTSBOOK.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 22 BELOW.
Please read these website terms and conditions " Terms and Conditions" carefully before using this Website as defined below and registering as a Patron.
If you have any questions relating to this Website or the Terms and Conditions, please check our FAQs or communicate with us using the Contact Us page.
You should also read our.
TABLE OF CONTENTS 1.
INTRODUCTION 1 a The website at and for mobile is made available by CDIG together with any other company within a group of parent, affiliate and subsidiary companies of which CDIG is a part, being collectively referred to herein as CDIG", "us", "we" or "our"which is a Delaware limited liability company.
Our principal place of business is: 600 N.
CDIG has contracted with SBTech for the provision of such services.
SBTech is licensed and regulated by the applicable Regulators.
The use of the Website and the Betting Apps are subject to all applicable state and federal law and regulations.
You will be required to establish an account in order to use the services offered by CDIG and SBTech.
If we do change them, we will post the revised Terms and Conditions on this page for your acknowledgement and acceptance.
You will be required to acknowledge and accept the revised Terms and Conditions in order to continue to use our Website and the Betting Apps.
Any changes will apply immediately unless otherwise stated.
We recommend that you revisit and read these Terms and Conditions regularly, as they govern your use of the Website and the Betting Apps.
You can obtain a copy of these Terms and Conditions on request from Customer Support using the Contact Us page.
DEFINITIONS USED IN THESE TERMS AND CONDITIONS 2 a In these Terms and Conditions, where we use capitalized words they will have the meanings set out below: Act means the applicable laws and regulations in the state in which the patron is using the Website and the Betting Apps, as more fully detailed in Section 24.
read article means unrestricted real money that a Patron may use to Wager or withdraw from their Patron account at any time.
Dormant Account Internet gaming account on the Website and Betting Apps which has had no Patron initiated activity for a period of 12 months.
Game means any Internet Gaming games or betting products played for Cash or restricted currency such as Bonus Money via the Website and Betting Apps at any time.
Intellectual Property Rights means all intellectual property rights, including, but not limited to: copyright, patents, trademarks, design rights, moral rights, domain names, and confidential information and any similar rights whether registered or unregistered.
Internet Gaming means the placing of wagers through a server-based gaming system using a computer network for both Federal and non-Federal interoperable packet switched data networks through which an Internet Gaming Permit holder may offer authorized Internet games to a Patron who has established a Patron account with such Internet Gaming Permit holder, as required by applicable state laws and regulations.
Internet Gaming Permit means a valid operation certificate provided to a casino licensee that has been approved by the applicable regulatory authorities to conduct Internet Gaming.
Malfunction means a malfunction or an error in the functioning of a Game or the Website or the Betting Apps, such as, but not limited to, an error in the published odds or pay tables, or a Game not working in accordance with its published rules.
Minimum Age means 21 years old or over.
Patron means an individual who is 21 years or older and is a user of the Website and Betting Apps who successfully registers and holds a Patron account on the Go here and Betting Apps.
Progressive Jackpot means a jackpot for a Game where the payout total is incrementally increased every time such Game is played for Cash.
Regulators means the applicable state administrative entity who is appointed under the provisions of applicable laws to ensure that the Internet Gaming Permit holders conduct their operations in accordance with applicable laws and regulations.
Website means the website operated and controlled by or on behalf of us.
Website Content means any content provided by us on or via the Website and the Betting Apps, including, but not limited to, materials, documents, images, graphics, logos, design, audio, video and any other information.
We may ask for additional information to confirm your location at any time.
If you are found by us to be under the Minimum Age, or allowing another individual under the Minimum Age to participate in wagering, your Patron account will be suspended, your deposits will be paid to the Regulators and any winnings will be paid to the Regulators.
No claim may be made against us in these circumstances.
§§ 1084 et seq.
The Wire Act and 31 U.
§§ 3163 through 3167 UIEGA.
As further noted in our Privacy Policy we and our service providers utilize several current technologies, and may use future technologies, in order to verify your physical location while you are Wagering on the Website collectively, the "Geolocation Technologies".
Geolocation Technologies report your physical location from the computer https://pink-stuf.com/blackjack/blackjack-surrender-rules.html Internet-connected device that you choose and from which you are accessing the Website and Betting Apps.
Such process may vary from time to time and require you to verify your identity.
Please see our FAQs for further details.
In performing these checks, the credit reporting agency may keep situation blackjack sls c 1 fr s p price consider record of your information.
The purpose of such checks is to confirm your age, identity and geographic location only.
These checks enable Patron accounts to be opened hack brainium blackjack quickly, reduce the need to obtain age and identification documents and assist us with our age verification licensing obligations and crime and fraud prevention program.
You will not be able to play any Games for Blackjack express and leasing until your age, identity and location have been verified.
You hereby consent to our making of such an inquiry of any credit reporting agency for this purpose.
Such checks may include but may not be limited to : a proof of your age with a valid, current, photo included and government issued passport or ideas blackjack party government issued identity document ; b proof of your address with a current utility bill, property tax bill, lease agreement or a bank or card statement ; and c proof of your identity with a valid, current, photo included and government issued passport or other government issued identity document.
We may suspend your Patron account or restrict access to certain functions until you have successfully completed these checks.
We will communicate all requests to you via the My Account - Confirm My Details section and also by email, chat or phone.
You cannot use the full functionality of your Patron account, including, but not limited to, processing any deposits or withdrawals, until you have confirmed your email address by clicking on the link in your registration confirmation email.
If you have entered an incorrect email address at the time of registration, you can update your details in the My Account section of the Website and the Betting Apps.
You must not sell, transfer or acquire Patron accounts to or from other Patrons or attempt to do so.
No funds including, but not limited to, any winnings blackjack express and leasing bonuses may be transferred between Patron accounts.
ACCOUNT PAYMENTS AND WITHDRAWALS 4 a Registered Name: You can only use payment methods registered in your click name to make deposits and request withdrawals.
We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
Full details can be found in our FAQs.
Interest will not be paid on monies held in Patron accounts as these are merely advance payments for intended wagering.
You will be required to reimburse us for any chargebacks, denial or reversal of payments you make and any resulting loss suffered by us.
If we are notified of any suspected or fraudulent payment including, but not limited to, use of stolen credit cards or any other fraudulent activity including, but not limited to, any chargeback or other casino blackjack house edge of a paymentwe may suspend or close a Patron's account, reverse any withdrawal made and recover any winnings.
Full details can be found in our FAQs.
Only Cash may be withdrawn from your Patron account.
Bonus Money is not available for withdrawal.
For security reasons, Patrons making withdrawals may have to provide some additional information to ensure stringent safeguards are maintained.
We are not responsible for any delays in processing your withdrawal requests if you do not receive or respond to our requests for information.
Once your withdrawal has been approved, we are not responsible for any third party financial clearing process that delays your payment being received.
We cannot repay payments made by us to another account due to incorrect account details provided by you.
If a payment is unsuccessful and returned to us by our bank payment processor, we click to see more investigate such payment, notify you and request corrected bank account details.
Such unsuccessful payments will only be credited to your corrected account details once we have been notified by our bank payment processor that the payment has been successfully retrieved.
In the event that your account balance is not sufficient to collect such forfeitures through deductions, you expressly acknowledge and agree, unless you dispute the validity of the debt, or any portion thereof, in writing within thirty 30 days after your receipt of notice, the debt will be assumed to be valid, due and payable immediately.
If you notify CDIG in writing within the thirty 30 day period that the debt, or any portion thereof, is disputed, we will provide you with verification of the debt.
You expressly acknowledge and agree that, in the event of non-payment of such debt, we may proceed to enforce our rights, which may include, but not https://pink-stuf.com/blackjack/red-dead-redemption-high-stakes-blackjack.html be limited to, legal action and attendant cost and counsel fees.
In such event you agree that in addition to any other amounts due to us, you will pay all legal fees and costs paid by us in collecting any amounts due from you.
You further expressly acknowledge and agree that, in the event of non-payment of such debt, we may, at our sole discretion, assign such debt to one or more collection agencies.
Note that following the assignment of such debt to a collections agency, the resolution of such debt and any legal processes associated therewith are not within our control and must be negotiated or resolved directly with such collections agency.
In accordance with Section 6, we reserve the right to suspend or close the account s associated with the uncollected or reversed deposit.
If necessary in connection with the management and operation of your Patron account, we may contact you by email, telephone, SMS text message or letter click here the contact details you provide to us.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your Patron account and refuse any and all current or future use of your Patron account.
You should change your password on a regular basis.
You may update your personal details, including, but not limited to, your password and security answers, via the My Account section on the Website and Betting Apps.
Where correct security information is provided, we are entitled to assume that all payment and gaming transactions made through your Patron account are made by you.
Accordingly, your credit card, username, password and Patron account information are twin river minimum using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website and Betting Apps.
While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
You agree to: i never allow anyone to have access to your Patron account; ii immediately notify us if you become aware or suspect any unauthorized use of your username, password or Patron account, or any other breach of security; and iii ensure that you log out of your Patron account at the end of each session.
You are always responsible for use of your Patron account by yourself and others, including those persons that gained unauthorized access to your Patron account through your acts and omissions.
All transactions where your username and password have been entered correctly by a third party will be regarded as valid, whether or not authorized by you where your negligence or deliberate act s has resulted in such party obtaining your username and password.
You must monitor your Patron account to prevent its use by another person.
CLOSING ACCOUNTS 6 a Account Closure: We may temporarily suspend or permanently close your Patron account at any time without providing any reason.
You may instruct us to close your account at any time by contacting our Customer Support team by calling 1-866-607-7929.
Such closure will occur within seven 7 calendar days after our receipt of your request and we will confirm the closure of your Patron account by email.
You remain responsible for any activity on your Patron account between your request and the closure of your Patron account by us.
Closure of a Patron account will automatically render any open Games, pre-purchased tickets, bonus funds and entries in any bonus schemes or competitions void.
We cannot reinstate these if the Patron account is subsequently reopened.
We will use reasonable efforts to ensure that you are removed from our promotional lists within seventy-two 72 hours of closure of your Patron account.
We will review all requests, including a review via phone contact with the Patron to verify account information and identity, to re-open a closed Patron account.
Patron accounts closed as part of our self-exclusion or cool off policy cannot be re-opened for any reason until the self-exclusion or cool off time period has expired see section 8 below.
You are also prohibited from using any "bots" or other form of automated software to place Wagers or entries into competitions or promotions on your behalf.
We may also take action to defend our rights or the rights of any other person under these Https://pink-stuf.com/blackjack/practice-blackjack-trainer.html and Conditions.
RESPONSIBLE GAMING 8 a Responsible Gaming Policy: As part of our Responsible Gaming Policy we provide you with the ability to control and limit your spending, and options to temporarily cool off access to your Patron account and an option to self-exclude and close your Patron account for a set period of time.
To view our Responsible Gaming Policy and for more details on how you can control your gambling please visit the Responsible Gaming link in the My Account section of the Website and Betting App.
You can set a maximum deposit limit and frequency control on your Patron account by accessing the Responsible Gaming section in the My Account section of the Website.
The default setting on all new Patron accounts is no limit.
Further information on the deposit amount limits and frequency controls is blackjack express and leasing available in the FAQs.
We will take all reasonable precautions to ensure your deposit limit is observed.
Further information on the Spend Limits is made available in the FAQs.
We will take all reasonable precautions to ensure your Spend Limit is observed but we are not liable to you if you circumvent our procedures to exceed your self-imposed Spend Limit.
After the time limit you have set expires, you will no longer be able to play the Games.
For further information on session time limits, please see our FAQs.
Upon confirming the time-out duration period, your Patron account will be immediately suspended and it will not be possible to login to your Patron account until the selected duration has expired.
It is not possible for us to override or remove any cool off time period once set.
Any balances and any advance Wagers including, but not limited to, pre-purchased tickets that you have placed will remain and any winnings will be credited to your Patron account.
You will only be able to withdraw your winnings by contacting our Customer Support team at contact betamerica.
Where you have confirmed the time out, all pre-purchased tickets, stage saved Games, bonus funds and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the time-out period.
It is possible that bonuses may expire during the time-out period.
We cannot reinstate these if the Patron account is reopened after the time-out period.
For requests made via your Patron account you may exclude access to your Patron account for a period of one 1 year up to five 5 years.
During such time you will not be able to re-open your account or take part in any games at any gaming facilities in this state.
A person remains on the list until such time as they appear in person and request to be removed from the list, after expiration of the applicable self-exclusion period.
All pre-purchased tickets, stage saved Games, bonus funds and entries in any bonus schemes and competitions cannot be cancelled but you will not be able to access them during the period of self-exclusion.
It is possible that bonuses may expire during the period of self-exclusion.
We cannot reinstate these if the Patron account is reopened after the self-exclusion period.
All remaining balances less any active bonuses will be transferred to your bank card, bank account or transferred to you through any other third party payment method which we make available.
If you breach our Responsible Gaming Policy, we may suspend any Patron accounts that you may hold including any account you may hold with us.
BONUSES 9 a We may offer certain bonuses and bonus programs from time to time.
All bonuses are subject to these Terms and Conditions as they are updated from time to time and any other specific terms relating to bonuses that we publish on the Website and Betting Apps or otherwise including, but not limited to, competitions or promotional rules.
In addition, our decisions in respect of such bonuses are final and binding in all respects.
ACCEPTANCE AND VALIDATION OF WAGERING 10 a Confirmed Wagers: A Wager is only placed when it is recorded by us.
At that time, the amount of the Wager will be charged against your Patron account.
All Wagers are final.
We cannot cancel or refund Wagers once they have been click here by us unless the Wager is declared void for reasons outlined in these Terms and Conditions.
We cannot refund Wagers purchased for future plays that have not yet been settled.
Any winnings related to such Wagers will be credited to your Patron account once the play has been settled.
If a Game is cancelled, amended, removed or terminated in a way that makes it impossible to resolve a Wager that you placed, then that Game shall be deemed null and void and the Wager will be credited back to your Patron account.
In this case, any Wagers for the postponed Games shall go here stand and the Game will be executed at the new time set by us.
Attempts to place Wagers through any other medium, including, but not limited to, telephone, fax or mail, will not be accepted.
The minimum Wagering requirement for each Game may vary and will be specified in each Game.
PRIZES AND PAYMENT OF WINNINGS AND PROMOTIONS 11 a Crediting Winnings: Winnings due on Wagers placed through your Patron account will be credited to your current deposit balance automatically.
This update of your Patron account is not 'proof of win'.
If upon manual review there is evidence of fraud, Malfunction or malfeasance, we may void certain Wagers and winnings and amend Patron accounts accordingly.
Our decision will be final and no correspondence will be entered into.
However, it is the Progressive Jackpot value on the server that is used when the Progressive Jackpot is paid out.
A small discrepancy may arise due to the delay between the initial Progressive Jackpot being displayed to you and the Progressive Jackpot that is actually won and paid out.
Although unlikely, it is theoretically possible for the Progressive Jackpot to be apparently won by more than one Patron during the delay period mentioned above.
In the extremely unlikely event of the server recording a win truly simultaneously, we may share the Progressive Jackpot equally between the winning Patrons.
Where any such specific rules conflict with these Terms and Conditions, blackjack express and leasing specific rules will take precedence.
If the fraud, deceit, misconduct, dishonesty or other action is only discovered after any prize has been awarded to you, then you shall be required, upon demand, to return the same or provide compensation to us forthwith upon notification to do so.
You will not have the right to require payment of the cash alternative unless we agree.
In the event of unavailability, we reserve the right to provide an alternative prize or gift of similar value and specification.
EXCEPT AS PERMITTED UNDER THE PARAGRAPH ABOVE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL CDIG OR ITS AFFILIATES AND SBTECH, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY PARTY FOR: I ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATAOR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN RELATION TO YOUR PARTICIPATION IN ANY PROMOTION OR INABILITY TO DO THE SAMEEVEN IF SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR II ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APPLICABLE PROMOTION.
Except as specifically set out herein, all conditions, warranties, representations and terms whether expressed or implied by law are fully excluded.
The invalidity, illegality, or unenforceability of the whole or any part of these Terms and Conditions does not affect or impair the continuation in force of the remainder of the Terms and Conditions.
This covers disputed results on both play for real and demo mode games.
All claims or disputes should be raised with our Customer Support by email at contact betamerica.
Patrons that breach this section will not be eligible for reinstatement under different screen names.
These are communication mediums that are known to be imperfect.
If you are disconnected from the Internet or a mobile telephone network, then: i if you have not commenced the Game when you are disconnected, there will be no effect on your account; or ii if you have commenced the Game when you are disconnected the Game will be recorded on the Game servers and the Wager will stand and the outcome will be reflected in your Patron account status.
If you are disconnected from the Internet or a mobile telephone network during a bonus Game or a multi stage Game, reconnecting and re-selecting the Game at the same value where applicable should cause the Game to recommence from the point at which it terminated.
Non multi stage Games will complete the outcome of the Game or bonus Game in your absence and will credit your Patron account if you win.
If a bonus Game cannot for any reason be recommenced in this way, this is considered a Malfunction unless otherwise stated in the specific Game rules.
If there is a disconnection, the records stored on the Game server shall be the final authority in determining the terms of any Wagers you place and the circumstances in which they were made.
Malfunction voids all Wagers, pays and plays.
We shall be under no obligation to provide you with any reasons for doing so.
In addition, we may https://pink-stuf.com/blackjack/how-to-shuffle-a-blackjack-shoe.html information of such activity including, but not limited to, any details relating to you to the Regulators and other applicable Law Enforcement agencies.
No funds or winnings in Patron accounts used in this manner may be withdrawn unless otherwise approved by the Regulators.
You agree to waive any claim blackjack express and leasing us which may arise in such circumstances.
CHAT ROOMS 15 a Chat Content Standards: We may provide you with a chat facility to enable you to communicate with our chat hosts on the Website and Betting Apps.
We may review and keep a record of all such content on such chat facility.
If we consider that any such content is unsuitable, we may mute or suspend your ability to use the chat facility or close your Patron account at our sole discretion and your activity may be reported to your Internet Service Provider ISP or the relevant authorities.
CONVENIENCE AND INFORMATION ONLY: The Website and Betting Apps are provided to you as a convenience and for your entertainment and information only.
INDEMNIFICATION; DISCLAIMERS; LIMITATION OF LIABILITY 17 a NO WARRANTIES; INDEMNIFICATION: YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND BETTING APPS IS Cómo jugar blackjack YOUR SOLE RISK.
THE WEBSITE, THE BETTING APPS, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
WE PROVIDE THE WEBSITE AND BETTING APPS ON A COMMERCIALLY REASONABLE BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE BETTING APPS, WEBSITE CONTENT, ANY SERVICE OR ANY GAME OFFERED IN CONNECTION WITH THE WEBSITE AND BETTING APPS ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE AND BETTING APPS OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE AND BETTING APPS ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND BETTING APPS AT TIMES OR LOCATIONS Blackjack express and leasing YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND BETTING APPS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
We therefore disclaim all liability and responsibility arising from any reliance placed on such information or content by you or any Patron, or by anyone who may be informed of any of its contents.
THIRD PARTY CONTENT 18 a We may provide hyperlinks to other websites maintained by third parties, or we read article provide third party content on the Website and Betting Apps by framing or other methods.
THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY.
THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE.
IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
In most cases, we are not even aware that a third party has linked to the Website and Betting Apps.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS 19 a General: We are the copyright owner or authorized licensee of all text and all graphics contained on the Website and Betting Apps.
The "BetAmerica" name and certain related names, domain names and marks reflected on the Website and Betting Apps are owned by CDIG.
We aggressively enforce our intellectual property rights.
Neither our name, our subsidiaries or affiliates, nor any of our other trademarks, service marks or copyrighted materials, whether owned by us or licensed from others as aforesaid, may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website and the Betting Apps or otherwise, without our prior written permission, except that a third party website that desires to link to the Website and Betting Apps and that complies with the requirements of section 19 b above may use the name "BetAmerica" in or as part of that link.
You may view, more info or print pages from the Website and Betting Apps solely for personal, non-commercial purposes.
You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website and Betting Apps without our express, prior, written consent.
All right, title and interest including goodwill arising from your use of the Website and Betting Apps will vest in us or our licensors as applicable.
Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right including any moral rights and license as well as consent to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions in whole or in part and with or without the use of your name in conjunction therewith anywhere in the read article />You also grant to us and our successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights, including Intellectual Property Rights, collectively, "Rights" that may exist in such Submissions.
You also warrant to us that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set out above.
You further acknowledge that we and our successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, principles blackjack, but not limited to, if you close your Patron account.
You accept that the Social Media Pages may feature Submissions made by or featuring you.
You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages.
COPYRIGHT COMPLAINTS: We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others.
Materials also may be made available on the Website and Betting Apps by third parties not within our control.
It is our policy not to permit materials known by us to be infringing to remain on the Website and Betting Apps.
Please notify us promptly if you believe that any materials on the Website and Betting Apps infringe on the intellectual property rights of anyone else.
Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act the "DMCA"we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
We will investigate each complaint and provide a response to you.
IT AFFECTS YOUR RIGHTS.
WAIVER OF CLASS ACTION PARTICIPATION: YOU AGREE THAT BY USING THE WEBSITE, WEBSITE CONTENT, ANY SERVICE OR ANY GAMES, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
YOU AND EACH OF THE SERVICE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS, INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY.
THE DISPUTE WILL BE REFERRED TO AN ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND EACH OF THE SERVICE PARTIES AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.
THERE IS NO JUDGE OR JURY IN ARBITRATION.
ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED.
NEITHER YOU NOR THE APPLICABLE SERVICE PARTY WILL BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
YOU AND EACH OF THE SERVICE PARTIES UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU AND EACH OF THE SERVICE PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL.
ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING.
THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
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BLACKJACK OIL COMPANY, INC.
APPELLEE ATTORNEY FOR APPELLANT: F.
DOUGLAS MONTAGUE III ATTORNEY FOR APPELLEE: JEFFREY TODD WAYCASTER J.
ANTHONY ALAN MOZINGO COURT Blackjack express and leasing WHICH APPEALED: MARION COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: F.
Blackjack Oil Company had a lease on a previously abandoned oil well in Walthall County.
Blackjack contracted with Swampfox Oil Services to attempt to drill the well to a depth of 3400 feet.
Swampfox encountered difficulties in the well and eventually lost an expensive drill bit, provided by Blackjack, in the well hole.
Swampfox fished for the bit for two days but could not retrieve it, and Blackjack then decided to plug and abandon the hole.
Swampfox filed suit in the Marion County Circuit Court, alleging that Blackjack failed to make payments required under the parties' contract.
Blackjack answered and denied that it owed Swampfox anything.
Blackjack also filed a counterclaim for damages for the loss of the well and the cost of having to drill a new well.
The case proceeded to trial, and the jury returned a verdict in favor of Blackjack on both Swampfox's claim and Blackjack's counterclaim.
After judgment was entered on the jury's verdict, Swampfox filed a blackjack express and leasing for judgment notwithstanding the verdict JNOV or a new trial, which the trial court denied, and then appealed.
On appeal, Swampfox argues 1 that it proved that Blackjack failed to make payments required by the parties' contract; 2 that Blackjack's counterclaim is barred by the contract's consequential damages waiver; and 3 that it is entitled to a new trial based on hearsay testimony from one witness.
We hold that the verdict in favor of Blackjack on Swampfox's claim was supported by substantial evidence and was not against the overwhelming weight of the evidence; therefore, the judgment in favor of Blackjack on Swampfox's claim is affirmed.
However, we agree with Swampfox that Blackjack's counterclaim is barred by the parties' contract; therefore, we reverse and render judgment in favor of Swampfox on the counterclaim.
Finally, we hold that the hearsay testimony at issue does not require a new trial.
Therefore, the judgment of the circuit court is affirmed in part and reversed and rendered in part.
FACTS AND PROCEDURAL HISTORY ¶5.
Blackjack obtained a lease to drill on a previously please click for source oil well in Walthall County.
Blackjack reentered the well in November 2014, but its progress stalled around 2269 feet.
Blackjack then hired Swampfox to attempt to reach a depth of 3400 feet.
Representatives from Blackjack and Swampfox negotiated the terms of the parties' contract.
They started with an International Association of Drilling Contractors IADC form "Drilling Bid Proposal and Daywork Drilling Contract.
At trial, the parties disagreed about the meaning of many provisions of the contract.
However, all agreed that the gist of the contract was that Swampfox would attempt to drill the well to the target depth and would primarily use its own equipment.
The contract was signed on April 25, 2015.
In mid-May 2015, Swampfox moved its rig onto the well site.
At that point, no one had worked on the well for four months.
Blackjack's onsite representative was Jack Cox.
Swampfox reached the concrete plug in the well sometime in June.
However, they were unable to penetrate the plug, so they asked Blackjack for a stronger polycarbonate diamond cutter bit PDC bit.
Blackjack provided the bit as requested.
On June 9, the bit became stuck.
Neither Thomas nor Hines was present at the time, but Cox was on site.
The Swampfox crew pulled the drill and the bit out, cleaned it, and reentered the hole.
The PDC bit then came off in the hole.
Swampfox fished for the bit for two days but could not retrieve it.
On June 11, Hines told Cox that he doubted that the project could be successful.
Hines said he would plug and abandon the hole if it were up to him.
Cox discussed Hines's recommendation with Blackjack's president, Kevin Wilson.
Wilson and Cox agreed that the well should be plugged and abandoned.
Cox notified the State Oil and Gas Board that Blackjack intended to plug and abandon the well.
Cox also testified that he orally informed Thomas on June 11 that the hole would be abandoned and that Swampfox and its rig were released.
On June 16, Blackjack provided Swampfox written notice of its intent to plug and abandon the well.
In November 2015, Swampfox sued Blackjack in the Marion County Circuit Court.
Blackjack filed an answer and counterclaim.
The case proceeded to a jury trial.
Wes Wagner, Swampfox's CEO, testified that Swampfox and Blackjack negotiated and exchanged several drafts of the contract before the parties finally signed it.
Wagner testified confidently about the meaning of various provisions of the contract.
However, Wagner admitted that this was the first time that he had ever negotiated a contract of this nature or used an IADC form contract.
Wagner testified that he struck through provisions of the form that the parties decided to amend or disregard, and he inserted text in places.
The contract did not include a daily rate for drilling work.
As discussed above, on June 11, 2015, Cox orally told Thomas that Blackjack intended to plug and abandon the hole and that Swampfox and its rig were released.
Nonetheless, Swampfox's crew allegedly remained onsite on "standby" through June 15.
Swampfox claimed that they were waiting for instructions from Blackjack or written notice of their release.
On June 16, Blackjack gave Swampfox written notice.
However, Wilson had amended section 4.
There is no dispute that Swampfox never reached target depth.
Wagner acknowledged that the parties' contract did not provide for a day rate for drilling work until twenty-four hours after Swampfox reached the target depth.
Wagner explained that the twenty-four hour provision was to allow Blackjack "one free day" in the event that it chose to bring in another company to complete the work after Swampfox reached the target depth.
Wagner claimed that whether the target depth was reached or work stopped for some other reason, the cost of time spent "waiting on orders" was the same.
Wagner also testified about Exhibit A to the contract, which included a list of equipment, materials, and services that Blackjack was required to provide or pay for.
Many of these items were struck through in the final contract.
Yet, Wagner claimed that the "practical effect" of the strike-throughs was that the items were "not in the contract explicitly but rather implicitly.
According to Wagner, this required Blackjack to pay for even the struck-through items.
Some of the struck-through items are the blackjack express and leasing of disputed charges in Swampfox's invoices.
Wagner also testified that Swampfox experienced some "cash flow" problems during their work on the well.
Tony Hines testified that Blackjack was responsible for the drilling mud, but Swampfox was responsible for providing mud pumps.
They tried two different pumps before renting one that worked.
Hines testified that the job proved more difficult than Swampfox anticipated, and Swampfox had to ask Blackjack to provide additional equipment and chemicals.
Swampfox lost one drill bit when they hit another drill bit that had been lost in the hole previously.
Once they reached the cement plug and could not get through, Swampfox asked Blackjack for the PDC bit.
Hines was not on site when the PDC bit got stuck.
According to Hines, Cox ordered the crew to pull the bit out, remove it and clean it, then reenter the hole.
Hines claimed that he instructed the crew not to reenter the hole until he was there, but they went ahead without him.
Soon after Hines arrived, the bit became stuck.
They continued drilling until they realized that the PDC bit had come off in the hole.
Hines opined that the bit came off because it was not attached tightly enough.
He had not been present when it was reattached.
After two days of fishing for the bit, Hines recommended to Cox that Blackjack should plug and abandon the hole because it was already deteriorated beyond repair.
Hines testified that the hole was difficult to drill because it had been inactive for several months before Swampfox became involved.
However, the period of inactivity had nothing to do with the bit problems.
Hines opined that the ultimate loss of the hole was due to the wrong mud program and the fact that the hole had been open and inactive too long.
Jack Cox testified that Swampfox was on site from May 9 until June 16.
Cox said that Swampfox experienced several days of delays due to issues with their own tools, Blackjack's tools, and the mud.
When problems with the mud arose, a mud engineer came and tested the mud.
He told Cox that the mud was adequate to reach Blackjack's target depth.
Blackjack paid for the engineer.
Thomas asked if Swampfox could rent another pump to get through the mud, and Cox agreed to pay for one-third of the cost of the pump himself.
Cox believed that the PDC bit had "unscrewed itself" in the hole, which can occur when the bit is not attached properly.
Cox said that when the just click for source became stuck the first time, Swampfox's crew removed it from the hole and hammered on it with a sledgehammer.
Cox said that using a sledgehammer is not the proper way to attach a drill bit.
Cox said that when the bit came off in the hole, it was also because blackjack zerochan driller did not shut the power swivel down soon enough and the bit was moving too quickly.
After Hines and Cox discussed plugging the hole on June 11, Cox spoke with Wilson.
Wilson agreed that the hole should be plugged and abandoned.
Cox notified the State Oil and Gas Board and received permission to plug and abandon the well.
That afternoon, Cox also told Thomas that Blackjack would plug and abandon the well and that Swampfox was released.
Cox said that he got "virtually no response" from Thomas.
However, he testified that most of Swampfox's charges were excessive or unnecessary.
The jury returned a verdict for Blackjack on both Swampfox's claim and Blackjack's counterclaim.
Swampfox filed a motion for JNOV or a new trial, which was denied, and then https://pink-stuf.com/blackjack/mit-blackjack-chart.html />Swampfox makes three arguments on appeal: 1 that the trial court erred by denying its motion for JNOV or a new trial on its claim against Blackjack because it proved that Blackjack breached the parties' contract by failing to pay the disputed invoices; 2 that Blackjack's counterclaim was barred by the contract's waiver of consequential damages; and 3 that certain hearsay testimony from Cox was prejudicial.
We affirm the judgment in favor of Blackjack on Swampfox's claim because the jury's verdict on that claim is supported by substantial evidence and is not against the overwhelming weight of the evidence.
However, the judgment in favor of Blackjack on its counterclaim is reversed and rendered because that claim is barred by the consequential damages waiver in the parties' contract.
Finally, Swampfox is not entitled to a new trial based on Cox's hearsay testimony, which the trial court properly instructed the jury to disregard.
Thus, the judgment is affirmed in part and reversed and rendered in part.
Swampfox's Breach of Contract Claim ¶26.
The denial of a motion for JNOV is reviewed de novo.
We must consider the evidence in the light most favorable to the non-moving party and grant that party the benefit of all favorable inferences.
The moving party is entitled to JNOV only if the evidence so overwhelmingly points in its favor that no reasonable juror could have returned a verdict in favor of the non-moving party.
However, if there is substantial evidence to support the verdict—i.
In the alternative, a trial judge may order a new trial if he or she believes that the jury's "verdict blackjack training kit against the overwhelming weight of the evidence.
Therefore, the trial judge and this Court must view the evidence in the light most favorable to the verdict and grant all permissible inferences in favor of upholding the verdict.
On appeal, Swampfox broadly asserts that the contract required Blackjack to pay every charge on the disputed invoices.
Therefore, Swampfox argues, this Court should reverse and render judgment in its favor and remand only to determine its damages.
However, Swampfox fails to support its broad claims.
On the evidence presented, reasonable jurors could have found that Blackjack was not required to make any additional payment to Swampfox for those charges.
Swampfox's CEO, Wagner, admitted that the parties edited the IADC form contract to provide that the "standby" charges would apply only after Swampfox reached the target depth and an additional twenty-four hours had passed.
It is undisputed that Swampfox never reached the target depth.
Therefore, the contract did not require Blackjack to pay any standby charges.
In an effort to avoid the contract's plain blackjack express and leasing, Wagner asserted at trial that a "reasonable interpretation" of the contract would be to charge for standby time prior to reaching the target depth because "the effect" of such a delay is the same regardless of when it occurs.
However, that simply is not what the contract states.
If the terms of a contract are subject to more than one reasonable interpretation, it is a question properly submitted to the jury.
It appears that Blackjack was responsible for these fees under the parties' contract, but reasonable jurors could have found that they were paid.
See supra note 1.
The jury, therefore, could have found that Blackjack had already paid the mobilization and demobilization fees.
Finally, Swampfox invoiced Blackjack for various equipment rentals and other materials or services, but the parties' contract indicates that Blackjack was click the following article responsible for many of these items.
Exhibit A to the contract lists the categories of equipment, materials, and services that Blackjack was required to provide at its own expense.
Nonetheless, Swampfox invoiced Blackjack for such tools and services.
At trial, Wagner claimed that the strike-throughs had no "practical effect.
But in any event, Wagner's claim, at best, created an issue of fact for the jury to decide.
Reasonable jurors could have resolved this issue in favor of Blackjack.
In summary, reasonable jurors could have found that the parties' contract did not support Swampfox's charges for, inter alia, "standby" time and various equipment rentals.
Therefore, as to Swampfox's contract claim, the circuit court did not err by denying Swampfox's motion for JNOV.
Nor did the circuit court abuse its discretion by denying a new trial.
As discussed above, Blackjack gave Swampfox oral notice that it was released on June 11.
However, Swampfox alleged that it remained on "standby" for an additional four days because the parties' contract required written notice of its termination.
The Issue on Appeal ¶34.
In its counterclaim, Blackjack alleged that it suffered damages due to Swampfox's negligence and the resultant loss of the well.
Blackjack's appellate brief fails to address this issue or even acknowledge this provision of the parties' contract.
Blackjack only vaguely asserts that "evidence was presented upon which a reasonable juror could conclude that Swampfox was liable for the loss of the hole.
An unambiguous contract must be enforced as written.
Under the parties' contract, Blackjack unambiguously released Blackjack express and leasing from any liability for, among other things, "loss of or damage to the leasehold," "damage to or loss of the hole," and "any and all claims, liability, and expense relating to such damage to or loss of the hole.
Accordingly, we hold that Swampfox is entitled to judgment as a matter of law on Blackjack's counterclaim, and we reverse and render judgment in favor of Swampfox on the counterclaim.
The Separate Opinion ¶37.
The separate opinion suggests that the waiver of consequential damages in the negotiated contract between these two commercial entities is unconscionable or even violates sections 24 and 25 of the Mississippi Constitution.
However, the separate opinion acknowledges that Blackjack has never made such an argument at trial or on appeal.
Therefore, this issue is procedurally barred and is not before this Court.
That said, we are compelled to point out that the concerns raised by the separate opinion have nothing to do with the actual facts of this case.
The separate opinion talks about "contracts of adhesion" and "one-sided" contract provisions.
But this case involves two commercial entities that extensively negotiated their contract.
They started with an IADC contract that is widely used in the drilling industry, and then they made numerous typed and handwritten changes to it.
Morever, blackjack express and leasing waiver of consequential damages in their contract is not "one-sided.
Lord, Williston on Contracts § 64:21 4th ed.
source clauses are commonplace in commercial agreements.
We are unaware of any authority holding that it is unconscionable, let alone unconstitutional, for two commercial entities to agree to a mutual waiver of consequential damages in the context of a negotiated commercial contract.
Express Check Advance of Miss.
§ 25 "No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both.
Cox's Hearsay Testimony ¶40.
While testifying about Click here decision to plug and abandon the well, Jack Cox started to testify about a statement allegedly made by "a tool pusher for Swampfox" named Jimmy Davis.
Swampfox objected, but its objection was overruled.
Cox then testified that Davis said, "Swampfox is already preparing for a lawsuit against Blackjack.
The judge stated that he would instruct the jury, orally and in writing, to disregard Cox's testimony about Davis's statement.
Swampfox agreed, and when the trial resumed, the judge instructed the jurors as follows: Mr.
Cox stated that a Mr.
Davis, a third party who is not in these proceedings, made a statement to him outside of court with regard to some lawsuit.
You are to disregard the statement by the witness referring to that third party's statement.
I will include this in your jury instructions.
It has no probative value in the issues in this case.
In addition, in its final oral and written instructions to the jury, the court reiterated that the jury should disregard Cox's testimony about Davis's statement.
The trial court's admonition to disregard improper testimony "generally is deemed sufficient to cure any taint," id.
Thus, Cox's testimony was "harmless error" and does not require reversal.
On appeal, Swampfox argues that, in addition to instructing the jurors to disregard Cox's hearsay testimony, the trial judge was obliged to "voir dire.
However, Swampfox never asked the trial judge to voir dire the jurors individually.
Therefore, the argument is waived.
Moreover, Swampfox's reliance on Palumbo is misplaced.
In that case, the Supreme Court simply noted that the trial court blackjack express and leasing voir dired the jury in addition to instructing them to disregard an improper question and answer.
The Supreme Court did not state or imply that individual voir dire is always required.
Again, we generally presume jurors will follow the trial court's instructions to disregard inadmissible evidence.
We see no reason to depart from that general rule in this case.
The appellants may not wait until after a verdict has been returned unfavorable to them and then raise the point for the first time on motion for new trial.
We affirm the judgment in favor of Blackjack on Swampfox's breach of contract claim, but Swampfox is entitled to judgment as a matter of law on Blackjack's counterclaim.
Therefore, neither party shall recover anything from the other.
AFFIRMED IN PART; REVERSED AND RENDERED IN PART.
While I agree with the result reached by the majority, I blackjack express and leasing compelled to write separately due to my concern that limitation of liability clauses have been used to deprive Https://pink-stuf.com/blackjack/blackjack-casino-rama.html of access to the courts.
This portion of our Bill of Rights provides a remedy to all those who have been harmed.
Its sister clause keeps the doors to the courthouse open: "No person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both.
When limitation of liability clauses are contained in contracts of adhesion, our Supreme Court has refused to enforce them or other oppressive clauses, finding them substantively unconscionable.
Estate of Moulds ex rel.
One of the reasons the Supreme Court has repeatedly refused to uphold clauses of this type is when "the substance of the provision eviscerates the contract and its fundamental purpose because the potential damages level is so nominal that it has the practical effect of avoiding almost all responsibility for the professional's negligence.
The majority ably sorts through the nuance of the contract at hand and how the parties stipulated to waiving certain types of damages.
I remain concerned that in this form-contract there are provisions that could be one-sided or oppressive.
Nonetheless, as the majority concludes, even though one party sought to have the jury verdict declared void based upon the form language in the contract, the other did not invoke the Bill of Rights in our Constitution or law that demands a more exacting scrutiny of such clauses.
While we should be mindful of the freedom of parties to contract, including sophisticated parties with complex mutual obligations, we must still safeguard access to the courthouse for all.
In this way we continue to honor the mandate that all courts shall be open.
Therefore, I write separately but concur with the majority's decision.

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Our Finance Department Beyond helping you find your next vehicle, we also have other services personalized to add to the overall positive and enjoyable experience we provide to everyone who steps into our dealership.
One of which is making sure you are set up financially to pay for the new car you decided to drive off in.
Our finance team will walk you through each step of the process, clearly blackjack express and leasing each option that you have.
They will help come up with a lease term that satisfies your needs.
We also have a few tools online for you to help start the process, like our application to get pre-approved as well as our payment calculator.
Get started on finding your next Toyota lease by coming in and seeing us at Norm Reeves Toyota San Diego!

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Toyota Lease near El Cajon CA | Norm Reeves Toyota
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Toyota Lease near El Cajon CA | Norm Reeves Toyota
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Bonus:
Free Spins
Players:
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Max cash out:
$ 500

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blackjack express and leasing