Dated as of August 30th, 2022
Stake Trade, Inc. (USA) (“Prophet Exchange”) operates the website www.ProphetBettingExchange.com (“Website”) and the mobile, tablet and any other Prophet Exchange apps (all of which together are referred to as the “App”, and collectively with Website, the “Service(s)”under an agreement with Caesars Interactive Entertainment New Jersey, LLC. Prophet Exchange is referred to herein as “Prophet Exchange” or “We” or “Our” or “Us”.
You should read and agree to the full and complete Terms and Conditions before registering and using Our Service.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A
WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 30 BELOW.
1. Who We Are
1.1 www.ProphetBettingExchange.com is owned and operated by Stake Trade, Inc., pursuant to the oversight, regulatory requirements, and licensing of the New Jersey Division of Gaming Enforcement (“NJDGE”). Stake Trade, Inc. resides in Hoboken, NJ. Stake Trade, Inc. is trading under the name Prophet Exchange, and accordingly any reference to Prophet Exchange in the underlying document shall be construed as constituting a reference to Stake Trade, Inc.
1.2 The Service is designed and maintained by Prophet Exchange.
2. These Terms & Conditions and Your Relationship with Prophet Exchange
2.1 The contractual relationship between the registered user (hereto referred as “You”, “Your”, “Yourself”, or “Player”) and Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC is governed by these Terms and Conditions and by applicable New Jersey state and federal laws and regulations.
2.2 By visiting the Websites, App, and/or by registering and/or using the Services (whether through Website or App), You understand and agree to be, and are, bound by the following:
2.2.1 These Terms and Conditions;
2.2.3 The General Terms & Conditions; and
2.2.4 all such other of Our Terms and Conditions, rules or policies as they relate to any applicable Services (e.g., rules for a particular Sport (defined below)), promotions, bonuses, special offers or any other condition of Your use of the Services from time to time and are deemed to have accepted and understood all of the above.
2.3 All of the Terms and Conditions, General Betting Rules, Sport Specific Betting Rules, and policies referred to in Sections 2.1 and 2.2 shall be hereinafter collectively referred to as the “Terms and Conditions.”
2.4 By accessing, using or otherwise participating on the Services, You accept and agree to be legally bound by these Terms and Conditions, whether or not You sign-up as a member of the Services. If You do not agree to accept and be bound by the Terms and Conditions, please discontinue your use of the Services and the Website and/or the App. It is important that You review these Terms and Conditions regularly. We may impose limits on certain features, activities, offers, promotions or services and may restrict, suspend, terminate your access to the Services or Your ability to participate in activities, offers, promotions or Services, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
2.5 If You wish to confirm the version of the terms and conditions you
accepted at the time of registration and receive a copy, please Contact Us.
3. Amending the Terms and Conditions and/or Services
3.1 Prophet Exchange reserves the right to alter these Terms and Conditions, or any other document which is part of its agreement with You, including but not limited to, any of the General Betting Rules and Sport Specific Betting Rules at any time.
3.2 Any changes in Terms and Conditions made by Prophet Exchange will be notified to the Player in advance of any continued use of the Service. You have the right to either accept and proceed to use the Service, or decline and stop using the Service, upon this notification of any changes to the Terms and Conditions. If You continue to use the Service, You will be deemed to have accepted any changes to the Terms and Conditions as applicable to all of our relationship.
3.3 Should You, due to any circumstances, including refusing to accept changes to the Terms and Conditions, not wish to continue using the Service, You must withdraw all available funds and then close Your Account at Your earliest convenience.
4.Pre-Conditions to Opening an Account
4.1 Any Player applying for an Account must be at least 21 years old and in addition, meet any other eligibility and verification criteria to use the Service. Please be aware that underage gambling is a criminal offense.
4.2 You agree to abide by these Terms and Conditions at all times when using the Service, including that You shall not:
4.2.1 act on behalf of any third party, including permitting a third party to use Your Account;
4.2.2 use funds originating from any criminal or illegal activity or activities;
4.2.3 use bank accounts, debit cards or credit cards which You are not authorized to use;
4.2.4 attempt to gain unauthorized access to the Service or alter its software in any way;
4.2.5 use the Service in any way that would constitute a breach of any applicable laws or regulations;
4.2.6 take part in or organize any criminal actions against Prophet Exchange and/or players;
4.2.7 knowingly deceive Prophet Exchange or misrepresent information that is known to be false in an attempt to gain unauthorized benefits for You or another party;
4.2.8 raise dishonest or vexatious disputes/ claims against Prophet Exchange;
4.2.9 make an Offer/ bet on any market with the intention or the effect of adversely affecting its integrity; and
4.2.10 obstruct or hinder Prophet Exchange’s business operations.
4.3 You are prohibited from transferring and/or acquiring Accounts for or from other players.
4.4 You must not conspire with other players in any way to distort normal game play.
4.5 Your information must be correct during Your registration. This information includes, but is not limited to; Your full name, age and date of birth as per Your official identification documents, Your full and current residential address, social security (last 4 digits) personal telephone number, and/or email address as required. You also agree to update this information at the earliest and most reasonable opportunity should there be any changes to the personal data that You have provided. If You provide any information that is, or that Prophet Exchange has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Prophet Exchange has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4.6 You may only open and maintain one Account, and You must open this Account personally. An Account opened in Your name, but which Prophet Exchange considers may have not been opened by You may be subject to investigation.
4.7 Excluded Persons. The following people are not permitted to establish an account with Prophet Exchange (each an “Excluded Person”):
4.7.1 The Governor or Lieutenant Governor of New Jersey;
4.7.2 Any New Jersey state officer or employee or special state officer or employee as defined in the Casino Conflicts of Interest Law;
4.7.3 Any member of the New Jersey judiciary;
4.7.4 Any member of the New Jersey legislature;
4.7.5 Any officer of Atlantic City;
4.7.6 Any person employed as a casino key employee in New Jersey; and
4.7.7 Any person prohibited from gaming pursuant to N.J.A.C.13:69G, N.J.S.A. 5:12-119 or N.J.S.A. 5:12-100n.
4.8 Underage Gaming. PLEASE NOTE THAT ANYONE UNDER THE AGE OF 21 YEARS OLD FOUND TO BE USING THE SERVICES, AS WELL AS ANYONE WHO FACILITATES SOMEONE UNDER THE AGE OF 21 YEARS OLD USING THE SERVICES, WILL BE REPORTED TO LAW ENFORCEMENT AND WILL BE SUBJECT TO OTHER LEGAL PENALTIES. UNDERAGE GAMBLING IS A CRIMINAL OFFENSE AND ANYONE WHO FACILITATES GAMBLING BY A PERSON UNDER THE AGE OF 21 HAS COMMITTED A CRIMINAL OFFENSE AND SHALL BE PROHIBITED FROM INTERNET GAMING. Prophet Exchange takes its age-verification responsibilities very seriously. We carry out age-verification checks on all customers at the time of Account establishment. We may ask for information to verify Your age and identity and can restrict or suspend your Account until Your age is confirmed. By signing up for an Account (defined below),You consent to our confirmation of your age and identity
4.9 No Use Outside of New Jersey. There are certain Federal prohibitions and restrictions regarding Internet gaming (i.e. 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§3163 through 3167 (Unlawful Internet Gambling Enforcement Act)). It is a federal offense for persons physically located outside of New Jersey to engage in Internet wagering through a New Jersey casino, unless explicitly authorized by the NJDGE. The availability of Our Services does not constitute an offer, solicitation or invitation by us for the use of Our Services outside of the state of New Jersey, and You acknowledge and agree that You are prohibited from using our Services outside of the state of New Jersey. Prophet Exchange shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of Your using the Services.
4.10 Prohibited Participants. Any individual whose participation may undermine the integrity of the wagering or the sports event or for other good cause, including but not limited to: (i) any individual placing a wager as an agent or proxy; (ii) any person who is an athlete, coach, referee, a player or a referee personnel member, in or on any sports event overseen by that person’s sports governing body; (iii) a person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including but not limited to coaches, managers, handlers, athletic trainers, medical provider, or horse trainers; (iv) a person with access to certain types of exclusive information on any sports event overseen by that person’s sports governing body, or (v) a person identified by any lists provided by the sports governing body to the NJDGE, shall not be permitted to wager on any event governed by the league or sports governing body with which they are affiliated. Any employee of a sports governing body, or one of its member teams, who is not prohibited from wagering as described above shall register with the NJDGE prior to placing a sports pool wager.
4.11 Violation of Section 4. In the event that You are found to have breached any of the terms in Section 4:
4.11.1 We may cancel any Bet You may have placed;
4.11.2 You will forfeit any bets placed in breach of Section 4.
4.11.3 We shall not be obliged to pay any winnings which might otherwise have been payable in respect of any bet You placed; and
4.11.4 We may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.
5. Opening an Account and Representations
5.1 In consideration of our accepting your application to establish an Account, you represent (and acknowledge that We and Caesars Interactive Entertainment New Jersey, LLC (the New Jersey sports wagering license holder) may rely on these representations) as follows:
5.1.1 You have read and agree to abide by all of these Terms and Conditions;
5.1.2 You are not an Excluded Person;
5.1.3 You are twenty-one (21) years of age or over, of sound mind and capable of taking responsibility for Your own actions and that You can enter into a legally binding agreement with Us;
5.1.4 You agree to provide accurate Account opening information, including, without limitation, Your correct date of birth;
5.1.5 You will not allow any other person to access or use Your account with Prophet Exchange;
5.1.6 You will refrain from wagering on the Prophet Exchange sports betting application unless You are physically present in the state of New Jersey;
18.104.22.168 You are permitted to cancel any Unmatched Partial Offers while not physically present in the State of New Jersey.
5.1.7 You consent to the jurisdiction of the State of New Jersey, as relevant, to resolve any disputes arising out of your Internet gaming that takes place in the state of New Jersey;
5.1.8 You consent to the monitoring and recording by Prophet Exchange and/or the NJDGE of any wagering communications and geographic location information;
5.1.9 You expressly acknowledge that all wagering/betting activity can and may be recorded;
5.1.10 You specifically consent to not use any artificial intelligence technology and/or other automated computerized software or other equivalent mechanism, such as a “bot” to place bets and/or while using the Services; and
5.1.11 You acknowledge that Prophet Exchange reserves the right to report unusual or suspicious activity to the proper authorities.
5.2 By opening an Account, and any time You use the Service thereafter, you declare that you have not self-excluded from the Service or self-excluded via 1-800-GAMBLER or the NJDGE Self-Exclusion Program, information of which can be found here: https://www.njoag.gov/about/divisions-and-
5.3 Your Rights to Set Daily Limits and Exclude Yourself. You have the right at any time to set daily, weekly and monthly limits for Your gaming activity or to exclude Yourself from playing games or placing sports wagers on the Services. Details of how to set daily limits or to exclude Yourself can be found on the Player Patron Protection page on the Services as applicable. Should You choose to self-exclude Yourself instead of setting responsible gaming limits, You will be opted out of all bonuses in accordance with the applicable bonus terms & conditions. Any cashable balance in Your Account in the amount of one (1.00) dollar or more will be mailed to you via a check by the 15th day of the calendar month following the calendar month in which you exclude Yourself. Should the cashable balance in Your account be less than one (1) dollar at the time You exclude Yourself, You will automatically forfeit such balance unless You contact Customer Service within seventy-two (72) hours of completing Your self-exclusion request to request a check for such balance.
5.4 Your Right to Suspend Your Account for a Period of Time Chosen by You. You have the right at any time to suspend your Account for a period of no less than seventy-two (72) hours. Details of how to suspend Your Account can be found on the Player Patron Protection page on the Services.
5.5 You are only permitted to register one (1) Account with us. (See Section 4.6)
5.6 We will need to complete our identification verification checks before allowing You to deposit funds, make or accept an Offer, or to withdraw winnings from Your Account. (See Section 7.15)
5.7 It is Your responsibility to verify that when opening an Account and conducting business with Prophet Exchange, You are not breaching any applicable laws in Your own jurisdiction.
5.8 Prophet Exchange may, at its own discretion and without having to provide any justification, refuse to open an Account or close an existing Account, including, but not limited to, when We have reasonable suspicion that any Account is traced to the same address, IP address or computer. We may also withhold any winnings on such Accounts. Any existing contractual obligations will be honored, except in the cases where We suspect that the Accounts are connected to underage gambling and/or involved in criminal acts including money laundering, where We have been unable to verify Your identity, or there has been any other breach of these Terms and Conditions.
5.9 During the registration process, You will be able to choose Your login email and password. You can change this password at any time.
5.10 You must keep Your login credentials secret at all times, and You remain solely responsible for the security and confidentiality of Your Account.
5.11 Prophet Exchange reserves the right to examine and confirm Your identity. When deemed necessary, Prophet Exchange will request that documentation proving Your identity and residency is forwarded to Prophet Exchange. Examples of documentation which may be requested include certified copies of photo identification cards, bank statements, references, last utility bill or photocopy of credit card. In the event that You do not provide Prophet Exchange with sufficient identification information, in accordance with Prophet Exchange internal procedures or those required by regulatory authorities, Prophet Exchange may suspend Your Account and all Account functionality, including, but not limited to, bet management and withdrawal of funds and/or close the Account.
5.12 You may view Your wager activity at any time by following the steps below:
1. Log-in to your Prophet Exchange account
2. Click or Tap on Account
3. Select Account Statement
4. Select the transaction type you would like to view
6. Account Security
6.1 Prophet Exchange will take reasonable steps to prevent unauthorized access to Your Account information. You are responsible for maintaining the security and confidentiality of Your Account. In particular, You agree to keep Your email and password strictly confidential. You are responsible for any misuse of Your password. Provided that We have been correctly supplied with the Account information requested, We are entitled to assume that offers and payments are made by You. You should change your password on a regular basis and never disclose it to any third party. You undertake to protect Your email and password in the same way that you would in respect of your bank cards. Any failure to do so shall be at Your sole risk and expense. If a third party accesses Your Account, You are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by You, and you hereby indemnify Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC and hold Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC harmless against all costs, claims, expenses, and damages howsoever arising in connection with the use of or access to Your Account by any third party. You will not attempt to sell or otherwise transfer the benefit of Your Account to any third party, nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party. Subject to the foregoing, Prophet Exchange will not be liable for any loss that you may incur as a result of misuse of emails or passwords or from any unauthorized use of Your Account, whether fraudulent or otherwise. You agree to indemnify Us and hold Us harmless against any costs, claims, damages and expenses arising in connection with the use of, or access to, Your Account by any third party as a result of Your negligence, breach of these Terms, fraud, dishonesty or criminal activities.
6.2 Please contact Us as soon as is possible if You have lost or forgotten Your Account details. You agree to inform Us as soon as possible at Contact Us if You believe that Your Account information is being misused by a third party so that We may suspend your Account to prevent further abuse.
6.3 To retrieve a forgotten password or to change Your password at anytime, You can click on the “Forgot Password” link on the login page. When You click on the link, You will be asked to insert your Your phone number. We'll then send You an SMS code which needs to be verified in order to change your password. Upon entering the code, You will be directed to a change password page. Upon changing the password, You will be directly logged in.
6.4 In accordance with New Jersey law and regulation, and for an additional level of safety of patron accounts, each Prophet Exchange customer has automatic Strong Authentication. Every time you try to access your account, a one-time password is sent to you the phone number connected to your account. You will be sent a SMS text with a code that You will be required to enter to access your Account in addition to being prompted to enter your password. The Player Protection Page provides account security tools and information, such as a description of strong authentication. The Player Protection Page describes tools users can employ to limit play and also the process to self-exclude.
6.5 We recommend that You disable any automatic password memory in your browser prior to using the Services. This will help to limit the risk to you of unauthorized use of your Account.
6.6 You are responsible for configuring Your client terminal's auto-lock feature to protect the client terminal from unauthorized use.
6.7 Prophet Exchange reserves the right to refuse to register You as an Account holder, either with or without cause. Prophet Exchange reserves the right to suspend or terminate Your Account at any time, either with or without cause, upon notice (we will use our reasonable efforts to give such notice to you either before or after suspending or terminating Your Account). Following termination or suspension of Your Account, we will try, in the normal course of events, to comply with any valid contractual obligations made in accordance with these Terms and Conditions.
7. Deposits Transfers & Withdrawals
7.1 You can make deposits into Your Account via Online Banking (Trustly), wire transfer and Cash at Counter via Harrah's Resort in Atlantic City New Jersey.
7.2 All deposits to an Account must be in USD and all transactions are made in USD.
7.3 Players shall not treat Prophet Exchange as a financial institution. No interest is paid on any funds, irrespective of the amount, held in Your Account.
7.4 If You reside in a jurisdiction where winnings are taxable, it will be Your own responsibility to keep track of those winnings and report them to the proper authorities.
7.5 Prophet Exchange reserves the right to make any queries regarding the source of any funds deposited with Prophet Exchange. Should You fail to provide satisfactory responses to our queries, Prophet Exchange may suspend the Account and all Account functionality, including, but not limited to, bet management and withdrawal of funds and/or close the Account. Prophet Exchange may pass on such information as it deems necessary to any relevant authorities.
7.6 Deposits can be made into Your Account using Online Banking (Trustly), wire transfer and Cash at Counter via Harrah's Resort in Atlantic City New Jersey. The name on the card, the bank account, or any other payment method should be identical to that of the name of the Player on the respective Account. If Prophet Exchange identifies that funds have been deposited to Your Account from a third party, Prophet Exchange reserves the right to immediately return the deposit back to the source and void any winnings that have arisen from said deposit. Any charges levied by banks and/or payment gateways can be deducted from Your Account and/or reversed amount.
7.7 The minimum deposit amount for each payment method will be published on the Prophet Exchange Various Payment Method Information Page.
7.8 Funds deposited into an Account or withdrawn from an Account may be eligible for a transaction fee levied by Prophet Exchange. Fees eligible will be determined in accordance with Prophet Exchange’s Various Payment Method Information Page. In addition to the payment methods noted on the Various Payment Method Information Page, Prophet Exchange also reserves the right to set off any fees incurred by processing Your payments against Your Account without notice should Prophet Exchange consider that You are in breach of these Terms and Conditions and/or abusing any of our payment methods.
7.9 Funds deposited should be used for betting purposes only.
7.10 Any suspicious activity on an Account may lead to the Player being reported to the relevant authorities and withholding the Account funds, and could also lead to the closure of the Account, confiscation of funds, and subsequent forfeiture of said funds in favor of the relevant authorities. Transfers
7.11 Prophet Exchange will temporarily block an Account for investigation after five (5) consecutive failed ACH deposit attempts within a 10-minute time period.
7.12 You can decide to withdraw part or all of Your funds from Your Account at any time by selecting from the various options made available by Prophet Exchange. Depending on the chosen withdrawal option, certain transaction fees may apply, which are detailed on the Various Payment Method Information Page and available for You to review at any time. Any fees charged to You can be found Various Payment Method Information Page.
7.13 Whenever possible, Prophet Exchange will process withdrawals using the same method used by the Player to make deposits - Online Banking (Trustly), wire transfer, or Cash at Cage. Any withdrawals made will only be payable to the name used when registering with the Service.
7.14 Prophet Exchange will work to process any withdrawal requests within five (5) business days from receipt of such request.
7.15 You acknowledge that Prophet Exchange may require You to upload additional documents to verify Your identity, proof of ownership of any payment method used to deposit or withdraw funds, Your source of funds or Your source of wealth at any time, including once a withdrawal request is made. This may include, but not be limited to, copies of Your passport, driving license, utility bill, bank statements or pay slips. Withdrawal requests will be accepted once any verification requirements have been satisfied by You and approved in our system.
7.16 Subject to these Terms and Conditions, You may request withdrawal of funds from Your Account at any time (note that this right of withdrawal includes the right to withdraw the entirety of deposit funds), provided that:
7.16.1 all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
7.16.2 any verification checks have been completed by us to our satisfaction; and
7.16.3 You have complied with any other relevant withdrawal conditions affecting Your Account and are not in breach of any of our Terms and Conditions.
General for Deposits Transfers & Withdrawals
7.17 You may log in to Your Account to view a statement of account which will show all transactions effected on that Account, namely deposits, bonuses, winnings, bets made, pending bets (both matched and unmatched), responsible gaming limit changes and withdrawals.
7.18Your Account will not provide cancelled transactions or unmatched transactions automatically cancelled due to the event starting. It is Your responsibility to keep records Your own cancelled transactions or these types of unmatched transactions.
7.19 Prophet Exchange holds Player funds separate from Prophet Exchange’s funds in separate bank accounts which We hold with our banking suppliers.
7.20 Any reference in these Terms and Conditions to Your monies being ‘frozen’ refers to monies which:
7.20.1 will be displayed in Your Account in an ‘Open Bets’ or ‘Pending’ balance;
7.20.2 are held in a bank account with all other customer funds and which is controlled by Prophet Exchange but which funds are separate to Prophet Exchange’s funds that are contained in other bank accounts; and
7.20.3 cannot be withdrawn or used for betting by a Player as such funds have been placed on hold, for example, because they have been used to make an Offer on the Service.
8. Placing Bets
8.1 Throughout these Terms and Conditions, We refer to making and accepting Offers. Making an Offer is to propose on the Service a Bet with certain odds (on moneyline markets, for example) or to propose on the Service a Bet on a certain Spread or Total (Spread and Total markets always have even odds) based on a given proposed Stake. Accepting a Bet is to accept an Offer at certain odds that are proportionately commensurate or on a certain spread or total at an agreed Stake.
(See Sections 8.8, 8.9, 8.10, 8.11, 8.21, 8.22, and 8.23)
8.1.1 Moneyline Market
8.1.1 .1 A Moneyline is where it is possible to bet on the (partial or definite) outcome of a game or event. Example: Player A bets on Team A to win the specific match over Team B. Team B loses the specific match. Player A wins their bet.
8.1.2 Spread Market
22.214.171.124 A Spread is defined as betting on whether the chosen outcome will be victorious once the listed spread is added/subtracted (as applicable) to the match/period to which the bet refers to. In those circumstances where the result after the adjustment of the Spread line is exactly equal to the betting line, then all bets on this offer will be declared void. Example: a bet on -3.0 Team A to win will be declared void if the team chosen wins the match by exactly 3 points difference (3-0,10-7, 24-21, etc).
8.1.3 Total Market
126.96.36.199 A Total is defined as betting on whether the chosen final score will be victorious once the listed Total is added/subtracted (as applicable) to the match/period to which the bet refers to. Example: a bet on Over 48 points for NFL Game A will be declared a Win, if 49 points are scored in NFL Game A; will be declared a Loss, if 47 points are scored in NFL Game A; and Void if 48 points are scored in NFL Game A.
8.1.4 Future Market
8.1.4 .1 Future Market “Future” betting is where it is possible to choose from a list of possible outcomes and bet on the eventuality that a participant wins or places within a specified position in the classification of the listed event/competition.
8.2 A reference in these Terms and Conditions to a “Market” on the Service is a reference to, in relation to a given sporting event, a particular outcome (e.g. the winner of a game, total points in a game, outcome of a proposition within the game) that is the subject of wagering as shown on the Service. It is possible to have multiple Markets on the same sporting event.
8.3 A reference in these Terms and Conditions to an “Offer” on the Service is a reference to a proposed wager, with specified conditions (e.g. odds, points spread, or total) and a proposed Stake for the wager.
8.4 A reference in these Terms and Conditions to a “Stake” is a reference to the dollar amount of a bet or wager that is subject of an Offer or a Bet. The Stake in a Bet that is formed on the Service is, for each Player, the amount that such Player stands to potentially lose at the odds agreed in the Bet. When Bets are formed on the Service, the Stake of each given Player is proportionally commensurate, based on the odds agreed in the Bet, to the Stake of the other Player.
8.5 A reference in these Terms and Conditions to a “Bet” on the Service is a reference to an Offer which has been made by a Player and accepted by another Player. If a Player makes an Offer and it is not accepted by another Player, this is referred to as an “unmatched bet”. An “unmatched bet” can be accepted by another Player (either for the full Stake proposed in the Offer or for less than the full Stake proposed in the Offer).
8.6 Following the result of any investigation, if We are satisfied that You have acted in breach of these Terms and Conditions:
8.6.1 We may void any Offer You have made or accepted;
8.6.2 We shall not be obliged to pay any winnings which might otherwise have been payable in respect of any Bet You placed;
8.6.3 We may withhold any funds in Your Account; and
8.6.4 We may refer the matter to the police or any other appropriate regulatory authority.
General Betting Rules
8.7 Before making or accepting an “Offer” (see Section 8.8below), You should make Yourself aware of both the General Betting Rules and the Sport-Specific Betting Rules. Please also note that betting rules can vary between operators in the industry.
8.8 Prophet Exchange provides Players with the opportunity to Offer the Bets they would like to make. On spread and total Markets, Players can make an Offer regarding the point value that they would like to bet. The odds on these Markets will always be even odds. On money line Markets, Players have the opportunity to make an Offer regarding their desired odds on the money line selection of their choice. Whenever a Player makes an Offer, they also must indicate the amount of the Stake they are willing to wager in that Offer.
8.9 If a Player makes an Offer on the Service which is accepted by another Player (either for the full Stake proposed in the Offer or for a lesser Stake), a contract will be formed in respect of that Bet between the Player that makes the Offer and the Player accepts that Offer, in the amount (up to the Stake proposed in the Offer) of the Stake that is accepted by the Player accepting the Offer.
8.10 In order to make an Offer, a Player must select the desired outcome, odds, and aggregate Stake they are willing to risk in the proposed wager. Once these details have been entered on the Service, the funds available in the Player’s “wallet” (i.e. the funds in a Player’s Account which are available for wagering or withdrawal) will be reduced by an amount equal to the total aggregate Stake proposed in the Offer and that amount will be shown in the Player’s Account as “pending” and be considered an unmatched bet, and this will ultimately constitute an “Offer” on the Service which other Players may accept. If a Player wishing to make an Offer does not have the required funds in the Player’s wallet to fund the aggregate Stake proposed in the Offer, the Player will not be able to make the Offer on the Service.
8.11 When You make an Offer on the Service, this will be listed on the Service and other Player(s) will be able to accept such Offer. Please note that an Offer will be accepted automatically in the event that another Player:
8.11.1 Makes an Offer which corresponds with Your Offer (e.g. You make an Offer that Tampa Bay will beat Kansas City at +150 and another Player makes an Offer that Kansas City will beat Tampa Bay at -150;) or
8.11.2 Accepts the terms of a Bet which corresponds with Your Offer and therefore accepts Your Offer (e.g. You make an Offer to wager that Tampa Bay will beat Kansas City at +150 and another Player accepts an Offer to wager that Kansas City will win at -150).
8.12 When You make an Offer into the Service, You grant to Prophet Exchange an irrevocable authority:
8.12.1 To accept, on Your behalf, either (a) previously recorded corresponding and opposing Offer(s) by one or more other Players up to the amount of Your proposed Stake, or (b) Your Offer by one or more other Player(s) up to the amount of Your proposed Stake, and thus in either case to create contract(s) between You and such other Player(s); or
8.12.2 Unless Your Offer has already been accepted as specified in Section 8.12.1, to display the terms of Your Offer for acceptance by one or more other Player(s) until (a) the Offer is accepted in the aggregate amount of Your proposed Stake by one or more other Player(s), or (b) the Offer expires.
8.13 If another Player accepts Your Offer, You will have entered a contract with that other Player. This is a binding agreement from which it will not be possible for You to revoke your Offer or choose to exit, and You will not be able to amend the terms at any time. The amount of Your Stake agreed in the Bet will be shown in Your Account as “pending”.
8.14 When making an Offer, You agree to potentially have multiple other Player(s) accept Your Offer on the other side of a listed Bet, up to the total aggregate Stake proposed in Your Offer, and therefore, to be subject to multiple Bets being matched between You and other Players.
8.15 If only part of the Stake proposed in Your Offer is accepted by one or more other Player(s), the Offer will remain listed on the Service as an Offer for the remaining amount of the proposed Stake which has not yet been accepted.
8.16 If Your Offer is accepted or part of the Stake proposed in Your Offer is accepted, upon settlement of the Bet in accordance with these Terms and Conditions, We will distribute any winnings according to these Terms and Conditions, less any Commission (see Sections 8.26, 8.27, and 8.28). After the outcome of the Bet is determined, should the outcome of the Bet result in the favor of the:
8.16.1 Player making the Offer, Prophet Exchange will distribute the winnings to that Player less Commission; or
8.16.2 Player accepting the Offer, Prophet Exchange will distribute the winnings to that Player less Commission.
8.17 For a working example, see Section 8.29.
8.18 In the event that Your Offer is not accepted by another Player on the Service, it will either expire at the actual start time of the event for which the Offer is made or Prophet Exchange may (but is not obligated to) accept such Offer. If Your Offer is placed during an in-play Market, please be aware that if there has deemed to have been a ‘material event’ on such event (for example, a touchdown having been scored in a football game), then Your Offer will be automatically lapsed by Prophet Exchange to enable fair wagering for all parties. See Section 8 of the General Betting Rules for more detail.
8.19 Upon of expiration of Your Offer, if the full aggregate Stake proposed in Your Offer is not accepted by another Player, or if your Offer is deemed lapsed, the aggregate Stake proposed in Your Offer which is not matched in an agreed Bet will become available again in Your wallet.
8.20 Prophet Exchange bears no responsibility for monitoring and managing the status of Your Offer(s). An Offer may not get accepted by another Player, part of the proposed Stake amount may get accepted or the full proposed Stake amount may be accepted. You are responsible for monitoring how much, if any, of Your Offer is accepted.
8.21 Prophet Exchange also provides a Player(s) with the opportunity to accept bets. When a Player has posted an Offer on the Service, any other Player can accept such Offer, in an amount up to the aggregate Stake proposed in the Offer, constituting a Bet.
8.22 In order to accept an Offer, a Player must have sufficient funds in their wallet to cover the amount of the Stake they are willing to risk in accepting the Offer. Once an Offer is accepted, funds available in the Player’s wallet will be reduced by an amount equal to the total aggregate Stake agreed to in accepting the Offer and shown in the Player’s account as “pending”. If a Player wishing to accept an Offer does not have the required funds in the Player’s wallet to fund the aggregate Stake they desire to risk in accepting the Offer, the Player will not be able to accept the Offer on the Service.
8.23 If You accept another Player’s Offer, You will have entered an agreement with the Player making the Offer. This is a binding agreement from which it will not be possible for You to choose to exit and You will not be able to amend the terms at any time.
8.24 If You accept an Offer (in the full amount of the Stake proposed in the Offer or in less than that amount), upon settlement of the Bet in accordance with these Terms and Conditions, We will distribute any winnings according to these Terms and Conditions, less any Commission (see Sections 8.26, 8.27, and 8.28). After the outcome of the Bet is determined, should the outcome of the Bet result in the favor of the:
8.24.1 Player making the Offer, Prophet Exchange will distribute the
winnings to that Player less commission; or
8.24.2 Player accepting the Offer, Prophet Exchange will distribute the winnings to that Player less Commission.
8.25 For a working example, see Section 8.30.
Prophet Exchange’s Commission
8.26 Subject to Sections 8.28 and 8.29, in consideration for Prophet Exchange acting as an intermediary for a Player transacting with another Player, Prophet Exchange will charge Commission as below:
8.26.1 Prophet Exchange will charge a 2% Commission on net winnings per Market.
8.26.2 Prophet Exchange will set a Specific Amount Percentage Commission on net winnings per Market for VIPs. VIPs are determined based on the definition stated in Section 8.27.
8.26.3 If You have a net loss on a Market, You do not pay any Commission for Bets on that Market.
8.27 VIPs. Prophet Exchange reserves the right to select specific patrons as VIPs of Prophet Exchange. VIPs are selected based on the patron’s use of Prophet Exchange,
8.28 VIP Percentage Commission. Prophet Exchange may (at its discretion) permit a VIP to use the Service with either a different Commission structure, without having to pay Commission, or with paying less Commission than the standard 2% compared to the Commission provided in Section 8.26.1.
8.29 Net Winnings. “Net Winnings” are determined by aggregating Your Stakes won and lost on all Bets You placed on the same Market. A “net loss” is deemed to occur when the aggregate of Your Stakes won and lost on all Bets You placed in the same Market is equal to or less than $0.00.
8.30 We have set out an example below of an Offer being accepted on the Service:
8.30.1 Player A makes an Offer on Tampa Bay to beat Kansas City at +150 odds. He proposes to Stake $100 as his Offer, with the potential return being $150, less his 2% Commission. It is illustrated on the Service as Kansas City -150, since Player A is proposing that he gets Tampa Bay at +150.
8.30.2 Player B accepts an Offer and places a bet on Kansas City -150 for a Stake of $150, with the potential return being $100, less his 2% Commission.
8.30.3 This Offer is a full match, since Player A made an Offer of $100 at +150 and Player B accepted an Offer of $150 at -150.
8.30.4 If Tampa Bay wins, Player A receives back his $100 plus a return of $147.00 (i.e. $150.00 minus his 2% Commission on his net winnings). If Kansas City wins, Player B receives back his $150 plus a return of $98.00 (i.e. $100.00 minus his 2% Commission on his net winnings).
8.31 A Bet is deemed to have been placed as soon as confirmation of the acceptance of the Offer is received on Prophet Exchange’s systems.
8.32 You declare that at the time You make an Offer or accept an Offer, that
You have no knowledge as to the outcome of the respective events. Bets
on events in which You have gained access to insider information are not
allowed. Where there is a suspicion of a violation of this rule, Prophet
Exchange retains the right to void the Bet and/or refuse to pay out winnings.
8.33 Bets matched or placed after the outcome of an event has been determined may be voided at Prophet Exchange’s discretion.
8.34 The list of all Bets/Offers, their status, and details are available to You on the Service after login.
8.35 Prophet Exchange may, in its sole and absolute discretion, decide to suspend betting on a Market at any time. In the interests of maintaining integrity and fairness in the Markets, Prophet Exchange may also void certain bets in a Market, including open or accepted Offers, or void a whole Market in its entirety. Reasons for taking such action can include: an event having been cancelled for some unforeseen reason; incorrect information being displayed on the Service; an error in the Market or
otherwise in relation to the event; an error or technical issue with the Service (including a technical error, such as an error which prevents access to the Service); if Prophet Exchange deems there to have been a material change in the odds offered by other gambling operators on such event; if there is a location change; voiding Offers/Bets We deem to be clearly erroneous; if there is adverse weather (i.e. natural disaster); or any another event of similar nature that impacts the Market and/or event. Should Prophet Exchange void certain Bets in a Market or void a whole Market in its entirety, You will be refunded the whole amount of Your Offer(s), subject to any action Prophet Exchange may take if You are deemed to have breached these Terms and Conditions.
8.35.1 Prophet Exchange reserves the right to return any and all unmatched bets at its sole discretion.
8.36 Should Prophet Exchange decide to close Your Account in accordance with these Terms and Conditions, Bets which have already been placed and accepted will not be voided and You will be paid any winnings, provided You have complied with these Terms and Conditions.
8.37 The odds of a Bet are determined by the Player who makes the Offer of the Bet on the Service. All Offers are matched based on American odds or spread/point value and may be subject to rounding to the nearest penny.
8.38 A mistake by a Player when making or accepting an Offer will not influence the validity of an Offer or its ability to be accepted on the Service.
8.39 When You use the Service, You acknowledge that You have read and understood in full all of the Terms and Conditions, the General Betting Rules and Sport Specific Betting Rules regarding the bets offered by Prophet Exchange as stated on the Service.
8.40 When You place an Offer on the Service, You recognize that, unless another Player(s) accept(s) any portion of this Offer, You cannot win or lose even if the outcome of the event is as predicted, and Your Stake will be returned to Your wallet when the Market is halted.
8.41 When using the Service, You acknowledge that slower devices or internet speeds may hamper user experience and provide disadvantages when navigating the Service and placing Bets on the Service.
8.42 Prophet Exchange records the balance on Your Account (including Your wallet), calculates the available funds (the amount deposited in Your Account which has not been allocated to any Offer, plus promotional balance), the pending funds (amount specifically allocated to Offers and pending matched Bets), a promotional balance, and an aggregate withdrawable balance that is available funds in Your wallet minus Your promotional funds.
8.43 You must check the liability and potential pay-out before making or accepting an Offer. The responsibility is solely on You, and when making or accepting an Offer, and You agree to not hold ] Prophet Exchange accountable.
8.44 You are responsible for ensuring that any Offer You make or accept on the Service is on Your intended selection. For example, in the case of two soccer teams playing each other in different competitions in quick succession, You must ensure that You are making or accepting the Offer
on the relevant event. Similarly, if You are making an Offer on the Service, You are responsible for ensuring that the event You select is representative of the Bet You are choosing to be liable for. Prophet Exchange holds no responsibility for ensuring the selection is the one that You intended.
8.45 You are fully responsible for the Bets placed on Your Account. Prophet Exchange will not be held responsible for mistakes that could have been made during the placing of such Bets, including the Stake amounts, odds, spread / total values, or side of the Bet.
8.46 Winnings will be paid into Your Account after the final result is confirmed, less Commission. However, Prophet Exchange reserves the right to withhold any winnings should there be investigations into the result of an event caused by a suspicion of criminal activities that may have affected the result of the event. If the irregularity is confirmed, then Prophet Exchange retains the right to void any related Bets.
8.47 Should Prophet Exchange become aware that You have placed Bets on Prophet Exchange from different Accounts, which You have opened in breach of these Terms and Conditions, Prophet Exchange reserves the right to void all Bets on such Accounts. Prophet Exchange retains the right
to take any further action, including legal action, as deemed necessary.
8.48 You acknowledge that the Service is provided for legitimate betting purposes only.
8.49 Collusion, either through the use of public chat facilities or by any other means, is forbidden.
8.50 You are forbidden from placing Bets with the intention of transferring funds to another Account.
8.51 While Prophet Exchange tracks all positions, it is Your responsibility to keep records of Your transactions on the Service.
8.52 Prophet Exchange does not track player specific cancelled transactions or unmatched transactions automatically cancelled due to the event starting. It is Your responsibility to keep records of Your own cancelled transactions or these types of unmatched transactions.
8.53 You agree to inform us as soon as You encounter any errors in the Service.
8.54 Offers shown on the Service are an indication of the wagers available to be accepted. In the event of any errors in publishing the amounts of Offers available, the amounts available in the Prophet Exchange backend shall be final and binding.
8.55 An Offer can only be made or accepted by a registered Player.
8.56 An Offer can only be made or accepted over any electronic communication device such as a mobile phone or over the internet.
8.57 Best Execution
8.57.1 Prophet Exchange implements a feature labeled “Best Execution” and all users agree to be subject to this feature as provided by the terms of Best Execution listed in Section 8.57. This feature cannot be disabled by Prophet Exchange or its users.
8.57.2 Best Execution automatically provides a user matching a bet with the best possible odds currently offered in the market. For example, if a user matches a bet at -4 spread, but the market is currently offering a bet at -2 spread, Best Execution will automatically match the user’s bet to -2.
8.58 You may only make or accept an Offer if You have sufficient funds in Your Account to cover the respective Stake.
8.59 Once settled, the bet will be governed by the version of Terms and Conditions, General Betting Rules and Sport Specific Betting Rules valid at the time the bet is accepted.
8.60 We reserve the right to refuse the whole or part of any transaction requested by You:
8.60.1 where You have breached the Terms and Conditions, or
8.60.2 at any time in our sole discretion except that We will not exercise such discretion or seek to enforce such discretion if You have made one or more qualifying Bets as part a Bonus Promotion and the exercise of our discretion would affect Your ability to:
188.8.131.52 receive the Bonus, or the full expected value of the Bonus from that Bonus Promotion, having placed all the necessary qualifying Bets;
184.108.40.206 place the remaining qualifying Bets required by that Bonus Promotion, and consequently receive the bonus, or the full expected value of the Bonus that Bonus Promotion, to which You would be entitled as a result;
220.127.116.11 complete any betting requirements associated with that Bonus Promotion; or
18.104.22.168 materially affect Your ability to complete the qualifying Bets required by that Bonus Promotion.
8.61 For the purpose of Section 8.57 "Bonus Promotion" means a promotion where a bonus is added to Your Account specifically for betting on sports, including bonuses (i) in the form of a Bonus and (ii) in the form of funds with a value linked to the amount of a deposit.
8.62 If an Offer is made or accepted using Your Account, such Offer will be considered to have been made or accepted by You and shall be considered valid unless it contravenes any other term.
8.63 You acknowledge that an accepted Offer may be voided because of the actions of the counterparty (e.g. another Player). For example, if You make an Offer which is accepted by another Player and such other Player breaches these Terms and Conditions, the bet may be voided by Prophet Exchange.
8.64 Where You have been credited with monies which have been credited to Your Account: (a) as a result of an error; or (b) in respect of a bet which has been resettled by Prophet Exchange with a different result:
8.64.1 such amounts shall be deemed to be held by You on trust for Prophet Exchange and shall be immediately repaid to Prophet Exchange when a demand for payment is made by Prophet Exchange to You;
8.64.2 Prophet Exchange may cancel any subsequent bets placed using such monies and/or withhold any winnings which You may have won with such monies.
8.65 Players are not permitted to use programs or interface with our Service using any third-party software.
8.66 If You have made, or are considering making an in-play Offer, You acknowledge that ‘live’ TV or other broadcasts are delayed and that other Players may have more up-to-date information.
8.67 You acknowledge that before You are permitted to gamble on the Service, i.e. make or accept an “Offer”, that You must provide Prophet Exchange with information which will enable it to verify Your identity, such information will include, but is not restricted to, Your name, address, last four of SSN and date of birth. The documents which Prophet Exchange may require You to provide in order for it to undertake identity verification include, but are not limited to, a scanned copy of Your state issued ID and/or passport and a utility bill or bank statement from within the last 3 months. Prophet Exchange also reserves the right to undertake additional due diligence checks, which may include You having to provide further documentation, when Prophet Exchange is required to undertake such verification in order to comply with any legal obligation, license condition or code of practice, or its internal anti-money laundering policy.
8.68 You acknowledge that You must provide Prophet Exchange with information which will enable it to verify Your age, and that age verification must be completed to Prophet Exchange’s satisfaction, before:
8.68.1 You deposit any funds into your Account;
8.68.2 You access any free-to-play versions of the Service that Prophet Exchange may make available; or
8.68.3 You gamble on the Service, i.e. make or accept an “Offer”, with Your own money or any Bonus.
8.69 Betting after the outcome of an event is known is not permitted. We reserve the right to void bets where a Player has obtained an unfair advantage by placing bets after an event has occurred in a match or game ( for example, by placing bets immediately after a goal is scored in order to take advantage of the price as it was before the goal. Prophet Exchange has the right to suspend or block a Player's account when the player places bets after an event as occurred in a match or game, causing the Player to have an unfair advantage. Prophet Exchange has the right to report this conduct to the New Jersey Division of Gaming Enforcement.
Prophet Exchange Make or Accept Offers
8.70 You acknowledge that wagers placed through the Prophet Exchange Service may involve peer-to-peer events where you are playing against other customers. Please note that We cannot control certain actions of those customers, who may be for example undertaking fraudulent activities such as colluding with third parties or using unfair external factors or influences or non-public information. If You suspect a third party is colluding, cheating, or undertaking another fraudulent activity, please let Us know as soon as possible. We will take reasonable steps to prevent such unacceptable behavior. However, We will not be liable for any loss or damage you may incur as a result of such third party collusion, fraud, cheating, or otherwise illegal activity.
8.71 Prophet Exchange, under its sole discretion, has the ability to make or accept an Offer with the intention of driving liquidity for the user. The rationale for providing this liquidity is to enhance the betting opportunities for Players. In such instance, the provisions in these Terms and Conditions regarding a Player accepting or making an Offer in the following Sections shall be deemed to include Prophet Exchange accepting or making an Offer (as applicable): Sections 8.4, 8.5, 8.8, 8.9, 8.10, 8.11, 8.12, 8.13, 8.14, 8.15, 8.16, 8.18, 8.19, 8.21, 8.22, 8.23, 8.24, 8.36, 8.39, 8.53, and 8.63.
9. Suspicious Betting
9.1 For the purpose of this Section 9, “suspicious betting” shall refer to where We have reasonable grounds to believe that a Bet or a number of Bets have been placed under suspicious circumstances. Suspicious betting shall include, but not be limited to:
9.1.1 Where there is an inordinate frequency and/or highly unusual pattern of Bets (by comparison with betting norms) placed on the same selection(s) in a short space of time;
9.1.2 Where there is an inordinate frequency and/or highly unusual pattern of Bets placed on the same selection(s) and where the theoretical probability of said selection(s) winning at the time of Bet(s) placement, based on the odds offered on the selection(s) at the time of bet placement, is largely inconsistent with the theoretical probability of the same selection(s) winning calculated using their starting prices;
9.1.3 Where the integrity of an event (or events) has been called into question, including, for example, but not limited to where one (or more) of the participants in an event displays exceptional, or extremely unexceptional form which We reasonably believe was known to You or someone connected to You at the time of bet placement but was concealed from the public generally in order to gain an unfair advantage in any bets placed on that event (or those events);
9.1.4 Where We have reasonable grounds to suspect that a Bet or a string of connected Bets were placed robotically, by automated means, or otherwise than through the Account holder placing each Bet manually via their Account;
9.1.5 Where We reasonably believe that You have used unfair external factors or influences connected with the event(s) the subject of any Bet(s);
9.1.6 Where We reasonably suspect that You have opened duplicate Accounts or where we reasonably suspect that second or subsequent Accounts are under common control with Your Account with a view to concealing the true worth, nature or pattern of Bets placed by You or on Your behalf, even if second or subsequent Accounts are opened under different names;
9.1.7 Where We otherwise believe, acting reasonably, that You are acting in concert with others or that You are acting other than on your own behalf; or
9.1.8 Where We reasonably believe that bets have been placed from a location or device other than the location or device which You claim to have used to place a Bet.
9.2 In the case of any of the activities contemplated by Section 9.1, and without restricting Our ability to rely on other remedies that may be available to us, We may, acting reasonably, and depending on the circumstances:
9.2.1 Request such further information from You as may reasonably be required by Us to investigate whether the Bet or Bets constitute suspicious betting for the purpose of Section 9.1;
9.2.2 Suspend or withhold payment of any amounts (or any parts thereof) pending the receipt by Us of satisfactory evidence from You in order for Us to determine (acting reasonably) that a bet does not constitute a suspicious Bet as such term is referred to in Section 9.1. For example, but without limitation, where We suspect that a Bet or a string of connected Bets may have been placed robotically or by automated means, We may require You to provide reasonable evidence that each Bet was placed manually by You via your Account. You further acknowledge and accept that We reserve the right, at Our sole discretion, to collect and process any information in connection with Your betting patterns, personal data, depositing of funds and any other related information and inquiries that will help Us to investigate any suspected breach of these Terms and Conditions;
9.3 Suspend or withhold payment of any amounts (or any parts thereof), usually for no longer than thirty (30) days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by Prophet Exchange, any sports governing body, a gambling regulator, a law enforcement authority or any other third party);
9.4 Void a Bet or a string of connected Bets (including for example multiples) prior to the event. Where possible, We shall communicate to you in advance that the Bet(s) has (or have) been voided prior to the (first) event the subject of the Bet(s);
9.4.1 Calculate any winnings based on the starting price of the event(s) the subject of the Bet(s). Where possible, we shall communicate to You in advance that any Bet(s) will be settled at the starting price; or
9.4.2 Where there is an inordinate frequency and/or unusual pattern of Bets placed on the same selection(s) in a short space of time and where we have reasonable grounds to suspect that the Bets are connected Bets, limit the payment of winnings in respect of those Bets (and where necessary with such limitation applied across multiple accounts) to the maximum payout for individual Bets on any particular market or markets as set out in the General Gaming Rules.
9.5 Where We have reasonable grounds to believe that You have participated in, or have been connected with, any type of suspicious betting, We shall use our reasonable efforts to investigate such matter, including, but not limited to, through the use of various collusion, suspicious betting, fraud and cheating detection practices which are used in the gambling industry.
9.6 We reserve the right to terminate an Account if we reasonably suspect any of the activities described in Section 9.1 in connection with that Account.
9.7 Where a Bet is deemed to be, or is declared, void by Us prior to an event, any sum deducted from Your Account with respect to that Bet shall be credited to your Account.
9.8 We reserve the right to seek to recover from You any losses we suffer that are directly or indirectly connected to any of the activities contemplated in Section 9.1. This right is without prejudice to any other rights (including common law rights) that We may have against You, whether under these Terms and Conditions or otherwise.
9.9 We will not be liable under any circumstances whatsoever for any loss You or any other person may incur as a result of the collusive or other behavior in breach of this Section 9. Further, we reserve the right, but shall not be obliged, to take any other actions in the case of any of the activities contemplated in Section 9.
9.10 In exercising any of Our rights under this Section 9, we shall ensure that we exercise such rights in a manner which is fair to You and to Our customers generally. If you have any comments or questions in respect of this Section 9, please do not hesitate to contact Customer Service.
10. Live Betting
10.1 Live Betting (or In-Play Betting) means betting that takes place while an event is in progress. In addition to the rest of these Terms and Conditions, the following rules apply to Live Betting:
10.1.1 We reserve the right to void any part of any, or all, Bets on any Live Betting event that is not completed (i.e., abandoned, postponed);
10.1.2 Where a blatant or palpable error is made in offers made, prices offered or bets accepted or in the in transmission of any event on which we have purported to offer Live Betting, Bets may be settled at the correct price at the time at which the Bet was placed, as determined by Prophet Exchange; or
10.1.3 Where We have reasonable grounds to believe that a Bet is placed after the outcome of an event is known, We reserve the right to void the Bet.
10.2 Please note that in the case of Live Betting, You may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the relevant event, including for example (but without limitation), through delayed coverage, a slow connection or equipment, or other system flaws, faults, errors or service interruption. Prophet Exchange shall not be liable for any delay in relaying up-to date information.
11. Winnings, Payment & Consent to Paperless Delivery of Tax Documents
11.1 All cleared winnings will be credited to the customer’s Account. Please see Section 7 for details on withdrawal methods.
11.2 Results will be as published and confirmed by the relevant governing body or as otherwise generally accepted.
11.3 Any questions relating to a Bet must be raised no later than three months after the last event in the Bet has been settled. We cannot guarantee that we will be able to respond to Your question if it is not raised within this time.
11.4 We may use Your username and/or first name and/or initials and state and any winnings You may have had for advertising or promotional purposes without additional compensation.
11.5 We report winnings to the Internal Revenue Service (IRS) and the State of New Jersey Division of Taxation, for:
11.5.1 Any bet which results in proceeds of $600.00 or more where the winnings are at least 300 times the amount of the wager.
11.6 We also withhold taxes on any bet which results in proceeds of $5,000 or more where the winnings are at least 300 times the amount of the bet. We withhold 24% of the proceeds and remit such amount to the Internal Revenue Service (IRS). We also withhold 3% of the proceeds and remit such amount to the State of New Jersey Division of Taxation.
11.7 If You are subject to IRS reporting requirements, we will send You Form W2-G summarizing the information for tax purposes by January 31st of the year following the end of the tax year of winning.
11.8 You hereby affirmatively consent to receive all your tax-related documents, including any IRS Form 1099 and/or Form W-2G electronically. Tax-related documents will remain available electronically for at least one year after the date the document is first made available to you electronically.
11.9 If You wish to opt out of paperless delivery of tax-related documents, please provide a written notice prior to agreeing to these Terms and Conditions either: (1)by contacting Customer Service. We may take up to 15 business days after receipt to process Your request, but any valid election to opt out of paperless delivery for tax-related documents will be applied as of the date that You agreed to these Terms and Conditions. In each case, Your written notice should contain: (1) a statement that You are opting out of paperless delivery of tax-related documents; (2) Your US tax identification number; and, (3) Your full legal name. If You choose not to affirmatively consent to receive tax-related documents electronically, a paper copy of all relevant tax-related documents will be provided to You at the last updated address in your Account when the tax-related documents are issued.
11.10 In addition to consenting to and obtaining electronic copies, You may request additional paper copies of Your tax-related documents by contacting Customer Service. Requesting a paper copy of Your tax related documents will not be considered a withdrawal of Your consent for paperless delivery. You must formally withdraw consent to begin regularly receiving a paper copy of Your future tax-related documents.
11.11 You agree to notify Us promptly if your e-mail address or other account information changes by updating Your account information on the Services or contacting Customer Service. For information that is required by law to be sent to You, including Form 1099 and Form W-2G, if We receive an electronic notice that an e-mail is undeliverable due to an incorrect or inoperable e-mail address, We will resend such information via U.S. Postal Service to Your address on file.
11.12 You may withdraw your consent to paperless delivery of future tax-related documents by providing written notice either: (1) by contacting Customer Service. We may take up to 30 business days after receipt to process Your request. In each case, state that You are withdrawing consent to paperless delivery of tax-related documents, and provide Your US tax identification number and Your full legal name.
11.14 We reserve the right to stop or refuse issuance of paperless delivery of Your tax-related documents at any time by giving You notice. If we choose to do so, We will send you paper copies of Your tax-related documents.
12. Errors and Suspected Errors
12.1 We will not assume responsibility for any errors or events outside of our control, which in turn, may result in the Service being cancelled or suspended. (Section 26.8)
12.2 Prophet Exchange makes every effort to ensure that no errors are made in prices offered or Bets accepted. However, human and/or systems’ error may occasionally result in errors.
12.2.1 Prophet Exchange reserves the right to correct any obvious errors and to void any Bets placed where such errors have occurred.
12.3 Should funds be credited to a customer’s Account in error, it is the customer’s responsibility to notify us of the error without delay. Any winnings subsequent to the error and prior to the notification to Us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, Prophet Exchange.
12.4 Any monies which are credited to Your Account, or paid to You as a result of an error shall be deemed, pending resolution under Section 12.3 to be held by You on trust for Us and shall be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, if You have funds in Your Account we may reclaim these funds from Your Account. We agree that We shall use reasonable efforts to detect any errors and inform You of any such errors relating to You, Your engagement with Us, or Your Account, as soon as reasonably practicable.
12.5 As soon as You suspect or become aware of an error you shall:
12.5.1 Immediately cease play; and
12.5.2 Inform Us as soon as reasonably practicable of any such error or suspected error.
12.6 If You are incorrectly awarded any winnings as a result of (a) any human error; or (b) any bug, defect or error in the software; or (c) the failure of the relevant games product or the software to operate in accordance with the rules of the relevant game, then Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC will not be liable to pay You any such winnings and You agree to refund any such winnings that may have been paid to You as a result of such error or mistake.
12.7 By using Our Services, You understand that we reserve the right to change or remove any of these Services at any time.
13. Charge-backs and Cancellation
13.1 We will use reasonable endeavors to meet Offer cancellation requests, but do not guarantee that We will be able to cancel an Offer.
13.2 No cancellation of an Offer will be effective until the Offer is removed from the Service and no longer displayed on the Service.
13.3 As an Offer is available to other Players until cancelled, there is the possibility that an Offer may be accepted and matched in the Service before the cancellation request can be completed. We bear no responsibility for delays which may arise between the time a cancellation is requested by a Player and the time it is actually cancelled on the Service.
13.4 We reserve the right to close the Service at any time, in order to preserve orderly markets or for any other reason deemed fit by us.
13.5 We reserve the right to:
13.5.1 prevent Your Offer being entered onto the Service; and/or
13.5.2 cancel or take any open Offer.
14. Void Bets and Right of Set-Off
14.1 Prophet Exchange may void bets on a market at its sole discretion, including without limitation, because of incorrect information being displayed on the Service. (Section 8.34)
14.2 Without restricting our ability to rely on other remedies that may be available to us, We may cancel any of Your unmatched Offers using the Service or void any accepted Offers/ bets at our absolute discretion if:
14.2.1 We suspect that You are acting other than on Your own behalf or otherwise in concert with others or engaging in illegal or fraudulent activity while interacting with the Service;
14.2.2 We suspect that You have breached any of these Terms and Conditions;
14.2.3 We suspect that You are acting in a manner that is detrimental to the conduct of our business;
14.2.4 We suspect that it is illegal for You to interact with the Service in any way;
14.2.5 We are unable to verify Your registered address or contact telephone number;
14.2.6 the use of Your Account has given rise to an integrity concern, including if any bets You place are in breach of any rules about irregular and/or suspicious betting or misuse of inside information relevant to a sports governing body, other professional body of which You are a member, or of which Your employer is a member; or
14.2.7 We are required to do so by law.
14.3 All event lapsed bets and cancelled Offers will have the relevant sum offered or staked refunded.
14.4 Prophet Exchange may at any time set off any amount on deposit in your Account against any amounts owed by you to Prophet or Caesars Interactive Entertainment New Jersey, LLC.
15.1 Prophet Exchange reserves the right to seek criminal or other sanctions against You if We suspect You have engaged in fraudulent, dishonest or criminal acts and We will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
15.2 Prophet Exchange reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
15.3 You represent that all money that You deposit in your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
16. Responsible Gambling
16.1 You may set Your own limits on the amount You want to allow Yourself to bet or deposit in a specified period of time (daily, weekly or monthly). The limit can be removed by You through Your Account after the user-specified time period elapses.
16.2 You have the right to self-exclude from Your Account for a definite or indefinite period of time should You no longer wish to bet. It is not possible to reopen Your Account during the term of the self-exclusion. However, You can increase the term (of at least six (6) months) of Your self-exclusion at any time and the increase will take effect immediately after it is received. A self-exclusion will remain in force at the expiry of the term of the self-exclusion unless You take steps to re-activate Your Account (a one day cooling off period will apply).
16.3 The self-exclusion arrangements give players the option of selecting a self-exclusion period of up to at least five years.
16.4 The minimum self-exclusion period offered is twelve (12) months.
16.5 A Player who has decided to enter a self-exclusion agreement is given the opportunity to do so immediately without any cooling-off period.
16.6 At the end of the period chosen by the Player, self-exclusion remains in place, for a minimum of 5 years, unless the Player takes positive action to gamble again.
16.7 Where a Player chooses not to renew, and makes a positive request to begin gambling again, during the five (5) year period following the end of their initial self-exclusion, the Player is given one (1) day to cool off before being allowed to access gambling facilities. Contact must be made by emailing Customer Support ; re-registering online is not sufficient.
16.8 We take responsible gambling very seriously and if You try to open duplicate Accounts with us during Your period of exclusion We will do our best to detect and close them. In the event You are able to access the Service in a period when You have self-excluded, reserves the right to not refund any losses incurred during the period before detection and closure of duplicate Accounts. Prophet also reserves the right to withhold any winnings that have been obtained, with only the amount deposited returned to You. Any winnings withheld will be donated to a responsible gambling charity of Prophet’s choice.
16.9 Please refer to our Patron Protection Page for more information.
16.10 If a Player emails Prophet Exchange requesting self-exclusion without specifying a period, he/she will be subject to the minimum exclusion period of 12 months.
16.11 If a Player chooses self-exclusion, all unmatched bets he/she has in play, Prophet Exchange will do their best to cancel pursuant to these Terms and Conditions. All matched bets made prior to choosing self-exclusion will remain open and Prophet will attempt to pay any winnings directly to the Player’s last used payment method.
16.12 A Player may request self-exclusion by contacting Prophet Exchange via email, mail, or by using account settings tab in Your dashboard.
16.13 Prophet Exchange will use reasonable endeavors to ensure You are excluded from the Service once You have submitted a request for self-exclusion.
16.14 Prophet Exchange reserves the right to impose an exclusion period, suspend or close Your account for any reason, including where We have concerns about Your gambling activity, including, but not limited to: self-made comments about Your gambling that rise to the level of problem gambling wagering behavior.
16.15 Prophet Exchange reserves the right to refuse to credit any losses You sustained regardless of request for credit, unless the loss was marked in error.
16.15.1 In addition to Prophet Exchange’s self-exclusion service, You are also able to self-exclude via 1-800-GAMBLER or the NJDGE Self-Exclusion Program, information of which can be found here: https://www.njoag.gov/about/divisions-and-offices/division-of-gaming-enforcement-home/self-exclusion-program/ This permits You to self-exclude from all online gambling services that have signed up to this service.
16.16 After You have self-excluded with 1-800-GAMBLER or the NJDGE, You will be prevented from gambling with the Prophet Exchange until the 1-800-GAMBLER or the NJDGE your self-exclusion is no longer active.
16.17 Your 1-800-GAMBLER or the NJDGE self-exclusion may take a number of days in order to become active with Us, after you register with. In this period, You must not access the Service and We shall not be liable if You do.
16.18 You must ensure that the details You use to register with 1-800-GAMBLER or the NJDGE are the same as those details registered on your Account, if they are not the same Your self-exclusion may not become active with Us.
16.19 Enjoy legal online gaming and sports betting in New Jersey responsibly and sensibly. At Prophet Exchange, We offer a range of different options that can be used to manage Your gaming activity at any time. This includes tools which allow You to limit the amount You can deposit or wager, time limits to help You control how much time You spend gaming or the option to exclude Yourself from gaming for a period of time. All mentioned limits can be set in the various sections below when logged in. Visit our Patron Protection Page.
16.20 If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER.
17. Inactive Accounts, Charges and Statements of Account Activity
17.1 Your Account will be classed as an ”Inactive” Account if You have not logged into Your Account for a period of twelve (12) months or more.
17.2 We will notify You if Your Account has become Inactive and attempt to repay the deposit balance to the last payment method used by You, subject to the general provisions regarding withdrawals.
17.3 Any Account deemed to be an Inactive Account and having a deposit balance will be charged an administrative fee equivalent to five dollars ($5.00) per month (“Inactive Fee”).
17.4 Prophet Exchange will notify the player that an Inactive Fee shall be charged thirty (30) days prior to any Inactive Fee being incurred.
17.5 Subject to Section 17.6, an Inactive Fee will be charged monthly until the Inactive Account either becomes active again or the deposit balance on such Account is reduced to zero (0).
17.6 Prophet Exchange will credit an Account with an amount equal to the difference in the total Inactive Fees which have been paid on such Account and $30, subject to each of the following being satisfied:
17.6.1 the Account has been Inactive for a period of more than 6 months; and
17.6.2 the Account ceases to be Inactive because a Player logs into their Account; and
17.6.3 the credit to such Account will be equal to the lower of: (i) $30; and (ii) the total Inactive Fees paid by the Player to Prophet Exchange in this period when it was an Inactive Account.
17.7 You expressly acknowledge and consent that any account that is dormant with no activity (play, account inquiries, deposits, or withdrawals) for more than twelve (12) months will be closed and any funds remaining in the account at that time are deemed forfeited.
17.8 Statements of Account Activity. Once logged into your Prophet Exchange Account, You can consult the “Account Statement” page to review all monetary transactions on your Account for the immediately preceding six (6) months. You may request and receive a statement of activity related to the last six (6) months of activity on your Account at any time by visiting the My Account page of the Services. If you require a statement of activity relating to your activity over the past twelve (12) months, please contact Customer Service with your request. Please be advised, any specific cancelled open wagers, and/or unmatched wagers will not be included in Your Transaction History because these transactions do not qualify as wagers.
18. Closure of Accounts
18.1 You may close Your Account at any time by contacting Customer Support.
18.2 In the event that You breach any provision in these Terms and Conditions, Prophet Exchange reserves the right to close Your Account and may withhold any available funds and or void any bets.
18.3 Following termination or suspension of Your Account or exclusion from Your Account, Prophet Exchange will, in the normal course of business, return any funds in Your Account and again following the settlement of any open bets. We do, however, reserve the right to withhold the funds in Your Account from You pending the result of any investigation where:
18.3.1 We suspect You have acted in breach of these Terms and Conditions, including where We suspect the Account has been linked with cheating, fraudulent or dishonest activity; and/or
18.3.2 We have to withhold the funds in Your Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
19. Data Usage
19.1 Sports data on the Service, including data provided by Sportradar, may only be used for Your personal use. The distribution or commercial exploitation of the data is prohibited.
19.2 Use of sports data from the Service, including from Sportradar, is at Your sole risk.
19.3 Neither Prophet Exchange nor any of our sports data licensors (including Sportradar) gives any warranty that the supply of the data will be uninterrupted or as to the accuracy of the data.
19.4 Data shown on the Service in-play is subject to a delay and may not be accurate at the time You make or accept an Offer. You are responsible for checking the state of an event at the time You place Your Offer/ bet.
19.5 Software and Downloads. For certain of our Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, You may be required to enter into an end user license agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
19.7 SMS Service Alerts. To confirm that You opt-in to location data being used to validate your location, You must provide a valid cell phone number on registration. Prophet Exchange requires this number in order to send You a SMS verification code as an opt-in text message and to perform two-factor authentication. You must reply “yes” to that message to confirm Your consent for location verification. You will not be able to access any wagering on the Services unless You have opted into location verification. In order to receive this opt-in text message, You must have a supported carrier. Supported carriers include major US carriers such as AT&T, Sprint, T-Mobile, and Verizon Wireless. Additional carriers such as Boost, Cricket, U.S. Cellular, and Virgin Mobile are also supported where available. Message and data rates may apply; please check with Your carrier for further details. Messages will be sent with a maximum frequency of two messages per month. Should You wish to opt-out of location services, You can do so at any point by responding “STOP” to the original opt-in text message or by texting “STOP” to “84787.” If You opt out of location services, You will no longer be able to access the Services or the games or sports wagering menus as Prophet Exchange will no longer be able to verify that you are physically located in the State of New Jersey. You can also text “HELP” to “866-860-0377” to receive an SMS message with additional information about location services. Prophet Exchange will remind you every thirty (30) days via SMS that you remain opted in to location services. For further details regarding location or SMS services, please contact Customer Service.
20. Security and Restrictions for Use of the Services
20.1 You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Services or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
20.2 You agree not to use the Services:
20.2.1 In any way that violates any applicable federal, state, local or international law or regulation;
20.2.2 To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability;
20.2.3 Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
20.2.4 Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the materials on the Services;
20.2.5 Use any manual process to monitor or copy any of the materials on the Services or for any other unauthorized purpose without our prior written consent;
20.2.6 Use any device, software or routine that interferes with the proper working of the Services; or
20.2.7 Otherwise attempt to interfere with the proper working of the Services.
21. Systems Failure, Hacking and Other Offenses
21.1 If the Service becomes unavailable (such as during scheduled/unscheduled downtime or DDS attack) leaving You unable to manage open Offers you will be notified. If for some reason this occurs while You are logged in, please contact Customer Support immediately to clarify Your position.
21.2 A bet is deemed to have been placed as soon as acceptance of such Offer has been processed by Prophet Exchange's servers. The message regarding making or accepting an Offer is normally quick, however, in exceptional circumstances, it may be delayed in which case You should refresh Your browser and check Your Account Statement under Wagers and, if still not present, contact Customer Support who will be able to clarify Your position.
21.3 Communication errors do occasionally happen. Should there be a break in communication after You make or accept an Offer, it will still be considered to have been ‘made’ or ‘accepted’. You will be informed that the Offer has been ‘made’ or ‘accepted’ once communication is re-established. If an Offer is not received at our servers, then it will not be completed and the bet amount will not be taken from Your Account. If You are unsure of Your position, do not make a further Offer or place a subsequent bet until You have checked your Account Statement wagers or contacted Customer Service to confirm Your position.
22. User Generated Content
22.1 Certain of the Services may invite or permit You to upload Your own content (“User Generated Content”).
22.1.1 You agree that you will not use the Services to:
22.214.171.124 upload, post, email, or otherwise transmit any User Generated Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive
of another’s privacy, hateful racially, ethnically, or otherwise, unlawful, or objectionable (including without limitation, nudity and depiction of drug use);
126.96.36.199 harm minors in any way;
188.8.131.52 impersonate any person or entity, including, but not limited to, a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
184.108.40.206 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Generated Content transmitted through Prophet Exchange;
220.127.116.11 upload, post, email, or otherwise transmit any User Generated Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
18.104.22.168 upload, post, email or otherwise transmit any User Generated Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
22.214.171.124 upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
126.96.36.199 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, emulate, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
188.8.131.52 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
184.108.40.206 interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
220.127.116.11 “stalk” or otherwise harass another;
22.1.1..12 collect or store personal information or data about other Players, or disclose another user’s personal information or data to any third party;
18.104.22.168 solicit personal information or data from anyone under twenty-one (21) years of age; and/or
22.214.171.124 “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection, or license-enforcement mechanisms associated with or related to the Services. 22.2 Prophet Exchange does not exercise editorial control over, and therefore does not endorse any, User Generated Content, and We shall not be liable in relation to such User Generated Content. You understand and agree that You are solely responsible for Your User Generated Content.
22.3 For any User Generated Content You provide, You hereby warrant, represent and undertake that such content:
22.3.1 Is an original work created by You or You have a license or the express consent of the owner to use the User Generated Content in that manner;
22.3.2 Does not infringe any third-party intellectual property rights or privacy rights anywhere in the world;
22.3.3 Does not contain any defamatory or otherwise inappropriate materials or statements;
22.3.4 Complies with all applicable laws and regulations; and
22.3.5 May be used in connection with publicizing and promoting Prophet Exchange and its Services.
22.4 Any User Generated Content You provide will be considered non-confidential and lawfully provided by You and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free right and license to copy, exhibit, publish, distribute or otherwise use and sub-license that User Generated Content as We see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on websites or in any other distribution media. You agree that Prophet Exchange may also use Your name, likeness and any other biographical information contained in such User Generated Content as We see fit, including for commercial purposes. In addition, You waive any right to inspect or approve the finished product, including written copy, wherein Your likeness or testimonial appears. For the avoidance of doubt, You agree that you will make no monetary or other claim against Prophet for its use of Your User Generated Content.
22.5 You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees and service providers harmless from any liabilities, claims, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
22.6 If You have any issues with User Generated Content provided by any other customer or if You would like to discuss Our use (or non-use) of Your User Generated Content, please let Us know by contacting Us at the details below. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
23. Copyright Policy
23.1 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Services infringe Your copyright, You (or Your agent) may send Prophet Exchange a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
23.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
23.1.2 Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
23.1.3 Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Prophet Exchange to locate the material on the Services;
23.1.4 Your name, address, telephone number, and email address (if available);
23.1.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
23.1.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
23.2 If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Prophet Exchange a counter-notice.
23.3 Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices with respect to the Services should be sent to Customer Support.
24. Your Personal Data
25. No Warranty
25.1 Prophet Exchange does not warrant that access to or use of the Services will be uninterrupted or error-free or that defects in the Services will be corrected. Prophet Exchange further does not warrant the accuracy or completeness of the information and material on the Service. The Service may contain typographical errors or other inaccuracies, or information that is out of date. Prophet is under no obligation to update such material. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.
25.2 Prophet Exchange does not accept any liability whatsoever for damage to You or a third party which arises directly or indirectly from a mistake, misprint, malfunction of software on the Service or on any website of its affiliates and/or partners.
25.3 To the maximum extent permitted by law, Prophet Exchange provides You with the Service on the basis that Prophet excludes all representations, express or implied warranties, conditions and other terms which but for these Terms and Conditions might have effect in relation to the Service.
25.4 Therefore, to the fullest extent permissible by law, Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC, their parent companies, and each of their respective subsidiaries and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Prophet Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
25.4.1 The Services and any wagering activities (including the Content and the User Generated Content);
25.4.2 The functions, features, or any other elements on, or made accessible through, the Services; 25.4.3 Any products, services, or instructions offered or referenced at or linked through the Services;
25.4.4 Security associated with the transmission of Your wagers, information and User Generated Content transmitted to Prophet Exchange or via the Services;
25.4.5 Whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your device);
25.4.6 Whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
25.4.7 Whether any defects to or errors on the Services will be repaired or corrected;
25.4.8 Whether your access to the Services will be uninterrupted;
25.4.9 Whether the Services will be available at any particular time or location; and
25.4.10 Whether Your use of the Services is lawful in any particular jurisdiction.
25.5 EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROPHET EXCHANGE PARTY, THE PROPHET EXCHANGE PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
26.1 Your access to and use of the Service is at Your sole option, discretion and risk. You accept that by using the Service, there is a risk that You may, as well as winning money, lose money. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE PROPHET EXCHANGE PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE OR MISUSE OF THE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SERVICES.
26.2 We shall not be liable for any attempts by You to use the Service by methods, means or ways not intended by Prophet Exchange Parties.
26.3 Nothing in this Section 26 shall limit Prophet Exchange Parties’ liability to pay the Player winnings or other sums properly owed to a Player, subject always to these Terms and Conditions.
26.4 IF AND ONLY IF SECTION 26.1DOES NOT APPLY, PROPHET EXCHANGE PARTIES’ MAXIMUM TOTAL AGGREGATE LIABILITY (AND/OR OUR THIRD PARTY SERVICE PROVIDERS TO THE EXTENT RELEVANT) WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE TO YOU UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL NOT EXCEED:
26.4.1 the value of the bets You placed via Your Account regarding the relevant bet that gave rise to the relevant liability; and
26.4.2 the amount of applicable monies, if such monies have been misplaced by Prophet Exchange.
26.5 The Prophet Exchange Parties (and/or Our third-party service providers to the extent relevant) shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):
26.5.1 loss of profits;
26.5.2 loss of business;
26.5.3 loss of revenue;
26.5.4 loss of opportunity;
26.5.5 loss of data;
26.5.6 loss of business information;
26.5.7 business interruption;
26.5.8 loss of goodwill or reputation; or
26.5.9 any special, indirect, exemplary, punitive or consequential losses, whether or not such losses were within the contemplation of the Prophet Exchange Parties, or even if such losses are foreseeable or if We have been notified of the possibility of such losses.
26.6 Prophet Exchange is not responsible for the services, pages or contents of websites to which links may be provided from time to time from the Service.
26.7 Prophet Exchange is not responsible for any consequences resulting from incidents such as any strike; terrorist activities; political crisis; war; pandemic; act of God; power failure; trade or labor dispute; act, failure, or omission of any government or authority; obstruction, saturation, or failure of telecommunication services or networks; natural catastrophe; any act, omission, delay or failure caused by a third party; or any other matter beyond Prophet Exchange's control; including any incident that could lead to a total or partial reduction of access to the Service. In such an event, We may (in our sole and absolute discretion) cancel or suspend the Service without incurring any liability.
26.8 We are not liable for technical, hardware, equipment, or software failures of any kind or lost or unavailable network conditions which may limit or prohibit Your ability to use the Service, whether located or administered, or whether under the Prophet Exchange Parties’ control, that may impede the placing of orders for bets or the acceptance of bets, or prevent You from being and to contact Us. The Prophet Parties will not be liable for any loss of content or material uploaded or transmitted through the Website and/or App and You confirm that the Prophet Exchange Parties shall not be liable to You or any third party for any modifications, or suspension, or discontinuance of, the Services. The Prophet Exchange Parties reserve the right to cancel or suspend the Services without incurring any liability. 26.9 In the event that Your Account is accessed by an unauthorized user, Prophet Exchange is not responsible for any actions or financial transactions undertaken on Your Account. Prophet Exchange is not responsible for any funds You may believe were unlawfully taken from Your Account. If You believe that Your Account has been improperly accessed or otherwise compromised, it is Your responsibility to change Your password and to notify Prophet Exchange.
26.10 Prophet Exchange is not responsible for any loss or damage that You may suffer because of the use of our Service which breaches these Terms and Conditions, including any losses You may incur if you continue to use the Service after you have self-excluded, whether directly or via 1-800-GAMBLER or the NJDGE, in particular where:
26.10.1 you have sought to circumvent a self-exclusion via an additional Account;
26.10.2 you have changed any of the registration details in your Account or opened a new Account; 26.10.3 you have continued to gamble with us between your self-exclusion registration with:
126.96.36.199 1-800-GAMBLER or the NJDGE and Prophet Exchange receiving notification and applying such self-exclusion to our Services; or
188.8.131.52 self-excluding with Prophet Exchange and Prophet Exchange applying such self-exclusion to our Services;
26.10.4 the operating systems utilized by 1-800-GAMBLER or the NJDGE fail to properly and/or in a timely manner identify you and/or your Accounts as subject to self-exclusion.
26.11 The foregoing limitations of liability will apply even if any of the foregoing events circumstances were foreseeable and even if the Prophet Exchange Parties were advised of or should known of the possibility of such losses or damages, regardless of whether You bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
27.1 In exchange for the right to participate in the Services, You agree to indemnify, defend (at our option) and hold the Prophet Exchange Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Services related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (ii) Your User Generated Content; (iii) Your use of the Services and your activities in connection with the Services; (iv) Your breach or anticipatory breach of these Terms; (v) Your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Services, participation in any wagering transactions, and your other activities in connection with the Services; (vi) information or material transmitted through Your device, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, security or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) our use of the information that You submit to Us (including Your User Generated Content) (all of the foregoing, “Claims and Losses”). We may, in Our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any bet or receiving any pay-out. You will cooperate as fully required by Us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Prophet. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
28. Intellectual Property Rights
28.1 Prophet Exchange and its logos are trademarks of Stake Trade, Inc. Any unauthorized use of the brand and/or the logos of Prophet Exchange or the Service could lead to legal prosecution by Stake Trade, Inc.
28.2.1 The Services contain a variety of: (i) materials and other items relating to Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC and their products and services, and similar items from Our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Caesars Interactive Entertainment New Jersey, LLC (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
28.3.1 The Services (including past, present, and future versions, and the Content, including the website pages of www.ProphetExchange.com as well as its URLs, are owned by Prophet Exchange and/or Our licensors and certain other third parties. All Content included on the Services is used with the permission of Prophet Exchange, such as text, graphics, logos, icons, images, and audio clips. All rights, title and interest in and to the Content available on the Services is the property of Prophet Exchange or Our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
28.4 Limited License.
28.4.1 Subject to Your strict compliance with these Terms and Conditions and any additional terms, Prophet Exchange grants You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license in the United States only for as long as you are using the Services to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for Your personal, non-commercial use only, and (ii) to use certain Content that We may from time to time make available on the Services explicitly for You for use as part of or to be incorporated into Your User Generated Content (“Prophet Exchange Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Prophet Exchange Licensed Elements are made available on the Services; but We and Our licensors and certain other third parties, as the case may be, retain ownership of such Prophet Licensed Elements. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Prophet’s sole discretion, and without advance notice or liability. In some instances, We may permit You to have greater access to and use of Content and/or Prophet Licensed Elements, subject to certain additional terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Services other than as permitted herein or for public or commercial purposes, including the text, images, audio, and video without Prophet’s written permission.
28.5 Data Available on the Services.
28.5.1 For the avoidance of any doubt You may use the data available from the Services (including for example odds, both live and historical) only as strictly required for Your permitted personal, non-exclusive, non-sublicensable, non-commercial purpose of availing of the Services. Any other use and/or reproduction of the data without prior written consent of Prophet Exchange is prohibited and will constitute a breach of these Terms and Conditions. Prophet Exchange reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to You, in relation to any unauthorized use of its data or of the Services.
29.1 If You require clarification of any of the Terms and Conditions, rules or settlement then please contact Customer Support.
29.2.1 In the event of there being any conflict or inconsistency between the documents comprising these Terms and Conditions as detailed in 4.13, the order of precedence shall be as follows:
184.108.40.206 the Sport Specific Betting Rules; and then
220.127.116.11 the General Betting Rules; and then
18.104.22.168 these Terms & Conditions; and then
22.214.171.124 Various Payment Method Information Page; and then finally
126.96.36.199 any other of our terms and conditions, rules or policies as they relate to promotions, bonuses, special offers or any other aspect of Your use of the Service from time to time.
29.2.2 In the case of any conflict between the English language version of the Terms and Conditions and all other versions in other languages, the English language version shall take precedence.
29.3 Third Party Linking.
29.3.1 At Prophet Exchange's discretion, the Websites, App, or other Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Prophet Exchange of the contents on such third party websites. Prophet Exchange is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. LINKS TO ANY SERVICES PROVIDED BY A THIRD PARTY ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES AND PROPHET EXCHANGE WILL ACCEPT NO LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR ANY OTHER LOSSES OR DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INFORMATION PROVIDED. IF YOU DECIDE TO ACCESS LINKED THIRD PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
29.3.2 Prophet Exchange generally welcomes the hyper-linking to our Websites and App from other appropriate websites provided such links are to Our homepage (and no deeper within the Websites) and provided Prophet Exchange gives its written consent to the establishment of such links. Prophet Exchange reserves the absolute right to refuse to consent to such links without giving reasons. Any links to either Website or App from another website must be presented in such a manner that the viewing of the Website or App is not impaired by framing or similar techniques that may impair a browser’s experience.
29.3.3 Prophet Exchange does not permit linking from its Websites, App, or its Services to third party websites or services or the display of third-party content on top of, or in addition or as an alternative to, our Websites, App, or Services without Our express written consent. In particular, Prophet Exchange expressly prohibits third parties from framing, similar techniques or other acts of impairment of a user’s experience when they visit Our Websites or App or engage with our Services. To this end, and by your acceptance of these Terms and Conditions whether as registered member or otherwise, You hereby acknowledge that where you engage in any of the foregoing prohibited actions:
29.3.4 Damages may not be an adequate remedy for any infringement and that We are entitled to the remedies of injunction, specific performance, an order to deliver up materials which infringe Our intellectual property rights and any other statutory or equitable relief and that no proof of special damages is necessary for reliance on such remedies; and
29.3.5 You shall indemnify us for any liabilities, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with Your non-compliance with this Section.
29.4 Transfer and Assignment.
29.4.1 On occasion, we may require the ability to transfer, assign or sublicense these Terms and Conditions to a third party, for example (but without limitation) in the case of Our engaging new third party service providers in respect of the Prophet Exchange Services or in the case of a merger or acquisition. You hereby consent, and We reserve the right to, transfer, assign or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You.
29.4.2 You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms without Our prior written consent.
188.8.131.52 If any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining Terms and Conditions and that determination shall not affect the validity of the remaining provisions of these Terms and Conditions. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms and Conditions.
29.5.1 Failure by Prophet Exchange to insist upon strict performance of any of Your obligations or to exercise any of the rights or remedies to which We are entitled shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations and a waiver by Us of any default shall not constitute a waiver of any subsequent default.
29.6.1 Notices and other communications delivered or mailed to the postal address or to the electronic mail address provided by You shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
29.7 Entire Agreement.
29.7.1 These Terms and Conditions and any documents referred to herein represent the entire agreement between Prophet Exchange and You and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms and Conditions.
29.8.1 When You communicate with Us electronically, such as via e-mail, you consent to receive communications from Us electronically. Please note that We are not obligated to respond to inquiries that We receive. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
29.9 Investigations; Cooperation with Law Enforcement; Termination; Survival.
29.9.1 We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and Conditions; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and Conditions; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any Accounts or registrations, at any time, immediately without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to Us under these Terms and Conditions. Upon suspension or termination of your access to the Services, or upon notice from Us, all rights granted to you under these Terms and Conditions will cease immediately, and You agree that you will immediately discontinue use of the Services, un-install the App and delete, destroy or return to Prophet Exchange any and all proprietary and confidential information of Prophet Exchange in Your possession. The provisions of these Terms and Conditions, which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to Us in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
30. Complaints, Disputes and Governing Law
30.1.1 Prophet Exchange will endeavor to make Your experience with us an enjoyable one. However, there may be occasions where You feel dissatisfied with the quality of the Product or of Prophet’s customer service. You may raise a complaint to Customer Support. Your complaint will be escalated to management and We will endeavor to tackle it within five (5) working days of receipt. We recommend that in the first instance that You contact us directly.
30.1.2 You may also file a Complaint with the Caesars Interactive Entertainment New Jersey, LLC by:
30.1.3 We are here to help, but if you do not feel as if you are getting the help you need and have exhausted all reasonable options to resolve the complaint with Prophet Exchange, you may complete a form designated from the New Jersey Division of Gaming Enforcement at NJ Division of Gaming Internet Dispute Form. You can e-mail a complaint to the Division: Igaming@njdge.org or click here to submit a dispute online. You may contact the Division of Gaming Enforcement by calling (609) 984-0909.
30.2 APPLICABLE LAW/BINDING ARBITRATION.
30.2.1 ALL OTHER CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATED TO OUR SERVICES OR THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS AND CONDITIONS, THE SERVICE, WAGERING TRANSACTIONS, THE SITE, THE APP, OR THE BREACH OF THESE TERMS AND CONDITIONS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, SHALL BE SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS STREAMLINED ARBITRATION RULES, TO BE HELD IN JERSEY CITY, NEW JERSEY, BEFORE A SINGLE ARBITRATOR WHO SHALL BE A RETIRED JUDGE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY STRIKING FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY MATTER IN DISPUTE UNTIL SUCH MATTER SHALL HAVE BEEN SUBMITTED TO ARBITRATION AS HEREIN PROVIDED AND THEN ONLY FOR THE ENFORCEMENT OF THE ARBITRATOR’S AWARD. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO A JURY AND THEIR RIGHT TO BRING A CLAIM IN COURT AND AGREE TO PROCEED WITH BINDING ARBITRATION.
30.3 30-Day Right to Opt-Out.
30.3.1 You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to Help@betprophet.co The notice must be sent within 30 days of ___________________, or your first use of the Services, whichever is later, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC also will not be bound by them.
30.4 Changes to This Section.
30.4.1 Prophet Exchange and Caesars Interactive Entertainment New Jersey, LLC will provide 30 days’ notice of any changes to this Section. Changes will become effective on the 30th day. If You continue to use the site after the 30th day, you agree that any unfiled claims of which Prophet Exchange does not have actual notice are subject to the revised clause.
30.5 Limited Time to File Claims.
30.5.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE TO THE WAIVER OF ALL STATUTES OF LIMITATIONS AND/OR REPOSE THAT MAY APPLY THAT ARE GREATER THAN ONE (YEAR).
30.6 Small Claims Matters Are Excluded from Arbitration Requirement.
30.6.1 Notwithstanding the foregoing, either of us may bring any qualifying claim in small claims court located in the State of New Jersey.
30.7 No Class Action Matters.
30.7.1 Except where prohibited by law, You agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Services, any wagering transaction and winnings awarded in connection therewith will be arbitrated only on an individual basis, without resort to any form of class action, and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Services, but in no event attorneys’ or experts’ fees; and (c) under no circumstances will You be permitted to obtain awards for, and You hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
30.8 Waiver of Injunctive or Other Equitable Relief.
30.8.1 IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATIONS, CONTENT, USER GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF PROPHET EXCHANGE.
31. Contact Us
You may Contact Us via email at firstname.lastname@example.org.
31.1 If you experience any problems or have any inquiries or concerns, please contact Customer Support.
31.2 If, after all reasonable methods to resolve the dispute with Us have been exhausted, Your dispute is still unresolved and it arises out of your use of the Services while physically located in New Jersey, you can contact the NJDGE by completing an Internet Dispute Form on the NJDGE's website or by contacting the NJDGE at:
New Jersey Division of Gaming Enforcement
1300 Atlantic Avenue
Atlantic City, NJ 08401
31.3 Please note that a copy of all disputes received by the NJDGE related to the Prophet Exchange Services will be forwarded to Caesars Interactive Entertainment New Jersey, LLC, Our New Jersey sports wagering license holder.
32. Betting App
32.1 In addition to the rest of these Terms and Conditions, and all other terms and conditions that apply (such as rules relating to bonuses or particular games and/or functionalities or any other terms relating to any other App), the following terms and conditions apply to the App.
32.2 You accept that using the App outside of a WiFi network may result in data charges from Your mobile network provider. Prophet Exchange will not be responsible for any data charges incurred as a result of Your using the App.
32.3 If You suffer a disconnection or exit the App for any reason where a further player action is required, then if the Offer or acceptance of an Offer has already been received by Us prior to disconnection or exit, it will be recorded; if not, no Offer or acceptance will be recorded.
32.4 Rules for individual sports can be found within the App and on the applicable Website.
33. Terms Applicable to Apple iOS
33.1 If You are accessing or using one of our App through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
33.1.1. To the extent that You are accessing the App through an Apple Device, You acknowledge that these Terms and Conditions are entered into between You and Prophet Exchange and, that Apple is not a party to these Terms and Conditions other than as third-party beneficiary as contemplated below.
33.1.2. The license granted to You in these Terms and Conditions is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: www.Apple.com) and any third-party terms of agreement applicable to the App.
33.2 You acknowledge that Prophet Exchange, and not Apple, is responsible for providing the App and Content thereof.
33.3 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App.
33.4 To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
33.5 Notwithstanding anything to the contrary herein, and subject to the terms in these Terms and Conditions, You acknowledge that, solely as between Apple and Prophet Exchange , Prophet Exchange and not Apple is responsible for addressing any claims You may have relating to the App, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
33.6 Further, You agree that if the App, or Your possession and use of the App, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
33.7 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.
33.8 When using the App, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
33.9 You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
34. General Betting Rules
The General Betting Rules can be accessed here.
35. Sport Specific Betting Rules
The Sport Specific Betting Rules can be accessed here.
36. Disconnections, Misuse and Malfunction
36.1 We, Our affiliates, agents and licensors accept no responsibility and will not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, interruption of or disconnection from the games server or any other causes over which we or they have no control.
36.2 Misuse or system malfunction voids all bets, plays and pays.
36.3 In the case of disconnection during a game in which there are still active bets of real currency, wagers that remain pending for 30 days or more will be cancelled and returned to you by no later than the fifth business day of the second subsequent calendar month following the calendar month in which the wager became pending. For example, wagers remaining in a pending state in the month of September will be cancelled and returned to you by no later than the fifth business day of November.
37. Master Offer and Promotions Terms
37.1 You must be 21 years of age or older to bet and/or participate in promotions. Entries made by or on behalf of underage Players will be void since underage gambling is an offense.
37.2 Promotions are only available once per individual. Prophet Exchange may determine at its sole discretion whether it believes different Accounts are connected to the same individual using whichever means Prophet Exchange deems appropriate. If a person has registered more than one Account or otherwise controls more than one Account, Prophet Exchange reserves the right to withhold any promotional benefits, including voiding any bets which have been made on such Accounts or withholding winnings made on such Accounts.
37.3 By entering any promotion, You accept and agree to be bound by these Terms and Conditions in addition to any specific Terms and Conditions relating to the promotion.
37.4 Any decision by Prophet Exchange with regard to any matter concerning or related to promotions is final.
37.5 Email and SMS promotions will only be available to those Players who received a promotional email or text message directly from Prophet Exchange.
37.6 Bonuses can from time to time be credited to Your Account as part of a promotion. Applicable promotion terms will be published at the time of the promotion.
37.7 In the event that We suspect that a Player is abusing or attempting to abuse a bonus or other promotion, We may block, suspend, or cancel the Account of any such Player. We may also void any related winnings, if We determine that You are involved in such abuse. Bonus abuse shall be deemed to include, but not be limited to, using bonuses to place equal, zero or low margin bets or hedge betting.
38.2 You hereby agree that anonymized betting information may be shared with third-party partners.
38.3 You hereby agree and accept to receive marketing communications from Prophet Exchange, unless You have chosen to opt out by updating Your settings.
38.4 You agree that Your personal details provided to Prophet Exchange as part of the account registration as well as documents provided to Prophet Exchange as part of any identity verification process shall be kept on file on Prophet Exchange's servers and may be transferred to the relevant authorities if and when requested.
38.5 As part of the registration process, We may supply Your information details to authorized credit reference agencies and identity verification companies to confirm Your identity, payment card details and other details. You agree that We may process such information in connection with Your registration.
38.6 Prophet Exchange uses the personal information and other information that Prophet Exchange (or others on its behalf) collects from or about You to deliver the Service, to provide customer support and to undertake necessary security and identity verification checks (including checks by trusted third parties).
38.7 Prophet Exchange will retain all of Your personal information for the time set by applicable legislation and the directives of regulators.
If you have any questions please feel free to contact Live Support any day between 10AM - Midnight.
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