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Terms & Conditions

Terms and Conditions

Last updated: October 14, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

Capitalized terms used in these Terms and Conditions have the meanings ascribed to them below under “Definitions.”  Titles and captions are used as a matter of convenience and for reference and in no way define, limit, extend, or describe the scope of these Terms and Conditions or the intent of any of its provisions.  The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Account means a unique account created for You to access our Service or parts of our Service.

Application means the software program provided by the Company branded as SaharaBets downloaded by You on any electronic device

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store), or any other digital distribution service authorized by Us from which the Application has been downloaded.

Affiliate means with respect to a specified entity, any other entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the entity specified. For purposes of this definition, “control of an entity means the power, directly or indirectly through intermediaries, to direct or cause the direction of the management and policies of that entity whether through ownership of voting securities or ownership interests, by contract, or otherwise. Furthermore, with respect to a corporation, partnership or limited liability company, control includes direct or indirect ownership of more than 50% of the voting securities in the corporation or of the voting interest in the partnership or limited liability company.

 

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Power Wagering LLC, a Delaware limited liability company and its Affiliates.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Privacy Policy refers to Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You.  The Privacy Policy is found at https://saharabets.com/privacy-policy/.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application or the Website or both and includes the Wagering Operations.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-Party Services means any services or content (including data, information, products or services) provided by a third-party, including licensors, syndicators, aggregators, or reporting services, that may be displayed, included or made available by the Service.

User Contributions  means content or materials provided by You or other persons that are posted submitted, published, displaying or transmitted on or through the Website or the Application.

Wagering Operations means the remote wagering operations available through the Application or the Website.

Website refers to the website commonly known as SaharaBets.com, accessible at https://www.saharabets.com

You means the individual accessing or using the Service.

 

Meaning of Certain Words and Pronouns:  The terms “includes” and “including” shall not be construed to imply any limitation.  The term “or” is not exclusive unless the context clearly indicates otherwise.  The terms “shall” and “will” are to be construed as creating a mandatory duty.  Wherever the context may require, pronouns shall include the corresponding masculine, feminine, or neutral forms.  The singular form of nouns or pronouns include the plural and vice versa.  Technical words shall be given the meaning usually understood by people in the profession or industry unless a different sense is clearly intended.  References to a law includes any amendments or successor to that law and any rules and regulations put into effect under that law.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Please read these Terms and Conditions and Our Privacy Policy carefully before using the Service.  By using the Service, You accept and agree to be bound and abide by these Terms, Our Privacy Policy, and all other rules or policies as they relate to the Service.  These Terms apply to all visitors, users and others who access or use the Service.

The Wagering Operations are controlled and operated by the Company pursuant to the oversight, regulatory requirements, and licensing of the Arizona Division of Gaming, The Wagering Operation is subject to all applicable State of Arizona and United States federal regulations.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You must be over the age of 21 and physically located within the State of Arizona to use the Wagering Operations or wager with the Service.  By doing so, You represent that You are over the age of 21 and physically located within the State of Arizona.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.

You agree that all information You provide to register with the Website or Application or other Service, including, through the use of any interactive features on the Website or Application, is governed by Our Privacy Policy, and You consent to all actions We take with respect to Your information consistent with the Privacy Policy.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.  Your account is personal to You and You agree not to provide any other person with access to the Website or Application or portions of it using Your username, password, or other security information.

You agree to take reasonable precautions to safeguard Your account, including exiting from Your Account at the end of each session and using caution when accessing Your Account from a public or shared device so that others are not able to access, view, or record secure or personal information.

We may disable any username, password, or other identifier, whether chosen by You or provided by Us at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms, the Privacy Policy, the law or any other rules or policies.

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.  To the fullest extent permitted by law, You agree to indemnify and defend the Company 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 agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use any of the following as a username:  (1) the name of another person or entity or that is not lawfully available for use, (2) a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or (3)  a name that is otherwise offensive, vulgar or obscene.

Prohibited Uses

You may use the Website and Application only for lawful purposes and in accordance with these Terms.

You will not use the Service if:

  • Your participation may undermine the integrity of the wagering, the sports event or the other event;
  • You are prohibited from placing a wager as an agent, proxy or because of self-exclusion;
  • You are an athlete, coach, referee, player, trainer or personnel of a sports organization in any sports event or other event overseen by the sports organization and, based on information that is not publicly available, have the ability to determine or to unlawfully influence the outcome of a wager;
  • You hold a position of authority or influence sufficient to exert influence over the participants in a sporting content, including coaches, managers, handlers and athletic trainers, such that their actions can affect the outcome of a wager;
  • You have access to exclusive information on any sports event or other event overseen by that sports governing body that is not publicly available information or You are identified by any lists provided by the sports governing body to the Arizona Department of Gaming.

Furthermore, You will not:

  • Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
  • Use the Service to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • Use the Service to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Application, or which, as determined by Us, may harm the Company or users of the Website or Application, or expose them to liability.
  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including;
    • Using any device, software, or routine that interferes with the proper working of the Website or Application including shielding or spoofing Your actual location or IP address though the use of a VPN or other means;
    • Introducing any viruses, Trojan horses, worms, logic bombs, or other malware or material that is malicious or technologically harmful;
    • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Application, the server on which the Website or Application is stored, or any server, computer, or database connected to the Website or Application;
    • Attacking the Website or Application through a denial-of-service attack or a distributed denial-of-service attack.
  • Monitor or copy any of the material on the Website or Application, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

User Contributions

The Website or Application may allow or contain User Contributions.  Any User Contribution You post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Application, You grant us and our Affiliates and providers of Third-Party Services, and each of their and Our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any User Contributions for any purpose.

You represent and warrant that:

 

  • You own or control all rights in and to Your User Contributions and have the right to grant the license granted above.
  • All of Your User Contributions do and will comply with these Terms.
  • You are responsible for Your User Contributions You submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
  • You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any facilities we provide and You accept that any postings made by You can be passed on to the relevant authorities should we deem this appropriate;

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Service.

We may:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Company.
  • Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service.
  • Terminate or suspend Your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
  • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND PROVIDERS OF THIRD-PARTY SERVICES FROM ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THOSE PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Changes to Service

We may withdraw or amend the Wagering Operations, and any service or material we provide on the Website or Application, in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Application, or the entire Website or Application to You.

 

Representations

You represent and warrant the following:

  • All information provided by You is accurate and up-to-date, including Your name, address, email address, date of birth, and location;
  • You have not been excluded from gambling by Us, the Arizona Division of Gaming or any other operator and are not subject to self-exclusion by any organization;
  • You have only one account and that account is solely for Your own personal use and is not for the benefit of any third party and that it cannot be transferred to any other party;
  • You are not physically located outside of Arizona at any time while placing wagers on the Website and Application;
  • Your participation on the Website and Application will not result in in any violation of any local, state, or federal laws;
  • You are not a director, officer, owner, or employee or any relative living in the same household as an employee of Power Wagering LLC;
  • You consent to the jurisdiction of the State of Arizona, as relevant, to resolve any disputes arising out of Your remote wagering activities;
  • You consent to the monitoring and recording by the Division of Gaming of any wagering communications and geographic location information;
  • Your participation in the games and sports wagering is personal and not professional;
  • You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to any relevant governmental or taxation authority;
  • You fully understand all the methods, rules, and procedures of the games and sports wagers, and, where and when appropriate, will seek advice or help when using our Service; and
  • You will place all wagers on sports events and contests through the various user interfaces provided on our Websites and Application and You will not wager through other means, including but not limited to an automated player, scripting, or equivalent mechanism (a “bot”). The use of programs designed to automatically perform any action or wager is not permitted on any games or sports events on any part of the Website or Applications;
  • We reserve the right to take the following action if We determine in our sole capacity that any of these Terms have been breached:
    • We may cancel any wager You may have placed;
    • We may suspend or terminate Your account;
    • We are not obligated to pay any winnings which might otherwise have been payable in respect of any bet You placed; and We may refer the matter to the relevant authorities or any other appropriate regulatory body.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

You will use the Website or Application for Your personal, non-commercial use only. You will not , distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from or related to the Service, except for temporary or automatic storage on Your devices incidental to Your accessing and viewing those materials such (e.g., storage in RAM or cached files).

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including if You breach these Terms and Conditions, if we suspect or identify unusual or suspicious wagering activity on Your Account, or upon order of the Arizona Division of Gaming or other governmental agency.

If You do not access Your Account by ‘logging on’ to Your Account using Your Account name and password for any consecutive period of three (3) years, Your Account is considered a Dormant Account and We will close Your Account. Upon closure. We will make reasonable efforts to contact You to return any unclaimed funds as required by A.R.S. § 44-307(E). After 120 days, unclaimed funds will be presumed abandoned and We will remit all abandoned funds to the Arizona Department of Revenue as required by A.R.S. § 44-307.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

YOU UNDERSTAND AND ACKNOWLEDGE THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE COMPANY ACCEPTS NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.

Despite any damages that You might incur, the entire liability of the Company, its Affiliates and any of providers of Third-Party Services under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the lesser of (a) the amount actually paid by You through the Service or (b) $100 USD.

To the maximum extent permitted by applicable law, in no event shall the Company, its Affiliates or providers of Third-Party Services  be liable for any special, incidental, indirect, or consequential damages whatsoever (including, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In those states, each party’s liability will be limited to the greatest extent permitted by law.

Under no circumstances shall the Company be liable to You resulting from or related to Your breach or violation of any local, national, federal, state, or other laws that may occur from Your use of the Service.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor its Affiliates nor any of the providers of Third-Party Services make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, completeness, reliability, or usefulness of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components. Any reliance You place on any information or content provided through the Services is strictly at Your own risk.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In that case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The Website or Application may include Third-Party Services provided by third parties. All statements or opinions expressed in Third-Party Services and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Governing Law

The laws of the State of Arizona, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service including all disputes and claims arising from them or related to the Services. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If any dispute cannot be resolved informally, Your use of the Service operates as Your consent to then seek to resolve such dispute by private mediation, and if that fails to resolve the dispute, You agree that any legal claim You make regarding the Service must be brought within the State of Arizona via binding arbitration utilizing a “JAMS” arbitrator under the JAMS commercial arbitration rules, and the results of such arbitration will be binding. If JAMS is unavailable or will not serve as an arbitration service, then arbitration must proceed utilizing a private arbitrator or other arbitration service and must still utilize the JAMS commercial arbitration rules. Arbitration and this arbitration clause are governed by the Federal Arbitration Act, and any arbitration shall be conducted by the parties in their individual capacities only and not as a class or other representative action. You waive any right to file a class action lawsuit or seek relief within arbitration on a class wide basis. If a court or arbitrator deems the class action waiver to be void or unenforceable, the parties agree that this arbitration provision is deemed null and void in its entirety and the parties will be deemed not to have agreed to arbitration at all.

You may opt out of the arbitration provisions of this section by sending, within 30 days after you start using the Service, a written notice to the following address: [add address, which should be a generic address that will intake and maintain a record of any opt outs in the event of future litigation]. If you do not send written notice opting out of arbitration within 30 days after you begin using this service, you specifically agree to the terms of this Disputes Resolution section.

In the event that any dispute is to be tried in a court of law, all legal actions or proceeding arising out of, or related to, these Terms or the Service will be held and tried exclusively in any state or federal court of competent jurisdiction located in the State of Arizona. You waive any and all objections to the exercise of jurisdiction over You by those courts and to venue in such courts.

You may also contact the Arizona Department of Gaming directly regarding complaints, at:

Arizona Department of Gaming

1110 W. Washington St, Suite 450

Phoenix, AZ 85007

Phone: 602-771-4263

 

 

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country of which You are a legal resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country , (ii) You are not listed on any United States government list of prohibited or restricted parties, and (iii) You will use Your Account and conduct all Your activities thereunder in full compliance with federal statutes governing internet gaming including  18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§5361 through 5367 (Unlawful Internet Gambling Enforcement Act).

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, the provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise that right or require that performance at any time thereafter and shall not be a waiver of a breach or constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated into another language if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide notice on our Website or through the Application prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]

By visiting this page on our website: https://www.saharabets.com/contact

By phone number: 1-800-634-6010

By mail: 9400 West Maryland Ave Glendale AZ 85305