ELECTRONIC PRIVACY STATEMENT
Your privacy is important to us. PLEASE READ
Betmix, LLC (“Betmix”) has created this electronic privacy statement in order to demonstrate our firm commitment to privacy. We believe that strong electronic privacy is crucial for the ongoing success of the Internet as a service, commercial, and entertainment medium. The following discloses our electronic information gathering and dissemination practices.
COLLECTION AND USE OF PERSONAL INFORMATION
We may collect the following personal information from you: your first and last name, your email address, driver’s license number, mailing address, telephone number and demographic information. You may opt-out of receiving communications from us by following the instructions in the “Choice/Opt-Out” Section below.
We use information about you for monitoring and improving our internal operations, to properly perform any services you have requested, to comply with applicable laws and regulations, to improve the experience of users on our website/app, for marketing and promotional purposes, and to direct important notices and information to you including in respect of events conducted at our facility. Betmix does not collect personal information about you except when you provide it to Betmix on a voluntary basis.
Occasionally we run surveys, newsletters, contests or promotions for additional products and services that we market for ourselves, for affiliates or for third parties (“General Solicitations”). You will be periodically contacted in respect of such General Solicitations which we reasonably believe may be of interest to you or be useful to you, either directly by us or by our corporate parent, The Stronach Group. If you wish to no longer receive General Solicitations from us, you have the option to opt out of receiving such emails by following the instructions in the “Choice/Opt-Out” Section below.
LINKS AND PUBLIC FORUMS
Our website may contain links to other websites. Our website/app is not responsible or liable for the privacy practices or content of such other websites.
Please be aware than any information, personal or otherwise, that you disclose online in a message board or chat room makes that information public information. You should exercise caution when deciding to disclose your personal information online. Betmix is not responsible for personally identifiable information posted on such public forums.
Our website/app has security measures in place to protect the loss, misuse and alteration of the personal information under our control. All data is kept on secure database servers.
All data entry is done via a secure interface that provides no export facility. Please be advised, however, that the Internet and other networking communication mediums are not secure, unless specified as such, and may be subject to interception or loss which is beyond the control of Betmix. Also be advised that the security, integrity and privacy of any and all information and data exchanged between you and Betmix on this website/app cannot be guaranteed.
CONFIDENTIALITY AND SHARING OF INFORMATION
We will keep your personal information and will not share, sell or rent such information to unaffiliated third parties, unless such disclosure is necessary to, (a) comply with a court order or other legal process, or (b) protect our rights or property.
The Site is not intended for children. Betmix will not knowingly collect information from children.
OPT-OUT/ACCESS TO INFORMATION
The Site provides Users the opportunity to opt-out of receiving communications from us at the point where we request registration information about the visitor.
If you desire access to opt-out from receiving further communications from us, please contact us by e-mailing us at email@example.com.
At the time of your request for access to your personal information, we will need specific information to verify your identity before we can provide You with the personal information requested. In some instances, we will not be able to provide you with the personal information you request, for instance where that information (i) contains references to other persons, (ii) has been destroyed due to legal requirements or because the information has served its purposes, or (iii) is subject to legal protections that prevent disclosure (e.g. information this is subject to solicitor-client or litigation privilege). If we are unable to provide you with access to your personal information, we will explain why and advise you as to any recourse available to you.
We are committed to maintaining the accuracy of your personal information, and we encourage you to notify us of inaccuracies or corrections. Timely notification of a change of address or telephone number helps us in providing You with the best possible service. You may change your personal information in our records at any time and as often as necessary. If you request removal or deletion of your personal information, you acknowledge that residual information may continue to reside in Betmix’s records and back-ups.
If you have any question about this privacy statement, the practices of this website/app or your dealings with this website/app, you can contact us electronically at firstname.lastname@example.org.
1/ST BET TERMS AND CONDITIONS
The Oregon Racing Commission has approved the 1/ST app and website as an affiliate of Xpressbet, LLC.
Please read the following terms and conditions carefully before using this website. If you disagree with any of the terms and conditions, we ask that you do not use this website or access any of its pages for any purpose.
1/ST is managed by Xpressbet, LLC, in conjunction with Betmix LLC (“Betmix”),an affiliate of Xpressbet, LLC.. Xpressbet, LLC is a multi-jurisdictional account-wagering hub, licensed in the State of Oregon, operated and regulated by the Oregon Racing Commission under the laws of the State of Oregon.
It is understood and agreed by you the reader that hereinafter the use of the terms of 1/ST, Xpressbet, LLC and Betmix LLC are one and the same, interchangeable and have the same meaning.
Your access to and use of the website/app is subject to the following terms and conditions of use and all applicable international, State, Federal and local laws. By accessing the website/app, you accept, without limitation or qualification, these Terms and Conditions. Please note that section headings are for your convenience only and have no legal effect. You agree that you will not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law.
CHANGES TO THE WEBSITE AND TO THE TERMS
In preparing this website/app, Betmix has tried to include accurate, complete and current information; however, there are no guarantees or warranties (express or implied) about the website/app contents. The information contained here is provided “AS IS” and Betmix is not responsible for its use or misuse. Betmix may change or delete portions of this website/app from time to time without notice or obligation to the users. Information may be changed or updated without notice and may contain technical, substantive, or other inaccuracies. Betmix makes no commitment to, and specifically disclaims any duty to, update or correct any such information. Betmix shall not be liable for damages of any kind arising out of or in connection with the use of this website/app.
Betmix may change the Terms from time to time, and your continued use of this website/app after any changes constitutes your acceptance of the new Terms.
The text, images, graphics and layout on this website/app are copyrighted and are protected by international copyright laws and treaties and are either owned or licensed by Betmix.
Betmix grants to you a revocable license to view and print any material on this website/app for personal, non-commercial use provided that you do not modify or alter the material in any way, including by deleting or changing any copyright or trademark notice. This is a license grant and does not constitute any transfer of ownership. This license is non-transferable and may be terminated or revoked at any time in Betmix’s sole and absolute discretion. The contents of this website/app may not be copied or displayed for commercial purposes without our written consent.
Betmix reserves the right to control the framing of this website/app. You are expressly prohibited from framing or otherwise displaying or incorporating any portion of this website/app into any other information system.
The trademarks, trade names, service marks, and corporate logos and emblems displayed on this website/app, including names and logos identifying Betmix, and any of their affiliates (each, a “Betmix Trademark”) are owned by Betmix or an affiliate, respectively. No Betmix Trademark may be used without prior written permission from the owner of the Betmix Trademark.
Other marks that appear on this website/app may be claimed as trademarks or service marks by their respective owners, who may not be affiliated with Betmix.
Unless Betmix has entered into a separate agreement with you or your company to the contrary, and subject to various state laws, Betmix is under no obligation to protect or otherwise treat as confidential any information you submit to Betmix via this website/app. By submitting any information to Betmix via this website/app, you agree that such information shall become the property of Betmix and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Betmix sees fit without notice or obligation to the originator. You agree that you are not entitled to any compensation, credit, or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Betmix, or its affiliates or subsidiaries relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract. or breach of confidentiality.
Betmix, subject to various state laws, may collect and sell to third parties your non-identifying personal information.
LINKS TO THIRD PARTY WEBSITES
Betmix does not control and is therefore not responsible for the content of any non- Betmix website you may gain access to through this website/app. Links to non- Betmix websites are provided only as a convenience and do not imply that Betmix endorses, verifies, monitors, or accepts any responsibility for the content of any such website. Betmix makes no representations about, and is not responsible for, the contents or use of such other websites. You acknowledge and agree that Betmix 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 use of or reliance on any non- Betmix website.
TERMS OF WAGERING FOR ALL USERS PLACING WAGERS
By placing Wagers on or via this website/app, you thereby confirm your awareness that many countries, states, provinces and other localities have laws, codes and regulations ("Legislation") governing, regulating or prohibiting the offering of gaming services, both over the Internet and otherwise, and further, You acknowledge that Betmix does not represent that the wagering services offered by this website/app are compliant with Legislation applicable to you. You should contact applicable gaming regulators for additional information, which may affect your ability to utilize the wagering services offered on or provided by this website/app.
By opening an Account with Betmix, you certify that:
- You have read and agree to use the Account in accordance with the instructions and conditions Terms of Wagering, or as otherwise communicated to you from time to time by Betmix.
- You have read and agree to the terms and conditions set out in the Account Application.
- You authorize Betmix to accept, and you agree to be responsible for, all instructions sent to Betmix or to our totalizator system, by such means as are made available by Betmix, when accompanied by Your Account Number and personal identification number ("PIN") and/or password ("Password").
- You hereby consent to the recording of all Account transactions including any calls made to our Betmix Business Office.
- You represent and warrant that you are at least 18 years of age (21 in Alabama, Arizona, Kansas, North Dakota, New Hampshire, Washington). You are familiar with all relevant local laws of the jurisdiction in which you reside. You have the legal right to place Wagers, and we have the right to accept your Wager(s). You further agree that in the event you are traveling outside of the jurisdiction in which you reside, you will only place Wagers from those jurisdictions where account wagering is legal.
- You acknowledge that the Account is for your personal use only. Any Wagers placed by a person other than you is strictly prohibited and will give Betmix the rights to immediately terminate your Account. You are legally responsible for all wagering placed through your Account using your Account Number, PIN and Password, whether by you or any other person with or without your knowledge or consent, until notification from You has been received by Betmix confirming either (i) that the confidentiality of your Account Number, PIN or Password have been compromised or (ii) that you wish to close account. You bear full responsibility for maintaining the confidentiality of your Account Number, PIN and Password and must do so.
- You are placing Wagers for personal, private use only, and you will not make any information, materials, or services available from this service available to any person who is not otherwise allowed to access them. This precludes the use of this information, materials, or services for commercial purposes, as well as the making of this information, materials, or services available to a minor in any way, shape or form.
- You acknowledge that Betmix has the right to offer to you and sell to you information products and services as we feel from time to time are of value and interest to you.
- You acknowledge that Betmix has the right to debit from Your Account the cost of any information products purchased by You.
- You acknowledge that Betmix reserves the right to report unusual or suspicious activity to the proper authorities.
- When placing Wagers on races taking place at tracks in Canada, you hereby consent to Betmix’s recording of all Account transactions and calls and the monitoring of the said transactions and calls by the Canadian Pari-Mutuel Association (CPMA). The CPMA can be contacted respecting any regulatory concerns to your account by calling toll free at 1-800-268-8835.
- WAGERING SERVICES
Betmix reserves the right, at its sole discretion and without prior notice, to discontinue, deny or alter services offered without creating any obligation or liability to You. Further, Betmix reserves the right to refuse or void or cancel Wagers where such Wagers have been placed on the basis of erroneous data. In the event Betmix voids or cancels any particular Wager, Betmix shall promptly credit the applicable Account the amount of the Wager. Additionally, Betmix has measures in place to prevent negative breakage wagers as it relates to SHOW pools.
Betmix reserves the right, at its sole discretion, to terminate and close an Account for whatever reason and without explanation. In the event an Account is terminated and closed, Betmix shall return the balance of any funds in Your Account at the time of termination and closure, together with a closing Account statement.
Betmix reserves the right to deactivate Your Account if there is no wagering activity for 6 consecutive months or, in the event that an inactive Account has funds on deposit, to assess a US$2.00 per month account maintenance service charge until the account is no longer inactive or the balance reaches zero. In the event the balance of any funds in Your Account at the time of termination and closure is less than US$2.00, the balance will not be credited to You and will be retained by Betmix as an Account termination processing fee.
In the event multiple "official" prices are posted by the racetracks (as a result of miscalculation of payoffs by the track, an error by the state judges, or any other reason), Betmix will ascertain the final "official" prices from the racetrack and will make any adjustment to its account holders’ accounts necessary to correct any incorrect debits or credits made to the account holders’ accounts as a result of receiving the non-final "official" prices.
- ACCEPTANCE OF INTERNET WAGER
- ACCEPTANCE OF TELEPHONE WAGER
You acknowledge that Betmix shall not be deemed to have accepted any Wager until you hear Your Wager read back to you by the teller or automated voice system and has been accepted by You and confirmed by the system. Any communications between You and Betmix, prior to receipt of confirmation of Your Wager, are merely offers to wager. Wagers may be cancelled by you after a Notice of Confirmation has been issued by Betmix; however Betmix reserves the right to limit the number and the amount of cancellations that you can perform. Betmix will be held harmless in the event that, due to any reason, a wager fails to be cancelled.
- MOBILE WAGERING
You are responsible for any telecommunication network costs associated with Your use of this website/app. Please contact your telecommunication network provider for further details.
- DEPOSITS AND WITHDRAWALS
There is no charge for opening an account with Betmix; however under Oregon regulations a minimum initial deposit of US$10 is required, with exception of Massachusetts, which requires an initial deposit of US$25.
You will not be permitted, under any circumstances, to establish a negative balance or overdraft in your Account. A deposit of money to your Account can only be made by you. Pre-registered credit cards will enable you to make deposits to your Account over the Internet. No direct credit card pari-mutuel wagering is permitted. In the event that credit card, electronic transfers or check transactions (including ACH) are returned from your bank unpaid, we reserve the right to remove these pre-deposited funds from your Account or other forms of payment you have previously present to Betmix for payment or use for other deposits. All returned items, whether ACH from a checking or savings account, or a physical check or credit card cash advances, are subject to an immediate US$25.00 returned item charge, and are subject to collections efforts or proceedings.
Betmix reserves the right to charge a maintenance fee on all deposits. The current maintenance fee is US$5 per transaction. This fee will be added to the amount of the deposit. This fee may be waived or reinstated at the discretion of Betmix.
- PAYMENT TERMS
You may deposit funds into your Account in Canadian or U.S. currency. Canadian funds deposited into your Account will remain in Canadian funds; for wagers that are placed on races taking place at tracks located in Canada, no currency exchange will take place, but for wagers placed on U.S. tracks, the value of each such Wager for the purposes of calculating the deductions and pay-out prices under applicable regulations shall be determined by converting the Wager from Canadian dollars into U.S. dollars at the rate of exchange between the Canadian dollar and the U.S. dollar as quoted by [the Bank of Canada] at noon on the day immediately preceding the day on which the post time of the first race of the racing card is scheduled. You must withdraw funds from your Account in the same currency as the currency used for the deposit. You are responsible for the payment of all applicable sales, use, gaming or other taxes for products, services, or Wagers purchased or placed. In offering account wagering services, Betmix complies with Internal Revenue Service (IRS) requirements for reporting and withholding proceeds from Wagers placed by account holders residing in the U.S. Pursuant to these reporting requirements, you agree to indemnify and hold harmless Betmix for any claims, demands, liens or judgments based on non-payment of underpayment of such U.S. taxes. You hereby grant to Betmix a priority lien and security interest in all of your right, title and interest in and to the proceeds of any Wager to the extent required to satisfy any U.S. taxing authority claims or liens. You agree to file any financing statements or other appropriate document with the relevant governmental authorities to assure the validity, priority and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any Wager to any third party without prior the written consent of Betmix.
Users who have a Password allowing access to specific individual wagering accounts shall not disclose, transmit, post, give away or otherwise share the Password with any non-authorized party or use the Password for any unauthorized purpose. User agrees to notify Betmix immediately of any unauthorized use of a Password, registration profile, or any other breach of a wagering account's security.
- DISCLAIMER & LIMITATION OF LIABILITY
ALL PRODUCTS AND SERVICES PURCHASED ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE GAMING ESTABLISHMENTS, DISTRIBUTORS AND SUPPLIERS. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BETMIX DISCLAIMS ALL WARRANTIES OR AFFIRMATIONS OF FACT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO PRODUCTS OR SERVICES PURCHASED. BETMIX DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS. BETMIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION. BETMIX, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT AND WHETHER BETMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. BETMIX DISCLAIMS ANY LIABILITY FOR MISUSE OR ABUSE OF GAMING SERVICES OR NON-COMPLIANCE WITH LEGISLATION (AS DEFINED ABOVE). BETMIX MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, 15 U.S.C. ßß2301-2312 OR THE CONSUMER PROTECTION ACT, S.O. 2002, c. 30, SCHED. A, OR SIMILAR CONSUMER PROTECTION LEGISLATION OF ANY OTHER JURISDICTION. THIS DISCLAIMER APPLIES TO BETMIX SUBCONTRACTORS.
Because certain jurisdictions to which the Terms of Wagering may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason, then the maximum liability of Betmix for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or US$100.00, whichever is less.
- Force Majeure
Betmix shall not be liable for any delay in or impairment of performance resulting in whole or in part from externally caused interference, damage or disruption to network components, transmission or pipeline facilities (which includes network, electrical or other common systems); irreparable component, transmission or pipeline failure (the failure or interruption of pipeline facilities); acts of God; severe weather conditions; governmental decrees or controls; strikes, labor disputes, acts of war or civil unrest; acts of third parties, inability to ship product or obtain permits and licenses, supplies or raw materials or any other circumstances or causes beyond the reasonable commercial control of Betmix.
- Complete Agreement
The Terms and Conditions, the Terms of Wagering are incorporated herein by reference and collectively constitute the entire agreement between you and Betmix regarding the subject matter hereof, subject to applicable law.
In the event any one or more of the provisions of the Terms of Wagering are for any reason to be invalid or unenforceable, the remaining provisions of such Terms of Wagering shall be unimpaired, and the invalid or unenforceable provision shall be replaced by a provision which being valid and enforceable, comes closest to the intention of the parties underlying the invalid or unenforceable provision(s).
- Independent Contractors
You and Betmix are independent contractors for all purposes and neither party shall act as or hold itself out as agent for the other nor create or attempt to create liabilities for the other party.
- Tax Reporting and Withholding
Wagering resulting in winnings of US$600.00 or more by a User who is a U.S. resident will be reported to the Internal Revenue Service if the amount of winnings is at least 300 times the original amount wagered. Winnings over US$5,000.00 by a User who is a U.S. resident are subject to both reporting and withholding if the amount of winnings is at least 300 times the original amount wagered. Additionally, residents of Illinois are subject to state withholding of 4.95% on winnings of $5,000 or greater from horse and dog racing. Payments of winnings of $5,000 or greater are subject to Illinois withholding, notwithstanding that higher dollar thresholds for federal withholding may be provided. When required Betmix will report and withhold winnings. A Form W2-G will be sent to the U.S. resident User summarizing such activity.
- Choice of Law and Forum: No Modifications
The Terms of Wagering are governed by the State of Maryland, without giving effect to its conflict of law principles, save and except for residents of Canada. Except for residents of the State of Washington and residents of Canada, jurisdiction and venue for any claim arising under the Terms of Wagering shall lie exclusively with the state or federal courts sitting in the State of Maryland. You waive any and all objections to such jurisdiction and venue and waive personal service of process and agree that any summons and complaint commencing an action in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to the Terms of Wagering shall be tried by a court and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT.
No changes to the Terms of Wagering shall be made except by a revised posting on the website/app or directly mailed or otherwise communicated to you. At the option of Betmix, disputes between you and Betmix shall be resolved by an arbitration panel sitting in the State of Maryland in accordance with the rules of the American Arbitration Association and any award rendered by such an arbitration proceeding may be entered in any court of competent jurisdiction thereof. The remedies provided in the Terms of Wagering for breach thereof by Betmix or by you shall constitute the sole and exclusive remedies to the aggrieved party and any and all such remedies which might otherwise be available under the law of any jurisdiction are hereby expressly waived by both Betmix and you.
- Theft and Fraudulent Activity
If You are a resident of Canada, jurisdiction and venue for any claim you may have arising under the Terms of Wagering shall lie exclusively with the Alberta Court of Queen’s Bench sitting in the City of Calgary. You waive any and all objections to such jurisdiction and venue and waive personal service of process and agree that any summons and complaint commencing an action in the Alberta Court of Queen’s Bench sitting in the City of Calgary shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to the Terms of Wagering shall be tried by a judge and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT.
At the option of Betmix, disputes between Betmix and a User who is a resident of Canada shall be resolved by an arbitration panel sitting in the Province of Alberta in accordance with the Uncitral model law on international commercial arbitration set out in the International Commercial Arbitration Act, R.S.O. 1990, c. I-9, and any award rendered by such an arbitration proceeding may be entered in any court of competent jurisdiction thereof. The remedies provided in the Terms of Wagering for breach thereof by Betmix or by you shall constitute the sole and exclusive remedies to the aggrieved party and any and all such remedies which might otherwise be available under the law of any jurisdiction are hereby expressly waived by both Betmix and you.
Betmix will report any activities that we reasonably believe constitute fraud or theft to the appropriate law enforcement authorities and may prosecute such activities to the full extent of the law. To the extent permitted by law, Betmix will retain the proceeds resulting from such fraudulent activity or theft and use those funds to pay for damages and losses resulting from such fraudulent activity or theft.
General and specific inquiries regarding Terms of Wagering should be directed to: email@example.com.