THE EASY & SMART WAY TO BET

1/ST BET

TERMS AND CONDITIONS

TERMS OF USE

The Oregon Racing Commission has approved the 1/ST BET 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 BET is managed by Xpressbet, LLC (“Xpressbet”). Xpressbet 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 BET and Xpressbet 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, 1/ST BET 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 1/ST BET is not responsible for its use or misuse. 1/ST BET 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. 1/ST BET makes no commitment to, and specifically disclaims any duty to, update or correct any such information. 1/ST BET shall not be liable for damages of any kind arising out of or in connection with the use of this website/app.

1/ST BET 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.

COPYRIGHT

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 1/ST BET.1/ST BET 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 1/ST BET’s sole and absolute discretion. The contents of this website/app may not be copied or displayed for commercial purposes without our written consent.1/ST BET 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.

TRADEMARKS

The trademarks, trade names, service marks, and corporate logos and emblems displayed on this website/app, including names and logos identifying 1/ST BET, and any of their affiliates (each, a “1/ST BET Trademark”) are owned by 1/ST BET or an affiliate, respectively. No 1/ST BET Trademark may be used without prior written permission from the owner of the 1/ST BET 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 1/ST BET.

PRIVACY STATEMENT

1/ST BET’s Privacy Statement also applies to your use of this website/app and is incorporated herein by this reference.

CONFIDENTIALITY

Unless 1/st Bet has entered into a separate agreement with you or your company to the contrary, and subject to various state laws, 1/ST BET is under no obligation to protect or otherwise treat as confidential any information you submit to 1/ST BET via this website/app. By submitting any information to 1/ST BET via this website/app, you agree that such information shall become the property of 1/ST BET and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as 1/ST BET 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 1/ST BET, or its affiliates or subsidiaries relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract. or breach of confidentiality.

1/ST BET, subject to various state laws, may collect and sell to third parties your non-identifying personal information.

LINKS TO THIRD PARTY WEBSITES

1/ST BET does not control and is therefore not responsible for the content of any non- 1/ST BET website you may gain access to through this website/app. Links to non- 1/ST BET websites are provided only as a convenience and do not imply that 1/ST BET endorses, verifies, monitors, or accepts any responsibility for the content of any such website. 1/ST BET makes no representations about, and is not responsible for, the contents or use of such other websites. You acknowledge and agree that 1/ST BET 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- 1/ST BET website.

TERMS OF WAGERING FOR ALL USERS PLACING WAGERS

The placing of wagers ("Wagers") and the use of the pari-mutuel account established by you with 1/ST BET for Internet account wagering (the "Account") by you on or via this website/app is subject to your unconditional acceptance of the Terms of Use and these terms and conditions of wagering ("Terms of Wagering"), which are set forth below, without modification, and is subject to all applicable laws, statutes, ordinances and regulations.

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 1/ST BET 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.

  1. 1. AGREEMENT - By opening an Account with 1/ST BET, you certify that:
    1. 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 1/ST BET.
    2. You have read and agree to the terms and conditions set out in the Account Application.
    3. You authorize 1/ST BET to accept, and you agree to be responsible for, all instructions sent to 1/ST BET or to our totalizator system, by such means as are made available by 1/ST BET, when accompanied by Your Account Number and personal identification number ("PIN") and/or password ("Password").
    4. You hereby consent to the recording of all Account transactions including any calls made to our 1/ST BET Business Office.
    5. 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.
    6. 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 1/ST BET 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 1/ST BET 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.
    7. 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.
    8. You acknowledge that 1/ST BET 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.
    9. You acknowledge that 1/ST BET has the right to debit from Your Account the cost of any information products purchased by You.
    10. You acknowledge that 1/ST BET reserves the right to report unusual or suspicious activity to the proper authorities. Additionally, You acknowledge that 1/ST BET will comply with any and all regulatory and / or legal investigations, and that 1/ST BET may do so with or without providing You notice regarding said investigation(s).
  • 2. WAGERING SERVICES
  • 1/ST BET 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, 1/ST BET 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 1/ST BET voids or cancels any particular Wager, 1/ST BET shall promptly credit the applicable Account the amount of the Wager. Additionally, 1/ST BET has measures in place to prevent negative breakage wagers as it relates to SHOW pools.

    1/ST BET 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, 1/ST BET shall return the balance of any funds in Your Account at the time of termination and closure, together with a closing Account statement.

    1/ST BET 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 earlier of the date the account is no longer inactive or the balance reaches zero. Residents of Minnesota are exempt from the account maintenance service charge. New York residents that have an account balance older than 36 months shall be treated as abandoned property pursuant to section 300 of the Abandoned Property Law, as prescribed by Racing, Pari-Mutuel Wagering and Breeding Law section 1012(11). With the exceptions of residents of NY and MN, 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 1/ST BET 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), 1/ST BET 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.
  • 3. ACCEPTANCE OF INTERNET WAGER
  • You acknowledge that 1/ST BET shall not be deemed to have accepted any Wager until it has issued to You an electronic response which will contain a valid transaction reference number and the words "Bet Accepted" ("Notice of Confirmation"). Any communications between You and 1/ST BET, prior to receipt of the Notice of Confirmation, are merely offers to Wager through our website/app, which offers are deemed accepted only after 1/ST BET issues to You a Notice of Confirmation, which shall be conditioned upon Your acceptance of the Terms of Wagering and the Terms of Use as set forth herein and in the Notice of Confirmation. Wagers may be cancelled by You after a Notice of Confirmation has been issued by 1/ST BET; however 1/ST BET reserves the right to limit the number and the amount of cancellations that You can perform. 1/ST BET will be held harmless in the event that, due to any reason, a wager fails to be cancelled.
  • 4. ACCEPTANCE OF TELEPHONE WAGER
  • You acknowledge that 1/ST BET 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 1/ST BET, 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 1/ST BET; however 1/ST BET reserves the right to limit the number and the amount of cancellations that you can perform. 1/ST BET will be held harmless in the event that, due to any reason, a wager fails to be cancelled.
  • 5. 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.
  • 6. DEPOSITS AND WITHDRAWALS
  • There is no charge for opening an account with 1/ST BET; 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 1/ST BET 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.

    1/ST BET 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 1/ST BET.
  • 7. PAYMENT TERMS
  • You may deposit funds into your Account in U.S. currency. 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, 1/ST BET 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 1/ST BET for any claims, demands, liens or judgments based on non-payment of underpayment of such U.S. taxes. You hereby grant to 1/ST BET 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 the prior written consent of 1/ST BET.
  • 8. PASSWORDS
  • 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 1/ST BET immediately of any unauthorized use of a Password, registration profile, or any other breach of a wagering account's security.
  • 9. INDEMNIFICATION
  • You agree to indemnify and hold harmless 1/ST BET, its suppliers, distributors, subcontractors and its affiliates and related entities and their respective directors, officers, employees and agents, from and against all claims, losses, damages, liabilities and costs (included but not limited to reasonable attorneys' fees and court costs), arising out of or relating to Your breach of the Terms of Wagering, Terms of Use or misuse of this website/app. The foregoing indemnification obligation shall survive termination of the Terms of Wagering, Terms of Use, this we site/app and your purchase of any product or service provided to you.
  • 10. 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, 1/ST BET 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. 1/ST BET DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS. 1/ST BET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION. 1/ST BET, 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 1/ST BET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. 1/ST BET DISCLAIMS ANY LIABILITY FOR MISUSE OR ABUSE OF GAMING SERVICES OR NON-COMPLIANCE WITH LEGISLATION (AS DEFINED ABOVE). 1/ST BET 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 1/ST BET 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 1/ST BET 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.
  1. 11. MISCELLANEOUS
  1. Force Majeure
    1/ST BET 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 1/ST BET.
  2. Complete Agreement
    The Terms and Conditions, the Terms of Wagering are incorporated herein by reference and collectively constitute the entire agreement between you and 1/ST BET regarding the subject matter hereof, subject to applicable law.
  3. Severability
    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).
  4. Independent Contractors
    You and 1/ST BET 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.
  5. 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 1/ST BET will report and withhold winnings. A Form W2-G will be sent to the U.S. resident User summarizing such activity.
  6. Choice of Law and Forum: No Modifications
    The Terms of Wagering are governed by the State of Oregon, without giving effect to its conflict of law principles. Except for residents of the State of Washington, 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 Oregon. 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 1/ST BET, disputes between you and 1/ST BET shall be resolved by an arbitration panel sitting in the State of Oregon 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 1/ST BET 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 1/ST BET and you.
  7. Theft and Fraudulent Activity
    The remedies provided in the Terms of Wagering for breach thereof by 1/ST BET 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 1/ST BET and you.

    1/ST BET 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, 1/ST BET 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.

CONTACTING US

General and specific inquiries regarding Terms of Wagering should be directed to: customerservice@xpressbet.com