IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THE AGREEMENT AS DEFINED BELOW. PLEASE PRINT OUT A COPY OF THE AGREEMENT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME AS SET OUT BELOW. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE AGREEMENT WITHOUT MODIFICATION. IF YOU DO NOT ACCEPT THE AGREEMENT WITHOUT MODIFICATION, DO NOT ACCEPT THESE TERMS OF SERVICE AND DO NOT ACCESS OR USE THE SERVICES AS DEFINED BELOW. IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS AND CONDITIONS, PLEASE SEEK INDEPENDENT LEGAL COUNSEL BEFORE ACCEPTING THE AGREEMENT OR ACCESSING OR USING THE SERVICES.
1.AGREEMENT BETWEEN USER (“you” or “User”) AND PLAYUP INTERACTIVE INC. AND ITS SUBSIDIARIES (collectively, “the Company”)
These Terms and Conditions (“Terms” or “Agreement”) apply to the Company’s (1) Ohio online gaming websites, (2) the Ohio online mobile gaming apps, and (3) any other online or mobile platform provided by the Company (“Platforms”) on which you access the Company’s betting, gaming, and wagering services (“the Services”).
2.MODIFICATION OF THESE TERMS
You fully understand and agree to be bound by these Terms and as modified or amended by the Company from time to time. The Company may amend these Terms at any time notifying you of the new terms or by publishing the modified Agreement on the relevant page of the Platforms or any other place through which you access the Services. Any modification will take effect immediately once accepted by you. User’s continued use of the Services following notification constitutes binding acceptance of any modifications.
3.DESCRIPTION OF COMPANY’S SERVICES
The Company is licensed by the Ohio Casino Control Commission (“OCCC”) as a Mobile Management Services Provider through its agreement with JACK Cleveland Casino, LLC. As a Mobile Management Service Provider, the Company offers real-money sports wagering and other information, including, but not limited to, fixed odds sports betting propositions, account wagering, daily and weekly fantasy sports wagering propositions, promotions, contests, odds, lines, news, data, graphics, text, and other information (“Content”). After creating an account with the Company and agreeing to the Terms and Rules, you can access the Services through the use of the Company’s Platforms in accordance with the Terms.
Legal age, within Ohio/wire act
Use of the Services is at your sole option, discretion, and risk. Use of the Services requires your compliance with all applicable state and federal law and regulations. By accepting the Terms, you acknowledge that it is your responsibility to ensure your compliance with all laws governing your use of the Services. The Company is unable to provide you with any legal advice or assurances.
4.1 Use of Services Restricted to Persons 21 Years of Age or Older
Persons under the age of 21 years old are strictly prohibited from using the Services. You fully understand that underage gambling is illegal and that allowing a person who is under the age of 21 to participate in online or mobile gambling is a criminal offense. By using the Services, you certify that you are at least 21 years of age. Persons under the age of 21years old found to be using the Services and any person who facilitates that use will be reported to the appropriate authorities. All accounts associated with underage use of the Services will be terminated in accordance with Section 7.3 below.
The Company reserves the right to request additional information to verify your age and may restrict and or suspend your account until the Company has satisfactorily confirmed your age.
The Company does not market or advertise its Services to persons under the age of 21. Persons under the age of 21 years old are prohibited from accessing or attempting to access the Services and Content, and may not submit information to the Platforms, purchase any goods or services from the Company, or establish an account.
4.2 Use of Services Restricted to Persons Physically Located in Ohio
The OCCC restricts the use of internet and mobile gambling to persons physically located within the State of Ohio. It is a federal offense for persons physically located outside of Ohio to engage in mobile wagering through the Platforms. By accessing the Platforms or using or attempting to use the Services, you represent to the Company that you are physically located in the state of Ohio. The Company uses third-party geolocation services to verify your physical location as further described in Section 6.2 below. The Company may at any time require further evidence of your physical location while using the Services.
4.3 Legal Compliance Requirement
You agree that you will comply with all applicable local, state, federal, and international laws when using the Services or accessing the Platforms. By accessing the Platforms or using or attempting to use the Services, you represent to the Company that you are a United States citizen, over 21 years of age, physically located in the state of Ohio during all wagering activity, and consent to the monitoring and recording of your geographic location information.
You will need to register for an account with the Company in order to access and use the Services. You can register an account with the Company by following the account creation procedures on the Platforms as further described below. The Company will verify the information you supply during the process before granting you full access to the Services. Allowing another person access to your account is strictly prohibited.
5.1 Account Creation and Security
To register an account with the Company, you must provide the Company with true and accurate information, including, but not limited to, your name, physical address, email address, gender, date of birth, telephone number, and social security number. You agree to provide the Company with any updates to the information provided at registration at all times. By using the services, you represent to the Company that all information associated with your account is true, accurate, current, and complete. The Company reserves the right to refuse or limit your access to the Services and suspend or terminate your account without notice if the Company has reasonable suspicion that the information you provide is untrue, inaccurate, or incomplete.
To register an account with the Company, you must create a unique username associated with that account and a password (“Login Credentials”). You are responsible for maintaining the confidentiality of your Login Credentials and for restricting others access to your account. You agree to take all reasonable steps to prevent the disclosure of your Login Credentials to any other person and accept full responsibility for all activity and transactions associated with your account, whether or not you authorized such activity and transactions. You further agree to logout of your account after each use of the Services and immediately notify the Company of any unauthorized use of your account or other security breach. The Company is not liable for any damages arising from your failure to comply with this section.
You may not hold more than one (1) account in connection with your use of the Platforms. If you open multiple accounts, the Company reserves the right to close your accounts. If the Company has reasonable grounds to believe you created multiple accounts for fraudulent purposes, the Company reserves the right to cancel any transactions related to the suspected fraud attempt.
Contact customer support if you lose or forget your Login Credentials.
5.2 Identity Verification
The Company must verify your identity before granting your account access to the Services. The name and information provided when registering an account with the Company must match your true and legal name and identity. Furthermore, the name and information provided when registering an account with the Company must also match the name on any payment accounts used to deposit or receive account funds.
The Company reserves the right to request satisfactory proof of your identity and address, including, but not limited to, copies of a valid passport or identification card, payment cards used, utility bills, and bank statements. You consent to the Company’s verification of your identity.
5.3 Account Funding and Transactions
No set-up fees or charges are required to register an account with the Company. An account balance is required to use the Services to place bets. All payments to and from your account must be in U.S. dollars and from a payment source for which you are the named account holder. The Company is not a bank and account funds are not insured by any government agency. Funds deposited in your account shall not bear interest.
You may fund your account through a deposit account, a credit or debit card registered and verified pursuant to the issuer’s requirements, an automated clearing house (ACH), an Electronic Bank Transfer, a prepaid card, a verified reloadable and non-transferable prepaid card, Skrill, Paysafe, complimentaries, bonus and promotional credits, winnings from use of the Services, account adjustments made by the Company with documented notification to you, and any other means approved by the OCCC.
Funds are deposited into your account upon actual receipt by the Company. The Company may apply minimum and maximum limits to your account payments subject to your account history, the method of deposit, and other factors as determined by the Company.
You can request withdrawals from your account at any time provided that all payments have been received by the Company. Bonus and promotional credits cannot be withdrawn at any time. Withdrawal requests are subject to a satisfactory security review and approval by the Company and some may be subject to additional review by the Company. Withdrawals are processed by the Company at least twice per day. Payments will be made by the Company as soon as possible, subject to a processing time of three (3) to four (4) business days.
The Company will provide you with a statement detailing the activity on your account. The Company is required to maintain records of all wagering transactions and no wagers are accepted if the recording system is not operational. Your wager confirmation is deemed the transaction of record for all wagers. The Company will process all wagers made using the Services and deduct the wager amount from your account balance.
Your account balance is equal to the amount of real money held in your account plus any winnings accrued from using the Services, less any losses accrued from using the Services, previously withdrawn amounts, amounts from transactions rejected or cancelled by your bank, or any other sums deductible or forfeited under this Agreement. The Company may report and withhold any amount of your account balance in order to comply with applicable laws. Account balances cannot be transferred. You are responsible for paying all taxes due in connection with any winnings accrued from using the Services.
5.4 Unauthorized Persons
Certain persons are not permitted to establish an account with the Company, or to use, access, or attempt to access the Services.
“Unauthorized Persons” includes anyone on the OCCC exclusion list created under Section 3772.031 of the Ohio Revised Code, enrolled in the Ohio Voluntary Exclusion Program (“VEP”), whose participation may undermine the integrity of the wagering on a sporting event, anyone who is an employee of the Company or its vendors, government officials or residents of certain embargoed countries, and persons whose names are included on a U.S. government list of prohibited or restricted parties.
Except as required in the course of their employment, Unauthorized Persons are not permitted to establish an account with the Company, or to use, access, or attempt to access the Platforms and Services.
6.USE OF THE SERVICES
The Company requires you to adhere to the Terms, Rules, and any other legal requirements while using the Services. The Company reserves the right to suspend, modify, remove, or add to any of the Services in its sole discretion and with immediate effect if such modification does not affect pending play on the Services. Your use of the Services is subject to the provisions below.
6.1 License to Use the Services
The Company grants you a personal, non-exclusive, non-transferable, and revocable license to use the Services for personal use on a computer or wireless device. The Company reserves the right to suspend your use of the Services at any time and for any reason. Your use of the Services is solely for your personal, entertainment use on a single device. You may ot use the Services or any content contained therein for any commercial purpose, nor may you copy, decompile, reverse engineer, disassemble, attempt to derive source code of, modify, or credit derivative works of the Services or Platforms, or any parts thereof.
You are solely liable for any damages, costs, or expenses arising out of or in connection with unauthorized use of the Services. You further agree to notify the Company immediately if you become aware of any person’s unauthorized use of the Services.
The license remains in effect until your ability to use the Services is terminated by you or the Company. Your rights to the license terminate automatically and without notice if you fail to comply with the Agreement or any local, state, or federal law applicable to your use of the Services.
6.2 Location Verification
The device you use to access or use the Services must provide the Company with GPS and other location information associated with the device. You agree to allow the Company access to your device’s location information and consent to the verification of your device’s physical location. You acknowledge that you will not be permitted to use the Services if your device’s location is not confirmed by the Company. If the Company or its third-party service providers are unable to verify your location for any reason, you may be prevented from accessing or using the Services. The Company is not liable for your inability to access or use the Services. You acknowledge that any attempts to disguise your location or circumvent location tracking may lead to the suspension or termination of your account.
6.3 Promotional Offerings
The Company may offer you complimentary, bonus, or promotional amounts to be credited to your account (“Bonuses”). Bonuses may only be used in relation to the Services and acceptance of any Bonus is subject to and in accordance with any additional terms and conditions. Bonuses may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts from your account.
6.4 Prohibited Conduct
The Company does not tolerate any inappropriate play or fraudulent activity. You are forbidden from engaging in unfair practices while using the Services, including fraud, cheating, collusion, unlawful or improper activity, and the use of any software or equivalent mechanism that enables you to have an unfair advantage over other players. If the Company determines you have engaged in prohibited conduct, including, but not limited to, cheating, attempts to defraud the Company or another user of the Services, engaging in wagering manipulation, payment fraud, currency manipulation, and prohibited transactions, or betting on all possible outcomes of an event, the Company may terminate your account and recover debts using any method lawfully available to it. The Company reserves the right to void or withhold any winnings made by a person or group of persons if it has reasonable grounds to believe that the person or group of persons has engaged in prohibited conduct.
You are further prohibited from accessing the Services and Platforms for any illegal purpose or in violation of any local, state federal or international law, impersonating any person or entity, falsely claim association with any person or entity, access another person’s account with the Company, sell, transfer, or allow another person to access your account with the Company, use or access your account with the Company in a manner inconsistent with the Agreement or while not physically located in the state of Ohio.
You represent that you will not, nor will you allow or assist others to, remove, circumvent, disable, damage, override, or otherwise interfere with any features of the Platforms or Service or attempt to do such. This includes the dissemination of propagating viruses, works, trojans, logic bombs, or other harmful code. You further agree that you will not gain or attempt to gain access to any of the Company’s materials, accounts, computer systems, or networks, or any part thereof, through hacking, password mining, or any other means. The use of a robot, spider, scraper, or other automated means to access the Services is strictly prohibited without the advanced written permission of the Company. You represent that you will not interfere with, overload, flood, crash, or disrupt the Services in any manner. You are prohibited from corrupting the Platforms or Services, tampering, removing, or otherwise altering any information included in the Services, or gaining or attempting to gain unauthorized access to the Services, the servers on which the Services are stored, any server, computer, or database connected to or necessary to operate and deliver the Services.
You must inform the Company immediately upon becoming aware of any errors regarding your account or calculation with respect to any bet or wager you have placed. In the event of such error or other divergence from the normal functioning of the Services resulting in incorrect odds calculation, charges, fees, Bonuses, or payouts, the Company will immediately attempt to place all parties affected by the error in the position they were in prior to the error’s occurrence. The Company reserves the right to declare any bets or wagers subject to the error as null and void, and to take any money from your account related to those bets or wagers. If there are insufficient funds in your account, the Company may demand that you pay it the relevant outstanding amount related to those bets or wagers. If the Company determines you have used an error to gain an unfair advantage, it reserves the right to suspend or terminate your account.
7.ACCOUNT CLOSURES AND SUSPENSIONS
You and the Company are entitled to close or limit access to your account according to the methods and requirements described below.
7.1 Company’s Right to Refuse, Suspend, Modify, or Terminate Use of the Services
The Company reserves the right to refuse any person access to the Services, suspend, or terminate your account for any reason. Termination includes the termination of your access to the Services, deleting all information, files, and content associated with your account, and barring you from further use of the Services. You agree that the Company may immediately terminate, limit, or suspend access to your account without notice. You agree that all terminations, suspensions, and limitations of access to your account are made at the Company’s sole discretion.
You agree the Company may terminate, limit, or suspend your access to the Services for any reason including, but not limited to, a breach of the Agreement or Rules, requests by law enforcement or other government agencies or regulatory bodies, unexpected technical or security issues, or suspected fraudulent payment.
7.2 Voluntary Account Suspensions and Deactivations
You are able to close your account and terminate the Agreement by withdrawing your entire account balance and providing seven (7) days’ notice to the Company via email or telephone. The Company will respond within a reasonable time. Please note you are responsible for all activity on your account until it is closed by the Company.
The Company is committed to responsible gaming. You may restrict your access to your account by deactivating your account for a set period of years or by setting a cool-off period. You may also enroll in the Ohio VEP to be restricted from placing wagers with, receiving promotional information from, or accessing any Ohio gambling services or facilities. For more information, see the Responsible Gaming Policy.
7.3 Effect of Account Suspensions, and Terminations
The Company reserves the right to suspend your access and withhold funds deposited into your account pending an investigation by the Company, law enforcement, or another government agency. You agree that, depending on the outcome of such investigations, funds may be forfeited to the applicable regulatory authority or government agency. Furthermore, in the case of fraudulent or suspected fraudulent activity, the Company reserves the right to reverse any payouts made, recover any winnings, and contact any applicable authorities or entities.
Your account is deemed “Inactive” if it has not been used to make a wager in the preceding twelve (12) month period. The Company will suspend your account if it is Inactive and notify you of such suspension. To reactivate your account, you must contact customer support. If your account remains Inactive for an additional twelve (12) months, it will be terminated by the Company and any remaining funds will be subject to forfeiture
If your account is terminated by the Company for a material breach of the Agreement, attempted or actual prohibited conduct, or as directed by law enforcement or another government agency, any Bonuses, payouts, and winnings remaining in your account are non-refundable and deemed forfeited.
8.THIRD-PARTY BUSINESS PARTNERS AND SERVICE PROVIDERS
The Company engages third-party business partners and service providers in its operation of the Services. Use of any products and services provided by third-party service providers is subject to any of the third-party’s applicable license terms. The Company also engages third-party business partners and may include links to these business partners’ websites. The Company provides such links as a convenience to you, and is not responsible or liable for any information, material, products, or services contained or accessible on linked websites. The Company is not responsible for any correspondence, business dealings, or promotions engaged in with these third-party business partners. Any use of access of third-party websites or services is subject to that third-party’s terms, conditions, and policies. You agree that the Company is not responsible or liable for any damages or loss connected with your use or reliance on any content, information, product, or services available on any third-party website. All access and use of third-party websites linked from the Platforms is undertaken solely at your own risk.
In you have any complaints, claims, or disputes regarding any alleged winnings or losses, the awarding or distribution of payouts, Bonuses, or other use of the Services, you must contact customer support to submit a complaint as soon as is practicable following the date of the initial transaction disputed. The Company will investigate the circumstances of your complaint and respond in accordance with the Patron Dispute Process described in the House Rules. If you are dissatisfied with the result of the Company’s investigation, pursuant to the Patron Dispute Procedures, you may escalate your complaint to the OCCC. You agree that if there is a discrepancy between the result shown on the Services on your device and the Company’s servers, the result shown on the Company’s servers shall govern.
10.OTHER TERMS AND CONDITIONS
The Company may provide you with notices including, but not limited to, text messages, email. Posting on the Platforms, or any other reasonable means. You may not receive certain notifications if you access the services in an unauthorized manner or otherwise violate the Agreement. You agreement to the Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered to you if you had accessed the Services in an authorized manner.
You agree that all intellectual property rights in the Company’s trademarks, trade names, service marks, logos, brand features, and product and service names are the sole property of the Company (“Company Marks”). You agree to not display, use, or reproduce any Company Marks. You agree that your use of the Services does not grant you any intellectual property rights in anything displayed on the Services owned by the Company or its third-party providers and partners.
The Company reserves all rights, title, and interest in the Services. The limited license granted under the Agreement is not a sale or copy of any rights in the Services. You may not transfer or attempt to transfer any rights, duties, or obligations except as expressly provided for in the Agreement. The Company reserves all right snot expressly granted under the Agreement.
The Company provides the use of the Services on an “as is” and “as available” basis and expressly disclaims all warranties of any kind relating to the Services. The Company is solely responsible for providing any maintenance and support services as specified in the Agreement or as required by applicable law. The Company may issue updated versions of the Services and may automatically update the version used on your device. In the event of a system or software failure, the Company will generate an incident report documenting the circumstances of the failure and restore data from its backup server. Account funds will be locked during any period of system failure. Any wagers placed prior to the system failure are valid and will be settled upon resolution of the system failure. The Company is not responsible or liable for any damages or loss resulting from delays or interruption in access to the Services caused by failure, breakdown, malfunction, interruption, or disconnection from the system.
11.LIMITATIONS AND EXCLUSIONS
You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and other partners from and against any claim or demand made by any third party related to your use of the Services, violation of the Agreement, or your infringement on any other person or entity’s rights. You agree that you will only use the Services in accordance with the Agreement and you will compensate the Company in full for any losses or costs, including reasonable attorneys’ fees, which the Company incurs as a result of your breach of the Agreement.
The Agreement and Services are governed by the laws of Ohio. You irrevocably agree to submit to the exclusive jurisdiction of Ohio for settlement of any disputes or matters arising out of the Agreement or its enforceability. If any part of the Agreement is found to be unenforceable in any respect, the remainder of the Agreement remains valid and enforceable. All provisions of the Agreement concerning liability limitation, disclaimers, and indemnification contained in the Agreement survive termination of the Agreement. A person who is not a party to the Agreement has no right to rely upon or enforce any portion of the Agreement except where provided for under local, state, or federal law.
THE COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICES WILL BE WITHOUT ERROR, INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING USE OF THE SERVICES AND THE AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS. NO ADVVICE OR INFORMATION YOU OBTAIN FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATIONS TO, SUSPENSIONS, OR DISCONTINUANCES OF THE SERVICES.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU ARE RESPNSIBLE FOR THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR DEVICE OR THAT YOU ALLEGE IS CAUSED BY OR RELATED TO THE SERVICES.
YOUR ACCESS TO THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION THE COMPANY MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES, ERRORS AS DESCRIBED IN SECTION 6.5, BUGS OR VIRUSES RESULTING IN LOST DATA, OR ANY OTHER DAMAGE TO YOUR DEVICE. FURTHERMORE, THE COMPANY SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY ANY UNAUTHORIZED OR UNINTENDED METHODS, MEANS, OR WAYS.
THE COMPANY IS NOT LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR CONNECTED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, DAMAGES FOR BUSINESS LOSSES, LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION AND BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY OR CONSEQUENTIAL LOSS ARISING OUT OF THE AGREEMENT OR YOUR USE OF THE SERVICES.
THE COMPANY IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ACTS, ERRORS, OR OMMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, PAYMENT PROCESSOR, FINANCIAL INSTITUTION, OR OTHER THIRD PARTY YOU USE TO GAIN ACCESS TO THE SERVICES, RECEIVE FUNDS FROM THE COMPANY, OR OBTAIN PAYMENT PROCESSING OR OTHER SERVICES.
THE SERVICES ARE INTENDED ONLY FOR PERSONAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY SYSTEM, IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR IN ANY OTHER WAY WHICH THE FAILURE OR INACCURACY OF THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE SERVICES AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.