This Terms of Service document (“TOS”) sets out the terms on which Lineup Confidence, LLC d/b/a Parlay (“Parlay”, “we”, and “us”) offers you access to and use of our sites, services, applications, mobile applications, and tools (collectively, “Services”). The terms “you” and “users” encompass all users. This document describes both your rights and your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these terms. By accepting this TOS or accessing, downloading, installing, or using the Service, you agree to be bound by this TOS (including the Privacy Policy, which is incorporated here by reference). If you do not agree to be bound by the TOS, do not access or use the Service.

These Terms of Service contain a binding arbitration clause and class action waiver that impact your rights about you to resolve disputes. Please read this information carefully.

Parlay retains all rights, title, and interest in the Services and all proprietary rights in the Services, including copyrights, patents, trademarks, and trade secret rights.

INTRODUCTION

Parlay ToS Preamble:

Parlay is a social app built for entertainment. By alerting users to upcoming games or matches between their favorite teams and friends’ favorite teams, Parlay encourages friends to communicate and connect through sports. Users can make peer-to-peer “bets” with friends on the outcome of sports games (“social games”). Users can wager non-monetary “prizes” like a digital high-five; some U.S. users may be eligible to make or accept small monetary wagers (“friendly wager”) under applicable social gaming laws.

Social games are purely peer-to-peer and Parlay does not participate in nor take any cut, share, or percentage of any friendly wager. Participation in friendly wagers is purely voluntary and users must affirmatively agree to participate in each friendly wager. Because the point of Parlay is communicating with friends, Parlay sets a daily cap on eligible users’ friendly wagers to keep it fun and social (because going broke is not fun or social). If you are looking for high stakes sports betting, please look elsewhere (like Vegas).

Parlay relies on users to provide true and accurate information about themselves, including but not limited to their age, location, and U.S. residence. If you lie or otherwise misuse Parlay, we will have to block your account and we don’t want to do that.

Parlay may not be used in connection with any form of illicit or unlawful gambling or wagering. Users are responsible for compliance with all federal, state, or local laws and Parlay takes no position or responsibility regarding your compliance with applicable law. If we discover you are using Parlay for an improper or unlawful purpose or are otherwise misusing Parlay, we will terminate your account and take further action as may be required by applicable law.

APPROPRIATE USE

Parlay is intended for entertainment purposes by adult individuals.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Parlay. By way of example, and not as a limitation, you agree not to use the Services:

• To abuse, harass, threaten, impersonate, or intimidate any person;

• For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;

• To create multiple accounts for the purpose of avoiding these Terms of Service, including limitations on appropriate use;

• To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Parlay user, or to create or transmit unwanted ‘spam’ to any person or any URL;

• To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

Subject to your complete and ongoing compliance with these TOS, Parlay grants you limited, non-transferrable, non-sublicensable, revocable permission to access and use the Services for your individual personal use and entertainment. The Service may not be used for any commercial purpose.

You are responsible for your conduct and communications with others while using the Services. You must comply with the following requirements when using Services:

• You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

• You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide.

• You may not circumvent or attempt to circumvent any limitations that we impose on your use or account (such as by opening up a new account or multiple accounts to circumvent limitations on Friendly Wagers or other violations of our TOS).

• Unless authorized by Parlay in writing, you may not probe, scan, or test the vulnerability of any Parlay system or network.

PARLAY IS FOR ENTERTAINMENT PURPOSES ONLY

Agreement to Participate in Social Game. Users with pre-existing social relationships may agree to participate in peer-to-peer predictions about the outcome of a sporting event, game, or match (“social game”). Users may agree to take some action for a predicted outcome, such as giving a user a digital “high-five” (“prize”). Some users may be eligible to make small monetary wager (“friendly wager”). Friendly wagers are purely voluntary and both users must affirmatively agree to participate in any friendly wager. Once a social game is offered and accepted, neither user may cancel it.

Social Gaming Results. Social Game results are based on the final statistics and scoring results at the completion of the sporting event on which the Social Game is based. Within twenty-four (24) hours of completion of the sporting event on which the Social Game is based, Parlay will update each user’s account and/or transfer funds as the user had previously directed. In the event of a tie, no user will win and no prize will be awarded or no monetary amount wagered will be exchanged.

Game Statistics and Live Scoring. To the extent we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the Application and related information sources are unofficial. ‘Live’ sports statistics and their respective components are offered for informational and/or entertainment purposes only. While Parlay and the third parties used to provide Services use reasonable efforts to include accurate and up-to-date information, neither Parlay nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Application and related information services. Parlay and its third party provides shall not be responsible or liability for the accuracy, usefulness, or availability of any information transmitted or made available via the Application and related information sources, and shall not be responsible or liable for any error(s) or omission(s) in that information.

Suspension or Cancellation of Social Game or Friendly Wager. Parlay reserves the right, in its sole discretion, to cancel or suspend any Social Game or Friendly Wager (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Social Game or Friendly Wager (or any portion thereof) warrant doing so. Notification of such changes may be provided by Parlay to participants but will not be required.

ELIGIBILITY FOR USE

You must be at least eighteen (18) years old and an individual to register for an account to use the Services. Eligibility to participate in friendly wagers is limited to individuals at least twenty-one (21) years of age or older who are physically located in certain U.S. States.

Account Set Up.

You agree to provide true, accurate, current, and complete information when registering to use the Services and establishing your account (“Registration Information”) and to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect your information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account, in our sole discretion.

You may establish only one account per person to participate in the Services. In the event Parlay discovers you have opened more than one account per person, in addition to any other rights Parlay may have, Parlay reserves the right to suspend or terminate any or all of your accounts and use of the Services.

It shall be a violation of these Terms of Service to allow any other person to use your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

By inputting a payment method for voluntary participation in a friendly wager, you agree you are the lawful owner of the payment method used. It shall be a violation of these Terms of Service to submit payment using any payment method that is not owned by you. Parlay reserves the right to immediately close your account if you have insufficient funds and/or any fee or deposit is charged back as a result of your participation in a friendly wager.

USER CONTENT

Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

By providing User Content to or via the Service, you grant Parlay a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

RIGHT TO REVIEW AND DELETE CONTENT

You acknowledge that Parlay may monitor, review, or inspect use of the Service, including any user communication. We reserve the right to modify, delete, prevent access to, or refuse to display content or communication we believe violates the law or these Terms of Service. Parlay has no obligation to monitor or review any use of the Service and/or user communication, and Parlay takes no responsibility for User Content.

PAYMENT TERMS – Friendly Wagers

Before accepting any deposit or making any payment, Parlay may require users complete and execute an affidavit of eligibility in which, among other things, the user is required to represent and warrant he or she is eligible to participate in a Friendly Wager, is otherwise in compliance with Parlay’s Terms of Service and, potentially, is required to provide documentation or proof of eligibility and compliance. If a user fails to provide any requested information, including any warranty of eligibility within seven (7) days of the request, or Parlay otherwise determines the user does not meet the eligibility requirements or is not in compliance with Parlay’s Terms of Service, Parlay reserves the right to suspend or preclude the user’s participation in Friendly Wagers; suspend, withhold or revoke any transaction associated with the account; and/or terminate the account. In such a situation, Parlay may return any wagered amount in a manner consistent with returning participating users to the status quo ante.

Funds deposited by users for use in Friendly Wagers are held in a separate, segregated bank account (the “Segregated Account”) held by Lineup Confidence, LLC. Withdrawals which will be made from this Segregated Account, and checks issued from the Segregated Account, may bear the names of Lineup Confidence, LLC. Vendors, users, participants, and creditors shall be aware that the funds in the Segregated Account are the property of users, and are not available to creditors of Parlay, except for users whose funds are held in such account.

User accounts shall be reconciled every twenty-four (24) hours at 5:00 a.m. Eastern Standard Time. At any time a user’s account balance exceeds $300, funds will be automatically disbursed to the user. Transactions related to a user’s participation in any Friendly Wager will appear on your statement as PARLAY.

Users who believe that funds held by or their accounts with Parlay have been misallocated, compromised or otherwise mishandled, may register a complaint with Parlay online by e-mailing support@parlayapp.com or in writing to Parlay at 1315 W St. NW Apt 740 Washington, DC 20009. Parlay shall use its best efforts to respond to such complaints within ten (10) business days. If Parlay determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for Parlay to process the complaint, the response will note the form and nature of the necessary additional information needed.

Users may request to withdraw funds from their account at any time. Requests for withdrawal will be honored by the later of five (5) business days or ten (10) business days of submission of any tax reporting paperwork required by law, unless Parlay believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put Parlay in violation of applicable law. A request for withdrawal will be considered honored if it is processed by Parlay but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Participants can also permanently close their account at any time for any reason by e-mailing support@parlayapp.com.

CHANGES TO SERVICE

Parlay reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Services, as well as any aspect pertaining to the use of the Services.

Parlay may add, alter, amend, or remove functionality from a Service at any time without prior notice. Parlay may also limit, suspend, or discontinue a Service at its discretion with or without notice.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, Parlay may, without prior notice, immediately revoke any or all of rights granted hereunder. In such event, you will immediately cease all access to and use of the Services. Parlay may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Services. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

CHANGES TO TERMS

Parlay may change this TOS at any time for a variety of reasons, such as to reflect changes in applicable law or updates to the Service, and to account for new Services or functionality. The most current version will always be available at www.parlayapp.com. If an amendment is material, as determined in Parlay’s sole discretion, Parlay will notify you by email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Parlay to obtain your consent to such changes, or provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using the Service, because by continuing to use the Service you indicate your agreement to be bound by the updated terms.

INTELLECTUAL PROPERTY

You agree that the Service, including but not limited to Parlay’s user interface, software, scripts, graphics used to implement the Service, contains proprietary information and material that is owned by Parlay and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except appropriate use of the Service in compliance with these Terms of Service. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms of service. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any way, and you shall not exploit the Service in any unauthorized way whatsoever.

DISCLAIMER OF WARRANTIES

THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APPLICATION, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PARLAY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE APPLICATION; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE APPLICATION; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE APPLICATION; (D) THE MESSAGES AND INFORMATION SENT FROM THE APPLICATION BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE APPLICATION OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APPLICATION OR ANY LINKED SITE. PARLAY DOES NOT WARRANT THAT THE APPLICATION, ANY OF THE APPLICATION’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PARLAY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE APPLICATION OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND PARLAY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE APPLICATION, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION OR THE SERVICES. FURTHER, PARLAY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

PARLAY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION OR SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT PARLAY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL PARLAY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE APPLICATION, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE APPLICATION; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PARLAY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE APPLICATION OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE APPLICATION'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF PARLAY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES’ AND INDIVIDUALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

INDEMNIFICATION

By using the Services, you agree you will indemnify, defend, and hold Parlay and any of its affiliates harmless from and against all damages, liabilities, costs, fines, sanctions, and expenses arising out of your breach of this Agreement or your abuse or misuse of the Services.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER 

IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS. By using the Service, you agree that any dispute, claim, or controversy relating in any way to your use of Service shall be resolved by binding, individual arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). The goal of arbitration shall be to promptly and efficiently resolve the claim. Arbitration shall be conducted by the American Arbitration Association (AAA) under its rules. The parties may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the Washington D.C. metropolitan area or at a mutually agreed location. We each agree that any dispute resolution proceedings or litigation will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 1315 W St. NW Apt 740 Washington, DC 20009.

WAIVER

Any failure by us to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision.

CHOICE OF LAW

This Agreement will be construed, interpreted, and performed exclusively according to the laws of the District of Columbia, United States, without reference to its conflict of laws provisions.

In the event any provision of this Agreement is found invalid or unenforceable by a Court of competent jurisdiction, the remainder of this Agreement will remain valid and enforceable according to its terms.