HIGH ROLLERZ TERMS OF USE


USE OF THIS PLATFORM CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE 

AND PRIVACY POLICY.

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE PLATFORM. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW.

Acceptance of These Terms of Use

HIGH ROLLERZ Entertainment LLC  (the “Company”) is the owner and operator of  Highrollerzent.com (the “Site”), (collectively, “HIGH ROLLERZ” “we” or “us”). The services offered by us include the Site and any other features, domains, content, services, software, products, documents, forms, Platform, websites, and/or applications offered from time to time by us in connection with the Site.  (collectively “Platform” or “Services”).  

These Terms of Use shall sometimes be refered to herein as “Agreement“.

These Terms of Use apply to your use of the Services. These Terms of Use do not apply to your use of third party websites of any other companies, organizations or individuals or to which this Site links. By visiting the Site or using the Services, you agree to be bound to these Terms of Use, whether or not you are a user of the Platform. These terms and conditions constitute a legally binding agreement between you and HIGH ROLLERZ.  HIGH ROLLERZ makes the Services available to you, conditioned on your acceptance of these terms, conditions and notices.  If you choose not to accept these Terms of Use at any time, leave the Site immediately and DO NOT USE the Services.

Modification        

We reserve the right to modify these Terms of Use at any time. You should check these Terms of Use periodically for changes. Such changes shall become immediately effective upon the posting thereof.  By using this Site or Services, you agree to accept all changes to our terms of use, whether or not you have reviewed them.

Age and Residency Requirements

The Services are offered and made available only to users who are the legal age of majority in the jurisdiction in which they reside or are otherwise able to form a binding contract with HIGH ROLLERZ in order to use the Services.  

This Platform may not be appropriate or available for use outside of the United States. If you access or use the Site from jurisdictions outside of the United States, you do so at your own risk and You shall be solely responsible for fully complying with all applicable foreign, United States, state, and local laws and regulations.

In order to access or use this Platform you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity that is ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.

You warrant that you are not prohibited from receiving U.S. origin products, including services or goods.  You also warrant that you shall obtain or have advance authorization by the appropriate government authorities to directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any good or service to any Site user.

By using or attempting to use the Site or Services, you certify that you are the legal age of majority in the jurisdiction in which you reside and meet any other eligibility and residency requirements of the Site and Services.  If you are not yet the required age and/or do not meet any other eligibility requirements, please discontinue using the Site and Services immediately.  

Consent to Receive Emails

By using the Platform, you agree to receiving communications from HIGH ROLLERZ submitting your content, you agree to receiving communications from HIGH ROLLERZ, such as, newsletters, special offers, and updates. You can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.

Music Submission

The following terms and conditions shall govern review of your music and other material, if any, (individually and collectively, “Material”) submitted by you.

You are aware that the Company will only accept and consider your Material if you agree to the policies set forth and outlined below.

Representations and Warranties: You represent and warrant that you are the author of said Material, having written or acquired said Material; In and to said Material; that you have, unconditional right and authority to submit said Material to you upon.

Submission and Review of Material: You understand that acceptance of your submission does not waive HIGH ROLLERZ right to research and confirm or contest your copyrights, trademarks, and intellectual property rights. No other obligations, promises or duties of any kind shall arise from or be implied from this Agreement and no confidential or fiduciary relationship exists between you and HIGH ROLLERZ in connection with submission of Material.  No express or implied agreements will exist between you and HIGH ROLLERZ as a consequence of this unsolicited submission or conversations in reference thereto.  You understand that HIGH ROLLERZ is under no obligation to provide feedback or sign you as a result of your submission.

Use of Material: Should HIGH ROLLERZ decide to explore the use of your Material or any portion thereof that is legally protectable, such signings or usage shall be subject to separate negotiations. Notwithstanding, you hereby grant HIGH ROLLERZ a non-exclusive right to use, without any obligation or payment to you, any of said Material which is not protectable as intellectual property under the laws of plagiarism and to the extent copyright law protects the Material.

Similar Material: You understand that HIGH ROLLERZ and other individuals have been or may have be developing content similar to the Material you are submitting.  

        

Miscellaneous: You hereby state that you have read and understood this Agreement; that no oral representations of any kind have been made to you; that there were no prior or contemporaneous oral agreements in effect between you and HIGH ROLLERZ pertaining to the Material; and that this Agreement states the entire understanding between you and HIGH ROLLERZ.  

Refund Policy

We want you to be 100% satisfied with your experience using the Platform. If you are less than satisfied or believe there has been an error in billing, please contact us using the Info@highrollerzent.com so that we can help you resolve the issue, provide a refund, or offer Platform credit.

When contacting us, please include any relevant details so that we can ensure you are completely satisfied with your  experience. All refund requests must be made within 14 days of purchase.

We reserve the right to change our pricing from time to time, but our price changes will always be prospective and not retroactive.

HIGH ROLLERZ does not assume any responsibility for any consequence of using the Platform. HIGH ROLLERZ expressly disclaims, and you hereby release HIGH ROLLERZ from any and all liability with respect to actions or omissions on the Platform.  

CHARGEBACKS AND FRAUD

You agree that to the extent permitted by applicable law, we reserve the right to seek reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, or withdrawal; (ii) discover erroneous transactions; or (iii) have supplied our Services in accordance with this Agreement yet we receive any chargeback from the payment method used by you or used to pay you.

You agree that we have the right to make appropriate reports to credit reporting agencies and law enforcement authorities, to charge your payment method or linked bank account, offset any amounts determined to be owing, deduct amounts from future payments or withdrawals, or obtain reimbursement from you by any other lawful means for any amounts owed, plus any applicable processing fees, charges, or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. If we are unable to obtain such reimbursement, we may, in addition to any other remedies available under applicable law, temporarily or permanently revoke your access to HIGH ROLLERZ.

You agree that we may place a hold on any or all of your payments when we believe there may be a high level of risk associated with you. If we place a hold on any of your payments, you will be provided with notice of our actions and the way in which to resolve the issue.

If you are involved in a dispute, in certain circumstances we may place a temporary hold on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the temporary hold.

Prohibited Uses HIGH ROLLERZ

You agree not to use the Platform for any unlawful purpose or any purpose prohibited under these Terms of Use. You agree not to use the Platform in any way that could damage the Platform, or general business of the Company.  Furthermore, you agree not to access or use the Platform, its products and services, including without limitation content and documents accessible via the Platform for the purpose of: (i) developing or operating products or services intended to be offered to third parties in competition with the Site.

Your violation of any of the aforementioned and following prohibitions automatically terminates your right to use the Platform and you are on notice that we intend to pursue our legal remedies for any violation.

Additionally, you shall not use, allow, or enable others to use the Platform, or knowingly condone use of the Platform by others, in any manner that is, attempts to, or is likely to:

  1. Harass, abuse, or threaten others or otherwise violate any person, firm or enterprise’s legal rights, including without limitation, rights of publicity or privacy;
  2. Violate any intellectual property rights of the Company or any third party;
  3. Upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. Perpetrate any fraud, including without limitation, to impersonate anyone else or which may appear to impersonate anyone else;
  5. Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. Publish or distribute any obscene or defamatory material;
  7. Publish or distribute any material that incites violence, hate, or discrimination towards any group;
  8. Unlawfully gather information about others;
  9. Attempt to reverse engineer or disassemble any code or software from or on the Platform;
  10. Violate the security of the Platform through any unauthorized access;
  11. Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, or any treaties
  12. Gain unauthorized access to the Platform, other accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Platform or to use the Platform in any manner which violates or is inconsistent with these Terms of Use;
  13. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Platform or the rights or use and enjoyment of the Platform by any other person, firm or enterprise.

In addition, certain general information and articles that may be of interest to Users may be available through the Platform  While we try to ensure that any information on the Platform is both timely and accurate, errors may appear from time to time.   HIGH ROLLERZ does not make any representations or warranties with respect to any information that is posted on the Platform by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.

Termination and Access Restriction

HIGH ROLLERZ reserves the right, in its sole discretion, to terminate your access to the Platform, for any reason and at any time without prior notice. We may suspend or terminate your use of the Platform if you are not complying with these Terms of Use, or if you are using the Platform in a manner that would expose us to legal liability, disrupt the Services or disrupt others' use of the Platform.

In the event HIGH ROLLERZ elects to terminate your use of the Platform,  they will provide you with notice at your registered email address.

HIGH ROLLERZ also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services without notice. You agree that HIGH ROLLERZ will not be liable to you or to any third party for any modification, suspension, or discontinuance of your use of the Platform.

Service Interruptions

HIGH ROLLERZ may need to interrupt your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that HIGH ROLLERZ shall have no liability for any damage or loss caused as a result of such downtime.

Data Loss

HIGH ROLLERZ does not accept responsibility for the security of any content provided by you. You agree that your use of the Site is at your own risk.

HIGH ROLLERZ Intellectual Property

HIGH ROLLERZ, the Platform, and materials, contracts and content on this Site is protected by copyright laws, including without limitation as a collective work or complication, international treaties, trademarks, service marks, and other intellectual property laws and treaties.  

You acknowledge that the  Platform contains original works that have been developed, created, prepared, compiled, and arranged by HIGH ROLLERZ.  You also acknowledge that a substantial amount of money, time and effort has been put forth to create the Platform.  You acknowledge that the Platform, and materials, contract templates, questionnaires, and content on this Site are valuable intellectual property of HIGH ROLLERZ.  All present and future rights in copyrights, trademarks, service marks, trade secrets, patents, designs, systems, processes, and other proprietary or intellectual property rights of any type, improvements, and derivative works relating to HIGH ROLLERZ shall, as between you and HIGH ROLLERZ, be and continue to be the sole and exclusive property of HIGH ROLLERZ at all times.

All trademarks, service marks, logos, graphics, domain names, meta tags, trade dress, and trade names applicable to HIGH ROLLERZ 's business, operations, facilities, products and services (collectively, " HIGH ROLLERZ Intellectual Property") are owned exclusively by HIGH ROLLERZ.  HIGH ROLLERZ Intellectual Property may not be used in connection with any product or service that is not HIGH ROLLERZ 's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HIGH ROLLERZ.  

All other trademarks, service marks, logos, graphics, product names and company names not owned by HIGH ROLLERZ that appear on this Site are the property of their respective owners.

Upon your acceptance of these Terms of Use, HIGH ROLLERZ grants you a limited, non-exclusive and non-transferable license to access and use the Platform only as expressly permitted in these Terms of Use. You shall not use or permit use of the platform for any illegal purpose or in any manner inconsistent with the provisions of these Terms of Use.  If you intend to or do become a direct competitor of HIGH ROLLERZ, you may not access or use the Platform without  HIGH ROLLERZ’s explicit, advance, written consent, and then only for the purposes authorized in writing.  Except as otherwise restricted by these Terms of Use, HIGH ROLLERZ grants you permission on a non-exclusive, non-transferable, limited basis to access and download documents created for use in connection to and in accordance with your use of the Platform.  You are strictly prohibited from reproducing or creating derivative works based upon materials made available to you on the Platform for any purpose.  Any violation of this section in these Terms of Use may result in the immediate termination of your right to use the Platforrrm, as well as potential liability for copyright infringement or other claims.

Any unauthorized use of HIGH ROLLERZ’s Intellectual Property, without proper license agreements with HIGH ROLLERZ, is strictly prohibited.

Any unauthorized use of the content included on this Site is prohibited by law and may result in civil and criminal penalties.  Except as otherwise set forth herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content (including, without limitation, any text, graphics, logos, buttons icons, images, audio clips, products, services or software) obtained from this Site.  You may not frame, or use any framing technique to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, flash movie, page layout, or form) of HIGH ROLLERZ, without the express consent of HIGH ROLLERZ.  You may not use meta tags or any other “hidden text” which utilize HIGH ROLLERZ, or any other derivative of our domain, company name or registered trademarks without the express written consent of HIGH ROLLERZ.  You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page or any Dynamic Deep Link (DDL) of this Site so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter

Copyright Infringement Notice Policy

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify, Info@highrolllerzent.com HIGH ROLLERZ 's agent for notice of claims of copyright infringement ("Copyright Agent"), at

You must provide our Copyright Agent with a Notice of claimed infringement that includes substantially the following information:

  1. an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest at issue (i.e., trademark);
  2. Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
  3. Describe the material on the Site that you claim is infringing, and the location of where the work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. Clearly describe where the infringing material is located on our Site, including as applicable its URL, so that we can locate the material;
  5. Your full name, address, telephone number, and email address;
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and;
  7. Any other information that will aid in our investigation (i.e., copyright registration, etc.)
  8. A statement by you declaring under penalty of perjury that
  1. the above information in your Notice is accurate, and

(ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

HIGH ROLLERZ will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

SENDING US A COUNTER NOTICE IF YOUR POSTING WAS REMOVED BUT YOU BELIEVE IT IS NOT INFRINGING

If you posted material that was removed in response to a notice of infringement and you believe the material was removed due to mistake or misidentification, you may request us to replace the posting by sending us a counter notice to our Copyright Agent as shown above.

Your counter-notice must be a written communication and must include substantially the following information: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter notice to the person who sent the notice of infringement and waiting at least ten (10) business days for such person to respond.

Trademark Infringement Notice Policy

If you are a trademark owner and you believe your trademark is being infringed on or in connection with the Platform, you (or a representative authorized by you) may submit a trademark infringement notice to HIGH ROLLERZ after you have first attempted to contact the allegedly infringing individual or entity and have either not be able to contact the alleged trademark infringer or are unable to reach a resolution with them.

Your trademark infringement notice should provide the following information:

  1. the trademark owners name and contact information;
  2. Identification of the trademark that you claim has (or have) been infringed;
  3. the source or location of the infringing uses; and
  4. a penalty of perjury statement as to ownership or right to act on behalf of the owner.

The trademark infringement notice should be emailed to Email: Info@highrollerzent.com

So long as the complaint in the trademark infringement notice is reasonable, which shall be determined in HIGH ROLLERZ’s sole discretion, HIGH ROLLERZ will perform a limited review and remove content that appears to be a clear infringement of trademark.  HIGH ROLLERZ may provide the complaint and your contact information included to the person or entity that you identify as the source or cause of the infringement for the purpose of encouraging communication and resolution.

Disclaimer Regarding Links

The Services we provide include suggesting content that may be of interest to you.  As a result, there are links on the Site to third party sites.  These links are provided for convenience only, and do not mean that HIGH ROLLERZ endorses or recommends the information contained in linked web sites, or guarantees its accuracy, timeliness or fitness for a particular purpose.  HIGH ROLLERZ takes no responsibility for the content or practices of third party sites.  If you choose to visit a third party's site, please be aware that the third party's terms of use, and not that of HIGH ROLLERZ will govern your use of the third party's site.

Warranty Disclaimer: Liability Disclaimer; Disclaimer of Consequential Damages

Your use of the Platform and its Services is at your own risk.  

The provisions in these Terms of Use that provide for disclaimer of warranties, limitation of liability, or exclusion of damages is an agreed allocation of the risks of these Terms of Use and Platform between you and us, which is an essential element of the basis of the bargain between you and us.  Each provision in these Terms of Use is severable and independent of these Terms of Use, and each of these provisions will apply even if a warranty or other provision in these Terms of Use has failed their essential purpose.

You expressly understand and agree that this Site and Services are provided on an “as is” “as available” basis. HIGH ROLLERZ does not warrant that Site or Services will be uninterrupted or error-free, and HIGH ROLLERZ makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or content available through the Site. HIGH ROLLERZ expressly disclaims any and all warranties of any kind with respect to the Site and Services and the information or content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. The Site and Services are always subject to change.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HIGH ROLLERZ OR ANY OF THE COMPANY’S OFFICERS, LLC ACCOUNT HOLDERS, SHAREHOLDERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND ADVERTISERS BE LIABLE FOR ANY SPECIAL, CIRCUMSTANTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE OR EXEMPLARY DAMAGES RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR LOSS OF BUSINESS, GOODWILL, WORK STOPPAGE, EVEN IF NOTIFIED OF THE LIKELIHOOD OF SUCH LOSSES, WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HIGH ROLLERZ OR ANY OF THE COMPANY’S OFFICERS, LLC ACCOUNT HOLDERS, SHAREHOLDERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CIRCUMSTANTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER RESULTING FROM THE FOLLOWING:

  1.  USE OF THE PLATFORM, SERVICES, DOCUMENTS, CONTENT, AND OTHER HIGH Platform FEATURES, OR INABILITY TO USE THE SAME,
  2. MISTAKES, OMISSIONS, DELETIONS, OR INACCURACIES OF DOCUMENTS, CONTENT, Platform FEATURES, OR SERVICES MADE AVAILABLE VIA the Platform, TRANSMISSION, OR OTHERWISE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR RELIANCE ON THE SAME, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHER LEGAL THEORY, AND WHETHER OR NOT HIGH ROLLERZ OR ANY OF THE COMPANY’S OFFICERS, LLC ACCOUNT HOLDERS, SHAREHOLDERS, DIRECTORS, TRUSTEES, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND ADVERTISERS ARE APPRISED OF THE POSSIBILITY OF SUCH DAMAGES,  
  3. ANY LOSS OF YOUR CONTENT, DOCUMENTS, OR DATA,
  4. ANY VIRUSES, TROJAN HORSES, BUGS, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, DOCUMENTS, HIGH ROLLERZ FEATURES, OR SERVICES BY ANY THIRD PARTY,
  5. ANY INTERRUPTION OR STOPPAGE OF TRANSMISSION TO OR FROM OUR SERVERS,
  6. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF the Platform,
  7. ANY UNAUTHORIZED ACCESS TO OR USE OF the Platform AND/OR ANY AND ALL FINANCIAL INFORMATION AND/OR PERSONAL INFORMATION STORED THEREIN, AND/OR
  8. ANY DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR OUR PRIVACY POLICY

OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR TO YOUR USE OF THE  PLATFORM (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY CLAIM OR ACTION IS BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HIGH ROLLERZ FOR THE HIGH ROLLERZ SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS OF USE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY.

Indemnification

You agree to defend, indemnify, and hold us and any of our affiliates, as well as our and their officers, LLC Account Holders, shareholders, directors, trustees, employees, agents, licensors, representatives and advertisers harmless from any and all third-party claims, liability, damages, costs, and expenses, including without limitation attorneys’ fees, arising from or related to, as applicable: (a) your access to and use of the Platform; (b) breach or violation of these Terms of Use by you or anyone authorized by you, as applicable, or arising from or associated with any content, data, messages, or materials you submit or post; (c) any products or services purchased or obtained by you in connection with the Site; (d) infringement of any intellectual property or other right of any person or entity by you; or (e) violation of any law or regulation, or misappropriation or violation of the rights of any other party by you.

HIGH ROLLERZ retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree and you agree to fully cooperate with us.  We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.  You agree not to settle or compromise any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent.  

Disclosure of Your Information

We may be legally compelled to disclose certain Information of yours.  You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

Privacy Policy

Our Privacy Policy is hereby incorporated into this Agreement by reference.  We are committed to protecting your privacy and security and have explained in detail what we do in our Privacy Policy.  Please read it.  

Changes to the Site

HIGH ROLLERZ retains title and ownership of the Site and may make changes or improvements to Site and Services at any time without notice.

Termination

Either party may terminate the agreement made in these Terms of Use at any time by notifying the other party. HIGH ROLLERZ may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, HIGH ROLLERZ may immediately terminate users that have been flagged repeatedly for copyright infringement.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account, your right to use or access that Service and any content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to HIGH ROLLERZ or any third party.

Governing Laws

We operate and control our Site and Services from our office located in the U.S.  We do not represent that the Site or Services are appropriate for use in other locations. Persons or entities who access or use the Site or Services from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.

Your use of the Site, Services, these Terms of Use and Privacy Policy will be governed by state and federal laws of the State of Florida without regard to principles of conflicts of laws and will be enforced under the state and federal laws of the State of Florida.  

Mandatory Arbitration; Intellectual Property Litigation Exception; Waiver of Class Actions

PLEASE CAREFULLY READ THIS SECTION. IT AFFECTS YOUR LEGAL RIGHTS AND WAIVES YOUR RIGHT TO FILE A LAWSUIT IN COURT, EXCLUDING CERTAIN INTELLECTUAL PROPERTY DISPUTES

You agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.  This Mandatory Arbitration; Intellectual Property Litigation Exception; Waiver of Class Actions section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to:

  1. claims arising out of or relating to any aspect of the relationship between you and HIGH ROLLERZ, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  2. claims that arose before these Terms of Use or any prior Terms of Use; and
  3. claims that may arise after the termination of these Terms of Use.

The only disputes excluded from this waiver are the litigation of certain intellectual property disputes.

Initial Informal Dispute Resolution

You and HIGH ROLLERZ agree to use reasonable efforts to settle any dispute, claim, question, or disagreement directly.  Good faith negotiations between you and HIGH ROLLERZ shall be a condition to either party initiating a formal action.  Thus, if you have a dispute with HIGH ROLLERZ, you agree to first attempt resolution of the dispute through informal dispute resolution by sending us a notice at Infro@highrollerzent.com and provide a brief, written description and basis of the dispute, relief sought, and your contact and Account information, including name, address, email, and telephone number.  

Mandatory Binding Arbitration

If you and HIGH ROLLERZ do not reach an agreement to resolve the dispute within thirty (30) days after notice of informal dispute resolution is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances involving intellectual property disputes, in court.  All claims arising out of or relating to these Terms of Use and/or your use of the HIGH ROLLERZ Platform shall be finally settled by binding arbitration administered by JAMS through confidential, binding arbitration before one arbitrator, and in accordance with the JAMS Streamlined Arbitration Rules and Procedures for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated.

Arbitration shall be initiated and take place in Broward County, Florida, United States, and you and HIGH ROLLERZ agree to submit to the personal jurisdiction or any federal or state court in Broward County, Florida in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  At HIGH ROLLERZ’s option, the arbitration proceedings may be conducted telephonically or via video conference.

The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference.  You acknowledge and agree that you have either read and understand the Jams Rules or waive your opportunity to read the same, and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

The arbitrator shall have the exclusive authority to make all procedural and substantive decisions and to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including but not limited to, any claim that all or part of this Terms of Use is void or voidable, the question of waiver by litigation conduct or the question of arbitrability.  The arbitrator shall have the power to grant whatever relief that would otherwise be available in a court of law or in equity.  The arbitrator’s award shall be written and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator, HIGH ROLLERZ, and you will maintain confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute.  The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality.  

Notwithstanding any choice of law or other provision in these Terms of Use, you agree and acknowledge that these Terms of Use evidence a transaction involving interstate commerce and that the Federal Arbitration Act (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto.  It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law.  If the FAA and JAMS Rules are found to not apply to any issue that arises under these Terms of Use or the enforcement thereof, then the issue shall be resolved under the laws of the state designated herein.

The arbitrator shall award to the prevailing party the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

No Jury Trial

Absent this mandatory binding arbitration provision, you understand and acknowledge that you would have the right to sue in court and have a jury trial.  Additionally, you understand and acknowledge that, in some instances, the costs of arbitration could exceed the costs of litigation in court and the right to discovery may be more limited in arbitration than in court.

Exception:  Litigation of Intellectual Property

Notwithstanding your and HIGH ROLLERZ’s decision to resolve all disputes through arbitration, either party may bring enforcement of actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any federal or state court in Broward County, Florida, USA, in the U.S. Patent and Trademark Office or other relevant U.S. administrative agency to protect its intellectual property rights, which includes patents, copyrights, moral rights, trademarks, and trade secrets.

Class Action Waiver  

You and HIGH ROLLERZ agree that an arbitration brought hereunder shall be conducted solely in your and our respective individual capacities and not as a class action or other representative action.  You and HIGH ROLLERZ expressly waive your and our right to file a class action or seek relief on a class basis.

Miscellaneous  

The parties and signatories hereto expressly acknowledge and agree that they have had an opportunity to seek the advice of their own independent legal counsel before accepting this Agreement, and have done so and knowingly and voluntarily with a full understanding of the legal consequences thereof.

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.  HIGH ROLLERZ’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.  Any cause of action which you may have with respect to the Site or Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Entire Agreement

If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

These Terms of Use constitute the entire agreement between you and us governing your access to, dealings with, and use of this Site and Services. Any failure by HIGH ROLLERZ to assert any rights it may have under these Terms of Use does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. This agreement under these Terms of Use may be modified only by our posting of changes to these Terms of Use.

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