ACCEPTANCE OF TERMS OF USE

Please review the following terms and conditions carefully. This agreement (the “Terms of Use”) is a legally binding contract between you (“You” or “Your”) and VEGAS MISTAKE (“VM”, “We,” “Us,” or “Our”). This agreement governs Your use of any Website or Web page operated by VM, including, but not limited to, vegasmistake.com (the “Site”). If You do not agree to these terms, You should not review information on or use the Site. Although You may bookmark a particular portion of this Site and/or bypass the Terms of Use, Your use of the Site still binds You to these Terms of Use.

Through the Site, VM offers access to certain goods, such as merchandise and accessories (collectively, the “Goods”), as well as providing certain features and services, including, but not limited to, statistical review, handicapper picks, and other interactive and non-interactive features (collectively, the “Services”). These Terms of Use govern Your access to the Site, Your use of the Services, or any purchase of the Goods.

In addition, when accessing the Site, using any Services, or purchasing any Goods, You will be subject to any applicable posted guidelines or rules. All such additional guidelines or rules are hereby incorporated by reference into the Terms of Use. To the extent that any such applicable posted guidelines or rules are in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

VM does not allow persons under the age of 21 to use its Site or Services or purchase any Goods. Thus, if You are a person under the age of 21, You may not visit or use the Site. Should we discover that any of your identification information is fraudulent, we withhold the right to terminate your service due to breach of agreement.

The sports betting information that you’re purchasing is the opinion of VM’s sports analysts. There are no warranties or guarantees in terms of our service and it’s for entertainment purposes only and is not in anyway intended to be used to direct or indirectly violate any local, state, or federal laws.

We do not promote gambling and Vegas Mistake is for entertainment purposes. It is your responsibility to know the legality of sports betting in your region. We do not endorse, accept, or place wagers of any kind.

Any use of provided information is to be used at your own discretion and Vegas Mistake isn’t responsible for any damages or losses incurred either directly or indirectly from this information.

Any violations of these policies will result in immediate termination of your service and no refund for any portion of purchase.
This site may contain links to other sites, Vegas Mistake is not responsible for any of the content on these external sites.

Any user of this site acknowledges and accepts these rules and agrees to the terms of service.

ALL SALES ARE FINAL NO REFUNDS POLICY.

Client understands and agrees that there will be no refunds of any credit card payments or guarantees of any predicted outcomes, and that the consulting fees set forth herein have been fully earned upon receipt thereof. Should Client decide to terminate this agreement prior to its contemplated completion, no refunds will be issued as the consulting fee was fully earned upon payment thereof. Any attempt by Client to dispute the credit card transaction or transactions shall entitle VM to liquidated damages against Client.

PASSWORDS AND SECURITY

To open a user account, You must complete the registration process by providing VM with current, complete and accurate information as prompted by the applicable registration form. In registering for the Services, You agree to submit accurate, current and complete information about You and promptly update such information, if applicable. Should VM suspect that such information is untrue, inaccurate, not current or incomplete, VM has the right, but not the obligation, to suspend or terminate Your access to the Site or use of the Services and/or seek updated information from You.

Your right to use the Site is not transferable. Any password or right given to You to obtain information or document is not transferable, and shall be held strictly confidential. You are solely responsible for any and all activities that occur under Your account and for maintaining the confidentiality of Your account and password. Accordingly, You should restrict access to Your computer or, if using a public computer, ensure that You exit or log-off from Your Account at the end of each session of use. If You are conducting this session on a public computer or are otherwise using a computer to which multiple people have access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off the Site and the computer system You are using to prevent unauthorized access to Your account with SIT.

You agree to notify VM immediately of any unauthorized use of Your password or account or any other breach in security that is known or suspected by You. Guest accounts cannot be “shared” or used by more than one individual.

PRODUCT AND PROMOTIONAL PRICING AND AVAILABILITY

VM will not be responsible for typographical or other errors or omissions regarding prices or other information found on the Site regarding Goods or Services. All product sales and promotions are subject to these Terms of Use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change.

Please note that this policy applies only to products sold and shipped by SIT. Your purchases from third-party sellers using payments through the Site are charged at the time You place Your order, and third-party sellers may follow different policies in the event of an error or omission regarding pricing or other information.

PROPRIETARY RIGHTS RESTRICTIONS

All material on the Site, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by VM or other parties that have licensed their material to SIT, and are protected by copyright, trademark, and other intellectual property laws. Trademarks, logos, images, audio, and service marks displayed on the Site are the property of either VM or other third parties; You agree not to display or use such property without SIT’ prior written permission.

The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of VM. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of SIT, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

If You have accessed the Site, VM grants to You a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the Services (the “Content”) solely for Your own personal use. All rights not expressly granted herein by VM to You are reserved by VM and/or its licensors.

VM alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, innovations, graphics, materials, data, concepts, recommendations, comments, posting, or other information or communications provided by You relating to the Site and/or the Services (“Submissions”), and You agree to and hereby assign such Submissions to VM free of charge. VM may use or not use such Submissions as it deems appropriate in its sole discretion. For any Submissions that cannot be legally assigned to VM, You hereby grant VM an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions for any and all commercial or non-commercial purposes, and You agree that VM is free to use any ideas, concepts, know-how or techniques that You send VM for any purpose whatsoever, with no compensation to You. You also hereby waive any “moral rights” associated with the Submissions.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Us on the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

USE OF FICTITIOUS NAMES

For privacy reasons, the names for the employees of VM which are listed on the Site are fictitious. No association with any real person with the same or similar name is intended or should be inferred.

OTHER BUSINESSES

Parties which are not under the control of VM sell Goods and/or Services on the Site. The Site also contain links to third party websites as an accommodation to You. These third party and third party sites are not under the control of VM. VM does not endorse, adopt or undertake any responsibility for the Content or privacy practices of any third-party or third party site, including, but not limited to, information provided at third party sites that may link the user to the Site. If You have accessed the Site through a third-party link, You are still bound by the terms and conditions of these Terms of Use. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. VM does not assume any responsibility or liability for the actions, product, and content of any third parties or third party sites. You should carefully review their terms and conditions of use.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THEREFROM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VM OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

VM MAKES NO WARRANTY THAT THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SITE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, OR THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN THE EVENT THAT WEBSITE CONTENT IS INACCURATE, INCOMPLETE, OR OUT OF DATE, VM DOES NOT INTENTIONALLY MAKE MATERIAL MISREPRESENTATIONS NOR DOES VM INTENTIONALLY PROVIDE INCORRECT INFORMATION.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THE SITE, SERVICES AND THE CONTENT ARE PROVIDED FOR YOUR NON-COMMERCIAL ENTERTAINMENT AND ENJOYMENT. ANY USE OF INFORMATION AND RECOMMENDATIONS PROVIDED IS AT YOUR SOLE DISCRETION. VM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE, THROUGH THE SERVICES, OR ANY USE OF SAME BY YOU. VM DOES NOT GUARANTEE ITS SELECTIONS, SERVICES OR CONTENT.

LIMITATION OF LIABILITY

VM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INABILITY TO USE THE SITE, THE SERVICES OR ANY CONTENT OR MATERIALS CONTAINED THEREIN OR DOWNLOADABLE THEREFROM, OR ANY INFORMATION OBTAINED AT THE SITE, THROUGH THE SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLES, EVEN IF FORESEEABLE OR IF VM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT SIT’ TOTAL LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY VM FROM YOU TO ACCESS THE SITE AND/OR USE THE SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IF YOUR USE OF THE SITE, SERVICES AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

INDEMNIFICATION

You agree to indemnify, hold harmless and release VM (and its employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use or misuse of the Site, the Services and/or any Content contained therein or provided thereby, including, but not limited to, information from third-party websites linked to the Site.

CHANGES TO THE SITE

VM reserves the right to modify, suspend or discontinue all or any portion of the Site and/or the Services at any time, without notice. Unless stated otherwise, any new features to the current Site or Services shall be subject to these Terms of Use. The date of the present version of the Terms of Use is listed at the bottom of the Terms of Use.

TERMINATION

We may terminate this agreement at any time, in Our sole discretion, and without any notice to You. Any permission granted in these Terms of Use terminates automatically without further notice if You breach any of the terms of these Terms of Use. Upon any termination of these Terms of Use, You must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under these Terms of Use or otherwise. VM reserves the right, in its sole discretion, and for any reason, to refuse access to You at any time to those portions of the Site that require registration. You agree that VM shall not be liable to You or any third party for any termination of Your access to any Material, Content, the Services, and/or the Site.

Notwithstanding the foregoing, the Site is a membership website that automatically renews / re-bills all memberships, other than 1-day memberships, every 30 days, unless terminated in accordance with this paragraph. In order to terminate your membership, You must either follow the instructions for termination on the Site or send a written request via certified mail which must be received by Us, within the current billing cycle. Any requests received by Us after the “renewal date” (i.e., the first day of the next billing cycle) will be posted for the next billing cycle. Upon Our receipt of Your termination, We will send You a membership termination confirmation number. Please retain this number for Your records.

INFORMATION AND PRESS RELEASES

The Site contains information and press releases about Us. While this information was believed to be accurate as of the date prepared, We disclaim any duty or obligation to update this information or any press releases. Information and news articles not drafted by Us and information about companies or individuals other than Us contained in the press releases or otherwise should not be relied upon as being provided or endorsed by Us.

PRIVACY POLICY; USE OF INFORMATION

Please review Our Privacy Policy which also governs Your use of the Site. We reserve the right, and You authorize Us, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with Our Privacy Policy.

GENERAL COMPLIANCE WITH LAWS

You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, Our Goods and Services, and Your purchases and browsing.

NO AGENCY

You and VM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use or Your use of the Site.

ELECTRONIC COMMUNICATIONS

When You visit the Site or send e-mails to SIT, You are communicating with Us electronically and You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal or other requirement that such communications be in writing.

RISK OF LOSS

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Our delivery to the carrier.

PURCHASE AGREEMENT; RETURN POLICY

By placing an order for Goods or Services, You agree to these Terms of Use and the Privacy Policy, You authorize Us to charge Your financial establishment the agreed upon amount listed at the checkout and You accept and agree that there are no guarantees, no refunds, and all sales are final.

COPYRIGHTS AND COPYRIGHT NOTICES:

We respect the intellectual property of others, and We ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Us the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that You claim has been infringed;
• A description of where the material that You claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• 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
• A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Any copyright notice must include the above information and must be sent to:

Vegas Mistake

3501 Wall Street

New York, New York

GOVERNING LAW; MISCELLANEOUS

These Terms of Use shall be treated as though they were executed, delivered and performed in the State of Delaware, and shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principals. Any cause of action by You with respect to the Site (and/or any information, Materials, Content, Goods or Services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with these Terms of Use (and/or any information, Materials, Content, Goods or Services) shall be brought solely in the State of Delaware. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. All actions shall be subject to the limitations set forth in the Disclaimer Section and Limitation of Liability Section of these Terms of Use. The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly against either party. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms of Use constitute the entire and only agreement between Us and You and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, Materials, Content, Goods and Services provided by or through the Site, and the subject matter of these Terms of Use. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

VM RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE, AND/OR THE GOODS AND SERVICES FROM TIME TO TIME AT ITS SOLE DISCRETION, WITHOUT NOTICE TO YOU, BY POSTING SUCH REVISED TERMS AND CONDITIONS, GOODS AND SERVICES ON THE SITE. YOUR USE OF THE SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE MODIFIED TERMS AND CONDITIONS OF THESE TERMS OF USE, IF ANY. THE DATE OF THE MOST RECENT REVISION OF THESE TERMS OF USE IS LOCATED AT THE BOTTOM OF THIS DOCUMENT. YOU SHOULD REVIEW THE TERMS OF USE WHENEVER YOU USE THIS SITE.