Terms of Service
Table of Contents

DARK HORSE TERMS OF SERVICE

Last Modified: Sep 6, 2022

1. Your Acceptance

Welcome to the Dark Horse Terms of Service. This is an agreement (“Agreement”) between Dark Horse Enterprises, LLC (“Dark Horse”) the owner and operator of the website https://darkhorseodds.com and the Dark Horse software, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform.

PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT.

Throughout this Agreement, the words “Dark Horse,” “us,” “we,” and “our,” refer to our company, Dark Horse, as is appropriate in the context of the use of the words.

By clicking “I agree”, subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes please cease using our Platform immediately.

2. Platform and Registration

Users may access the Platform as permitted by us. Where required, Users must register on the Platform before accessing portions of the Platform. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over 18 years of age to register and create an account. You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify Dark Horse immediately of any unauthorized use of your account or any other breach of security. Dark Horse will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.

3. Platform Ownership

In accordance with this Agreement, we may provide you access to the Platform after registration and payment as applicable. The Platform is sold as a licensed subscription and your subscription does not entitle you to any ownership of the Platform, you merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Platform at our discretion. You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Dark Horse and/or Dark Horse's licensors and that Dark Horse and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Dark Horse. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Dark Horse to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Dark Horse. All rights not expressly granted in this Agreement are reserved for us. You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Platform, whether posted by you or any other person.

4. Platform Disclaimer

ALL INFORMATION OR CONTENT FOUND ON THE PLATFORM IS FOR GENERAL INFORMATIONAL, ENTERTAINMENT, AND EDUCATIONAL PURPOSES ONLY. NO INFORMATION FOUND ON THE PLATFORM SHOULD BE CONSIDERED ADVICE OF ANY SORT. PLEASE BE AWARE THAT ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Any information provided by Dark Horse is believed to be reliable and accurate; however, due to the nature of such content or data it is possible that such information may be inaccurate, untimely, or contain errors. You solely are responsible for evaluating such information and Dark Horse is not responsible for any errors or omissions with the data or content. Such information provided does not contain any non-public information or inside information about any online gambling or online sports betting activities that you may undertake. Any use of the foregoing in violation of United States' local, state, federal or other international laws is strictly prohibited. Dark Horse does not warrant the legality of any particular gambling activities in any user's specific location. Laws and regulations are rapidly evolving, and it is the user's responsibility to ensure that any gambling actions or behaviors they undertake are legal in their relevant jurisdiction. Dark Horse is not a gambling operator and functions independently from any online gambling operator's control. Although a user may be able to access additional websites that allow for online bets and wagers through the Platform, Dark Horse itself does not directly offer or provide real money gambling services of any kind. However, this does not prohibit or limit Dark Horse in any way from receiving compensation in certain circumstances for any information accessible via the Platform.

All forms of online gambling and sports betting carry with them a certain degree of financial risk. You should be aware of this risk and govern yourself accordingly. Moreover, you should exercise responsibility when engaging in any online gambling or online sports betting activities. If you believe that you have a gambling or sports betting addiction, or if you believe someone you know has a gambling or sports betting addiction, please visit the National Council on Problem Gaming's website, ncpgambling.org, for additional information about responsible gaming, problem gaming prevention, and treatment.

5. Third Party Content

Dark Horse does not endorse or warrant any third party content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered on the Platform. Dark Horse may provide pricing or betting information that is based on Third Party Content, any such information is provided without warranty or endorsement. If you use or access any Third Party Content you do so at your own risk. We recommend that you independently evaluate Third Party Content and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Dark Horse assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.

6. Information Generated

Dark Horse is not responsible for any information generated via the Platform. User understands and agrees that all information generated by the Platform is dependent on the information contained in any User Content submitted by you and you are solely responsible for that information. THE USER AGREES TO HOLD DARK HORSE FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED. DARK HORSE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. Dark Horse does not warrant any results, guarantee, endorse, or recommend any information generated and your use of such information generated is at its own risk.

7. Representations and Warranties

You represent and warrant the following, when using the Platform: (a) you are legally permitted to access the Platform and any associated content within the jurisdiction that you reside; (b) you shall comply with all laws and regulations of your local jurisdiction when using the Platform or any content found on the Platform; (c) you shall not use any content or information found on the Platform to violate any agreements with any third parties or otherwise cause harm to any third parties.

8. Privacy Policy

We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

9. User Content

A User's ability to submit or transmit any information through the Platform, including but not limited to user information, data, bets, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Dark Horse is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations. When you submit any User Content to us, you grant Dark Horse, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform. Dark Horse has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Dark Horse shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

10. Monitoring User Content

Dark Horse shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Dark Horse shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion.

11. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

  • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  • You may not access the Platform through automated or non-human means, whether through a bot, script or otherwise.
  • You may not engage in any automated use of the Platform, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
  • You may not access our Platform in an attempt to build a similar or other competitive product;
  • You may not use the Platform in an unlawful manner;
  • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
  • You may not interfere with or disrupt the Platform;
  • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
  • You agree that you will not hold Dark Horse responsible for your use of our Platform

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Dark Horse reserves the right to suspend or terminate any account at any time at our discretion.

12. User Content Storage

Dark Horse at its discretion may offer reasonable amounts of storage for any User Content submitted by User. Where any User exceeds our storage capacity limits, we reserve the right to charge User for such excess storage or terminate this Agreement at our discretion. Please be aware that we have no obligation to offer any storage of any User Content and may change our policies related to User Content storage limits at our discretion. We reserve the right to discontinue storage or modify any pricing, services, policies, or terms related to User Content storage on our Platform (at any time). Please be aware that we make no guarantees about any User Content stored on the Platform and User releases us from all liability related to any User Content stored on the Platform. Specifically, we do not guarantee that User Content will remain available, secure, accessible, or complete and some or all of User's User Content may be deleted. Dark Horse shall have no obligation to keep or make available any User Content after a termination of User's subscription to the Platform and shall have no obligation to assist in migrating such User Content.

13. User Payments

User agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions in the methods accepted by Dark Horse. Where User has properly paid for a subscription we shall grant User access to the Dark Horse Platform. In addition, User agrees to timely pay any and all fees as charged. User may upgrade or downgrade its subscription at any time; however no refunds will be provided for any subscription downgrades. Where a User has exceeded any usage limits User may be required to pay before accessing any additional services on the Platform. Dark Horse uses a third party payment processor and where applicable, User must agree to our third party payment processors' terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in the currency as stated at the time of purchase. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where User has failed to pay or where payments are overdue, Dark Horse may suspend or terminate User's access to the paid portions of the Platform, without liability to us.

14. Automatic Payment and Renewal

Where a User has purchased a subscription, User's payment information shall be logged for User's convenience. IF USER'S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, DARK HORSE MAY CHARGE USER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS USER NOTIFIES US THAT USER WANTS TO CANCEL USER'S AUTOMATIC PAYMENT VIA USER'S ACCOUNT MANAGEMENT PAGE. ADDITIONALLY, USER AUTHORIZES US TO BILL USER ON A RECURRING BASIS AND AGREES THAT USER'S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS USER'S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. USER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY USER TO CHARGE USER'S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.

15. Cancellation of Subscription

You may cancel your subscription to the Platform at any time. Please cancel your subscription by using the account management page or by notifying us at support@darkhorseodds.com. Cancellation does not occur until you have received verification of your cancellation. Upon cancellation of your subscription, you may be able to access the Platform until the end of your subscription period.

16. Refunds for Subscription

As we may offer free trials, after you begin your paid subscription period we cannot offer any refunds.

17. Taxes

Where Dark Horse does not charge User taxes for any payments, User agrees to pay any and all applicable taxes. User agrees that Dark Horse cannot and will not provide User with any tax advice, any such questions should be directed to User's tax attorney or other tax professional.

18. Pricing and Price Increases

The pricing for all paid subscriptions is listed on the Dark Horse Platform or within User's account. Additionally, Dark Horse may increase the price of any paid subscriptions or Dark Horse fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Dark Horse shall notify User and User will have the chance to accept or reject any price increase. Where User has rejected a price increase this Agreement may be terminated immediately at our discretion. User agrees that Dark Horse has no obligation to offer any services for the price originally offered to User at sign up.

19. Free Trials, Discounts, and Multiple Accounts

Dark Horse may offer the Platform on a free limited usage basis. Dark Horse reserves the right to discontinue or modify free usage at any time and without liability.

Any promotional offers such as free trials and discounts are limited to no more than one (1) per person, account, household, IP address, family, physical address, and/or device. All details of promotions will be determined by Dark Horse in its sole discretion. You may not have more than one (1) account in connection with your use of Dark Horse. Dark Horse accounts are for personal use only and cannot be shared with other persons. Should we have reasonable grounds to believe that multiple accounts have been opened with the intention to defraud us, we reserve the right to cancel any transaction and/or cancel any subscription related to said fraud attempt.

20. User Account Holds

From time to time, Dark Horse may freeze or place a hold (“Hold”) on a User's account. Some of the reasons that we may place a Hold on User's account include but are not limited to the following: (1) if we have reason that User's actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User's account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User's access to the Platform while such Hold is in place.

21. Platform Availability

Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

22. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.

23. Idea Submission

Dark Horse or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Dark Horse. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Dark Horse's products might seem similar to ideas submitted to Dark Horse. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Dark Horse, without any compensation to the submitter; (2) Dark Horse may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Dark Horse to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

24. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DARK HORSE, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM INCLUDING ANY CONFIDENTIALITY THEREOF; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. DARK HORSE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. DARK HORSE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. DARK HORSE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DARK HORSE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

25. Limitation of Liability

IN NO EVENT SHALL DARK HORSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DARK HORSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY DARK HORSE'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED UNITED STATES' DOLLARS, WHICHEVER IS GREATER.

26. Indemnity

You agree to defend, indemnify and hold harmless Dark Horse, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Dark Horse Platform;
  • your violation of any term of this Agreement; or
  • your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Dark Horse Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

27. Copyrights

Takedown Notice We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our Platform of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Dark Horse, support@darkhorseodds.com or Dark Horse Enterprises, LLC, 8 The Green, STE B, Dover, Delaware,19901.

Counter Notice

In the event that you receive a notification from Dark Horse stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.
  • The notification reference number (if applicable).
  • Identification of the material and its location before it was removed.
  • A statement under penalty of perjury that the material was removed by mistake or misidentification.
  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
  • Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: Dark Horse, support@darkhorseodds.com or Dark Horse, LLC, 8 The Green, STE B, Dover, Delaware, 19901.

28. Choice of Law

This Agreement shall be governed by the laws in force in the state of Delaware. The offer and acceptance of this contract is deemed to have occurred in Delaware. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.

29. Disputes

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.

Binding Arbitration

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Dark Horse agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their arbitration rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Dover, Delaware. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Dover, DE.

You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Dark Horse Enterprises, LLC, 8 The Green, STE B, Dover, Delaware, 1990## 1. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Dover, DE.

30. Class Action and PAGA Waiver

You and Dark Horse agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

31. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Dark Horse are deemed to conflict with each other's operation, Dark Horse shall have the sole right to elect which provision remains in force.

32. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

33. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.

34. Entire Agreement and Notices

This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to Dark Horse Enterprises, LLC, 8 The Green, STE B, Dover, Delaware, 19901, delivery confirmation required. Any notices to User shall be delivered either electronically via email to User account or to the address listed within User's account.

35. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and please delete your account by contacting us at support@darkhorseodds.com.

36. Electronic Communications

The communications between you and Dark Horse use electronic means, whether you visit the Platform or send Dark Horse e-mails, or whether Dark Horse posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Dark Horse in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Dark Horse provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

37. Platform Issues

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us by email at support@darkhorseodds.com.

38. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Ember Fund must be sent to our agent for notice to: Dark Horse Enterprises, LLC, 8 The Green, STE B, Dover, Delaware, 19901

California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

39. Termination

We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Dark Horse, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.

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