INPLAYLIVE TERMS OF SERVICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE OR OTHER MATERIALS PROVIDED BY InplayLIVE Media Inc. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU MUST READ AND ACCEPT THE FOLLOWING TERMS BEFORE USING OUR WEBSITE OR PRODUCTS.

LAST UPDATED: February 7, 2024

1. INTRODUCTION

1.1  Parties​. Our website, accessible at www.inplaylive.com (the “​Website​”) and any other associated materials, content and services, including all social media and online community channels, together form the inplayLIVE platform (the “​Platform​”). The Platform is owned and operated by InplayLive Media Inc. (“​inplayLIVE”​ , “​us​”, “​we​”, or “​our​”).

1.2  Summary​. The Platform offers courses, coaching and instruction (collectively, the “​Courses​”) relating specifically to live/in-play sports wagering, which refers to wagering on sporting events that occur throughout the event (“​Live ​Wagering​”). The Courses provide users of the Platform (“​Students​”) with information, guidelines, strategies, and recommendations for improving the likelihood of success with Live Wagering.

We don't believe in get-rich-quick methods and can tell you that sports wagering is not one. Making wagers on live sports takes a lot of hard work and dedication in order to be successful. inplayLIVE is designed to help and guide you through the difficult process of learning how to bet on live sports. We’re here to help by giving you our strategies to move you forward, faster. However, nothing on the Platform or in any of our Products is a promise or guarantee of future earnings. ​See Section 10 – ​Disclaimers Relating to Wagering and the Products​.

1.3  Binding Agreement. ​These terms of service (“​Terms​”) constitute an agreement between us and you. These Terms govern your use and access of the Platform and the products and services made available by us through the Platform, including, without limitation, the Courses (collectively our “​Products​”). ​By using or accessing our Platform, you agree to be bound by these Terms. ​If you do not agree with or accept these Terms, you may not access the Platform.

1.4  Age Restrictions. Persons who are below the age of eighteen (18) or the age of majority in their jurisdiction are prohibited from accessing or using the Platform.

1.5  Modifications. We reserve the right in our sole discretion to modify these Terms, or any part thereof, at any time, by posting the modified version on our Platform or providing our users notice of such changes at the contact information they have registered with us. Such modification will become effective seven (7) calendar days after notice being provided. If you do not agree to be bound by such modifications, you must cease using the Platform.

1.6  NOTICE OF BINDING ARBITRATION; WAIVER OF CLASS ACTION. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 12.1 WHICH PROVIDES THAT YOU AND INPLAYLIVE WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THESE TERMS OR ARE IN A PROVINCE, STATE, OR COUNTRY IN WHICH THE COURTS WILL NOT PERMIT YOU TO CONSENT TO BINDING ARBITRATION. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH INPLAYLIVE, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY. ADDITIONALLY, IN SECTION 12.2 OF THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST INPLAYLIVE. PLEASE CAREFULLY READ SECTIONS 12.1 AND 12.2.

1.7 Responsible Wagering. We are committed to ensuring that all Students engage in Live Wagering in a responsible manner and that all Students keep Live Wagering an exciting and fun pastime by avoiding the problems associated with excessive or compulsive wagering. Seek help immediately if you think you may have a gambling problem. Numerous organizations and programs can assist you in managing problem gambling, including ​Gamblers Anonymous and the ​National Council on Problem Gambling​.

2. INPLAYLIVE ACCOUNT

2.1  Registration. To access our Products and to use certain areas of our Platform, you must first create an account ("​Account​"), which may involve registering a unique user name and password or logging into the Platform (the "​Credentials​"), and providing us with any other information we request.

2.2  Registration Data. During the registration process, you must provide accurate information about yourself as prompted by the Platform (the "​Registration Data​"). You must also update the Registration Data and keep it up-to-date and accurate.

2.3  Accounts May Not Be Transferred. Your Account may not be transferred, sold or otherwise encumbered in any manner. Your Account and Credentials are specific to you and may not be shared with any other person.

2.4  Security of Credentials. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held solely responsible for any losses you suffer as a result of your failure to maintain the confidentiality of your Credentials.

2.5  Communications with inplayLIVE. inplayLIVE may act upon any communication that is given through your Account. inplayLIVE is not required to verify the actual identity or authority of a person using your Account, but inplayLIVE may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if inplayLIVE is not satisfied with the verification.

2.6  Ownership of Account. You expressly acknowledge that you have no right, title, or ownership interest of any nature to or in any Account, and your Account is not your property. Your Account is owned by inplayLIVE and is licensed to you on a limited basis pursuant to these Terms.

3. PAYMENT

3.1  Charges. You acknowledge and agree that your use of certain Products on the Platform, such as enrolling in a Course, may result in charges to you, plus applicable taxes (“​Charges​”). When you purchase a Course, you agree to pay the applicable Charges without delay. Unless otherwise specified, the purchase price must be paid in full and received by inplayLIVE prior to us providing you with the Course materials.

3.2  Payment. By providing a payment method, such as a credit card, that is accepted by us, you represent and warrant that you are authorized to use such payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all applicable Charges. If we, or our third-party payment processor, are unable to verify your payment method, or if it is otherwise invalid or not acceptable, your Course enrollment may be suspended or cancelled.

3.3  Accurate Information. When incurring a Charge on the Platform, you must provide accurate and complete personal information as requested by us, such as your name, address, telephone number, e-mail address, credit card information, and billing and shipping address.

3.4  Payment Processor. We may use third-party payment processors to process your payments. In that case, your payments will be subject to the terms and conditions and privacy policies of such third-party payment processors. These terms and conditions and privacy policies will be made available to you before you incur a Charge on the Platform. We recommend that you read these terms and conditions and privacy policies before making a payment.

3.5  Refunds. 100% Money Back Guarantee: If on your first subscription plan term, our stream tracking units are negative for that time frame, you will qualify for a full refund provided you have an active membership (you have not cancelled). You will have 30 days after your first plan term to contact us and redeem your refund.

Outside of our first plan term money back guarantee, payments made for the purchase of Products on the Platform are non-refundable. For greater certainty, and without limiting the generality of the foregoing, if your Account is terminated, there will be no refund for any portion of any Product that remained unused at the time of the termination of your Account.

4. USE OF THE PLATFORM

4.1  User Licence and Use of Materials. With your purchase of an inplayLIVE Product we grant you a limited, non-exclusive, non-transferable, revocable license to view, download and print a single copy of the Product materials and content provided on our Platform for your personal, non-commercial use only and only in connection with your use of the Platform. Except for the foregoing limited license, no right, title or interest in the Product content, or any other materials or content on the Platform, shall be transferred to you. inplayLIVE may revoke your license at any time in its sole discretion, and, without limiting the generality of the foregoing, your license is automatically terminated on termination of your Account for any reason. Upon such revocation, you must promptly destroy all Product content and all other materials and content downloaded or otherwise obtained through the Platform, as well as copies of such materials, whether made in accordance with these Terms or otherwise.

You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of the Platform's materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Platform or this Platform’s materials or content without the prior written permission of inplayLIVE is strictly prohibited. If we identify such unauthorized and/or prohibited activity, we will endeavor to contact the party responsible and demand that the activity be terminated, and the infringing materials be removed and/or destroyed, immediately. Notwithstanding the foregoing, inplayLIVE reserves the right to take such other steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and inplayLIVE reserves the right to suspend or terminate your access to any part of the Platform or your Account immediately, without prior notice and without refund, at its sole discretion. Upon terminating your access to the Platform or upon terminating your Account for any reason, you must destroy any downloaded materials in your possession whether in electronic or printed format, that were obtained through the Platform, including all Course materials. The rights and remedies of inplayLIVE provided in these Terms are cumulative and not exclusive of any rights, powers, remedies, or privileges provided by law or equity.

4.2  Restricted Users. Potential users of this Platform in any jurisdiction of the world whose laws would void these Terms in whole or in part are not permitted to use this Platform.

4.3  Prohibited Use.​ As a condition of your use of the Platform, you agree that you will not:

(a)  use the Platform for any purpose that is unlawful under applicable law, tortious, or prohibited by these Terms, including any purpose that may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity or infringes, violates or misappropriates the intellectual property rights of any third party;

(b)  use our Products, including the Courses and any other information or content made available through our Platform, to (i) develop, organize, assist, sell picks through, or otherwise benefit commercially from, any other sports betting group, provider, page, organization, server or syndicate on any platform whatsoever, (ii) publish, distribute, or disseminate, whether for free or in exchange for a fee, any picks derived from any information or content made available through our Platform, or (iii) otherwise engage in, directly or indirectly, any other activity that competes with the business of inplayLIVE;

(c)  promote or advertise any service on the Platform, including, without limitation, any service that competes with the business of inplayLIVE;

(d)  solicit the business of any other user of the Platform, whether that solicitation is done through the Platform or any other method;

(e)  impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;

(f)  use or attempt to gain unauthorised access to any Account which is not your own, or any aspects of the Platform you are not authorised to access;

(g)  access or attempt to access the Platform through automated queries including scrapers, spiders, robots, crawlers, indexing tools, or other automated tools for the purposes of obtaining information from the Platform in an automated manner

(h)  harvest or otherwise collect, use or disclose personal information about users of the Platform;

(i)  mirror, frame, or otherwise simulate the appearance or functionality of the Platform;

(j)  inhibit any person’s use or access of the Platform or impair any element of the Platform or its underlying infrastructure, including through accessing the Platform in a manner that could disable, overburden or place an unreasonable load on the Platform’s infrastructure;

(k)  reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Platform or its content;

(l) upload to the Platform, or use the Platform to distribute, viruses, trojans, malware or other harmful software code of any nature;

(m) represent or suggest that we endorse any other business, person, product, or service unless we have separately agreed to do so in writing; or

(n) remove any intellectual property or proprietary property notices, including copyright and trademark notices, from the Platform.

4.4  Platform Availability. While we make commercially reasonable efforts to ensure that the Platform is available, we do not represent, warrant or guarantee in any way the Platform’s continued or uninterrupted availability. You acknowledge that access and use of the Platform may be subject to bugs, malfunctions, delays, and downtime.

4.5  Information on Platform. inplayLIVE reserves the right to monitor, edit, review or remove content from the Platform at any time. While we make reasonable efforts to ensure that the information available through the Platform is accurate, we do not represent, warrant or promise (whether expressly or by implication) that any such information is accurate, complete or free from errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Platform is at your own risk. Please see Section 10 – ​Disclaimers Relating to Wagering and the Products​ for more information.

4.6 Access to Platform. We do not represent the Platform will function as intended when used in conjunction with all hardware and with all software. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use the Platform.

5. INTELLECTUAL PROPERTY

5.1  Ownership of Materials. The Platform and materials provided on the Platform including, without limitation, the inplayLIVE Courses, content, images, site design, text, graphics and the selection and arrangement thereof, are the intellectual property of inplayLIVE and inplayLIVE reserves all right to the same. Nothing in these Terms shall act as a license or assignment to such materials unless expressly specified by us. You may not copy, modify, create derivative works based upon, publicly display or otherwise commercially exploit the Platform or any materials thereon in any manner without our express written permission.

5.2  Trademarks. inplayLIVE and related words and logos are trademarks or trade names of inplayLIVE in Canada and other jurisdictions. Nothing in these Terms or on the Platform will be construed as granting a licence or other right to you to use any such trademarks or trade names. The names of other companies, products and services referred to on the Platform may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of inplayLIVE or of third parties is strictly prohibited.

5.3  Infringement Reports. As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on our Platform. If you find anything on our Platform that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at inquiries@inplaylive.com​.

6. FEEDBACK

6.1  Feedback. We value your visit to the Platform and welcome any questions, comments or feedback you might have about the Platform, these Terms, the Courses or any of the Products or services offered by inplayLIVE ("​Feedback"​ ). That said, the Platform is not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “​Unwanted Submissions​”). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions. You agree we are free to use your Unwanted Submissions as we see fit without any liability owed to you.

6.2  License to Feedback and Submissions. If you provide Feedback, or Unwanted Submissions, you grant inplayLIVE a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant inplayLIVE the right to use the name you submit with the User Content or Feedback, if any, in connection with inplayLIVE’s rights hereunder.

7. THIRD PARTY SERVICES AND CONTENT

7.1 Third Party Content. From time to time we may link to other websites or content providers or provide third-party content on our Platform solely as a convenience to you. Additionally, our Platform or content may be available through third-party providers. When accessing the Platform through a third party, your use of the Platform may also be subject to the terms and conditions, and privacy policy, of such third party. We do not endorse, guarantee, provide any representations or warranties, or assume any responsibility or liability for any products or services provided by such third-party providers.

8. REPRESENTATIONS AND WARRANTIES

8.1 Your Representations and Warranties. In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to us that:

(a)  you are at least eighteen (18) years old and have reached the age of majority in the jurisdiction where you reside;

(b)  you are using the Platform in a jurisdiction where access to, and use of, the Platform (or any part thereof) is not prohibited or illegal;

(c)  you are using the Platform in a jurisdictions where sports wagering is legal or where it is lawful to use the materials and content on the Platform in sports wagering;

(d)  all information you provide to us is accurate and complete, including, without limitation, your age and residency information provided for your Credentials;

(e)  you understand the contents of these Terms and have had the opportunity to obtain legal advice with respect to these Terms before agreeing to be bound by them; and

(f)  you have the capacity and authority to enter into and perform your obligations under, these Terms.

9. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

9.1  DISCLAIMER OF WARRANTIES​. YOU AGREE THAT YOU USE THE PLATFORM AT YOUR OWN RISK. THE PLATFORM INCLUDING THE ASSOCIATED PRODUCTS AND SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INPLAYLIVE HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE PLATFORM OR SUCH PRODUCTS AND SERVICES. WITHOUT LIMITING THE FORGOING, THE PLATFORM AND PRODUCTS AND SERVICES ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE PLATFORM WILL FUNCTION WITHOUT ERRORS, INTERRUPTION, OR DOWNTIME.

9.2  LIMITATION OF LIABILITY​. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INPLAYLIVE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “​REPRESENTATIVES​”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF INPLAYLIVE, OR INPLAYLIVE’S REPRESENTATIVES​, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR GREATER CERTAINTY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INPLAYLIVE, AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANYTHING WHICH RESULTS FROM:

(a)  YOUR USE OF OR RELIANCE ON THE PLATFORM;

(b)  YOUR INABILITY TO ACCESS OR USE THE PLATFORM DUE TO ANY CAUSE;

(c)  YOUR RELIANCE ON CONTENT, THIRD-PARTY CONTENT, OR INFORMATION MADE AVAILABLE ON THE PLATFORM;

(d)  YOUR USE OF PRODUCTS OR SERVICES SOLD OR MADE AVAILABLE THROUGH THE PLATFORM;

(e)  YOUR LIVE WAGERING ACTIVITY;

(f)  ANY ACT YOU TAKE OR FAIL TO TAKE AS A RESULT OF YOUR USE THE PLATFORM;

(g)  ANY OTHER MATTER RELATING TO THE PLATFORM.

9.3  Liability Cap. WITHOUT LIMITING THE GENERALITY OF SECTION 6.2, IN NO CIRCUMSTANCE WILL INPLAYLIVE OR ITS REPRESENTATIVES’ AGGREGATE LIABILITY UNDER THESE TERMS EXCEED ONE HUNDRED CANADIAN DOLLARS IN ALL CASES.

9.4  Limitation Period. ​ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF THE PLATFORM MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9.5  Security Breach. inplayLIVE strives to keep your personal information and Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information or Account. If you believe that a security breach is occurring, or will occur, you must notify us immediately. BY USING THE PLATFORM YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE INPLAYLIVE AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, FAILURE, OR SHORT COMING OF THE SERVICES.

9.6  Legal Limitation. Notwithstanding any other provision of these Terms, if applicable law limits or prohibits the application of sections 9.1 to 9.5, then inplayLIVE and its Representatives liability will be limited and excluded to the maximum extent permissible.

9.7  Indemnification​. You agree to defend, indemnify, and hold harmless inplayLIVE and its Representatives (as that term is defined in section 9.1 above) from and against any and all claims, proceedings, suits, disputes, demands, threats, actions, obligations, liabilities, costs (including legal and accounting fees), damages, losses, penalties, fees, expenses, and injuries arising or resulting from: (a) your use of the Platform; (b) your breach of these Terms; (c) any violation of any right of, or harm or loss of, any person caused by you; or (d) your violation of any law, regulation, order, or by-law. inplayLIVE reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of inplayLIVE. You will co-operate as fully as reasonably required in the defense of any indemnified claim.

9.8  Local Laws. You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Platform, and are solely responsible for obeying those laws. You agree inplayLIVE and its affiliates cannot be held liable if laws applicable to you restrict or prohibit your participation. inplayLIVE and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in any Courses offered on the Platform nor shall any person affiliated, or claiming affiliation, with inplayLIVE and its affiliates have authority to make any such representations or warranties.

9.9  Reliance​. You understand and agree that we are making the Platform available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your Account or suspension or termination of use of, or access to, the Platform.

10. DISCLAIMERS RELATING TO WAGERING AND THE PRODUCTS

10.1  No Gambling Services. inplayLIVE is not a gambling site, and does not accept or place wagers of any type. All information provided on the Platform and through the Courses is for informational and entertainment purposes only, and you should not construe any such information or other material as legal, tax, investment, financial, or other advice. If you intend to use the Platform for any purpose related to Live Wagering, or any other form of gambling or wagering money or items of value on the outcome(s) of sports games or contests, you acknowledge that inplayLIVE provides no assurances whatsoever regarding the accuracy of the information provided through the Platform, especially regarding the effectiveness of information provided through the Platform as applied to wagering. You acknowledge the significant risk for personal loss that may result from basing wagering decisions on information provided on the Platform, and you agree that you will not interpret information provided on the Platform as a recommendation or encouragement by inplayLIVE for you to gamble or take part in any unlawful activities.

10.2  Wagering Lawful in Your Jurisdiction. inplayLIVE does not endorse or encourage illegal gambling, and you are prohibited from using the information and content provided on the Platform if doing so is unlawful in your jurisdiction. The Platform is only intended for use in jurisdictions where sports wagering is legal or where it is lawful to use the materials and content on the Platform in sports wagering. IF SPORTS WAGERING IS NOT LAWFUL IN YOUR JURISDICTION, YOU MAY NOT ACCESS OR USE THE PLATFORM OR ANY OF THE PRODUCTS. You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Platform, and are solely responsible for ensuring that your participation in Live Wagering, or other sports wagering, if you choose to so participate, is permitted under those laws. inplayLIVE and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in Live Wagering in your jurisdiction, and without limiting the generality of Section 9.2, inplayLIVE, and its representatives, shall not be liable for anything which results from your violation of laws governing Live Wagering in your jurisdiction. Any use of the information and content provided on the Platform in violation of federal, state, provincial or local laws is strictly prohibited.

10.3  Wagering Risk. inplayLIVE hereby expressly disclaims any guarantees or warranties relating to your ability to achieve results or earn any money with the ideas, information, programs or strategies presented on the Platform. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of inplayLIVE Products, and that we have not authorized any such projection, promise, or representation by others. Live Wagering carries substantial risk, and you may lose the entire amount you wager. Live Wagering should only be undertaken by individuals whose financial resources are sufficient to enable them to assume such risk and who can afford a total loss of the amount wagered. Don’t bet what you can’t afford to lose. You can lose everything.

Seek help immediately if you think you may have a gambling problem. Numerous organizations and programs can assist you in managing problem gambling, including ​Gamblers Anonymous​ and the ​National Council on Problem Gambling​.

10.4  Sole Responsibility. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Platform before making any decisions based on such information or other content. In exchange for using the Platofrm, you agree not to hold inplayLIVE or its affiliates liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the Platform.

10.5  Testimonials and Illustrative Results. Any earnings or income statements or examples or testimonials presented on the Platform are only estimates, projections, or past results, and should not be considered exact, actual or as a promise of potential earnings. Such results are not typical, and we make no guarantee or warranty, whether express or implied, that you will duplicate them. All such numbers are illustrative only and individual results will vary.

11. TERMINATION

11.1 Termination of Your Account. You may terminate your Account by emailing us at inquiries@inplaylive.com with your deletion request and following the instructions we provide you. We may terminate or disable (either in full, or in respect to certain features) your Account at any time and for any reason or no reason whatsoever in our sole discretion without notice to you, including if you breach these Terms or we suspect you have done so, or that your Account’s security has been compromised.

11.2  Effect of Account Termination. If we or you terminate your Account, you will lose access to all information and materials that were stored in your Account. Additionally, you will lose the ability to use certain features of the Platform, including the ability to access the Courses. If you have previously purchased a Course, and your Account is terminated, you will immediately lose access to such purchased Course, and you must promptly destroy all Course content and all other materials and content downloaded or otherwise obtained through the Platform, as well as copies of such materials, whether made in accordance with these Terms or otherwise.

Although your Account is terminated, we reserve the right to retain information and content associated with your Account for purposes of archive, back-up, audit, and investigation, and also for legal compliance. To completely delete your Account, you must make a specific deletion request to ​inquiries@inplaylive.com​. Deleting your Account will not release you from any prior obligations incurred hereunder.

11.3  Cancellation and Removal from Private Community Group. A member can cancel their monthly subscription anytime. In the event that a member cancels, they will instantly lose access to the private community group.

11.4  Termination of Platform. inplayLIVE may terminate these Terms or stop providing the Platform to you at any time in its sole discretion.

12. DISPUTES

12.1 Arbitration​. If the courts in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to these Terms will be instituted exclusively in the courts of the Province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Otherwise, you agree that in the event of any dispute between you and inplayLIVE arising out of or relating to these Terms, the Platform, Products, or the relationship between inplayLIVE and you, that you and inplayLIVE shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and inplayLIVE. If you and inplayLIVE do not reach settlement within a period of 60 days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order. Notwithstanding the foregoing, inplayLIVE may seek injunctive or other equitable relief to protect its rights, and for any other purpose, in any court of competent jurisdiction.

You may opt out of the above arbitration clause. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and inplayLIVE arising out of or relating to these Terms, the Platform, Products, or the relationship between inplayLIVE and you. To opt out, you must, within 30 days of accepting these Terms, deliver to inplayLIVE a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms. The statement must contain: (a) your name; (b) your address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:

InplayLIVE Media Inc.
inquiries@inplaylive.com

If you opt out of the arbitration clause in the manner provided above, then, unless the first sentence of this section 11.1 applies to you, you irrevocably agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or related to these Terms, the Platform, Products, or your relationship with inplayLIVE.

12.2  Waiver​. ​You agree to waive any right you may have to commence or participate in any class action against inplayLIVE related to any claim and, where applicable, you also agree to opt out of any class proceedings against inplayLIVE. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.

12.3  Trial by Jury Waiver. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to any dispute you may have with inplayLIVE.

13. PRIVACY

13.1 Privacy. We take your privacy seriously. To find out about how we collect, share and use your content and information, please read our ​Privacy Policy​. The Privacy Policy forms part of these Terms and is incorporated by reference.

14. GENERAL

14.1  Consumer Rights.​ Nothing in these Terms affects consumer rights that, pursuant to applicable law, cannot be limited or waived.

14.2  Survival. Articles 5, 6, 8, 9, 10, 11, 13 and all other provisions of these Terms which must survive termination of these Terms to fulfill their purpose will survive termination of these Terms or the termination or suspension of your Account.

14.3  Entire Agreement. These Terms, which incorporates any applicable Privacy Policy, constitute the entire agreement between you and inplayLIVE with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

14.4  Assignment. We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under these Terms to any person.

14.5  No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.

14.6  Severability. ​To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms are held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

14.7  Governing Law. The courts in some countries or provinces will not apply the law of British Columbia to some types of disputes. If you reside in one of those countries or provinces, then where British Columbia law is excluded from applying, your country or province’s laws will apply to such disputes related to these Terms. Otherwise, these Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14.8  Headings. Headings are for convenience only and shall not affect the interpretation of these Terms.

14.9  Currency. References to dollar amounts in these Terms and on the Platform are in United States Dollars unless otherwise stated in writing.

14.10  Language. The parties acknowledge that they have required that the Terms, and all related documents be prepared in English​. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais​. If these Terms are translated into another language, the English language text shall in any event prevail.

14.11  Interpretation. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”.

14.12  Enurement. These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.

14.13  Notice. Any notices to be provided to inplayLIVE pursuant to these Terms may be provided by email at the following email address ​inquiries@inplaylive.com​.

14.14  Further Assurances. You agree to provide such further documents or instruments, and take such further actions, reasonably requested by inplayLIVE, to effect the purposes of these Terms and carry out its provisions.

14.15  Force Majeure. In no event will inplayLIVE be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent that such failure or delay is caused by any circumstances beyond inplayLIVE’s reasonable control, including acts of God, flood, fire, public health emergency, earthquake, tsunami, war, terrorism, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including restrictions passed as a result of a public health emergency.

14.16 Relationship of the Parties​. Each party to these terms is and shall remain at all times an independent contractor. Nothing in these Terms shall be construed to create any association, partnership, joint venture, agency, fiduciary, or employment relationship between you and inplayLIVE for any purpose, and neither party has the authority to contract for or bind the other party in any manner whatsoever.