i. The website www.mojo.com (the “Mojo Website”) and the mobile, tablet and any other Mojo apps (all of which together are referred to as the “Mojo Wagering Apps”) are operated and controlled by Mojo Interactive, Inc. (“Mojo”), pursuant to the oversight, regulatory requirements, and licensing of the New Jersey Division of Gaming Enforcement. The Mojo Wagering Apps will be collectively referred to herein as the “Wagering Apps.” The use of the Website and the Wagering Apps is subject to all applicable New Jersey state and United States federal regulations. You will be required to establish an account in order to use the service offered by Mojo.
ii. References in these Terms to “Mojo,” “Mojo,” “we,” “us” or “our” will be to Mojo Interactive, Inc. Mojo is approved by the New Jersey Division of Gaming Enforcement to operate a mobile sports wagering operation for the purpose of Internet and mobile sports wagering in New Jersey.
iii. References to “You,” “you” or “Patron” will be to the Patron interested in creating an account or Patrons who have created an account with Mojo for purposes of utilizing Mojo’s Wagering Apps.
iv. Together, the Website and the Wagering Apps are referred to collectively herein as the “Mojo Services” or the “Services.”
i. By visiting the Website or the Wagering Apps and registering/opening an Account, or by registering and/or using the Services, you understand and agree to be bound by the following:
a. these Terms;
c. the House Rules; and
d. all such other of our terms and conditions, rules or policies as they relate to any applicable Services, promotions, bonuses, special offers or any other condition of your use of the Services from time to time and are deemed to have accepted and understood all of the above.
ii. All of the terms and conditions, rules and policies referred to in Section 2(i) shall be collectively referred to as the “Terms”.
ii. By accessing, using or otherwise participating on the Services, you accept and agree to be legally bound by these Terms, whether or not you sign-up as a member of the Services. If you do not agree to accept and be bound by the Terms, please discontinue your use of the Services and the Website and Wagering Apps. It is important that you review these Terms regularly. We may impose limits on certain features, activities, offers, promotions or services and may restrict, suspend, terminate your access to the Services or your ability to participate in activities, offers, promotions or Services, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.
iv. If you wish to confirm the version of the terms and conditions you accepted at the time of registration or would like to receive a copy of those Terms and Conditions please contact us.
i. Mojo reserves the right to amend the Terms at any time, as may be required for several reasons, including, without limitation, for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. Where we wish to make material changes to the Terms, you will be notified of material changes before they come into effect, and will be asked to accept the new Terms, should you desire to continue to access the Wagering Apps. Any such revision will be binding and effective from such date as is specified in such notice. The Company will log you out of the Wagering Apps and ask you to accept the new Terms upon material changes. The date on which each relevant document comprising the then current Terms came into (or will come into) force will be as stated in the date contained at the top of the Terms and Conditions page. Please check these Terms frequently for updates.
ii. Mojo may, in its absolute discretion, alter or amend or withdraw any Wagering or gaming from the Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Wagers, and/or Services.
iii. Mojo may also at its discretion engage new or alternative third-party service providers with respect to any of its Services. By registering or playing with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties as they may be amended from time to time, including, but not limited to, any change to the third-party service provider itself.
i. Excluded Persons
The following people are not permitted to establish an account with Mojo (each an “Excluded Person”):
a. Any individual placing a mobile sports wager as an agent or proxy for another individual;
b. Except as otherwise stated elsewhere in these Terms, an Employee of the Company or an Immediate Family Member of such Employee (for purposes of these Terms, an "Immediate Family Member" means any domestic partner and relative of the employee who resides at an employee's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses);
c. A person identified to the New Jersey Sports Gaming Commission by a sports governing body that the Commission agrees is a person who should be a prohibited sports bettor;
d. Any principal, key employee or casino gaming employee of a casino and its affiliates, except as may be permitted by the New Jersey Sports Gaming Commission;
e. Any non-gaming employee at the casino that hosts the server or other equipment of a mobile sports wagering licensee;
f. Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a casino sports wagering licensee if such person is directly involved in the operation or observation of sports wagering, or the processing of sports wagering claims or payments;
g. Any employee of a mobile sports wagering licensee and its affiliates, except as may be permitted by the New Jersey Sports Gaming Commission;
h. Any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a mobile sports wagering licensee if such person is directly involved in the operation or observation of mobile sports wagering, or the processing of mobile sports wagering claims or payments;
i. Any person subject to a contract with the New Jersey Division of Gaming Enforcement if such contract contains a provision prohibiting such person from participating in sports wagering;
j. Any spouse, child, sibling or parent residing in the principal place of abode of any of the foregoing persons where the foregoing person is prohibited from participating in mobile sports wagering;
k. Any officer or employee of the New Jersey Division of Gaming Enforcement;
l. Any minor; and
m. Any person on any exclusion list.
n. Any professional athlete or 10% or greater owner of a professional sports team (please see (v) below for more information).
ii. Underage gaming
PLEASE NOTE THAT ANYONE UNDER THE AGE OF 21 YEARS OLD FOUND TO BE USING THE SERVICES, AS WELL AS ANYONE WHO FACILITATES SOMEONE UNDER THE AGE OF 21 YEARS OLD USING THE SERVICES, WILL BE REPORTED TO LAW ENFORCEMENT AND WILL BE SUBJECT TO OTHER LEGAL PENALTIES. UNDERAGE GAMBLING IS A CRIMINAL OFFENSE AND ANYONE WHO FACILITATES GAMBLING BY A PERSON UNDER THE AGE OF 21 HAS COMMITTED A CRIMINAL OFFENSE AND SHALL BE PROHIBITED FROM INTERNET GAMING.
Mojo takes its age-verification responsibilities very seriously. We carry out age-verification checks on all Patrons at the time of Account establishment. We may ask for information to verify your age and identity and can restrict or suspend your Account until your age is confirmed. By signing up for an Account (defined below), you consent to our confirmation of your age and identity.
iii. Pre-Conditions. In order to register a Mojo player account (an “Account”) with us, you hereby agree, represent and warrant that:
a. You are at least twenty-one (21) years of age. It is an offense for anyone under the age of twenty-one (21) to open an Account or to gamble with Mojo. We reserve the right to request proof of age documentation from any applicant or Patron at any time and to void any wagers made by or on behalf of minors;
b. You agree to provide accurate registration information when opening your Account, including, without limitation, your correct date of birth, your social security number, your current address, email address and personal telephone number. You further agree to inform us of any changes in such details;
c. You acknowledge that you are opening a non-transferrable Account with Mojo solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party;
d. You will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party;
e. You are entirely responsible for complying (and that you comply) with your own local, national, federal, state or other laws concerning Wagering and gaming prior to opening an Account, placing any Wagers, stakes or wagers (together “Wagers”) or using the Services. In particular, if you are located outside of the State of New Jersey, you must not: (i) attempt to use the Services; or (ii) use your payment card or other payment method to undertake Wagering or gaming with us;
f. You are legally capable of entering into binding contracts, including these Terms and each subsequent Wager (which shall be governed by these Terms);
g. You are not prohibited for any reason from Wagering with us or from using the Services; and
h. You are not currently subject to self-exclusion from a Mojo account and neither we nor any other operator has excluded you, from gambling.
iv. No Use Outside of New Jersey
There are certain Federal prohibitions and restrictions regarding Internet gaming (i.e. 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§3163 through 3167 (Unlawful Internet Gambling Enforcement Act)). It is a federal offense for persons physically located outside of New Jersey to engage in Internet wagering through a New Jersey mobile sports wagering license holder. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Services outside of the State of New Jersey. Mojo shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Services.
v. Prohibited Mojo Participants
Any person whose participation may undermine the integrity of wagering on a sports event or the conduct of such sports event itself is prohibited from wagering on such sports event (“Prohibited Mojo Participant”). This includes: any athlete, player, coach, referee or other game official, physician, trainer, sports agent, owner or employee or independent contractor of a team, player union and umpire union personnel, and employee, referee, coach or official of a sports governing body, team employee or governing body employee, in any sports event overseen by such person’s sport’s governing body; any athlete whose performance may be used to determine, in whole or in part, the outcome of mobile sports wagering; any person with access to material, non-public confidential information about a Player on the Mojo Platform or sports event that is the subject of such wagering; and any person who holds a position of authority or influence sufficient to exert influence over the participants in a sports event that is the subject of a mobile sports wager.
vi. Changes to any Pre-Conditions of Section 4
In the event that there are changes to any of the pre-conditions listed in Section 4, such that after opening an Account with Mojo a Patron becomes an Excluded Person or a Prohibited Mojo Participant, or the Patron no longer satisfies one or more of the Preconditions to opening an Account described in Section 4, that Patron shall contact Mojo to inform Mojo of the change. Mojo will then cancel any outstanding Wagers the Patron may have, and will return to that Patron any and all money they initially Wagered, in addition to any deposits they may currently have in their Account.
vii. Violation of Section 4
In the event that you are found to have breached any of the terms in Sections 4.1, 4.2, 4.3, 4.4 or 4.5:
a. We may cancel any Wager you may have placed;
b. We may close your Account and return deposits to you;
c. We may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.
i. In consideration of our accepting your application to establish an Account, you represent (and acknowledge that we may rely on these representations) as follows:
a. You have read and agree to abide by all of these Terms;
b. You are not an Excluded Person;
c. You are twenty-one (21) years of age or over, of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us;
d. You agree to provide accurate Account opening information, including, without limitation, your correct date of birth;
e. You will not allow any other person to access or use your account with Mojo;
f. You will refrain from wagering on Mojo unless you are physically present in the State of New Jersey;
g. You consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of your Internet or mobile gaming;
h. You consent to the monitoring and recording by the New Jersey Division of Gaming Enforcement of any wagering communications and geographic location information; and
i. You acknowledge that Mojo reserves the right to report unusual or suspicious activity to the proper authorities.
ii. It is the responsibility of each Patron to ensure that all personal details are current and up-to-date, as failure to do so may result in Wagers or payments being declined or payments being issued incorrectly. You can update your personal details via the Website, by chat, by telephone, or the Wagering Apps.
iii. Only one (1) Account is permitted per Patron. Mojo reserves the right to close any duplicate Accounts and to cancel any Wagers on duplicate Accounts. Mojo also reserves the right to suspend or close any Account and cancel any associated Wagers where the Account holder and the owner of the funding instrument are not the same.
iv. Employees of Mojo may not open an Account or register on the Website or for any of the Services, whether in their own name or on behalf of a fellow employee, friend, relative or anyone else.
vi. In consideration of our allowing you to register for an Account, you represent (and acknowledge that we will rely on these representations) as follows:
a. Your participation in sports wagering is personal and not professional;
b. You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to any relevant governmental or taxation authority;
c. You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment, and telecommunications networks, and Internet access services, and of all other consents and permissions that you need to use in order to access our Services;
d. You fully understand the methods, rules, and procedures of the games and sports wagers, and, where and when appropriate, will seek advice or help when using our Services;
e. You will place all wagers through the various Patron interfaces provided on our Websites and/or Wagering Apps and you will not wager through other means, including a robot player or equivalent mechanism (a “Bot”). The use of programs designed to automatically place Wagers within certain parameters (i.e., Bots) is not permitted on any part of the Website;
f. You will not choose a nickname and/or alias that is defamatory, offensive, pornographic or in any way intended to impersonate another real person or brand. Mojo reserves the right to amend your nickname and/or alias in its absolute discretion if it believes you have breached this representation;
g. You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in relation to any ‘chat’ or ’forum’ facilities we provide and you accept that any postings made by you can be passed on to the relevant authorities should we deem this appropriate;
h. You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other Device (defined below) you are using to access the Services or otherwise take steps to prevent us from correctly identifying the actual IP address of the Device you are using while accessing the Services; and
i. You accept and agree to abide by the of the Services, and any rules and terms for any promotions or loyalty programs in which you participate as set out on the Services from time to time.
i. Mojo will take reasonable steps to prevent unauthorized access to your Account information. You are responsible for maintaining the security and confidentiality of your Account. In particular, you agree to keep your username and password strictly confidential. You are responsible for any misuse of your password. We are entitled to assume that deposits and payments are made by you. You should change your password on a regular basis and never disclose it to any third party. You undertake to protect your username and password in the same way that you would in respect of your bank cards. Any failure to do so shall be at your sole risk and expense. If a third party accesses your Account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you, and you hereby indemnify Mojo and hold Mojo harmless against all costs, claims, expenses, and damages howsoever arising in connection with the use of or access to your Account by any third party. You will not attempt to sell or otherwise transfer the benefit of your Account to any third party, nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party. Subject to the foregoing, Mojo will not be liable for any loss that you may incur as a result of misuse of Patron names or passwords or from any unauthorized use of your Account, whether fraudulent or otherwise. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with the use of, or access to, your Account by any third party as a result of your negligence, breach of these Terms, fraud, dishonesty or criminal activities.
ii. Please contact us as soon as is possible if you have lost or forgotten your Account details. You agree to inform us as soon as is possible (by telephone, where possible) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
iii. To retrieve a forgotten password, you can click on the “Forgot Password” link on the login page. When you click on the link, you will be asked to insert your email address. You will be emailed a link that will direct you to a change password page. Upon changing the password, you will be directly logged in.
iv. You have the option of enabling strong authentication on the Patron Protection Page. When you enable strong authentication, upon login, you will be prompted to answer two security questions in addition to being prompted to enter your password. The Patron Protection Page provides account security tools and information, such as a description of what strong authentication is and how a player may enable it. It also includes responsible gaming information and links to resources as required by the New Jersey Division of Gaming Enforcement. The Patron Protection Page describes tools Patrons can employ to limit play and also the process to self-exclude.
v. We recommend that you disable any automatic password memory in your browser prior to using the Services. This will help to limit the risk to you of unauthorized use of your Account.
vi. You are responsible for configuring your client terminal's auto-lock feature to protect the client terminal from unauthorized use.
vii. Mojo reserves the right to refuse to register you as an Account holder, either with or without cause. Mojo reserves the right to suspend or terminate your Account at any time, either with or without cause, upon notice. Following termination or suspension of your Account, we will try, in the normal course of events, to comply with any valid contractual obligations made in accordance with these Terms.
To make Wagers on the Services, you need to deposit funds in your Account. Funds deposited via a payment provider may take a few days to clear before they appear in this Account, during which time they will be held in the account of the relevant payment provider. During this time between when a deposit is initiated by you but your deposit funds have yet to clear from your payment provider, Mojo will allow you to use the Services and wager up to the lesser of $1,000 or the amount of the deposit that you have initiated.
When a Patron attempts to deposit funds into their account via a debit/credit card, or via ACH transfer, the amount that Patron deposits will be available and accessible instantly, up to $1,000. Until these deposit funds are confirmed however, a Patron will not be able to cash out of a Wager they have placed, for any reason. If a Patron’s deposit fails, any transaction made with the funds that were made instantly available to that Patron may be voided by Mojo. If a Patron attempts to deposit more than $1,000, only the first $1,000 will be accessible instantly. The rest of the Patron’s funds will only be available for Wagering purposes once that Patron’s bank has confirmed the availability of such funds. Again, until all such deposit funds are confirmed however, a Patron will not be able to cash out of a Wager they have placed, for any reason
The funds in your Account are held on your behalf to satisfy any payment obligations you may incur as a result of making sports wagers on the Services, or using any of the other products or services supplied by Mojo, and will not be available to creditors other than you, whether in a bankruptcy proceeding or otherwise. Please note that interest is not payable on the funds held in your Account.
In connection with making a deposit, you represent that:
a. All money that you deposit in your Account originates from a payment source of which you are the legal owner;
b. All money that you deposit in your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and
c. All payments made into your Account are authorized and you will not attempt to reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability. You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which Mojo deems suspicious may be reported to the appropriate authorities.
Deposits to your Account can be made using several different and convenient ways, including:
d. ACH (electronic checking or direct deposit): electronic transfer of funds between your bank account and your Player Account.
e. CASH AT CAGE: cash deposit at any cage at Tropicana Atlantic City Boardwalk Resort and Casino.
ii. Chargeback Fees
You are fully responsible for paying all monies owed to Mojo. You agree that you will not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made and you will reimburse Mojo for any chargebacks, denial or reversal of payments you make and any loss suffered by Mojo as a consequence thereof. Mojo may, at its sole discretion, cease to provide the Services or withhold payment to certain Patrons. Each charge-back transaction that you initiate with your bank will be assessed a $5.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed. Any chargeback that you initiate requiring pre-arbitration proceedings will further be assessed a $500.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed. Patrons’ Accounts will be frozen until these chargeback fees are paid by Patron, should such fees apply. See Section 16 below for more on Chargebacks.
We have policies in place and a number of controls and checks that take place before any withdrawal request is processed. These checks are part of our ongoing commitment to maintaining the security of our Patrons’ funds and preventing any unauthorized withdrawals. Withdrawals from your Account can be requested via ACH or check, or via a cash withdrawal from any cage at Tropicana Atlantic City Boardwalk Resort and Casino. ACH withdrawal requests will be processed within five (5) business days. Check withdrawals will be mailed within fourteen (14) business days via the United States Postal Service to the account address. The availability of withdrawn funds is subject to standard banking restrictions.
i. Subject to the deposit rules in section 7(i) above, Patrons can only Wager up to the lesser of:
a. the amount held within their Account or allowed by their bank;
b. any limits set forth by the Patron;
c. any limits set by Mojo in its sole discretion (the minimum and maximum wager per selection is determined exclusively by Mojo and is detailed on screen)
ii. Mojo reserves the right to accept or decline the whole or part of any proposed Wager.
iii. You acknowledge a commission may be paid to Mojo when any of following occurs:
a. You open a position by purchasing Shares of a Player;
b. You settle a position either by (i) selling Shares of a Player; or (ii) Your position in a Player is subject to Automatic Settlement (per the House Rules)
Mojo, in its sole discretion, will determine when and if a commission payment will apply to the scenarios described in subsections a and b above. The amount of commission payable to Mojo under subsection “b” above may vary depending on
the length of time that has elapsed between when a Patron opens a position, and the later settlement of that same position.
At all times, Patrons will be notified of the terms of the commission structure due on a specific Wager related to subsections “a” and “b” above, prior to submission of that Wager.
iv. Each Wager will be given an individual confirmation number. Wagers will be valid (subject to meeting the criteria for placing a Wager in the Terms) if accepted by Mojo, whether or not the Patron receives the Wager code. We are not liable for
the settlement of any Wagers where we have not issued a written confirmation of acceptance of the Wager or where we are unable to display that Wager in the ‘My Account’ pages of the Services. It is the Patron’s responsibility to ensure that all
of the details of their Wagers are correct. Once a Wager has been confirmed by Mojo, that Wager cannot be cancelled by the Patron. If you have any concern as to whether your Wager has been accepted, please log in and go to the ‘My Account’ pages of the Services where details of all live Wagers you have entered into will be displayed.
v. You must exercise your own judgement in placing a Wager and you hereby confirm that you have not relied on the advice of any Mojo employee relating to any Wager.
vi. You agree to pay us for all Wagers that are placed with Mojo using your Account.
vii. Wagers must be made via the Websites or via the Wagering Apps.
viii. Please familiarize yourself with Wagering and gaming terminology and how the various Wagers and games are operated. If you have any questions relating to the foregoing, please review our house rules or contact us. Mojo cannot accept any
responsibility if you place a Wager in circumstances where you do not fully understand any of the terms involved or how the Wager or game is operated.
ix. On occasion the prices available across the various Services may not be the same - for example, a price on the Mojo Website may not be the same as those prices available on other sites/apps. Mojo accepts no liability for the fact that a Patron could have obtained a different price through a different gaming operator.
x. Guaranteed prices and other special offers or promotions are available at the discretion of Mojo and can be restricted on an individual Account basis at any time.
xi. Mojo is not responsible for any taxes that may be payable by you on any Wagers, winnings or otherwise.
xii. Mojo reserves the right to void any or all Wagers made by any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to collude against or defraud Mojo.
xiii. Mojo may, at its sole discretion, exclude any Patron from the Services generally or from receiving selected promotions (e.g., guaranteed best price; bonuses; free Wagers; enhanced prices; and money-back specials) and any other promotions
and offers introduced by us from time to time.
xiv. In the event of there being a dispute over the time at which a Wager was placed or whether a Wager has been placed, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted Wager
was not recorded on the transactional log, no Wager shall be deemed to have been placed. You should check your Account balance each time you visit the Services.
xv. It is a condition of our acceptance of Wagers from you, and by offering to place a Wager with us you represent and warrant, that:
a. You are not prohibited from entering into the Wager by any term of your contract of employment, these Terms or any rule of a sport governing body or other professional body of which you are a member, which applies to you;
b. Where a Wager is placed on a Player on the Mojo Platform, you do not know the outcome of an event that the Player is participating in;
c. You are not misusing Inside Information (as defined in Section 8(xx)) to place a Wager; and
d. You are not a Prohibited Sports Wagering Participant as set forth in
Section 4(v) above.
xvi. In the event of any representation made by you in Section 8(xv) proving to be false, Mojo reserves the right to void all Wagers made by you and suspend your Account. Additionally, Mojo shall not be obliged to pay any winnings which might otherwise have been payable in respect of any Wager made by you.
xvii. In the event of a warning being received by Mojo in relation to suspicious or irregular Wagering patterns and possible instances of event manipulation, Mojo reserves the right, in its absolute discretion, to:
a. Suspend its offering in any of its markets or Players, if Mojo believes, in its sole discretion, that the manipulation that has occurred is applicable to those markets and/or Players, or that a Player that is available on Mojo’s platform is involved in an event in which the manipulation has occurred; and
b. Delay and/or withhold payment on any Player until the integrity of an event or series of events in which the Player was involved has been confirmed:
i. by the relevant sports federation or governing body (where applicable); or
ii. by Mojo using its reasonable discretion.
xviii. Further, in the case of active event manipulation being confirmed as having taken place on any event or series of events (by the appropriate sports governing bodies or by any other means), Mojo reserves the right, in its absolute discretion, to
suspend any Wagers placed on Players involved in such events, either by any individual identified as having misused Inside Information (defined in Section 8(xx)) or by any other individual who in the reasonable opinion of Mojo is connected to, acting in conjunction with, or in any way involved with such individual or the event manipulation.
xix. We reserve the right to refuse or limit any Wagers or bonuses (for example by setting minimum and maximum amounts which will be set out in the House Rules, or by setting wagering requirements), or change such limits, at our sole discretion for any reason whatsoever without any obligation to provide you with notice.
xx. “Inside Information” means any information which has not been made public and, if it were made public, would be likely to have a material effect on the relevant market relating to the event.
Suspension or termination
xxi. Without restricting our ability to rely on other remedies that may be available to us, we may suspend or terminate your Account and/or cancel any Wagers placed by you at our absolute discretion if:
a. We suspect that you:
i. Are engaging in illegal or fraudulent activity while using our Services;
ii. Are breaching any term of these Terms, including the House Rules;
iii. Are taking unfair advantage over us or any other Patron or are otherwise acting in an unfair manner (for example, by exploiting a fault, loophole or error in our software, by collusion or by any other means);
iv. May be having difficulties obtaining credit, have become bankrupt or that you may have self-excluded; or
b. We are required to do so by law.
xxii. Irrespective of whether we suspend or terminate an Account and notwithstanding any other provisions in these Terms, we may decide to cancel or void any Wagers at our absolute discretion where:
a. There is a technological failure; or
b. Where in our judgment, acting reasonably, there is a manifest error in the terms of a Wager offered to, or placed by, any party.
xxiii. If you have a question relating to your Account, it is your responsibility to notify Mojo at the earliest opportunity, providing as much information as Mojo may require.
xxiv. Following termination or suspension of your Account, we may, in the normal course of business, return any funds to you that remain in your account. However, we reserve the right to withhold the funds in your Account from you pending the
determination of any investigation (including any relevant external investigation) where:
a. We suspect you have acted in breach of these Terms or any other agreement relevant to your activities on our site, including where we suspect the Account has been linked with fraudulent or ‘suspicious Wagering’ activity (explained in Section 9); and/or
b. We are required withhold the funds in your Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
xxv. If an internal or external investigation reasonably demonstrates that you have acted in breach of these Terms, any other agreement relevant to your activities on the Website or Wagering Apps, or that your Account has been linked with fraudulent and/or ‘suspicious Wagering’ activity, we reserve the right to seize some or all of the funds in your Account. The disposition of any funds obtained by us in this manner will be at our sole and absolute discretion and/or in accordance with any advice, request, or instruction from any governmental, regulatory or law enforcement authority. In addition, if formally requested by law enforcement, gaming regulators, or taxation or other authorities, or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our internal procedures or those procedures imposed on us by the New Jersey Division of Gaming Enforcement and/or other authorities, we may suspend your Account and all functionality relating to the use of your Account (e.g. Wager management and withdrawal of funds) and withhold from you any funds in your Account pending the final determination of any criminal or other legal proceedings or investigation to which such a request may relate
xxvi. For the avoidance of doubt, at no point during any such suspension or termination period will interest accrue to you on any funds in your Account.
xxvii. Your Rights to Set Daily Limits and Exclude Yourself. You have the right at any time to set daily limits for your gaming activity or to exclude yourself from playing games or placing sports wagers on the Services. Details of how to set daily limits or to exclude yourself can be found on the Patron Protection page on the Services as applicable. Should you choose to exclude yourself, you will be opted out of all bonuses in accordance with the applicable bonus terms & conditions. Further, we will prevent targeted marketing materials from being provided to you. Any cashable balance in your Account in the amount of one (1) dollar or more will be mailed to you via a check by the 15th day of the calendar month following the calendar month in which you exclude yourself. Should the cashable balance in your account be less than one (1) dollar at the time you exclude yourself, you will automatically forfeit such balance unless you contact Customer Service within seventy-two (72) hours of completing your self-exclusion request to request a check for such balance.
xxviii. Your Right to Suspend Your Account for a Period of Time Chosen by You. You have the right at any time to suspend your Account for a period of no less than seventy-two (72) hours. Details of how to suspend your Account can be found on the Patron Protection page on the Services.
xxix. In addition to reserving certain market hours, solely during which Mojo will allow Patrons to place Wagers, Mojo further reserves the right to suspend any or all wagering, for any and all Patrons, at any time without notice. Under extraordinary
circumstances – including, but not limited to, situations when there may be reason to believe that the market has been manipulated in some way, or when there is an injury to a Player but it remains unclear as to how serious the injury is – like any
market it can be suspended for short intervals while Mojo investigates. Further, Mojo may suspend wagering when something of significance occurs or is likely to occur (ex: goal, touchdown, ejection, etc). The above examples are not exhaustive and there may be other reasons that are not listed. While a market is suspended, Patrons will not be able to place wagers and any withdrawals (“Cash Out”) may not be available. The market for a specific Player or Players may be suspended at any time, In Mojo’s sole discretion.
i. For the purpose of this Section 9, “suspicious Wagering” shall refer to situations where we have reasonable grounds to believe that a Wager or a number of Wagers have been placed under suspicious circumstances. Suspicious Wagering shall include, but not be limited to:
a. Where there is an inordinate frequency and/or highly unusual pattern of Wagers (by comparison with Wagering norms) placed on the same selection(s) in a short period of time;
b. Where the integrity of an event (or events) has been called into question, including, for example, but not limited to where one (or more) of the participants in an event displays exceptional form which we reasonably believe was known to you or someone connected to you at the time of Wager placement but was concealed from the public generally in order to gain an unfair advantage in any Wagers placed on that event (or those events);
c. Where we have reasonable grounds to suspect that a Wager or a string of connected Wagers were placed robotically, by automated means, or otherwise than through the Account holder placing each Wager manually via their Account;
d. Where we reasonably believe that you have used unfair external factors or influences connected with the event(s) the subject of any Wager(s);
e. Where we reasonably suspect that you have opened duplicate Accounts or where we reasonably suspect that second or subsequent Accounts are under common control with your Account with a view to concealing the true worth, nature or pattern of Wagers placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;
f. Where we otherwise believe, acting reasonably, that you are acting in concert with others or that you are acting other than on your own behalf; or
g. Where we reasonably believe that Wagers have been placed from a location or Device other than the location or Device which you claim to have used to place a Wager.
ii. In the case of any of the activities contemplated by Section 9(i), and without restricting our ability to rely on other remedies that may be available to us, we may, acting reasonably, and depending on the circumstances:
a. Request such further information from you as may reasonably be required by us to investigate whether the Wager or Wagers constitute suspicious Wagering for the purpose of Section 9(i);
b. Suspend or withhold payment of any amounts (or any parts thereof) pending the receipt by us of satisfactory evidence from you in order for us to determine (acting reasonably) that a Wager does not constitute a suspicious Wager as such term is referred to in Section 9(i). For example, but without limitation, where we suspect that a Wager or a string of connected Wagers may have been placed robotically or by automated means, we may require you to provide reasonable evidence that each Wager was placed manually by you via your Account. You further acknowledge and accept that we reserve the right, at our sole discretion, to collect and process any information in connection with your Wagering patterns, personal data, depositing of funds and any other related information and inquiries that will help us to investigate any suspected breach of these Terms;
c. Suspend or withhold payment of any amounts (or any parts thereof), usually for no longer than thirty (30) days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by Mojo, any sports governing body, a gambling regulator, a law enforcement authority or any other third party);
d. Void a Wager or a string of connected Wagers.
e. Where there is an inordinate frequency and/or unusual pattern of Wagers placed on the same selection(s) in a short period of time and where we have reasonable grounds to suspect that the Wagers are connected Wagers, limit the payment of winnings in respect of those Wagers (and where necessary with such limitation applied across multiple accounts) to the maximum payout for individual Wagers on any particular market or markets as set out in the House Rules.
iii. Where we have reasonable grounds to believe that you have participated in, or have been connected with, any type of suspicious Wagering, we shall use our reasonable efforts to investigate such matter, including, but not limited to, through the use of various collusion, suspicious Wagering, fraud and cheating detection practices which are used in the gambling industry.
iv. We reserve the right to terminate an Account if we reasonably suspect any of the activities described in Section 9(i) in connection with that Account.
v. Where a Wager is deemed to be, or is declared, void by us prior to an event, any sum deducted from your Account with respect to that Wager shall be credited to your Account.
vi. We reserve the right to seek to recover from you any losses we suffer that are directly or indirectly connected to any of the activities contemplated in Section 9(i). This right is without prejudice to any other rights (including common law rights) that we may have against you, whether under these Terms or otherwise.
vii. We will not be liable under any circumstances whatsoever for any loss you or any other person may incur as a result of the collusive or other behavior in breach of this Section 9. Further, we reserve the right, but shall not be obliged, to take any other actions in the case of any of the activities contemplated in Section 9.
viii. In exercising any of our rights under this Section 9, we shall ensure that we exercise such rights in a manner which is fair to you and to our Patrons generally. If you have any comments or questions in respect of this Section 9, please do not hesitate to contact Customer Service.
i. Live Wagering (or In-Play Wagering) means Wagering that takes place on a Player while an event involving that Player is in progress. In addition to the rest of the Terms, the following rules apply to Live Wagering:
a. If a Patron participates in Live Wagering during an event in which the Player the Patron is wagering on is involved, and if the event is not completed (i.e., abandoned, postponed), all accumulated stats during that event will not count towards a Player’s actual stats, and the Player’s Share Price and Mojo Value (“mVAL”) will reflect only those accumulated stats prior to the most recent abandoned or postponed game;
b. Where we have reasonable grounds to believe that a Wager is placed after the outcome of an Event is known, we reserve the right to void the Wager.
ii. Please note that in the case of Live Wagering, you may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the relevant event, including for example (but without limitation), through delayed coverage, a slow connection or equipment, or other system flaws, faults, errors or service interruption. Mojo shall not be liable for any delay in relaying up-to-date information.
iii. In addition to the rest of these terms relating to Live Wagering (which apply equally to our Cash Out functionality), the rules relating to the Cash Out feature are further described here. Please note in particular that for a variety of reasons (including for example technical issues, human error, suspicions of fraud or other improprieties and/or other issues outside of our control), Mojo cannot guarantee the availability at all times of the Cash Out functionality, even where the functionality has been advertised in connection with a particular Event or Player. Please be aware and accept, therefore, that unless Cash Out is available and successfully exercised in connection with a particular Wager, your initial Wager will, unless otherwise provided in accordance with these Terms, stand as originally placed.
iv. Cash Out prices may differ from a Player’s Share Price. All such Cash Out prices will be determined by Mojo in its sole discretion. While Mojo attempts to keep a Player's Share Price (when a Patron wants to buy a Share of a Player) and Cash Out price (when a Patron wants to sell a Share of a Player) as close as possible, there are certain circumstances that may cause a Player's Share Price to differ from that Player's Cash Out price (i.e. when a Player is injured and the extent of the injury is still unknown).
We may from time to time offer You complimentary or bonus amounts to be credited by Mojo into Your Account (“Bonus(es)”). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
Please note that we cannot control certain actions of Patrons who may undertaking fraudulent activities such as colluding with other third parties or using unfair external factors or influences. If you suspect a third party is colluding, cheating or undertaking a fraudulent activity, please let us know as soon as possible. We will take reasonable steps to prevent such unacceptable behavior. However, we will not be liable for any loss or damage which you may incur as a result of such third-party collusion, fraud, cheating or otherwise illegal activity.
i. In addition to the rest of these Terms, and all other terms and conditions that apply (such as rules relating to bonuses or particular games and/or functionalities or any other terms relating to any other Wagering App), the following terms and conditions apply to the Wagering Apps.
ii. You accept that using the Wagering Apps outside of a WiFi network may result in data charges from your mobile network provider. Mojo will not be responsible for any data charges incurred as a result of your using the Wagering Apps
i. All cleared winnings will be credited to the Patron’s Account. Please see Section 7(iii) for details on withdrawal methods.
ii. Stats will be as published and confirmed by the relevant governing body or as otherwise generally accepted.
iii. The maximum payout to any one (1) Patron regardless of size of stake or number of Wagers, is as set out in the House Rules or as specified on the Wager Receipt, whichever is the lesser sum.
iv. It is strictly the duty of the Patron to stay within the limits set out in the House Rules and Mojo will not under any circumstances pay any amounts in excess of those limits to a Patron for any purported winnings exceeding these limits.
v. We may use your Patron name and/or first name and/or initials and state and any winnings you may have had for advertising or promotional purposes without additional compensation.
vi. We report winnings to the Internal Revenue Service (IRS) and the New Jersey Department of Taxation and Finance, for any Wager which results in proceeds of $600.00 or more where the winnings are at least 300 times the amount of the wager. We also report Wagers which result in net proceeds greater than $5,000.00 where the winnings are at least 300 times the amount of the wager, and in such circumstances we withhold 24% of the net proceeds and remit such amount to the IRS. For Wagers that meet the legally required threshold in the State of New Jersey, we also withhold the percentage of the net proceeds required by law in the State of New Jersey and remit such amount to the New Jersey Department of Taxation and Finance. If you are subject to IRS reporting requirements, we will send you Form W2-G summarizing the information for tax purposes by January 31st of the year following the end of the tax year of winning.
vii. You hereby affirmatively consent to receive all your tax-related documents, including any IRS Form 1099 and/or Form W-2G electronically at the then current email address listed in your account. Tax-related documents will remain available electronically for at least one year after the date the document is first made available to you electronically.
viii. If you wish to opt out of paperless delivery of tax-related documents, please provide a written notice prior to agreeing to these Terms either: (1) by mail to Mojo Interactive, Inc., Attn: Finance Department, 20 West 22nd Street, Third Floor, New York, NY 10010; or (2) by contacting Customer Service. We may take up to 15 business days after receipt to process your request, but any valid election to opt out of paperless delivery for tax-related documents will be applied as of the date that you agreed to these Terms. In each case, your written notice should contain: (1) a statement that you are opting out of paperless delivery of tax-related documents; (2) your US tax identification number; and, (3) your full legal name. If you choose not to affirmatively consent to receive tax-related documents electronically, a paper copy of all relevant tax-related documents will be provided to you at the last updated address in your Account when the tax-related documents are issued.
ix. In addition to consenting to and obtaining electronic copies, you may request additional paper copies of your tax-related documents by contacting Customer Service. Requesting a paper copy of your tax-related documents will not be considered a withdrawal of your consent for paperless delivery. You must formally withdraw consent to begin regularly receiving a paper copy of your future tax-related documents.
x. You agree to notify us promptly if your e-mail address or other account information changes by updating your account information on the Services or contacting Customer Service. For information that is required by law to be sent to you, including Form 1099 and Form W-2G, if we receive an electronic notice that an e-mail is undeliverable due to an incorrect or inoperable e-mail address, we will resend such information via U.S. Postal Service to your address on file.
xi. You may withdraw your consent to paperless delivery of future tax-related documents by providing written notice either: (1) by mail to Mojo Interactive, Inc., 20 West 22nd Street, Third Floor, New York, NY 10010; (2) by contacting Customer Service or (3) by changing the opt-in setting on your account. We may take up to 15 business days after receipt to process your request. In each case, state that you are withdrawing consent to paperless delivery of tax-related documents, and provide your US tax identification number and your full legal name.
xiii. We reserve the right to stop paperless delivery of your tax-related documents at any time by giving you notice. If we choose to do so, we will send you paper copies of your tax-related documents.
i. Mojo makes every effort to ensure that no errors are made in prices offered or Wagers accepted. However, human and/or systems’ error may occasionally result in errors.
a. Mojo reserves the right to correct any obvious errors and to void any Wagers placed where such errors have occurred.
ii. In the case of any blatant errors in prices transmitted (including for example where the price being displayed is materially different from those available in the general market and/or the price is clearly incorrect, depending on all of the circumstances), Wagers will be settled at the correct price at the time the Wager was initially submitted and confirmed.
iii. Should funds be credited to a Patron’s Account in error, Mojo reserves the right to reverse any such transaction. In the event that Mojo is not yet aware of the error, or that Mojo fails to do so, it is the Patron’s responsibility to notify us of the error without delay. Any winnings subsequent to the error and prior to the notification to us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, Mojo.
iv. Any monies which are credited to your Account, or paid to you as a result of an error shall be deemed, pending resolution, to be held by you in trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have funds in your Account we may reclaim these funds from your Account pursuant to Section 18(ii). We will use reasonable efforts to detect any errors and inform you of any such errors relating to you, your engagement with us, or your Account, as soon as reasonably practicable.
v. As soon as you suspect or become aware of an error you shall:
a. Immediately cease play; and
b. Inform us as soon as reasonably practicable of any such error or suspected error.
vi. Where you have used funds as a result of an error which have been credited to your Account or awarded to you, and subsequently placed Wagers using such funds, we may cancel such Wagers and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such Wagers, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you.
vii. If you are incorrectly awarded any winnings as a result of (a) any human error; or (b) any bug, defect or error in the Software, then Mojo will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.
viii. By using our Services, you understand that we reserve the right to change or remove any of these Services at any time.
i. Cancellation - We may restrict your access to the Services, suspend or terminate your Account, withdraw your offers for Wagers, void any Wagers outstanding to your Account, cancel any unmatched Wagers or cancel and void any outstanding or matched Wagers in our absolute discretion without cause at any time including if:
a. There is a technological failure;
b. We suspect that you are engaging in illegal or fraudulent activity;
c. We suspect that you have (or may have) breached any part of these Terms;
d. We suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or third parties;
e. We suspect that your Account’s usage could represent ‘business usage’ (‘business usage’ includes any use by a betting operator or any use by an individual or organization supplying data or services to a betting operator);
f. We suspect that you may be having difficulties obtaining credit;
g. We have the right to do so as set out in any of our other policies;
h. You have self-excluded;
i. You are prohibited from entering into a Wager by any term of your contract of employment or any rule of a sport governing body or other professional body which applies to you;
j. You place a Wager on any sporting match or Event in which you take part;
k. A deposit of funds into your account fails for any reason whatsoever (see Section 7 above for more details).
ii. In relation to any cancelled or void Wagers, we reserve the right to hold any money in your Account relating to these Wagers to be paid to us or, if there are insufficient funds in your Account, demand that you pay us the relevant outstanding amount relating to these Wagers.
i. Mojo may be required by law to conduct certain checks on Patrons or those applying to open a new Account. Where we are required by law or otherwise determine to close an Account for a breach of these Terms, your attention is brought to the following terms:
a. All previous Wagers will be voidable at the option of Mojo and any winnings which you have accrued will be forfeited by you and you will return to us on demand any such funds which have been withdrawn from your Account; and
b. Subject to Section 17(i), any stakes for Wagers made but for which the event is not yet completed will be returned to you other than in the event of any outstanding chargebacks or any other amounts owed to us at that time.
ii. Mojo may at any time set off any amount on deposit in your Account against any amounts owed by you to Mojo.
i. Mojo reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
ii. Mojo reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
iii. You undertake that all money that you deposit in your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
i. We encourage you to enjoy legal online sports Wagering in New Jersey responsibly and sensibly. Mojo offers a range of different options that can be used to manage your gaming activity at any time. This includes tools which allow you to limit the amount you can deposit or wager, time limits to help you control how much time you spend gaming or the option to exclude yourself from Wagering for a period of time. All mentioned limits can be set in the various sections below when logged in. Visit our Responsible Gaming page here.
If you or someone you know has a gambling problem, help is available. Call (800-GAMBLER) or visit the website for the Council on Compulsive Gambling New Jersey, Inc. at www.800Gambler.org.
i. Dormant and Non-Depositing Accounts
a. Patron Accounts shall be deemed “Dormant” in the event that the Patron does not log in within a 12-month period. Dormant accounts will be opted out of all bonuses in accordance with the applicable bonus terms and conditions. Any funds in a Dormant account belonging to a Patron will be considered forfeited. Mojo will report and deliver forfeited funds from dormant accounts in accordance with New Jersey rules and regulations on forfeited funds. We will provide email notice to the email address registered to the account, advising that the Account balance will be set to zero at thirty (30) days from the notice.
b. All bonuses and winnings earned from wagering with bonuses will be forfeited from any Account to which a deposit has not been made within sixty (60) days of establishing such Account.
a. Mojo will not charge you for the deposit and withdrawal of funds to or from your Account in the normal course of events. However, some charges may apply in some cases to reflect the cost incurred by Mojo as a result of processing excessive transactions. Please note that if additional deposit and withdrawal charges become applicable to your Account, we will contact you before any charges are incurred.
iii. Statements of Account Activity
a. You can consult the “Account History” page to review all monetary transactions on your Account for the immediately preceding six (6) months. If you require a statement of activity relating to your activity, contact Customer Service with your request.
i. Please contact our Customer Service if you wish to close your Account.
ii. After your Account has been closed, it will remain closed unless and until you ask for it to be re-opened. However, we may refuse to re-open your Account in certain circumstances (including where a permanent exclusion or self-exclusion has been applied to your Account pursuant to our responsible gambling practices - see Section 18 above).
iii. Account holders who wish to recover funds held in a closed, locked or excluded Account are also advised to contact Customer Service.
iv. We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided. Any balance in your Account will be made available to you, provided that you have complied with these Terms.
v. Your sole remedy in the event of termination of your Account by us for any reason shall be the reimbursement of any undisputed Account balance you may then have (and we shall have no further liability to you whatsoever).
i. Software and Downloads
For certain of our Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, you may be required to enter into an end Patron license agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
ii. Location Services
iii. SMS Service Alerts
a. To confirm that you opt-in to location data being used to validate your location (“Location Services”), you must provide a valid cell phone number on registration. You will not be able to access the games or sports wagering menus on the Services unless you have opted into location verification. In order to receive this opt-in text message, you must have a supported carrier. If you opt out of Location Services, you will no longer be able to access the Services or sports wagering menus as Mojo will no longer be able to verify that you are physically located in the State of New Jersey. For further details regarding location or SMS services, please contact Customer Service.
b. If you wish to enable two-factor authentication on your Account in order to log in to the Websites or Wagering Apps, you may do so in your Account settings (“Two-Factor Authentication”). When Two-Factor Authentication is enabled, Mojo will send a randomly generated code via text message to your registered cell phone number each time your Account Patron name and password are correctly entered. You must enter this code on the Website or Wagering App in order to successfully access the Services or the games or sports wagering menus. In order to opt in to Two-Factor Authentication you must have a supported carrier. Should you wish to opt-out of Two-Factor Authentication, you can do so at any point by responding “STOP” to the original opt-in text message or by texting “STOP” to the short code.
c. Supported carriers for Location Services and Two-Factor Authentication include major US carriers such as AT&T, Sprint, T-Mobile, and Verizon Wireless. Additional carriers such as Boost, Cricket, U.S. Cellular, and Virgin Mobile are also supported where available. Message and data rates may apply; please check with your carrier for further details.
i. Mojo shall not be liable for any Wager not being placed for any reason or you being disconnected from the Services, including, but not limited to, failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server.
ii. You warrant, represent and undertake that you shall not knowingly or negligently interrupt, corrupt or exploit for any purposes not intended by Mojo any of the Services, including for example by:
a. Attempting to gain unauthorized access to any of the Services, the servers on which the Services are hosted or any server, computer or database connected to the Services;
b. Using any features which may affect the function or performance of the Services in any way for example (but not limited to) releasing viruses, worms, trojans or similar material that may be malicious or harmful;
c. Interfering or tampering with, removing or otherwise altering in any way, any information in any form which is included in or on any of the Services; or
d. Attacking the Services via a denial-of-service attack or any other form of attack or interference.
iii. We reserve the right to pursue you for any loss we suffer as a result of any infringement by you of any of your obligations under this Section 23. Further, please be aware that we may share your details with law enforcement authorities in the case of any criminal, or suspected criminal, activities by you.
iv. We may restrict your access to the Services, prohibit you from participating in any and/or all games, and/or prohibit you from playing in a particular game, refuse or limit any wager you make, withhold payment of your winnings, and suspend or terminate your Account in our absolute discretion without cause at any time, including, without limitation, if:
a. There is a technological failure;
b. We reasonably believe that you have breached any of these Terms;
c. You attempt to manipulate or ascertain information concerning the Software code or are involved in collusion;
d. You tamper or attempt to tamper with the Software in any way;
e. You are committing any offense, e.g., by attempting to access or accessing the games or sports wagering system from a jurisdiction where playing games or placing sports wagers is illegal; or
f. You publish any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
i. Certain of the Services may invite or permit you to upload your own content (“User Generated Content”). Mojo does not exercise editorial control over, and therefore does not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
ii. For any User Generated Content you provide, you hereby warrant, represent and undertake that such content:
a. Is an original work created by you or you have a license or the express consent of the owner to use the User Generated Content in that manner;
b. Does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
c. Does not contain any defamatory or otherwise inappropriate materials or statements;
d. Does not contain any form of malicious computer code (e.g., viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Services;
e. Complies with all applicable laws and regulations; and
f. May be used in connection with publicizing and promoting Mojo and its Services.
iii. Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free right and license to copy, exhibit, publish, distribute or otherwise use and sub-license that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on websites or in any other distribution media. You agree that Mojo may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against Mojo for its use of your User Generated Content.
iv. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees and service providers (e.g., Facebook) harmless from any liabilities, claims, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
v. If you have any issues with User Generated Content provided by any other Patron or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us at the details below. We reserve the right (but are not obliged to) to edit or remove User Generated Content. Please contact us here.
i. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Mojo, and each of its respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Mojo Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
a. The Services and any wagering activities (including the Content and the User Generated Content);
b. The functions, features, or any other elements on, or made accessible through, the Services;
c. Any products, services, or instructions offered or referenced at or linked through the Services;
d. Security associated with the transmission of your wagers, information and User Generated Content transmitted to Mojo or via the Services;
e. Whether the Services or the servers that make the Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
f. Whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
g. Whether any defects to or errors on the Services will be repaired or corrected;
h. Whether your access to the Services will be uninterrupted;
i. Whether the Services will be available at any particular time or location; and
j. Whether your use of the Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A MOJO PARTY, THE MOJO PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
i. YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE MOJO PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
ii. IF AND ONLY TO THE EXTENT THAT SECTION 26(i) DOES NOT APPLY, THE MAXIMUM LIABILITY OF THE MOJO PARTIES (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THE TERMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO THE AVERAGE BALANCE HELD IN YOUR ACCOUNT IN THE PREVIOUS SIX (6) MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN SIX (6) MONTHS).
iii. THE MOJO PARTIES (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OF OPPORTUNITY, OR LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
iv. THE MOJO PARTIES ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR WAGERS OR THE ACCEPTANCE OF WAGERS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. THE MOJO PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE WEBSITE AND YOU CONFIRM THAT THE WAGERFAIR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. THE MOJO PARTIES RESERVE THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
v. THE MOJO PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
vi. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Mojo Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
i. In exchange for the right to participate in the Services, you agree to indemnify, defend (at our option) and hold the Mojo Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any wagering transactions, the receipt, ownership, use or misuse of any winnings or while preparing for, participating in and/or traveling to or from any Services related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (ii) your User Generated Content; (iii) your use of the Services and your activities in connection with the Services; (iv) your breach or anticipatory breach of these Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services, participation in any wagering transactions, and your other activities in connection with the Services; (vi) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by you; and (viii) our use of the information that you submit to us (including your User Generated Content) (all of the foregoing, “Claims and Losses”). We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any Wager or receiving any pay-out. You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Mojo. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.
a. The Services contain a variety of: (i) materials and other items relating to Mojo and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Mojo (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
a. The Services (including past, present, and future versions) and the Content are owned or controlled by Mojo and/or our licensors and certain other third parties. All Content included on the Services is used with the permission of Mojo. All right, title and interest in and to the Content available on the Services is the property of Mojo or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
iii. Limited License
a. Subject to your strict compliance with these Terms and any Additional Terms, Mojo grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Services explicitly for you for use as part of or to be incorporated into your User Generated Content (“Mojo Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Mojo Licensed Elements are made available on the Services; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Mojo Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Mojo’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Mojo Licensed Elements, subject to certain additional terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Services for public or commercial purposes, including the text, images, audio, and video without Mojo’s written permission.
iv. Rights of Others
a. When using the Services, you must respect the intellectual property and other rights of Mojo and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Mojo respects the intellectual property rights of others.
v. Data Available on the Services
a. For the avoidance of any doubt you may use the data available from the Website and the other only as strictly required for your permitted personal, non-exclusive, non-sublicensable, non-commercial purpose of availing of the Services. Any other use and/or reproduction of the data without prior written consent of Mojo is prohibited and will constitute a breach of these Terms. Mojo reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorized use of its data or of the Website or Services.
i. Third Party Linking
a. At Mojo’s discretion, the Website or other Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Mojo of the contents on such third-party websites. Mojo is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. LINKS TO ANY SERVICES PROVIDED BY A THIRD PARTY ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES AND Mojo WILL ACCEPT NO LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR ANY OTHER LOSSES OR DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INFORMATION PROVIDED. IF YOU DECIDE TO ACCESS LINKED THIRD PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
b. Mojo generally welcomes the hyper-linking to our Website from other appropriate websites provided such links are to our homepage (and no deeper within the Website) and provided Mojo gives its written consent to the establishment of such links. Mojo reserves the absolute right to refuse to consent to such links without giving reasons. Any links to either Website from another website must be presented in such a manner that the viewing of the Website is not impaired by framing or similar techniques that may impair a browser’s experience.
c. Mojo does not permit linking from its Website or its Services to third party websites or services or the display of third party content on top of, or in addition or as an alternative to, our Website or Services without our express written consent. In particular, Mojo expressly prohibits third parties from framing, similar techniques or other acts of impairment of a Patron’s experience when they visit our Website or engage with our Services. To this end, and by your acceptance of these Terms whether as registered member or otherwise, you hereby acknowledge that where you engage in any of the foregoing prohibited actions:
i. Damages may not be an adequate remedy for any infringement and that we are entitled to the remedies of injunction, specific performance, an order to deliver up materials which infringe our intellectual property rights and any other statutory or equitable relief and that no proof of special damages is necessary for reliance on such remedies; and
ii. You shall indemnify us for any liabilities, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with your non-compliance with this Section.
ii. Transfer and Assignment
a. On occasion, we may require the ability to transfer, assign or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third party service providers or in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
b. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms without our prior written consent.
a. If any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions of these Terms. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.
a. Failure by Mojo to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
a. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not
a. In the event of there being any conflict or inconsistency between the terms and conditions comprising these Terms as identified in Section 2, the order of precedence shall be as follows:
i. These Mojo Terms & Conditions; and then
ii. The House Rules; and then
iv. Any other of our terms and conditions, rules or policies as they relate to promotions, bonuses, special offers or any other aspect of your use of the Services from time to time.
vii. Entire Agreement
a. These Terms and any documents referred to herein represent the entire agreement between Mojo and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms.
a. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that, except as set forth in these Terms or otherwise required by applicable regulations, we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ix. Investigations; Cooperation with Law Enforcement; Termination; Survival
a. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms; and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
x. Discontinuation of Operations
a. Should Mojo cease to operate in the state of New Jersey for any reason whatsoever, including but not limited to loss of market access in New Jersey, a change in prevailing laws regarding sports gambling and/or bankruptcy, Patrons’ deposits and initial Wagers will be returned to them, regardless of whether such Wagers have gained value or lost value. Patrons will be able to withdraw all funds in their accounts up until the final date of operations indicated by Mojo should such circumstances arise.
Please read this section carefully—it may significantly affect your legal rights, including your right to file a lawsuit in court.
i. Initial Dispute Resolution
a. Our Customer Service department is available to address any concerns you may have regarding the Services. Our Customer Service department is able to resolve most concerns quickly to our patrons’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
ii. Binding Arbitration
a. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision set forth above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other, and/or your use of the Services (including the Site, the App, and any wagering transactions) shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions.
b. Except as set forth in Section 30.4, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
c. The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Mojo to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Mojo will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $25,000. For claims above $25,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases.
d. Arbitration will take place at any reasonable location within the United States convenient for you.
e. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
f. The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 30 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.
g. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
iii. Limited Time to File Claims
a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT ANY CLAIM OR CAUSE OF ACTION AGAINST THE OTHER ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE TERMS, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE -- OR IT WILL BE FOREVER BARRED.
iv. Exception – Litigation of Intellectual Property and Small Claims Court Claims
a. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
v. No Class Action Matters
a. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Mojo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
vi. Applicable Law and Venue
a. All controversies or claims arising out of or related to our Services or these Terms shall be construed and enforced in accordance with the laws of the state of New Jersey and the United States of America without regard to any choice of law or conflict of laws principles, regardless of where you live.
b. For any dispute not subject to arbitration you and Mojo agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
vii. 30-Day Right to Opt Out
a. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address Mojo Interactive, Inc., 20 West 22nd Street, Third Floor, New York, NY 10010. The notice must be sent within 30 days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Mojo also will not be bound by them.
viii. Changes to this Section
a. Mojo will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Mojo does not have actual notice are subject to the revised clause.
i. If you experience any problems or have any inquiries or concerns, please contact Customer Service. If you are not satisfied with how we respond to your question or complaint, please raise a dispute with us by providing full written details of your grievance to us via email at firstname.lastname@example.org. We will respond in detail to all such questions or complaints within ten (10) business days of receipt. Mojo is subject to all rules and regulations concerning Patron disputes as defined by the New Jersey Division of Gaming Enforcement.
If, after all reasonable methods to resolve the dispute with us have been exhausted, your dispute is still unresolved and it arises out of your use of the Services while physically located in New Jersey, you can contact the New Jersey Division of Gaming Enforcement at:
New Jersey Division of Gaming Enforcement
140 E. Front Street
Trenton, NJ 08608
i. If you are accessing or using one of our Wagering Apps through a Device manufactured and/or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
a. To the extent that you are accessing the Wagering App through an Apple Device, you acknowledge that these Terms are entered into between you and Mojo and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
b. The license granted to you in Section 28 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes /us/terms.html) and any third party terms of agreement applicable to the Wagering App.
c. You acknowledge that Mojo, and not Apple, is responsible for providing the Wagering Apps and Content thereof.
d. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Wagering Apps.
e. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Wagering Apps.
f. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Mojo, Mojo and not Apple is responsible for addressing any claims you may have relating to the Wagering Apps, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Wagering App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
g. Further, you agree that if a Wagering App, or your possession and use of a Wagering App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
h. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
i. When using a Wagering App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Wagering App.
j. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.