Zweeler™

Terms and Conditions 1.0

Effective Date: May 3, 2022

THIS AGREEMENT REQUIRES BINDING ARBITRATION AND INCLUDES A CLASS ACTION WAIVER.

1. Acceptance of Terms

By using the website located at Zweeler.com (including all the areas available through such website, collectively, the “Site”), creating an account, or using the interactive fantasy sports services, including any new features (together with the Site, the “Services”), offered by Zweeler LLC, a Delaware-based operator, (“Zweeler,” “we,” “us,” and/or “our”), you, the user (collectively “Users,” or “you”), acknowledge and agree to these legally binding Terms (“Terms,” or “Agreement”). You also agree to all other contest rules, operational rules, policies, and procedures that may be published on the Services by Zweeler, which are incorporated by reference, including, but not limited to:

The Zweeler Privacy Policy (“Privacy Policy”),

The Anti Money laundering policy (AML),

The Bonus terms and conditions (BTC),

The Security policy (SEC),

The Responsible gaming policy (RGP), and

The participants experience indicator (PEX), together forming the “Zweeler Policies.”

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and that you are able to abide by and comply with this Agreement. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES. YOU MAY USE THE SERVICES ONLY IF YOU AGREE WITH ALL THE TERMS SET FORTH IN THIS AGREEMENT.

2. Definitions

Applicant: You are considered an Applicant while active in the process of applying through the Services to become a Participant in the Contests.

Application Form: The form to be filled in by the Applicant to open a User Account.

Contest: A contest of skill created and presented by Zweeler on the Services for the benefit of the Participant and as approved by the jurisdiction in which the Participant resides.

Contractor: Any individual who provides services directly to Zweeler and/or affiliated companies as an independent contractor. This includes, but is not limited to, consultants, sellers and agents.

Employee: Any staff member, executive, manager or director of Zweeler and/or affiliated companies.

Entry fee: The money paid by the participant to Zweeler in order to participate in a Contest.

External Sports Event: A sports event to which a Contest refers and with reference to which the Participants’ forecasts are created and against which the Contest results are determined once it is finished.

Force Majeure: Circumstances beyond Zweeler’s control that make the execution or continuation of a Contest inadvisable, commercially impracticable, illegal or impossible.

Immediate Family: Spouses, domestic partners, parents, children or siblings of an individual.

Services: The internet gateway accessible through the internet address www.Zweeler.com, where all current and relevant information regarding Company operations is published, and through which Zweeler’ contests of skill including application procedures, gaming rules and terms and conditions are provided to the Applicant/Participant. For the purposes of this Agreement the Services includes all subdomains under the address Zweeler.com.

User Name and Password: The combination of letters, numbers and symbols chosen by the Applicant upon registering for a User Account and used by the Participant to access the User Account.

User Account: A personal account opened by the Applicant and maintained by Zweeler for the Participant.

Participant: You are considered a Participant immediately upon successfully completing the application process.

Server: The data storage facility that manages network resources and stores the details of all activities taking place on the network, including activities taking place on the Services.

System: Collectively, all programs, applications and databases and any other derived content whether accessible or otherwise used by the Participant through the Services to participate in the Contests of Skill.

3. About Zweeler

Zweeler has a registered office at 919 North Market St., Ste. 950, Wilmington, DE,19801.

4. Agreement

Eligibility

You must be at least eighteen (18) years of age to open a User Account, participate in the Contests and/or win Prizes offered through the Web Site. In jurisdictions where the minimum age for permissible use of the Services is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction. You must be at least nineteen (19) years of age to open a User Account if you are a legal resident of Alabama or Nebraska, and you must by at least twenty- one (21) years of age to open a User Account if you are a legal resident of Massachusetts. It is a criminal offense to allow any individual that does not meet the age requirements in their local jurisdiction or territory to participate in contests. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Arkansas, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, MaryLand, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Vermont, Virginia and Washington (the “Excluded States”) are eligible to open A User Account and participate in Contests. Individuals who are not eligible for participation are prohibited from participating. You are solely responsible for qualification, according to governing law and the Zweeler Policies, for determining eligibility and for pursuing the opening of a User Account. Zweeler will report attempts to submit illegal applications to the appropriate enforcement agencies.

Employees and Contractors and their Immediate Families are forbidden from opening User Accounts and/or participating in the Contests during the term of their employment or engagement with Zweeler. This shall not apply, however, where Immediate Family members are expressly allowed to play on the Services by means of written authorization by Zweeler.

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their Immediate Families, are not eligible to participate in, and are strictly prohibited from entering, any Contests in the sport in which they are associated.

The following persons are also prohibited from opening a User Account, participating in the Contests and/or winning prizes offered through the Services:

  • any employee or contractor of any daily fantasy site or any Immediate Family member of any such person;
  • any individual who has had access to any pre-release, confidential or other information that is not available to all other entrants of a Contest and that provides the entrant an advantage in such a Contest (collectively, “Pre-Release Data”);
  • any employee or contractor to a sports governing body where such person is prohibited from participating in applicable Contests by such governing body;
  • any person who is prohibited from participating pursuant to court order;
  • any person who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in the Agreement.

By depositing money or entering a Contest you are represent and warrant that:

  • you meet the minimum age for permissible use in your jurisdiction;
  • at the time of deposit or game entry you are physically located in a jurisdiction in which participation in the Contest is not prohibited by applicable law or this Agreement;
  • you are not listed on any governmental list of prohibited or restricted parties;
  • you will abide at all times with this Agreement and any other agreements between you and Zweeler regarding your use of the Services;
  • when depositing funds or entering a Contests, you are not physically located in of any of the Excluded States;
  • you are not subject to backup withholding tax from any governmental authority; and
  • When entering any Contest that awards prizes, you are not an Employee or Immediate Family Member of Zweeler or otherwise a person prohibited from participating in the contests.

If Zweeler determines that you do not meet the eligibility requirements of this section, then you are not authorized to enter Contests. Zweeler may require you to provide proof that you are eligible to participate prior to receiving a prize. If Zweeler determines that you do not meet the eligibility requirements, in addition to any rights that Zweeler may have, Zweeler reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Zweeler may pay out any withheld or revoked prizes to the other entrants in a manner consistent with the prize structure of the Contest, to be determined by Zweeler in its sole discretion. Zweeler also reserves the right to withhold revoked prizes to use in accordance with its fraud prevention or anti-money laundering efforts.

General Provisions

Should there be any discrepancy between this Agreement in the English language and the version in any other language, the English version shall prevail.

Zweeler reserves the right to suspend, add, end, amend and/or supplement the Zweeler Policies as it deems appropriate. In case of modification of the Zweeler Policies, upon logging into your User Account, you will be prompted with a pop-up box indicating that the Zweeler Policies have been updated. For the avoidance of doubt, ongoing Contests shall be subject to the version of the Terms that is in effect at the start of the Contest. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.

Zweeler reserves the right to modify, suspend, limit, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that Zweeler shall not be liable to your or to any third party for any modification, suspension, limitation, or discontinuation of the Services, provided that any ongoing contest shall be cancelled and you will be refunded any applicable entry fee.

Zweeler has a zero-tolerance policy towards inappropriate play and fraudulent activity. If, in Zweeler’s sole determination, you are found to have cheated or attempted to defraud Zweeler, Zweeler reserves the right to suspend and/or close your Account and to share this information with the appropriate authorities, governing bodies and agencies.

5. Permitted Use

Zweeler hereby grants to you a personal, non-transferable and non-exclusive license to access and read one copy of the Content solely for your use of the Services. You further agree that your use of the Services is governed by the terms and conditions of this Agreement and the End-User License, which is incorporated herein by reference.

6. Restrictions on Use

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

  • You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  • You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  • You shall not attempt to use any method to gain unauthorized access to any features of the Services;
  • You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;
  • You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;
  • You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  • You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Zweeler or any third party; or that impersonates any person or entity, including any employee or representative of Zweeler;
  • You shall not directly or indirectly take any action that imposes or may impose (as determined by Zweeler in its sole discretion) an unreasonable or disproportionately large load on Zweeler’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; and
  • You shall not sell or otherwise transfer your profile.
  • You are prohibited from posting content that: is a direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

If for any reason, Zweeler determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ZWEELER RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Accounts

General provisions

Zweeler shall, at all times, keep a secure list of all Participants and shall ensure the security of all User Accounts. See www.zweeler.com/security and www.zweeler.com/privacy.

Registration & Participant’s Identity

Zweeler shall not permit anyone to participate in any Contest unless that person is registered as a participant and holds a User Account.

Zweeler shall not permit anyone to participate in any Contest unless that person is registered as a Participant and holds a User Account.

Using the third-party validation procedure of Age Checked (www.agechecked.com), Zweeler verifies the age of every Applicant before the Applicant opens a User Account.

In order to open a User Account, you must complete an application form provided by Zweeler, through which you acknowledge:

  • that your are eligible;
  • your identity;
  • your residence;
  • your valid e-mail address;
  • that you are both the Applicant and the Participant.

In submitting the application, you confirm that all information contained in the application form submitted to Zweeler is true, accurate and complete and corresponds to the name(s) appearing on the credit cards used for deposits and payouts. In the event that the information provided is found to be false, inaccurate, deceitful or incomplete, Zweeler will execute its right to delete and cancel your registration and the corresponding User Account.

If any information provided on the application form changes, it is your responsibility to provide Zweeler the updated information.

Opening of a User Account

To participate, you must open a User Account. Upon opening a User Account, you will receive a code and passwords that are required to access the User Account. You are responsible for ensuring that the codes and/or passwords remain confidential.

By opening a User Account, you implicitly authorize Zweeler to process any personal data in compliance with all applicable state and federal general data protection regulations currently in place. The processing of personal data is exclusively managed for use of the Contests as offered by Zweeler. Zweeler aims to constantly comply with all applicable state and federal general data protection regulations and will actively operate to ensure that all policies and procedures set forth within the applicable data protection regulations are implemented as soon as possible.

Zweeler assures that all personal data is processed fairly, lawfully and in accordance with good practice and is only collected for the purposes specified in the Privacy Policy (PP), a separate part of this Agreement, known, read and accepted by the Applicant/Participant.

User Names

Zweeler, at its own discretion and within the limitations of its own interpretation, will qualify screen names and/or user names to ensure that you do not choose a screen name and/or user name that can be interpreted by other Applicants/Participants as offensive, objectionable, unfair or indecent.

Zweeler reserves the right to deny or retract your screen name and/or user name for whatever reason deemed necessary and will subsequently give you the opportunity to create a new screen name and/or user name.

Password Security

  • You are advised to choose a strong and non-predictable password for security. You are responsible for keeping secure:
  • User Name and Password details;
  • linked email addresses;
  • device password protection; and
  • device keyboard and screen locking.

Only Participants are authorized to participate in the Contests. Both deliberate and/or unwanted unauthorized "third party" use of any User Account will be interpreted as a violation of this Agreement. You must contact Zweeler immediately if there is any reason to believe that unwanted unauthorized "third party" use is taking place. Zweeler will not be responsible for any loss or damage as a result of unauthorized use of the account, both deliberate and unwanted.

It is your responsibility to keep User Name and Password and other security details confidential. Any Contest that is joined online under your username and security details will be regarded as valid, regardless of who is actually in control of the Contest on your side of the connection. If there is concern that the confidentiality of the User Account is at risk, you should notify Zweeler immediately. Any future transactions under the previous details would be considered void.

We will under no circumstances be responsible if you forget, misplace, or lose your password. We will never be held responsible for storing User Names and Passwords of any Applicant/Participant. Further, we will never be held responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

Multiple Accounts

Each Applicant/Participant is permitted to open one (1) account only. Use of more than 1 account per person ("Multi-accounting") is strictly forbidden. Zweeler retains the right to close accounts at any time and to cancel all the transactions pertaining to any Participant that has registered more than one account. Zweeler reserves the right to block participation and/or prize distribution once there is demonstrable evidence of Multi-accounting.

Misuse of Accounts

You agree that the sole and specific purpose of creating an account on Zweeler is to participate in interactive fantasy sports Contests. Zweeler may suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests on the Service. In such circumstances, we may also report such activity to relevant authorities.

Funds deposited into your User Account must be utilized to participate in the Contests. Any suspicious activity related to your User Account could lead Zweeler to report your details to the relevant authorities, freeze the funds and close your User Account.

In the event of misuse and/or the abuse of the Services and/or the System, Zweeler reserves the right to close or block the User Account of the User in question or withhold prizes until the matter is resolved and may close the Account

Conduct that would be deemed improper includes, but is not limited to:

  • Falsifying any personal information required to create an account, to enter a Contest, or claim a prize;
  • Unauthorized use of any third party’s Account;
  • Creating multiple Accounts;
  • Dealing, in any way, with any third party who may be able to influence the outcome of any Contest;
  • Any attempt to tamper with, manipulate or influence the Services, software, or any security measure;
  • Obtaining, by circumventing safeguards or via other unauthorized methods on the Services, non-public information from other entrants;
  • Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
  • Colluding with any other individual(s) or engaging in any type of syndicate play;
  • Any violation of Contest rules or the Terms;
  • Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;
  • Using automated means (including but not limited to scripts and third-party tools) to interact with the Services in any way;
  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Services or of any User for any purpose; or
  • Abusing the Services in any way.

You acknowledge and agree that the forfeiture and/or return of any prize shall in no way prevent Zweeler from pursuing criminal or civil proceedings in connection with such conduct.

Inactive Accounts

If you do not access your User Account by logging in during a period of 18 calendar months, your User Account shall be deemed "inactive." Zweeler shall be entitled to charge an administrative fee of five dollars ($5)(US), to be charged at the end of every calendar month that your User Account remains inactive for a period of six (6) months, and the same may be deducted from the Participant’s account balance.

You will be informed at least three (3) times in the month leading up to your User Account being deemed inactive. The fee will no longer be charged if your User Account is reactivated.

Once your User Account is deemed inactive, all bonus balances on the account are lost. Previous bonus amounts will no longer be available if your User Account is reactivated.

If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Zweeler is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Zweeler may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency subject to limitations of applicable law.

Closing of Accounts

You are entitled to close your User Account and terminate this Agreement at any time by sending an email to Zweeler using these details: support@zweeler.com. Zweeler will respond within a reasonable time, provided that you remain responsible for the activity on your User Account until Zweeler has confirmed such closure. Zweeler is entitled to terminate this Agreement immediately on notice (or attempted notice) to your email address known by Zweeler. Where Zweeler has terminated a Participant’s Account as a result of a failed security review, account balances associated with the User Account are non-refundable and deemed forfeited.

In the event of termination, you are allowed to withdraw any balances exceeding withdrawal fees. Zweeler will do its utmost to assure that payments take place in the 48 hours following your request but does not hold itself liable for executing payments within any a specific period of time.

User Accounts do not accrue interest.

8. Contest Rules

Contests of Skill and Knowledge

The Contests are contests of skill and knowledge. Each Contest has rules and guidelines established by Zweeler. These rules and guidelines provide all the basic objective elements to take into account when joining a contest of skill. The rules and guidelines of the Contests also provide a system for calculating Participants’ scores. Persons who are well informed and use their skills and knowledge in the best way will are most likely to end up in a high position in the final ranking, which might result in receiving one of the prizes.

Once an External Sports Event is finished, the result of the corresponding Contest cannot be changed or cancelled. Zweeler will do everything within reason to work with these results as being the correct outcome but retains the right to accept, decline or partially accept the results, for instance in a Force Majeure situation.

Winnings will be credited to the User Account following the confirmation of the final results. Zweeler will remit winnings only to the name and address of the bearer of the User Account as it exists in Zweeler’s records. The Payments section of this Agreement covers this in further detail.

Cancellation of the External Sports Events

An External Sports Event can be cancelled by its organizers. Zweeler has no influence on the decision to cancel any External Sports Event and can under no circumstances be held liable for these forms of Force Majeure cancellation and the effects this has on the Contests.

Zweeler reserves the right to cancel any of the Contests it provides on the Services before, during or after the start of the related External Sports Event(s).

In case of cancellation a refund may be applicable. Details on refunds in case of cancellation can be found in "Payments" section of this Agreement.

Manual Play Only

All actions taken in relation to the Contests must be executed personally and manually by the Participant through the user interface accessible by use of the System.

The use of artificial intelligence, including, without limitation, "robots," is strictly forbidden in connection with the System and the Contests. Zweeler is committed to detecting and preventing software programs which are designed to enable artificial intelligence ("AI Software") on the Services, such as, but not limited to, opponent-profiling, cheating software and anything else that gives a Participant an unfair advantage.

You acknowledge that Zweeler will take measures to detect and prevent the use of programs and AI Software using various methods, including, but are not limited to, reading the list of currently running programs on a Participant’s terminal). You agree to not use any AI Software and/or any such programs.

Competitions and Promotions

General terms and conditions on Company competitions, promotions and bonuses can be found in the separate document the Bonus Terms and Conditions (“BTC”).

Any specific additional terms and conditions for participation in any of these temporary activities will be communicated through BTCs specific to the individual competitions, promotions and bonuses.

Bonus credits can be placed into a User Account as part of a marketing campaign. These credits cannot be withdrawn or paid out and can be used only for participating in the Contests.

Participants/Applicants are forbidden from opening accounts for the purpose of benefiting from bonus credits and/or promotional offers. Zweeler deems this to be abusive behavior and reserves the right to cancel or block User Accounts that were created to that end, as well as the transactions involved.

Data Discrepancy

You understand and agree that the data in possession of Zweeler is the only valid source when determining results of any Contest, the activity resulting from that and the circumstances in which they occurred. In case of conflict between the result posted on the System and the result posted on the Server, the result posted on the Server shall prevail.

Statistics and Related Information

Live statistics and other related information (“Stats”) provided through the Services are unofficial. Stats are offered for informational and/or entertainment purposes only and are not used to determine the results of the Contests. While Zweeler and the third parties used to provide the Stats use reasonable efforts to include accurate and up-to-date information, neither Zweeler nor its third party providers shall be responsible or liable for the accuracy, usefulness or availability of the Stats.

9. Payments

Electronic Service Provider

In order to participate in the Contests you will be required to financially transact with Zweeler, which entails depositing money with Zweeler and receiving money from Zweeler. Zweeler reserves the right to sub contract and use third-party payment processors and/or financial institutions ("Electronic Service Providers" or "ESPs") to process such financial transactions. In furtherance of such processing, you hereby irrevocably authorize us, as necessary, to instruct such ESPs to handle account deposits and cash outs from your Account and you irrevocably agree that Zweeler may give such instructions to ESPs on your behalf. You agree to be bound by the terms and conditions of use of each applicable ESP. You agree that in the event of a conflict between this Agreement and the ESP's terms and conditions, this Agreement shall prevail.

Payments by Participants

Deposits

Any credit/debit card used in association with a User Account must be that of the account holder. You are strictly forbidden from using any other individual’s credit/debit card to deposit money into your User Account. Participation in any Contest using funds from such card will be deemed void.

Cash money is not accepted. The Services provides the accepted payment methods with which Participants can fulfill their financial obligations.

Zweeler reserves the right to set a maximum amount per transaction that can be deposited into a User Account. You certify that the funds deposited into your User Account are not from any illegal source. By participating in the Contests, you are declaring that you shall in no way use the Services or the System with the purpose of transferring such funds from illegal sources.

You agree to not use the Services and/or the System for any illicit or fraudulent activity or for any unlawful or fraudulent transaction (including money laundering), in accordance to the laws of all the jurisdictions having authority over your conduct. If Zweeler has the slightest doubt as to the legality of the source of funds deposited into your User Account, it reserves the right to discontinue the User Account at any time until the matter is resolved.

Payments amounting to $2,000(US) into a User Account within a period of 180 days are investigated under the Anti Money Laundry policy (AML) associated with this document. This requirement applies to both multiple small sums and single deposits of to $2,000(US) or more within 180 days. If an individual deposits more than to $2,000(US) on a daily basis or on the basis of a rolling period of 180 days, a copy of passport or other acceptable identification of the participant must be collected before the payout can be allowed.

If any deposit is charged back, any winnings generated through the Contests shall be invalidated, forfeited and deducted from your User Account. Further, the amount of the initial deposit will be invalidated, forfeited and deducted from your User Account. We reserve the right to close your User Account, without notice, if a deposit is charged back.

Payments by Zweeler

Withdrawals

You may at any time request payout from the existing balance of your User Account in whole or in part provided that all payments have been confirmed and all amounts deposited. Any expense related to withdrawal requests shall be charged to you.

Withdrawal requests are processed directly. Zweeler maintains a target of forty-eight (48) hours for the processing of payouts but does not hold itself liable to complete a request in a specific period of time. In the event that you increase your User Account balance by sending a fax copy of the transfer receipt related to a postal money order or bank transfer, the date shown on the receipt must coincide with the payment date Zweeler’s bank account. Otherwise it shall not be possible to withdraw any wins.

Withdrawal requests can only be fulfilled to the Participant registered to the associated User Account and as per the conditions specified on the Services. Payouts shall be made through the same route from which the funds originate, with the exception of those cases where the payment solutions used by the Participant do not offer redirection of payouts to the same route.

A 5% administrative charge, with a minimum of ten dollars ($10)(US) shall be applied when fulfilling payout requests on accounts that have not been used at least once for participating in the Contests. Zweeler reserves the right to suspend any cash-out request pending the verification of the associated Participant’s identity, age and residence.

Refunds

A. Refunds in Case of Contest Cancellation

CANCELLATION BEFORE:

A Contest can be cancelled before the start of a related External Sports Event because:

  • the External Sports Event itself is cancelled; and/or
  • Zweeler chooses to discontinue the Contest for other reasons. In both cases the following refund policies apply:
  • The Entry Fee is returned to the Participant’s User Account.
  • Single play (part of a tournament) - NO REFUND!(*)
  • Single play (not part of a tournament) – The entry fee is returned to the User Account.

(*) A cancelled single play as part of a tournament will be excluded from the results “as if it has never been a part of the tournament” after the specific tournament has finished.

CANCELLATION DURING:

Contests can be cancelled during the corresponding External Sports Event because:

  • the External Sports Event itself is cancelled at that time; and/or
  • Zweeler chooses to discontinue the Contest for other reasons. In both cases the following refund polices apply:
  • Tournament - PAY OUT/NO REFUND! (*)
  • Single play (part of a tournament) - NO REFUND! (**)
  • Single play (not part tournament) – The entry fee is returned to the User Account.

(*) Participants in a cancelled tournament will receive the winnings, if any, earned up to the moment of the cancellation of the tournament.

(**) A cancelled single play as part of a tournament will be excluded from the results “as if it has never been a part of the tournament” AFTER the specific tournament has finished.

B. In case of Erroneous Payments

Erroneous payments from Zweeler to a Participant’s User Account will be returned to Zweeler. It is the Participant’s responsibility to notify Zweeler of the error without delay. Any winnings subsequent to the error and prior to the notification of Zweeler, provided they are linked to such error, shall be deemed invalid and returned to Zweeler.

Player Reserve

Deposits and winnings upon completion of the Contests are held in a separate, segregated bank account (the "Segregated Account") held by Zweeler Llc players accounts. Withdrawals made from the Segregated Account, and checks issued from the Segregated Account, may bear the names of Zweeler Llc. Vendors, players and creditors shall be aware that the funds in the Segregated Account are the property of Zweeler Llc players accounts, do not belong to Zweeler Llc Operations and are not available to creditors of Company, except for players whose funds are held in such account. Zweeler Llc Operations and Zweeler Llc Players accounts are prohibited from comingling funds held by Zweeler and funds belonging to Zweeler Llc players account held in the Segregated Account.

Additional Provisions in Relation to Payments

Zweeler reserves the right to:

  • request proof of payments to Participants’ User Accounts for all alternative payments;
  • request Participants’ bank account numbers at any time; and
  • verify the financial solvency of any of the Participants (e.g. through the information furnished during registration and through third parties).

Once a Participant’s insolvency is verified and confirmed, Zweeler has the right to terminate/close down the associated User Account and prohibit the Participant from opening another User Account.

Zweeler ensures the security and confidentiality of your financial information, including all financial documents relating directly or indirectly to the transactions between you and Zweeler and between Zweeler and the relevant tax authorities.

Taxation

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, Zweeler reserves the right in its sole discretion to determine whether or not to award such prizes.

You agree if you win $600 USD or more over the previous year you shall provide updated address and social security details to Zweeler. These details will be used to allow Zweeler to comply with tax regulations and may be shared with appropriate tax authorities. In compliance with United States Internal Revenue Service regulations, Zweeler may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) to the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, Zweeler may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. Zweeler reserves the right to withhold any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your jurisdiction of residence. Zweeler does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

10. Publicity

By accepting any winnings, you consent to Zweeler’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other Zweeler Contests and Zweeler generally, unless otherwise prohibited by law. Zweeler Inc and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. You agree that if you are a winner, Zweeler may announce your name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Zweeler or other Contests or games operated by Zweeler. You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED ON A PUBLIC WINNERS' LIST.

11. License to Use Your Information

With the exception of personal data which is governed by our Privacy Policy, you hereby grant to Zweeler the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, as-sign, share, outsource, host, make available to any person or otherwise use, any information or other content you provide, directly or indirectly, on or through this Services or which is sent to Zweeler by email or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Zweeler shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Zweeler in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

Personal Data and Privacy Policy

Subject to the Privacy Policy, Zweeler may from time to time, but is not obligated to, monitor your use of the Services and collect, store, use and disclose to third parties personal data about you and your use of the Services and you hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have in respect thereof. This Agreement incorporates by reference the terms of the PP. In the event of a conflict between the PP and this Agreement, this Agreement shall prevail. See the PP for more information on Zweeler’s use of registration data and certain other information we collect from you.

12. System

End-User License

By using the Services, you are granted a personal non-exclusive, non-transferable license to use the System.

Zweeler grants to you only a personal right to use the System and the Services. This is a right that is bestowed personally on you in order to participate in the Contests on the Services. This right is given to you with a personal (not a commercial) purpose. Zweeler will not accept any complaints relating to activity through your User Account by a third party. This is because Zweeler is prohibited from enabling third party to participate in the Contests through a Participant’s User Account. It is your responsibility to inform Zweeler immediately if you suspect that your User Account is being used by a third party, so that Zweeler may inspect and verify the User Account.

By using the Services and participating in the Contests, you acknowledge that you are at risk of losing money.

You are prohibited from committing any act or adopting any kind of behavior that could damage Zweeler’s reputation, and you hereby acknowledge that the use of the Services and/or the System is at your sole discretion and risk.

You hereby declare that you will not violate or attempt to violate or misconstrue in any way Zweeler’s security measures. If Zweeler has the slightest doubt in respect of this clause, Zweeler reserves the right to suspend or block your account immediately. You will be denied access to all other Servicess and Systems offered by the same corporation.

13. Abusive or Offensive Language

Abusive or offensive language is not permitted in any public area of the Services or with Zweeler staff. Any violation of this policy may result in a suspension of your account or such other action as may be required by Zweeler to ensure compliance. You hereby agree that you shall not post any unlawful, obscene, libelous, defamatory, threatening, or other materials that would violate any law or generally be considered offensive via the Services or in any correspondence with Zweeler’s staff. Abusive or offensive language includes, but is not limited to, any statements that are in Zweeler's sole opinion, obscene, profane, racist, in bad taste, slanderous, unnecessarily hostile, or contrary to the purpose of our Services’s chat function. Further, you agree that you shall not make any statements on or through the Services which promote any website, service or product of any party except Zweeler. You shall not make any statements about Zweeler, the Services or the Contests that are untrue or would reasonably be considered to be derogatory or critical.

Illicit Advertising

At no time will you or any individual or organization you are affiliated with advertise third party products or website to fellow Participants without the express written permission or agreement of Zweeler. Zweeler reserves the right to suspend or indefinitely terminate User Accounts of Participants who misuse our Services to make statements that advertise any product, website or service that is not endorsed by Zweeler.

14. Ownership and Copyright

By clicking “I agree,” you acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, service marks, logos and trade names including the name “Zweeler” contained on this Services (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Zweeler or its licensors, as the case may be. Without limiting the generality of the foregoing, the term “Content” shall also include images, pictures, graphics, photographs, animations, videos, music, audio, text, and the Contests located on the Services. You acknowledge that the Content is protected by copyright law and that Zweeler reserves all rights in relation to the Content.

15. Termination of the Agreement

You can terminate this Agreement at any time upon request via email to info@zweeler.com. It is your responsibility to settle the outstanding account balance at the time of the cancellation request. Zweeler will only terminate agreements of which the balance is settled completely at the time of the request.

The termination of this Agreement becomes effective only after you have received a written notification from Zweeler confirming the termination. After the Agreement is terminated, you will no longer be authorized to use the Services and the System, and you are obligated to erase the System from the computer and to destroy all documentation related to the Services or to the System, in your possession, in your power or under your control.

We may suspend or cancel your account without notice or refund to you if you violate this Agreement, or for any reason at all. If your account is cancelled, Zweeler reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content.

Immediately following the termination of this Agreement, by either party, Zweeler is bound to reimburse the integral amount indicated in your account after the deduction of any amount to which Zweeler is entitled. Upon termination of your account. your license to use Zweeler’s Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination. The termination of this Agreement shall not be cause of prejudice to any other right or engagement of either party in regards to any violation stated herein or any other violation.

16. Disclaimer & Limitation of Liability

DISCLAIMER OF WARRANTIES

UNDER NO CIRCUMSTANCES SHALL ZWEELER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, YOUR USE OF THE SERVICES AND/OR SYSTEM AND/OR YOUR PARTICIPATION IN THE CONTESTS, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF ZWEELER RECEIVES PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL ZWEELER BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, ZWEELER IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.

ZWEELER SHALL NOT BE HELD LIABLE FOR CHANGES TO YOUR USER ACCOUNT BALANCE DUE TO A THIRD PARTY USING THE SERVICES OR THE SYSTEM OR EXECUTING AN IAT (INTER-ACCOUNT TRANSFER) USING YOUR SCREEN NAME, YOUR USER NAME AND PASSWORD.

ZWEELER ASSUMES NO OBLIGATION TO UPDATE THE CONTENT. THE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. ZWEELER MAKES EVERY EFFORT TO MAINTAIN THE ACCURACY OF THE INFORMATION ON THE SERVICES BUT CANNOT ACCEPT RESPONSIBILITY FOR ANY PREJUDICE, LOSS OR DAMAGE WHICH MAY OCCUR FROM USE OF THE INFORMATION.

NO RESPONSIBILITY IS BEING ACKNOWLEDGED OR ACCEPTED HEREUNDER FOR, INTER ALIA, THE FOLLOWING MATTERS:

MISTAKE(S), MISPRINT(S), MISINTERPRETATION(S), MISHEARING(S), MISREADING(S), MISTRANSLATION(S), SPELLING MISTAKE(S), FAULT(S) IN READING, TRANSACTION ERROR(S), TECHNICAL HAZARD(S), REGISTRATION ERROR(S), MANIFEST ERROR(S), FORCE(S) MAJEURE AND/OR ANY OTHER SIMILAR MISTAKE(S)/ERROR(S);

VIOLATION OF THE ZWEELER RULES;

CRIMINAL ACTIONS;

ADVICE, IN WHICHEVER FORM THIS IS PROVIDED, PROVIDED BY ZWEELER;

FINANCIAL RISK AND LOSS, INCLUDING, BUT NOT LIMITED TO VARIANCES IN EXCHANGE RATES;

LEGAL ACTIONS AND/OR OTHER REMEDIES;

WAR, RIOT, FIRE, TERRORISM, ACT OF (PUBLIC) ENEMIES;,

EARTHQUAKE, HURRICANE OR FIRE;

UNACCEPTABLE/UNPREDICTABLE ACTIONS OF GOVERNING AUTHORITIES; OR

AN ACT OF GOD.

THEREFORE, ZWEELER MAKES NO REPRESENTATION, PLEDGE OR WARRANTY (EITHER EXPLICIT OR IMPLICIT, INCLUDING BUT NOT LIMITED TO WARRANTIES FOR ACCURACY, FITNESS OF PURPOSES OR NON-INFRINGEMENT) THAT THE CONTENT IS ACCURATE AND/OR SUITABLE FOR ANY PARTICULAR PURPOSE OTHER THAN IN SO FAR AS THOSE WARRANTIES WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER THE GOVERNING LAW OF THIS AGREEMENT.

ZWEELER DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OR THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, ZWEELER SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY USING ANY FEATURE OF SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ARE LOCATED WHILE PARTICIPATING.

USE OF THE SERVICES IS ENTIRELY AT YOUR RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS- IS” BASIS.

Services

Zweeler offers the Contests and the System as is with no warranties, assurance or engagements or any declaration, explicit or implied, legal or other. Zweeler excludes all terms, conditions and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of Contests and of the System in respect to the failure to respect governing rules and laws.

Zweeler does not guarantee that the Services and/or the System are authorized, will fully satisfy the Participant, are entirely secure and exempt from error, are updated regularly, are uninterrupted, are virus and/or bug-free, are continually operational, are adequate. Nor does Zweeler guarantee that any System defect is regularly corrected, that the material is reliable or that all other information obtained is adequate and/or reliable.

In case of discrepancies in the System, or in the means of communication, due to viruses or bugs as in relation to the account regulations or all other parameters that make up the System, Zweeler shall not be held responsible to any Participant or third party for any damage, costs, expenses, losses or claims brought about by said discrepancies. In the event of such errors, Zweeler reserves the right to cease all related Contests and to take all other measures necessary to correct the errors. Zweeler is not responsible for providing an emergency network or system or similar emergency services.

Zweeler cannot be held responsible for any act or omission by an internet provider or of any other third party whom a Participant may have contracted in order to have access to the Services, the Contests and/or the System. In case of litigation between the internet provider and the Participant, Zweeler cannot be a party to the suit, and such suit shall in no way affect the Participant’s obligations under this Agreement.

You hereby acknowledge to have chosen to use the Services and the System willingly and at your own risk and discretion.

Loss or Damage

In accepting the terms of this Agreement, by entering into a Contest, or accepting any prize, you agree to integrally indemnify, hold harmless, release and defend Zweeler, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties") on demand of any complaint, responsibility, damage, loss, cost or expense, including but not limited to all legal fees or others that the Released Parties have to bear as a result of breach of these Terms, a violation of the rules and/or rights set by Zweeler or of those of a third party, to any use of the Services and/or System with your User Name and Password, whether it is deliberate or unknowingly, as well as any acceptance of profit on your part.

Zweeler is in no way responsible for any losses or damages, direct or indirect, that you or any third party might have suffered as a result of using the Services and/or the System, including but not limited to damages caused by a commercial loss, a loss of benefits, a loss on anticipated profit, interruption of business, loss of commercial information or any other financial and or consecutive loss.

The Services may contain links to other sites. Zweeler does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Zweeler is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Zweeler is affiliated or associated with same. Zweeler does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this Services should not be construed as an endorsement of that party or its product or service.

Zweeler is in no way responsible for any losses or damages that you or a third party might have suffered as a result of any modification, suspension or interruption of services offered through the Services and/or the System.

Zweeler is in no way responsible for any losses or damages, including but not limited to a loss of profit, as a result of improper functioning of the Services and/or the System, any delay, interruption, transmission, loss or corruption of data, improper functioning of the means of communication, criminal use of the Services or the Content by any person, of a defect, or omission or of any other factor beyond our control. In the event that the malfunction results in profit, whether it be collected or credited to your User Account, Zweeler reserves the right to claim all gains that you may have benefited as a result of one of those malfunctions. You are obliged to immediately reimburse Zweeler in the amount collected and to inform Zweeler of the malfunction. Zweeler reserves the right, at its sole discretion, to directly deduct funds from your User Account in the amount equal to that which you have received in error.

Zweeler shall not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize Zweeler to make, or for any errors or any changes made to any transmitted, stored or received information.

Use of Intellectual Property

The Services is intended solely for use by Participants. In any event, no one is authorized to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise alter the Content.

The display of any trademarks within the Services does not grant any user of the Services a license of any kind to use it.

Any unauthorized downloading or copying of any material contained in the Services as well as the design of the Services itself may be considered as a violation of applicable intellectual property rights.

The Services may only be used for lawful purposes. Use of the Services for transmission, distribution, publication or storage of any material on or via the Services which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Services or the transmission, distribution, publication or storage of any material on or via the Services in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libelous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or skilled gaming law.

You agree to not engage in the use, copying or distribution of any of the Intellectual Property other than expressly permitted herein.

Breach of Agreement

If you fail to adhere to any of the conditions of this Agreement, or if Zweeler reasonably suspects that you are failing to comply with any of the conditions of this Agreement, Zweeler reserves the right, and all remedies at its disposition, and at its sole discretion, to block all of your User Accounts and withdraw the necessary amount from your User Account(s) in order to compensate the damage suffered by Zweeler, or in exchange of any amount due to Zweeler, until ruled upon it by a court of law.

Limitation on Liability

In the event that Zweeler is found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over Zweeler, Zweeler's liability will be limited to the amount of the contests participated in, or the net winnings, relevant to that particular Participant, whichever is the lesser, or, alternatively, when relevant and applicable, the amount recorded in the User Account or the amount transferred into or out of the User Account, whichever is the lesser.

17. Complaints

Objections or complaints pertaining to how the Contests are constructed or designed have to be presented before the starting of the corresponding External Sports Events.

You hereby acknowledge and accept that any complaint made by you more than seven (7) days after the date of the finalization of the transaction which is the subject of the complaint in question will not be taken into account, and shall have no value.

You may address complaints via email to support@zweeler.com. Zweeler will do its utmost to resolve reported complaints as early as possible.

Under no circumstances shall Zweeler be held responsible for the investigation or initiation of a complaint made by any Participant against any other Participant for any reason, including but not limited to, the conditions in this Agreement.

Zweeler in its sole discretion can decide to act against any person suspected of illicit actions.

Dispute Resolution

Any dispute or difference arising out of or in connection with the Zweeler Policies shall be determined in accordance with the laws of the state of Delaware.

The Zweeler Customer Care team will always attempt to resolve any complaint professionally and courteously.

However, if you have been in touch and remain unhappy with the resolution, please inform Zweeler.

If you remain unhappy with any final resolution, the dispute shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in New Castle County, Delaware, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.

The arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Delaware, provided that (a) the arbitrator shall not have authority to award punitive damages; and (b) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party.

For claims that are not subject to arbitration, the exclusive jurisdiction and venue for related shall be the courts of competent jurisdiction sitting within New Castle County, Delaware (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. You and Zweeler waive any and all rights to trial by jury with respect to any Claims.

This Dispute Resolution provision shall survive termination of this Agreement.

Exception - Litigation of Intellectual Property and Small Claims Court Claims

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 seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt-Out

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 Zweeler at support@Zweeler.com. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Zweeler also will not be bound by them.

18. Class Action Waiver

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 ZWEELER 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 any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

19. Responsible Gaming

Support

Zweeler is committed to endorsing responsible gaming among its customers as well as promoting the awareness of problem gambling and improving prevention, intervention and treatment.

Please also read the Zweeler Responsible Gaming Policy (“RGP”), which further describes Zweeler’s commitment to minimize the negative effects of gambling and promoting responsible gaming practices. Zweeler aims to constantly comply with the latest version of the rules, guidelines and conditions set by the jurisdictions in which the Contests are offered.

Zweeler commits itself to annually donate to the prevention and treatment of problem gambling in the United States.

If you have questions or concerns about your own gaming behavior or about that of a friend or family member, please enlist the help of the National Council On Problem Gambling (www.ncpgambling.org). You can also contact a 24 Hour Confidential National Helpline Number: 1-800-522-4700

If you believe that a member of your family has a gaming problem or is playing beyond their means please contact support@Zweeler.com for assistance.

SELF LIMITATION and SELF EXCLUSION

REQUESTS BY E-MAIL TO SUPPORT@ZWEELER.COM

You can request that Zweeler implements the following measures:

  1. Set a maximum amount of funds you can use for participating within a specified period of time; OR
  2. entirely exclude you from participating for a definite or indefinite period of time.

You can request that Zweeler change or revoke the implemented measure.

As a form of immediate protection of the player, the following requests will be effective immediately (or as soon as Zweeler can adjust these settings in the back office) after receiving the request:

  • An initial request as defined in this article (1 or 2).
  • A request to lower the maximum amount of funds you can use for participating within a specified period of time.
  • A request to lengthen the time of exclusion.

As a form of indirect protection of the player, the requests below will be effective only seven (7) days after receiving the request:

  • A request to raise the maximum amount of funds you can use for participating within a specified period of time
  • A request to shorten the time of exclusion.
  • A request to entirely revoke the implemented measure.

Zweeler cannot be held responsible for any losses or damages related to the implemented measures (1 or 2) which the participant has deactivated for himself/herself.

REQUESTS BY E-MAIL TO SUPPORT@ZWEELER.COM

20. Governing Law

This agreement will be governed by and construed in accordance with laws of the state of Delaware, without respect to its conflict of laws principles.

If any provision contained in the Zweeler Policies is held by any court or other competent authority to be void or unenforceable in whole or in part, the terms and conditions shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

Any waiver by Zweeler of any breach by any Participant of any provision of the Zweeler Policies shall not be considered as a waiver of any subsequent breach of the same or any other provision of the Zweeler Policies.

21. Assignment

 

The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Zweeler’s prior written consent. Any assignment in violation of this section shall be null and void. Zweeler may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

22. No Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

24. Geographic Limits of Service

Zweeler makes no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Zweeler, are responsible for compliance with applicable local laws.

25. Integration and Severability

These Terms and other referenced material constitute the entire agreement between you and Zweeler with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Zweeler with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.

26. Contact

If you have any questions regarding these Terms, please contact us at support@Zweeler.com.