Revised – April 2020
Please read the following terms and conditions carefully before using this website. If you disagree with any of the terms and conditions, we ask that you do not use this website or access any of its pages for any purpose. The Oregon Racing Commission has approved the 1/ST BET app and website as an affiliate of Xpressbet, LLC. 1/ST BET is managed by Xpressbet, LLC, in conjunction with BETMIX LLC, an affiliate of Xpressbet, LLC. Xpressbet, LLC is a multi-jurisdictional account-wagering hub, licensed in the State of Oregon, operated and regulated by the Oregon Racing Commission under the laws of the State of Oregon. It is understood and agreed by you the reader that hereinafter the use of the term of “1/ST Technology” shall collectively refer to Xpressbet, LLC, BETMIX LLC, and the 1/ST BET app/website. Your access to and use of this website/app is subject to the following terms and conditions of use and all applicable international, State, Federal and local laws. By accessing the website/app, you accept, without limitation or qualification, these Terms and Conditions. Please note that section headings are for your convenience only and have no legal effect. You agree that you will not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law.
In preparing this website/app, 1/ST Technology has tried to include accurate, complete and current information; however, there are no guarantees or warranties (express or implied) about the website/app contents. The information contained here is provided “AS IS” and 1/ST Technology is not responsible for its use or misuse. 1/ST Technology may change or delete portions of this website/app from time to time without notice or obligation to the users. Information may be changed or updated without notice and may contain technical, substantive, or other inaccuracies. 1/ST Technology makes no commitment to, and specifically disclaims any duty to, update or correct any such information. 1/ST Technology shall not be liable for damages of any kind arising out of or in connection with the use of this website/app. 1/ST Technology may change the Terms from time to time, and your continued use of this website/app after any changes constitutes your acceptance of the new Terms.
The text, images, graphics and layout on this website/app are copyrighted and are protected by international copyright laws and treaties and are either owned or licensed by 1/ST Technology. 1/ST Technology grants to you a revocable license to view and print any material on this website/app for personal, non-commercial use provided that you do not modify or alter the material in any way, including by deleting or changing any copyright or trademark notice. This is a license grant and does not constitute any transfer of ownership. This license is non-transferable and may be terminated or revoked at any time in 1/ST Technology’s sole and absolute discretion. The contents of this website/app may not be copied or displayed for commercial purposes without our written consent. 1/ST Technology reserves the right to control the framing of this website/app. You are expressly prohibited from framing or otherwise displaying or incorporating any portion of this website/app into any other information system.
The trademarks, trade names, service marks, and corporate logos and emblems displayed on this website/app, including names and logos identifying 1/ST Technology, and any of their affiliates (each, a “1/ST Technology Trademark”) are owned by 1/ST Technology or an affiliate, respectively. No 1/ST Technology Trademark may be used without prior written permission from the owner of the 1/ST Technology Trademark. Other marks that appear on this website/app may be claimed as trademarks or service marks by their respective owners, who may not be affiliated with 1/ST Technology.
1/ST Technology’s Privacy Statement also applies to your use of this website/app and is incorporated herein by this reference.
Unless 1/ST Technology has entered into a separate agreement with you or your company to the contrary, and subject to various state laws, 1/ST Technology is under no obligation to protect or otherwise treat as confidential any information you submit to 1/ST Technology via this website/app. By submitting any information to 1/ST Technology via this website/app, you agree that such information shall become the property of 1/ST Technology and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as 1/ST Technology sees fit without notice or obligation to the originator. You agree that you are not entitled to any compensation, credit, or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against 1/ST Technology, or its affiliates or subsidiaries relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract. or breach of confidentiality. 1/ST Technology, subject to various state laws, may collect and sell to third parties your non-identifying personal information.
1/ST Technology does not control and is therefore not responsible for the content of any non- 1/ST Technology website you may gain access to through this website/app. Links to non- 1/ST Technology websites are provided only as a convenience and do not imply that 1/ST Technology endorses, verifies, monitors, or accepts any responsibility for the content of any such website. 1/ST Technology makes no representations about, and is not responsible for, the contents or use of such other websites. You acknowledge and agree that 1/ST Technology shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any non- 1/ST Technology website.
1/ST Technology uses reasonable efforts to maintain this Web Site but is not responsible for the results of any defects, outages, interruptions, viruses or other harmful components that exist in this Web Site. You should not assume that this Web Site or its content is error-free or that it will be suitable for the particular purpose that You have in mind when using it.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 1/ST TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. 1/ST TECHNOLOGY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY 1/ST TECHNOLOGY TO PROVIDE ACCESS TO OR USE OF THIS WEB SITE, OR ANY OTHER CAUSE WHATSOEVER.
1/ST Technology may, in its sole discretion and at any time, modify or discontinue this Web Site or limit, terminate or suspend a User's use of or access to this Web Site. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, then 1/ST Technology’s maximum liability for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or US$100.00, whichever is lower.
All systems, programs, records, statistics, data, documentation of either an audio or visual nature, and any other material utilized or developed by 1/ST Technology, its subcontractors, or the party credited as the provider of the content, in connection with this Web Site are and shall remain the sole property of 1/ST Technology or any third-party licensor of 1/ST Technology. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator's manuals, components, and accessories comprising the system furnishing the services hereunder and provided by 1/ST Technology or its licensor at all times.
1/ST Technology Trial accounts are limited feature, non-real money wagering accounts with 1/ST Technology. 1/ST Technology Trial account holders must live in a state that is legal for 1/ST Technology to offer ADW wagering, and must be at least 18 years of age (21 in Alabama, Arizona, Indiana, Iowa, Kansas, North Dakota, New Hampshire and Washington).
Users accessing the Trial Account sign up form will be asked for their Name, Zip Code, Email Address and Year of Birth. Trial Account users will also be required to create a secure username and password in order to access the Trial Account via www.xpressbet.com. Once created an 1/ST Technology Trial account is active for 180 days or until the user chooses to upgrade to a Full 1/ST Technology Wagering account, whichever comes first. 1/ST Technology Trial account users who wish to upgrade their account to a Full 1/ST Technology Wagering account may do so by completing the 1/ST Technology Sign Up form. Upgrading to a Full 1/ST Technology Wagering account will require the 1/ST Technology Trial account user to give his/her Social Security Number to 1/ST Technology in order for 1/ST Technology to confirm the user’s Age and Residency.
Trial Account users who access the 1/ST Technology site will have limited access to the following features: Race Card Details, Scratches/Changes, Live Video, as well as certain news articles and videos published by 1/ST Technology. Trial Account users will have no ability to enter into any financial transactions, including but not limited to making a deposit or placing a wager.
By opening an Account with 1/ST Technology, you certify that:
a. You have read and agree to use the Account in accordance with the instructions and conditions Terms of Wagering, or as otherwise communicated to you from time to time by 1/ST Technology.
b. You have read and agree to the terms and conditions set out in the Account Application.
c. You authorize 1/ST Technology to accept, and you agree to be responsible for, all instructions sent to 1/ST Technology or to our totalizator system, by such means as are made available by 1/ST Technology, when accompanied by Your Account Number and personal identification number ("PIN") and/or password ("Password").
d. You hereby consent to the recording of all Account transactions including any calls made to our 1/ST Technology Business Office.
e. You represent and warrant that you are at least 18 years of age (21 in Alabama, Arizona, Kansas, North Dakota, New Hampshire, Washington). You are familiar with all relevant local laws of the jurisdiction in which you reside. You have the legal right to place Wagers, and we have the right to accept your Wager(s). You further agree that in the event you are traveling outside of the jurisdiction in which you reside, you will only place Wagers from those jurisdictions where account wagering is legal.
f. You acknowledge that the Account is for your personal use only. Any Wagers placed by a person other than you is strictly prohibited and will give 1/ST Technology the rights to immediately terminate your Account. You are legally responsible for all wagering placed through your Account using your Account Number, PIN and Password, whether by you or any other person with or without your knowledge or consent, until notification from You has been received by 1/ST Technology confirming either (i) that the confidentiality of your Account Number, PIN or Password have been compromised or (ii) that you wish to close account. You bear full responsibility for maintaining the confidentiality of your Account Number, PIN and Password and must do so.
g. You are placing Wagers for personal, private use only, and you will not make any information, materials, or services available from this service available to any person who is not otherwise allowed to access them. This precludes the use of this information, materials, or services for commercial purposes, as well as the making of this information, materials, or services available to a minor in any way, shape or form.
h. You acknowledge that 1/ST Technology has the right to offer to you and sell to you information products and services as we feel from time to time are of value and interest to you.
i. You acknowledge that 1/ST Technology has the right to debit from Your Account the cost of any information products purchased by You.
j. You acknowledge that 1/ST Technology reserves the right to report unusual or suspicious activity to the proper authorities.
k. When placing Wagers on races taking place at tracks in Canada, you hereby consent to 1/ST Technology recording of all Account transactions and calls and the monitoring of the said transactions and calls by the Canadian Pari-Mutuel Association (CPMA). The CPMA can be contacted respecting any regulatory concerns to your account by calling toll free at 1-800-268-8835.
1/ST Technology reserves the right, at its sole discretion and without prior notice, to discontinue, deny or alter services offered without creating any obligation or liability to You. Further, 1/ST Technology reserves the right to refuse or void or cancel Wagers where such Wagers have been placed on the basis of erroneous data. In the event 1/ST Technology voids or cancels any particular Wager, 1/ST Technology shall promptly credit the applicable Account the amount of the Wager. Additionally, 1/ST Technology has measures in place to prevent negative breakage wagers as it relates to SHOW pools.
1/ST Technology reserves the right, at its sole discretion, to terminate and close an Account for whatever reason and without explanation. In the event an Account is terminated and closed, 1/ST Technology shall return the balance of any funds in Your Account at the time of termination and closure, together with a closing Account statement.
1/ST Technology incurs operational and administrative costs to keep inactive accounts open. Your Account will be deemed to be inactive if there is no wagering activity for 12 consecutive months (Inactive Account). Your Account can be reactivated at any time by placing a wager. 1/ST Technology reserves the right to deactivate Your Account if it’s deemed to be an Inactive Account, or in the event that an Inactive Account has funds on deposit, to assess a monthly maintenance service charge of US$5.00 or five percent (5%) of the original Inactive Account balance, whichever is greater. If the balance in an Inactive Account is US$5.00 or less, the remaining balance will be assessed and the charge will not exceed the available balance in Your Account. Residents of Minnesota are exempt from the account maintenance service charge. New York residents that have an account balance older than 36 months shall be treated as abandoned property pursuant to section 300 of the Abandoned Property Law, as prescribed by Racing, Pari-Mutuel Wagering and Breeding Law section 1012(11). With the exceptions of residents of NY and MN, in the event the balance of any funds in Your Account at the time of termination and closure is less than US$2.00, the balance will not be credited to You and will be retained by XPRESSBET as an Account termination processing fee.
In the event multiple "official" prices are posted by the racetracks (as a result of miscalculation of payoffs by the track, an error by the state judges, or any other reason), 1/ST Technology will ascertain the final "official" prices from the racetrack and will make any adjustment to its account holders’ accounts necessary to correct any incorrect debits or credits made to the account holders’ accounts as a result of receiving the non-final "official" prices.
ACCEPTANCE OF INTERNET WAGER
ACCEPTANCE OF TELEPHONE WAGER
You acknowledge that 1/ST Technology shall not be deemed to have accepted any Wager until you hear Your Wager read back to you by the teller or automated voice system and has been accepted by You and confirmed by the system. Any communications between You and 1/ST Technology, prior to receipt of confirmation of Your Wager, are merely offers to wager. Wagers may be cancelled by you after a Notice of Confirmation has been issued by 1/ST Technology; however 1/ST Technology reserves the right to limit the number and the amount of cancellations that you can perform. 1/ST Technology will be held harmless in the event that, due to any reason, a wager fails to be cancelled.
You are responsible for any telecommunication network costs associated with Your use of this website/app. Please contact your telecommunication network provider for further details.
DEPOSITS AND WITHDRAWALS
There is no charge for opening an account with 1/ST Technology; however under Oregon regulations a minimum initial deposit of US$10 is required, with exception of Massachusetts, which requires an initial deposit of US$25.
You will not be permitted, under any circumstances, to establish a negative balance or overdraft in your Account. A deposit of money to your Account can only be made by you. Pre-registered credit cards will enable you to make deposits to your Account over the Internet. No direct credit card pari-mutuel wagering is permitted. In the event that credit card, electronic transfers or check transactions (including ACH) are returned from your bank unpaid, we reserve the right to remove these pre-deposited funds from your Account or other forms of payment you have previously present to 1/ST Technology for payment or use for other deposits. All returned items, whether ACH from a checking or savings account, or a physical check or credit card cash advances, are subject to an immediate US$25.00 returned item charge, and are subject to collections efforts or proceedings.
1/ST Technology reserves the right to charge a maintenance fee on all deposits. The current maintenance fee is US$5 per transaction. This fee will be added to the amount of the deposit. This fee may be waived or reinstated at the discretion of 1/ST Technology.
You may deposit funds into your Account in Canadian or U.S. currency. Canadian funds deposited into your Account will remain in Canadian funds; for wagers that are placed on races taking place at tracks located in Canada, no currency exchange will take place, but for wagers placed on U.S. tracks, the value of each such Wager for the purposes of calculating the deductions and pay-out prices under applicable regulations shall be determined by converting the Wager from Canadian dollars into U.S. dollars at the rate of exchange between the Canadian dollar and the U.S. dollar as quoted by [the Bank of Canada] at noon on the day immediately preceding the day on which the post time of the first race of the racing card is scheduled. You must withdraw funds from your Account in the same currency as the currency used for the deposit. You are responsible for the payment of all applicable sales, use, gaming or other taxes for products, services, or Wagers purchased or placed. In offering account wagering services, 1/ST Technology complies with Internal Revenue Service (IRS) requirements for reporting and withholding proceeds from Wagers placed by account holders residing in the U.S. Pursuant to these reporting requirements, you agree to indemnify and hold harmless 1/ST Technology for any claims, demands, liens or judgments based on non-payment of underpayment of such U.S. taxes. You hereby grant to 1/ST Technology a priority lien and security interest in all of your right, title and interest in and to the proceeds of any Wager to the extent required to satisfy any U.S. taxing authority claims or liens. You agree to file any financing statements or other appropriate document with the relevant governmental authorities to assure the validity, priority and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any Wager to any third party without prior the written consent of 1/ST Technology.
Users who have a Password allowing access to specific individual wagering accounts shall not disclose, transmit, post, give away or otherwise share the Password with any non-authorized party or use the Password for any unauthorized purpose. User agrees to notify 1/ST Technology immediately of any unauthorized use of a Password, registration profile, or any other breach of a wagering account's security.
DISCLAIMER & LIMITATION OF LIABILITY
ALL PRODUCTS AND SERVICES PURCHASED ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE GAMING ESTABLISHMENTS, DISTRIBUTORS AND SUPPLIERS. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BETMIX DISCLAIMS ALL WARRANTIES OR AFFIRMATIONS OF FACT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO PRODUCTS OR SERVICES PURCHASED. BETMIX DOES NOT WARRANT THAT ANY PRODUCT OR SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS. BETMIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION. BETMIX, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY PRODUCT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT AND WHETHER BETMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT. BETMIX DISCLAIMS ANY LIABILITY FOR MISUSE OR ABUSE OF GAMING SERVICES OR NON-COMPLIANCE WITH LEGISLATION (AS DEFINED ABOVE). BETMIX MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, 15 U.S.C. ßß2301-2312 OR THE CONSUMER PROTECTION ACT, S.O. 2002, c. 30, SCHED. A, OR SIMILAR CONSUMER PROTECTION LEGISLATION OF ANY OTHER JURISDICTION. THIS DISCLAIMER APPLIES TO BETMIX SUBCONTRACTORS.
Because certain jurisdictions to which the Terms of Wagering may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason, then the maximum liability of 1/ST Technology for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or US$100.00, whichever is less.
a. Force Majeure
1/ST Technology shall not be liable for any delay in or impairment of performance resulting in whole or in part from externally caused interference, damage or disruption to network components, transmission or pipeline facilities (which includes network, electrical or other common systems); irreparable component, transmission or pipeline failure (the failure or interruption of pipeline facilities); acts of God; severe weather conditions; governmental decrees or controls; strikes, labor disputes, acts of war or civil unrest; acts of third parties, inability to ship product or obtain permits and licenses, supplies or raw materials or any other circumstances or causes beyond the reasonable commercial control of 1/ST Technology.
b. Complete Agreement
The Terms and Conditions, the Terms of Wagering are incorporated herein by reference and collectively constitute the entire agreement between you and 1/ST Technology regarding the subject matter hereof, subject to applicable law.
In the event any one or more of the provisions of the Terms of Wagering are for any reason to be invalid or unenforceable, the remaining provisions of such Terms of Wagering shall be unimpaired, and the invalid or unenforceable provision shall be replaced by a provision which being valid and enforceable, comes closest to the intention of the parties underlying the invalid or unenforceable provision(s).
d. Independent Contractors
You and 1/ST Technology are independent contractors for all purposes and neither party shall act as or hold itself out as agent for the other nor create or attempt to create liabilities for the other party.
e. Tax Reporting and Withholding
Wagering resulting in winnings of US$600.00 or more by a User who is a U.S. resident will be reported to the Internal Revenue Service if the amount of winnings is at least 300 times the original amount wagered. Winnings over US$5,000.00 by a User who is a U.S. resident are subject to both reporting and withholding if the amount of winnings is at least 300 times the original amount wagered. Additionally, residents of Illinois are subject to state withholding of 4.95% on winnings of $5,000 or greater from horse and dog racing. Payments of winnings of $5,000 or greater are subject to Illinois withholding, notwithstanding that higher dollar thresholds for federal withholding may be provided. When required 1/ST Technology will report and withhold winnings. A Form W2-G will be sent to the U.S. resident User summarizing such activity.
f. Choice of Law and Forum: No Modifications
The Terms of Wagering are governed by the State of Oregon, without giving effect to its conflict of law principles, save and except for residents of Canada. Except for residents Washington and residents of Canada, jurisdiction and venue for any claim arising under the Terms of Wagering shall lie exclusively with the state or federal courts sitting in the State of Oregon. Residents of Minnesota disputes are handled through Minnesota courts and/or the Minnesota Racing Commission. You waive any and all objections to such jurisdiction and venue and waive personal service of process and agree that any summons and complaint commencing an action in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to the Terms of Wagering shall be tried by a court and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT.
g. Theft and Fraudulent Activity
If You are a resident of Canada, jurisdiction and venue for any claim you may have arising under the Terms of Wagering shall lie exclusively with the Alberta Court of Queen’s Bench sitting in the City of Calgary. You waive any and all objections to such jurisdiction and venue and waive personal service of process and agree that any summons and complaint commencing an action in the Alberta Court of Queen’s Bench sitting in the City of Calgary shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to the Terms of Wagering shall be tried by a judge and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT.
At the option of 1/ST Technology, disputes between 1/ST Technology and a User who is a resident of Canada shall be resolved by an arbitration panel sitting in the Province of Alberta in accordance with the Uncitral model law on international commercial arbitration set out in the International Commercial Arbitration Act, R.S.O. 1990, c. I-9, and any award rendered by such an arbitration proceeding may be entered in any court of competent jurisdiction thereof. The remedies provided in the Terms of Wagering for breach thereof by 1/ST Technology or by you shall constitute the sole and exclusive remedies to the aggrieved party and any and all such remedies which might otherwise be available under the law of any jurisdiction are hereby expressly waived by both 1/ST Technology and you.
g. Theft and Fraudulent Activity
1/ST Technology will report any activities that we reasonably believe constitute fraud or theft to the appropriate law enforcement authorities and may prosecute such activities to the full extent of the law. To the extent permitted by law, 1/ST Technology will retain the proceeds resulting from such fraudulent activity or theft and use those funds to pay for damages and losses resulting from such fraudulent activity or theft.
General and specific inquiries regarding Terms of Wagering should be directed to:
Director of Operations
200 Racetrack Road, Building 26
Washington, PA 15301
or via email to email@example.com
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