TERMS OF SERVICE
Last Modified: December 21, 2023
ACCEPTANCE OF THE TERMS OF SERVICE
Your use of BroThrow's website and the features at this site (collectively, the "Site") are subject to these terms ("Terms"). Please read these Terms carefully before using this Site. The Site is owned and controlled Brothrow, LLC, an Arkansas limited liability company ("BroThrow") and its affiliates.
CHANGE OF TERMS
From time to time we may update this Site and these Terms. Your continued use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
REGISTRATION/OPENING AN ACCOUNT
To participate in any games or access any features on the Site, you must register for an account with BroThrow. By registering an account, you agree that:
You have provided accurate, truthful, current, and complete information about yourself.
You have read and agree to abide by these Terms.
You have only registered one (1) account with the Site.
You are eighteen (18) years of age or over, of sound mind, capable of taking responsibility for your own actions, and can enter into a legally binding agreement with us.
You consent to age-verification and identity-verification checks as part of the registration process.
You will not allow any other person to access or use your account.
You consent to the jurisdiction of the State of Arkansas to resolve any disputes arising out of your use of this Site.
You consent to the monitoring and recording by BroThrow of any wagering communications and geographic location information.
You acknowledge that BroThrow reserves the right to report unusual or suspicious activity to the proper authorities.
Your participation in the games and sports wagering is personal, and not professional.
ACCESS AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Please note that the Site is not for use by persons under 18 years of age. No one under the age of 18 years is permitted to participate in the activities or games provided on the Site. Furthermore, no user may access this Site if prohibited to do so under local law applicable to the user. If it comes to BroThrow's attention through reliable means that a registered user is a person under 18 years of age or is otherwise not permitted to use the Site, BroThrow will, among other recourses available to it, cancel that user's account. You understand and accept that BroThrow is unable to provide you with any legal advice or assurances and that it is your sole responsibility to always ensure that you comply with the laws that govern you and that you have the complete legal right to use the Site. Any use of the Site is at your sole option, discretion, and risk. By using the Site, you acknowledge that you do not find the Site to be objectionable, unfair, or inappropriate in any way. It is strictly forbidden to use any automated software or computer system to play at BroThrow. Robots or any software designed to play automatically are not allowed. BroThrow reserves the right to monitor your activity on the Site, including through devices used to access the Site, and reserves the right to publicize information of any such documented abuse.
SETTLING AND DISCLAIMERS
By accessing the Site and engaging in activity on the Site, you expressly agree to settle and satisfy, through appropriate and legal means, all wagers and activity conducted through the Site. You acknowledge and agree that neither BroThrow nor its affiliates, licensors, service providers, parents, subsidiaries, representatives, contractors, suppliers, successors, assigns, employees, agents, officers, executives, shareholders, directors, or owners have any responsibility to collect or settle wagers or activity conducted on the Site. In the event you do not settle and satisfy all wagers and activity conducted through the Site or are unresponsive for more than 48 hours to our attempts to contact you via SMS text message, phone call, and/or email regarding settlement and satisfaction of all wagers or activity conducted through the Site, the Site reserves the rights to:
Suspend and/or permanently deactivate your BroThrow account.
Contact any BroThrow users affiliated with your account (including, but not limited to, users referred by you to BroThrow and your referring user (if applicable) via text message, phone call, and/or email.
Suspend and/or permanently deactivate the accounts of any BroThrow users affiliated with your account.
Send delinquency notices to you via text message and/or email outlining BroThrow’s potential recourses including, but not limited to:
Warning of charges to your Payment Methods on file with BroThrow, including for both current and past Subscriptions, for any delinquent amounts.
Forfeiture of any deposits on file with BroThrow.
Warning of sharing your contact information with any users with whom you have delinquent balances.
Publicize information of any such documented abuse.
BY ACCESSING THE SITE, YOU EXPRESSLY DISCLAIM AND WAIVE ANY CLAIM AGAINST BROTHROW AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, PARENTS, SUBSIDIARIES, REPRSENTATIVES, CONTRACTORS, SUPPLIERS, SUCCESSORS, ASSINGS, EMPLOYEES, AGENTS, OFFICERS, EXECUTIVES, SHAREHOLDERS, DIRECTORS, OR OWNERS RELATED TO PAYMENT OF WAGERS OR SETTLING OF BETS.
BroThrow reserves the right, in its sole discretion, to make the determination as to whether you are interacting with the Site in a responsible way and in accordance with BroThrow policies and procedures. BroThrow reserves the right, in its sole discretion, to impose responsible gaming limits and exclude such authorized account holder that BroThrow determines are not engaging in responsible gaming or otherwise adhering to BroThrow’s policies and procedures.
Your BroThrow PRO or PRO+ subscription ("Subscription") will continue and automatically renew until terminated. To use the Subscription, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your subscription before it renews to avoid billing of the Subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).
The Subscription fee for the BroThrow PRO and PRO+ services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the date you initiate or upgrade (where applicable) your Subscription. The length of your billing cycle will depend on the type of subscription that you choose when you activate the service. By default, this length is one (1) calendar month. Subscription fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your Subscription plan or if your paid Subscription began on a day not contained in each month. We may authorize your Payment Method in anticipation of Subscription charges through various methods, including authorizing it up to approximately one month of service as soon as you subscribe.
To use the Subscription, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Site until we have successfully charged a valid Payment Method. If your payments are made by ACH/electronic debit, we reserve the right to re-deposit the payment up to two times in accordance with banking rules and regulations. Returned items are subject up to a $25 handling fee, payable to BroThrow which may be electronically debited through the ACH network or passed on to a collection agency. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
You can update your Payment Method by accessing the "Subscription" tab on the "Account" page by cancelling your active Subscription and re-subscribing with a new Payment Method. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your Subscription at any time, provided your account is not currently accessing or utilizing features only available as part of the Subscription. Once your account is no longer accessing or utilizing features only available as part of the Subscription, you can cancel your Subscription at any time, but you will immediately lose access to the Subscription services. To cancel, access the "Subscription" tab of the "Account" page on the BroThrow website and follow the instructions for cancellation.
We reserve the right to change our Subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your Subscription will take effect following notice to you at least 10 days before payment date using the email address we have on file.
We may offer several Subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some Subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription by visiting the BroThrow website and accessing the "Account" link and then the "Subscription" tab.
We may from time to time offer special promotional offers (“Offers”). Offer eligibility is determined by BroThrow at its sole discretion and we reserve the right to revoke an Offer and suspend your account if we determine you are not eligible. Members of households with an existing or recent Subscription may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you.
Refunds may be requested only within 24 hours of establishing a Subscription. To request a refund and terminate your Subscription benefits immediately, please send an email to email@example.com with "Refund Request" in the subject line with your full name, email address, phone number, and the reason for your refund request in the body of the email. This process may take up to 14 business days for review.
RELIANCE ON INFORMATION POSTED
We do not set any lines or stakes on the Site. All lines or stakes posted on the Site are acquired through an independent third-party source and made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Ultimately, you as a user are solely responsible for setting your own bets and stakes on the Site.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively "Content") are owned by BroThrow, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not use such Content or marks without the prior written permission of BroThrow. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You agree not to download, display, or use any Content located on the Site in connection with products or services that are not those of BroThrow, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of BroThrow or its licensor's property, or that otherwise infringes on BroThrow's or its licensors' intellectual property rights. You further agree not to misuse any Content or Third-Party Content that appears on this Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by BroThrow. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree that: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by BroThrow in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
On certain areas of our Site, you may be able to submit written posts and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; that you will not post any content that infringes or violates the rights of any third party; that you will not impersonate any person or organization, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to BroThrow a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed, to the extent that such User Content is not deemed a work made for hire under the terms of your employment arrangement with BroThrow. This license includes the right to host, index, cache, distribute, and tag any User Content. You represent and warrant that you own the content submitted, displayed, published, or posted by you on the Site and otherwise have the right to grant the license set forth herein.
Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).
TERMINATION OF ACCESS
You understand and agree that you have no ownership rights to the Site or the materials and features therein. We have the right to disable or terminate any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or the law. BroThrow assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account.
THIRD PARTY INFORMATION
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BroThrow, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BroThrow. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If this Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
CHANGES TO THE SITE
We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
LINKING TO THIS SITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Site may provide certain social media features that enable you to:
Link from your own or certain third-party Sites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Service.
The site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
BroThrow, at its sole discretion, may remove or disable access to material on its Site that infringes upon the intellectual property rights of others. In appropriate circumstances and at its discretion, BroThrow may also terminate and/or disable accounts that infringe upon the intellectual property rights of others.
In the event any person or entity reasonably believes that their intellectual property rights are being violated by a user of the Site or are, in any way, being copied or reproduced without their permission within the Site, then the party who is alleging same must provide notice to BroThrow as described herein.
To be valid, notices must be in writing, submitted to the address at the bottom of these Terms and include:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the Site.
Your address, telephone number, and e-mail address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The party who is allegedly violating the intellectual property rights of another will be made aware of the accusations by email notification within thirty (30) days of the original notice of accusations. Said party will have sixty (60) days to respond with a counter-notice via email notification if it disagrees with the allegations.
DISCLAIMER OF WARRANTIES AND OTHER DISCLAIMERS
Your use of this Site, its contents, and any services or items obtained through the Site is at YOUR OWN RISK. The Site, its content and any services or items obtained through the Site are PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, without warranties of any kind, either expressed or implied. Neither BroThrow nor any person associated with BroThrow makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither BroThrow nor anyone associated with BroThrow represents or warrants the Site, its contents, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free from viruses or other harmful components, or that the Site or services or items obtained thought the Site will otherwise meet your need or expectations.
TO THE FULLEST EXTENT PROVIDED BY LAW, BROTHROW HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. BroThrow and the use of the Site includes games of skill. Winners and losers are determined by criteria stated in each contest. The individuals involved in each contest use their own skill and knowledge of sports to compete in each contest. You must be aware of all risks, including but not limited to financial risk associated with the use of the Site. Nothing contained herein shall constitute a guarantee of winning nor is there any intention to induce anyone to violate any local, state, or national laws.
You expressly understand and agree that your use of the Site is at your sole risk. You understand and accept that BroThrow is unable to provide you with any legal advice or assurances and that it is your sole responsibility to always ensure that you comply with the laws that govern you and that you have the legal right to use the Site. Some states and countries may prohibit or limit some use or form of services available through BroThrow on the Site. You are responsible for ensuring that you are familiar with your own local laws and that you do not infringe on these regulations.
The Site is an entertainment vehicle and educational guide. The content of the website is for informational purposes only. You accept that it may become outdated and is subject to change at any time. BroThrow may contain or direct information to you that some people may find offensive or inappropriate. BroThrow makes no representations and will not be responsible for or liable for accuracy or legality of any content contained herein. We must inform all visitors to our Site that we accept payments from companies advertising on our Site
DISCLAIMER OF DOWNLOADS
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, BROTHROW WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
LIMITATION ON LIABILITY
To the fullest extent provided by law, in no event will BroThrow, its affiliates, licensors, service providers, parents, subsidiaries, representatives, contractors, suppliers, successors, assigns, employees, agents, officers, executives, shareholders, directors, or owners be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, and sites linked to it, any content on the Site or such other sites, including any direct, indirect, incidental, consequential, or putative damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data whether caused by tort, breach of contract, or otherwise, even if foreseeable.
You agree to defend, indemnify, and hold harmless BroThrow, its affiliates, licensors, service providers, parents, subsidiaries, representatives, contractors, suppliers, successors, assigns, employees, agents, officers, executives, shareholders, directors, or owners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
You are solely responsible for reporting and paying any taxes as required by the governing law of your country of residence.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Arkansas, in the United States of America, and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of State of Arkansas, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in the State of Arkansas. By using this Site, you hereby agree that all disputes regarding these Terms will be subject to the courts located in the State of Arkansas. These Terms operate to the fullest extent permissible by law. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THESE TERMS, AND/OR THE SUBMISSION OF AND/OR OUR USE OR DISTRIBUTION OF CONTENT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by BroThrow of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BroThrow to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
YOUR COMMENTS AND CONCERNS
This Site is operated by BROTHROW, LLC 1722 N COLLEGE AVE, SUITE C #203, FAYETTEVILLE, AR 72703.
All other feedback, comments, requests for technical support, reports of violation and other communications relating to the Site should be directed to: firstname.lastname@example.org.