PREMIER TURF CLUB, LLC. TERMS AND CONDITIONS
(updated November, 2012)
PTC's service consists of access to PTC's network, including all available track programs, live odds for all available tracks, and live audio/video for available premium track content (the "Service" or "Services"). Services may also include the ability to place wagers on available races through PTC's online Wagering Platform, and for certain players, through live telephone operators. PTC reserves the right to change the Service or any specific feature of the Service at any time, without notice.
Upon acceptance and completion of the application process, you will receive a PTC wagering account (the "Account") and become an account holder (the "Account Holder"). By becoming an Account Holder, you certify, agree, represent, warrant and accept the following:
B. You represent and warrant to PTC that you are at least 18 years of age.
C. You will provide PTC with accurate and complete billing and primary residential information including your full legal name, residential address, telephone number and email address. Any changes to the above-mentioned Account information must be reported to PTC as soon as possible, but in no event later than 10 days after such change. Such changes will be verified by a third-party identification service.
D. You will provide PTC with an accurate social security number which will be verified.
E. You agree to pay all charges posted to your account for the Services provided under this Agreement. Procedures for cancellation of this Agreement are provided below.
F. You authorize PTC to verify Account Holder information provided using a third party database. This authorization will remain in effect and PTC may verify your Account Holder information periodically, until such time as you notify PTC in writing that you wish to cancel your Account.
G. You agree to allow PTC to use your information to open advance deposit wagering accounts on your behalf as required by law or contract.
H. PTC reserves the right to reject any application, and further reserves the right to refuse deposits to the opening and maintenance of accounts for any reason that it deems to be good and sufficient.
DEPOSITS, WITHDRAWALS, AND WAGERING
Deposits: Deposits to your Account can be made by check, money order, cashiers check, wire transfer, credit card or debit card. Please note that additional restrictions and regulations may apply for certain jurisdictions. PTC reserves the right to enforce additional restrictions at its sole discretion.
PTC accepts personal checks by mail. All personal checks are subject to a hold period to enable check clearance (generally 1-5 business day hold). In the event of a return, all checks or ACH (Electronic Checks) used to fund your wagering account will be subject to a $30.00 returned item service charge. PTC accepts money orders and cashiers checks by mail. All money orders and cashiers check are given immediate credit after confirmation of validity.
Wire transfers must be drawn on an account for which the Account Holder is an owner. All wire transfers are posted immediately upon receipt of confirmation.
Credit and debit card deposits will be posted to your account immediately. Please see the Fund Your Account link at www.betptc.com for more specific information regarding credit and debit card deposits.
Withdrawals: All withdrawal requests must be made by telephone. Account Holders must authenticate themselves prior to any withdrawal request. Withdrawals are available by check, ACH or wire transfer only. All withdrawal requests are processed within two business days. For amounts in excess of $50,000 we may require up to five business days to process a withdrawal request. All withdrawals will be sent to the Account Holders residence address on file, or the checking account designated on the Electronic Check Authorization Agreement used to establish their account. Account Holders are entitled to receive one wire per month free of charge. Additional wire transfers during the calendar month will be charged at a rate of $25 per wire transfer. PTC reserves the right to waive wire charges for any customer at its sole discretion.
Wagering: All Account Holders may place wagers with PTC through the PTC internet wagering web site. Additionally, certain Account Holders may place wagers by calling a toll-free number and speaking to a live telephone operator. Whether they are wagering through the internet, or with a telephone operator, Account Holders may only wager up to the balance of their Wagering Accounts. All approved wagers are withdrawn from the Account Holder's Wagering Account prior to submission of wager. All wagering conversations with the live operator will be recorded. It is the Account Holder's responsibility to listen carefully as the operator repeats your wager. Unless you object during the repeat, you have purchased the wager recited by the operator. All account wagering inquiries or disputes will be resolved by reviewing the audio tapes, which are deemed determinative. Once a wagering conversation has ended, all wagers made in such conversation are final and irrevocable. PTC reserves the right at any time to refuse all or any parts of the wagers during the phone call. PTC reserves the right to declare wagering closed at any time, on any pari-mutuel pool, group of races, or for all wagering.
Credits for winning wagers are deposited into the Account Holder's wagering account after official results have been posted by the respective track. PTC reserves the right to reject any wager for any reason in its sole discretion. All wagers placed from non-wagering jurisdictions, or when the Account Holder is at a pari-mutuel facility shall be rejected.
All ineffective wager requests due to tote error, track error, communications complications, pool merge failure, or any other technical difficulties shall be canceled, and the wagering amount refunded to the Account Holders account. PTC reserves the right to cancel any wager and refund the wager amount to the Account Holder account.
Premier Turf Club may close accounts which have been inactive for at least six (6) months. If any account is inactive for a period of nine (9) months or more, Premier Turf Club will charge a monthly account maintenance fee of $2.00. When the balance in the account reaches $0.00, the account will be closed. The account may only be reactivated with the deposit of $25.00 or more. If the balance of funds in your account at the time of termination is less than $2.00, we will retain the balance as an account termination fee.
TAX REPORTINGS AND WITHHOLDINGS
In accordance with IRS laws, any wager resulting in winnings of $600.00 or more must be reported to the Internal Revenue Service, if the amount of winnings is at least 300 times the amount wagered. In addition any wager resulting in winnings over $5,000.00, is subject to reporting and withholding if the amount of winnings is at least 300 times the amount wagered. All winnings subject to reporting and/or withholding shall be reported and/or withheld by PTC and a copy of the W2-G Form summarizing the information shall be sent to the Account Holder for tax purposes.
Premier Turf Club is committed to responsible wagering. Working with the National Council on Problem Gambling ("NCPG"), which is a national organization dedicated to addressing the issues of problem and pathological gambling, to develop a comprehensive responsible gaming program to ensure account holders wager responsibly.
The following outlines Premier Turf Club's responsible gaming program initiatives:
1. Account holders must provide their identity, age and principal place of residence, all of which is verified through a third party information services company, upon establishing an account;
2. Account holder must be able to provide proper identification (account number and personal identification number) to ensure only the account holder can access his or her account;
3. Account holder is provided documentation prominently displaying NCPG's national toll-free help line (1-800-522-4700), which is available 24 hours a day, seven days a week. Information about the NCPG, compulsive gambling, and the NCPG help line number is also displayed on the Premier Turf Club web site. Upon calling the help line, the account holder is routed instantly to the NCPG call center that has responsibility for the caller's geographic area. Each NCPG call center has resources specifically tailored to deal with individuals affected by problem or pathological gambling;
4. Premier Turf Club will permit account holders to self-exclude themselves from BetPTC.com operation merely by providing Premier Turf Club with a letter requesting such exclusion and containing a waiver and release. The letter must be completed and executed by the account holder, and then submitted to Premier Turf Club. The name of the self-excluded gambler will then be placed on a confidential list of excluded persons so as to prevent the individual from reopening their account or opening a new account.
USE OF THE SERVICE
Only authorized Account Holders shall have access to Services provided by PTC. Any wagers placed by a person other than the Account Holder is strictly prohibited and will give PTC the right to terminate your Account immediately. You are legally responsible for all wagers placed from your Account using your Account Number and Security Code over the phone, or online with your Username and Password. You bear full responsibility for maintaining the confidentiality of your Account Number, Username, Security Code and Password.
Account Holders shall not use the Service, or permit others to use the Service, in any way that violates any Federal or State Laws or Regulations. Violations of Federal or State Laws may subject Account Holders to civil and/or criminal penalties.
Account Holders shall be responsible for all charges to their Account. PTC will not, under any circumstances, be responsible for any unauthorized usage of an Account Holder's Advance Deposit Wagering Account.
ACCOUNT HOLDERS SHALL NOT MAKE WAGERS FROM THEIR ACCOUNT WHILE RESIDING OR LOCATED IN A NON-WAGERING JURISDICTION IN WHICH PARI-MUTUEL WAGERING IS FORBIDDEN. PLACING A WAGER WHILE IN ONE OF THESE JURISDICTIONS MAY RESULT IN THE CRIMINAL PROSECUTION OF THE ACCOUNT HOLDER.
ACCOUNT HOLDERS ARE ADVISED THAT IN THE EVENT OF A CRIMINAL INVESTIGATION BY STATE OR FEDERAL AUTHORITIES OR REGULATORY INQUIRY PURSUANT TO PTC'S LICENSES, THE ACCOUNT HOLDER WAIVES ANY AND ALL RIGHTS TO ACCOUNT HOLDER INFORMATION AND DATA IN PTC'S POSSESSION, AND ACCOUNT HOLDER SPECIFICALLY AUTHORIZES PTC TO DISCLOSE SAID DATA AND INFORMATION TO LAW ENFORCEMENT AUTHORITIES AND ACCOUNT HOLDER RELEASES PTC OF ALL LIABILITY IN THIS REGARD TO THE FULL EXTENT POSSIBLE BY LAW.
LIMITATION OF LIABILITY
Although PTC diligently updates all track and wagering information periodically, in no way shall PTC be liable for damages whether direct, indirect, incidental, exemplary, punitive, special or consequential, including, but not limited to loss of revenue, anticipated profits or other economic loss, whether foreseeable or not, in connection with or arising out of the availability, existence, furnishing or functioning of any services or information provided, including but not limited to omission or misstatements of track program, past performances and late changes of race information.
PTC shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond PTC's control whether or not similar to the foregoing.
PTC may, in its sole discretion and at any time, modify, alter or discontinue the Service or limit, terminate or suspend Account Holder use of the Account. PTC encourages responsibility in gambling behavior. As such, the Account Holder's spouse, adult children and parents may also terminate or cancel this Agreement and the Service.
All disputes, controversies or differences which may arise between PTC and an Account Holder, out of or in relation to or in connection with this Service shall be finally settled by arbitration in Oregon, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The decision of the arbitrator shall be final and binding upon all Parties.
The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this agreement. Any questions involving contract interpretation shall be made in accordance with the laws of Oregon. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this web site ("Software") is the copyrighted work of PTC and its affiliates. Use of the Software is governed by the terms of the end user license agreement ("License Agreement"), if any, which accompanies or is included with the Software. You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.
The Software is made available for downloading solely for use by you according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. You do not acquire any ownership rights by downloading any material on or from the site.
The software is warranted, if at all, only according to the terms of the License Agreement. Except warranted in the license agreement, PTC hereby disclaims all warranties, conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. No software from the PTC web site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export control restrictions. By downloading or using software from this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.
Permission to use press releases, datasheets and FAQs from this web site is granted, provided that:
A. The below copyright notice (D) appears in all copies and that both the copyright notice and this permission notice appear,
B. Use of such documents from this web site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
C. No modifications of any documents shall be made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
D. 2012, Premier Turf Club, LLC, All Rights Reserved.
Documents specified above should not include the design or layout of the PTC web site or any other PTC owned, rated, licensed or controlled site. Elements of the PTC web sites are protected by trade dress, trademark, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any PTC web site may be copied or retransmitted unless expressly permitted by PTC.
PTC and its affiliates make no representations about the completeness, accuracy, timeliness, continuity, appropriateness, and suitability for any purpose, of any information contained in the documents and related graphics published on this web site. All such documents and related graphics are provided "as is" without warranty of any kind. PTC and its affiliates hereby disclaim all warranties and conditions with regard to this information, including all expressed and implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall PTC or its affiliates be liable for any special, incidental, punitive, indirect, or consequential damages or any damages whatsoever resulting from the use, or loss of use, of the service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on this service, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this web site.
The documents and related graphics published on this web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information. PTC and its affiliates may make improvements and/or changes in the product(s) and/or the program described herein at any time. PTC makes no commitment to update any of the information contained on its web site.
Any information, communication or material you transmit to PTC or the PTC web site by telephone, electronic mail, other electronic media or otherwise, including Account Holder information, data, questions, comments, suggestions, or the like is, and will be treated as non-confidential, non-proprietary, and the exclusive property of PTC, subject to partial or total disclosure at PTC's discretion. In addition, all information transmitted by you may be used by PTC or its affiliates, without any compensation to you, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, PTC is free to use any ideas, concepts, know-how, or techniques contained in any communications you send to the web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
LINKS TO THIRD PARTY SITES
Links may let you leave PTC's web site. The linked sites are not under the control of PTC and PTC is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to such web sites. PTC is not responsible for web casting or any other form of transmission received from any linked web site. PTC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PTC of the linked web site.
PTC and/or other PTC products referenced herein include either registered or unregistered trademarks of PTC and others. Nothing contained on the PTC web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the web site without the written permission of PTC or such third party that may own the trademarks displayed on the web site. Your misuse of the PTC trademarks displayed on the web site, or any other content on the web site, except as provided in these terms, is strictly prohibited. You are also advised that PTC will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking civil and criminal prosecution.
NOTICE OF RESERVATION OF RIGHTS
If any of the provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that all other provisions of this Agreement shall otherwise remain in full force and effect.
Any rights not expressly granted herein are reserved.
NO WARRANTIES PROVIDED BY PTC
ALL ACCOUNT HOLDERS EXPRESSLY UNDERSTAND AND AGREE THAT:
A. ACCOUNT HOLDERS ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. PTC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
B. PTC PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PTC WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
C. PTC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE PROVIDED BY PTC. NO ADVICE OR INFORMATION GIVEN BY PTC, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
D. PTC SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL PTC, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THAT RESULT IN ANY WAY, FROM ANY USE OF YOUR ACCOUNT, OR THE SERVICE, THE MAKING OF WAGERS THROUGH THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE, OR FROM YOUR RELIANCE ON, OR USE OF, INFORMATION PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
NOTICE OF APPLICABLE LAW
PTC is a licensed pari-mutuel multi-jurisdictional simulcasting and interactive wagering totalizator hub in the State of Oregon. As such the laws of the State of Oregon will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our web site and these disclaimers, terms and conditions at any time, which changes shall become effective immediately upon posting on the web site.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such a case, in no event shall PTC's total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing the web site.
NOTICE OF INDEMNIFICATION
You agree to defend, indemnify and hold harmless PTC, its affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of PTC products and services.
NOTICE OF UNLAWFUL OR PROHIBITED USE
All Account Holders hereby agree to use these Services in recognition of all applicable Federal, and State laws, statutes and regulations, any deviation of which is grounds for immediate Account closure and subject to civil and/or criminal liability.
In addition, any and all activity that PTC may reasonably believe to be fraudulent, deceptive, or unlawful, shall be reported to the appropriate law enforcement authorities and prosecuted to the full extent of the law. Account Holders shall relinquish all rights to the proceeds resulting from the fraudulent, deceptive, or illegal activities, and all proceeds shall be retained by PTC to pay for damages and losses resulting from such fraud, deceit, or illegal activity.
In addition, as a condition of your use of Services, you warrant to PTC that you will not use the PTC web sites for any purpose that is prohibited by these terms, conditions, and notices. You may not use the PTC web site in any manner which could damage, disable, overburden, or impair the PTC web site or interfere with any other party's use and enjoyment of the PTC web site. Any conduct that in PTC's discretion restricts or limits any other user's use or enjoyment of the web site will not be tolerated. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PTC web site. Any material which is unlawful, threatening, defamatory, invasive of privacy or publicity rights, obscene or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, shall not be transmitted to the web site. You specifically acknowledge that PTC is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines or practices, or otherwise have a dispute with PTC, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.
TERMINATION OF AGREEMENT
Account Holder or PTC may terminate or cancel this Agreement and the Service at any time. Account Holders understand and agree that the cancellation of this Agreement is your sole right and remedy with respect to any dispute with PTC, it's Service, or any of its terms, conditions, rules, policies, guidelines or practices. Account Holders may cancel this Agreement and the Service with PTC by delivering notice as provided below. Any and all fees or payments due from Account Holder at time of cancellation shall remain in full force and effect and shall survive the termination of this Agreement by either party, until paid in full. Any delinquent or unpaid Account with unresolved issues must be paid in full. Failure to resolve any unpaid debt will be forwarded to a collection agency, and may affect your credit rating.
Upon termination of this Agreement, all rights granted to you under this Agreement shall cease immediately.
You may terminate this Agreement and your PTC Account by calling PTC Customer Service at 1 (877) 880-0588.
PTC may terminate this Agreement and your PTC Account, at any time, by providing notice of termination to you by any one of the following methods: electronic mail (email); general posting at PTC's web site; or by U.S. mail or courier service.