WIN THE RACE LLC TERMS OF USE
Effective: January 1, 2025
Copyright (c) January 1, 2025 WIN THE RACE LLC. All Rights Reserved.
1. The Service
Win The Race LLC (“we” or “us”) uses its various websites to make content and services available to you, subject to these Terms of Use. The content and services we provide include but are not limited to fantasy sports advice, analysis, news, reviews, information, and other similar content and services (collectively, the “site” or “sites”). The content and services provided by us are available only through the internet, which you must be able to access at your own expense.
The sites made available are subject to change at our discretion at any time, with or without notice, including modification of available features or discontinuation. We are not liable to you or any third party for any modification made to the sites, and any such modifications shall also be subject to these Terms of Use.
The site is intended for residents of the United States. We make no representations that content and services available on this site conform with the rules and regulations of locations outside of the United States. We cannot control who accesses the site, and those who do access it do so at their own initiative and of their own volition. You are responsible for your compliance with your local laws. Any products, services, or information offered is void where prohibited.
2. User Acknowledgement and Acceptance
The site is provided to you, the user, subject to your acceptance and adherence to these Terms of Use, in addition to any other written agreements you may have with WIN THE RACE LLC. Additionally, as a user of the site, you are subject to any additional rules or conditions that may be posted on the site from time to time. Any such rules or conditions shall be incorporated into this agreement and continued use of the site is deemed acceptance of the Terms of Use and any such additional rules or conditions.
By using this site you are agreeing to be bound by these Terms of Use. If you do accept the conditions set forth herein, you must exit the site now and are not permitted to use the site. Your agreement with these Terms of Use shall commence immediately upon usage of the site.
By using this site and accepting these Terms of Use, you confirm that you are at least 18 years of age. Use of this site and collection of information by and about individuals younger than 18 years of age is strictly prohibited. If you are under the age of 18 years old, please exit the site now and we ask that you do not submit any personal information to us.
3. User Conduct
Your use of the site, as a “User”, is subject to all applicable laws and regulations. You are solely responsible for your conduct on the site. You may not post or communicate any prohibited information or material on the site. You agree that you will not include on the site any information or material that; infringes on third party intellectual property of any kind, contains malicious software or code, is derogatory, impersonates any person or entity, constitutes authorized advertising or marketing; constitutes unauthorized access to third party information, or is otherwise considered unlawful.You may not interfere with any other User’s enjoyment of the site.
You may not use your account to breach the security of other Users or the site. Violation of the security of the site or other Users accounts may result in criminal and civil penalties. You acknowledge and agree that you will fully cooperate with any law enforcement activities related to your usage of the site.
You agree that we, at any time, with or without notice to you, may terminate your account and membership with our site for violating these Terms of Use.
4. User Data and Privacy
You must register an account to access some content and services available on the site. You are responsible for the privacy and security of the account information that you enter to access the site. By registering with the site, you agree that all provided information is accurate and that you will update such information to maintain its accuracy.
In order to facilitate access to the site, we may need to share information provided as part of your account registration with third parties. This information is provided in accordance with our Privacy Policy, which is incorporated by reference into these Terms of Use.
Any material or communications you post to or make on the site are subject to our Privacy Policy. You retain all rights in such posts or communications, however you agree to provide to us and our affiliates and agents a non-exclusive, perpetual, world-wide, royalty-free license to display, use, modify, distribute, or otherwise copy such posts or communications for any lawful business purpose.
It is your responsibility as a User to not submit any material or communications that are confidential or proprietary to any third parties.
5. Intellectual Property
All material provided by us, including but not limited to analysis, articles, insights, blog posts, podcasts, news, reviews, information, and other similar material (the “content”) is protected by copyright, service marks, trademarks, and other proprietary rights. All content presented to you on the site is the sole property of WIN THE RACE LLC. All content on the site is for personal non-commercial use. Employees or owners of any sportsbook, daily fantasy contest operator, or any other entity that accepts bets, wagers, or contest fees for participation in gambling or contests of skill where the outcome of a sporting event or race may determine the results of a bet or contest are expressly prohibited from accessing any content of the site directly or indirectly. Except for your personal use only, you may not otherwise reproduce, republish, modify, upload, post, transmit, or copy any content on this site without express written permission from us. Any unauthorized use of content owned by us is strictly prohibited. You agree not to reproduce, resell, duplicate, copy, or use any content or your access to the site for commercial purposes.
If you or anyone else believes any content or material on the site infringes upon any party, please contact us as noted in Section 11 – Notices, of these Terms of Use. You acknowledge and agree that we, at any time, with or without notice to you, may immediately remove from the site any material that has been identified as infringing upon a copyright of any kind, without liability to you or any other party.
YOU ACKNOWLEDGE AND AGREE THE ACTUAL DAMAGES RESULTING FROM A BREACH OF THIS CLAUSE BY YOU WOULD BE DIFFICULT TO QUANTIFY DUE TO THE PROPRIETARY NATURE OF THE DATA INVOLVED AND THE COMPETITIVE NATURE OF SPORTS GAMBLING AND DAILY FANTASY SPORTS. AS SUCH IF YOU BREACH THIS CLAUSE YOU AGREE TO PAY LIQUIDATED DAMAGES IN THE AMOUNT OF $10,000 PER VIOLATION TO WIN THE RACE LLC. YOU FURTHER ACKNOWLEDGE THAT THESE DAMAGES REPRESENT A REASONABLE ESTIMATION OF THE LOSSES INCURRED BY WIN THE RACE LLC DUE TO UNATHORIZED USE OF ITS DATA AND IS NOT INTENDED TO SERVE AS A PENALTY.
THE PAYMENT OF LIQUIDATED DAMAGES FOR A VIOLATION OF THIS CLAUSE SHALL BE IN ADDITION TO ANY OTHER REMEDIES AVAILABLE INCLUDING INJUNCTIVE RELIEF TO PREVENT FURTHER VIOLATIONS.
6. Limitation of Liability
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INCIDENTAL, EXEMPLARY, SPECIAL, RELIANCE, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
ADDITIONALLY, WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY GOODS OR SERVICES THAT ARE OFFERED OR ADVERTISED THROUGH THIS SITE, OR FOR ANY ASSISTANCE OF COMMERCIAL TRANSACTIONS THROUGH THIS SITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
THIS LIMITATION OF LIABILITY MAY NOT EXCLUDE CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN JURISDICTIONS. IF YOU ARE IN SUCH A JURISDICTION, SUCH LIMITATIONS OF LIABILITY DO NOT APPLY AND ARE INSTEAD REPLACED WITH THE MAXIMUM LIMITATIONS ALLOWED BY APPLICABLE LAW.
7. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY, UNDER ANY CIRCUMSTANCES, FOR YOUR (i) USE OF OR INABILITY TO ACCESS THE SITE, (ii) INTERRUPTION OF BUSINESS OR USE OF THE SITE, (iii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, AND (iv) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION.
ALL CONTENT AND SERVICES ON THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES OFFERED WILL MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT WARRANTY THAT THE SITE OR ITS MATERIALS AND SERVICES WILL BE FREE FROM MISTAKES, INACCURACIES, TECHNICAL BUGS, OR ERRORS.
THROUGH USE OF THE SITE, YOU MAY BE ABLE TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ANY SUCH TRANSACTION IS GOVERNED BY THE TERMS AGREED TO BY YOU AND THE THIRD PARTY. WE MAKE NO WARRANTY REGARDING ANY TRANSACTION EXECUTED THROUGH, OR IN CONNECTION WITH, THIS SITE. ANY SUCH TRANSACTIONS ARE COMPLETED AT YOUR OWN DISCRETION AND RISK.
WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF MATERIALS ON THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
Content on this site may represent the judgment, advice, opinion, or expression by a third party or other site User and is not necessarily connected to us. We do not endorse any individual opinions, judgments, advice, or expressions other than an official WIN THE RACE LLC spokesperson speaking in their official capacity.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE MAXIMUM EXCLUSION OF WARRANTIES AVAILABLE SHALL APPLY.
8. Indemnification
You agree to defend, indemnify, and hold harmless us and any affiliates from all claims, expenses, liabilities, and attorney’s fees that may arise from your use or misuse of the site and noncompliance with these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification as a result of these Terms of Use, at our own expense. You agree to cooperate with us in any such defense.
9. Participation in Third Party Promotions
The site may from time to time include advertisements and promotions by third parties. Any engagement with such third parties, including any subsequent commercial transactions and their associated terms, conditions, warranties, or representations, is solely between you and the third party. We make no representations and assume no liability or obligations in connection with your use or engagement with third party promotions or advertisements.
10. Termination
You agree that your use of this site and its services and content is at our sole discretion. Any violation of these Terms of Use will result in possible termination or suspension of your account and access to the site, and any suspected fraudulent or illegal behavior will be reported to the appropriate authorities. We may choose to terminate or suspend your access to any part of the site for any reason, with or without notice to you, and we shall not be liable to you or any third party for any claims of damage or loss arising out of the suspension or termination of your account.
Immediately upon termination, your right to access the site ceases. This will result in the deletion of your account including any information, data, or files associated with your account.
11. Notices
All notices required by these Terms of Use can be made via email. Notices must be sent to the attention of Customer Services at:
Required notices to you will be communicated through the information you provide to us as part of your account registration. We may also display notices of importance on the site itself, through site banners or otherwise. Such notices shall constitute notice to you at the time that such notice is displayed.
12. Governing Law
These Terms of Use and all claims related to it, its execution, or the performance of the parties under it, shall be construed and governed in all respects according to the laws of the State of New York, without regard to the conflict of law provisions thereof. Any action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in a state or federal court of competent jurisdiction located within Saratoga County in the State of New York.
13. Miscellaneous
As used in these Terms of Use, references to our “affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
If any provision of these Terms of Use is held to be invalid, void, or unenforceable, such provisions shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining provisions of these Terms of Use shall remain in full force and effect.
No party other than the User or WIN THE RACE LLC is an intended beneficiary of these Terms of Use, and no such party shall have an independent right to enforce any of the terms or conditions herein.
Any failure by us to enforce or exercise rights or provisions contained within these Terms of Use does not constitute a waiver of such rights or provisions.
You may not assign your rights under these Terms of Use to any other party. Any attempt to assign your rights is null and void. We may freely assign our rights and obligations under these Terms of Use.
14. Entire Terms and Agreement
These Terms of Use, together with any separately written agreement you may have with us, constitute the entire agreement and understanding between you and us, and supersedes all prior agreements or terms. You may not alter, amend, or supplement these Terms of Use without our express written agreement. Any attempt to alter these Terms of Use shall be null and void, unless expressly agreed to by us in writing. To the extent that there are any conflicts between anything contained in or published on the site and these Terms of Use, these Terms of Use shall control.
15. Modification
We reserve the right to modify these Terms of Use from time to time, with or without notice to you. It is your responsibility to review the Terms of Use from time to time. Continued use of the site is deemed acknowledgement and acceptance to be bound by any such modified Terms of Use.
16. Additional Notes
WIN THE RACE is not associated with the National Association for Stock Car Auto Racing (NASCAR).
Gambling involves risk. Please gamble responsibly and never bet more than you are able to lose. If you or someone you know has a gambling problem, please call, text or chat, the National Problem Gambling Helpline at 1-800-GAMBLER.