Effective January 8, 2019
2. Compliance Statement
These Terms and Conditions comply with § 1408.4, as governed in the operation of Sports Wagering in this Commonwealth.
You are entering the Terms and Conditions with Parx, as identified above.
You hereby consent to Parx confirming your age, identity, and, for purposes of interactive Sports Wagering, location.
You agree to comply with the following rules and obligations:
You are prohibited from allowing any other person to access or use your Sports Wagering account;
You are prohibited from engaging in Sports Wagering, unless you are physically located in Pennsylvania.
You consent to the monitoring and recording by Parx and/or the Board of any wagering communications and geographic location information.
You consent to the jurisdiction of this Commonwealth to resolve any disputes arising out of Sports Wagering.
You are prohibited from utilizing automated computerized software or other equivalent mechanisms to engage in Sports Wagering.
You agree that processing fees may be imposed for mail-in redemption of wagering tickets and cash vouchers, as posted on the back of sports wagering tickets and sports wagering cash vouchers.
You understand that account statements detailing player account activity may be available.
You represent and acknowledge that you are of legal age of 21 years or older and understand that it is a criminal offense to allow a person who is under 21 years of age to participate in Sports Wagering and a player who does so shall be prohibited from participating in Sports Wagering.
You understand that if your sports wagering account remains dormant for a period of 1 year, any funds remaining in on deposit and any pending wagers may be forfeited under applicable state and federal laws.
You have a right to set responsible gaming limits and self-exclude from Sports Wagering.
You have a right to suspend your sports wagering account for a period of no less than 72 hours.
You understand that in the event that your Sports Wagering Platform account becomes disconnected from sports wagering during active betting, funds are safe. When you reconnect to the account, the event, if at the time of reconnection then available, will be restored to its last state when access is reestablished for that event. Event activity is recorded and available by using the wager history section of the Account Detail web page.
You understand that a malfunction voids all transactions.
You understand that it may take 24 to 48 hours to process a withdrawal of funds request from the sports wagering account, so there will be a time delay before collecting the cash from the cage or designated location.
You understand that the 1-800-GAMBLER hotline message appears next to the login for the main pages and included as part of the Website header so that the message is visible on every page. The 1-800-GAMBLER also appears on the Player Protection Page at all Sports Wagering Platforms and is an opportunity to seek assistance to address compolsive and problem gambling and self-exclusion.
You understand you have the ability to change a password by getting directed to a web page, where a password reset may be requested via email. If after three failed attempts at logging-in using the username and password, you will be redirected to respond to security questions. Access to your sports wagering account is prohibited until the security questions are successfully answered. Once the security questions are successfully answered, you will be redirected to a page where a password reset may be requested via email. If after three failed attempts to provide answers to the security questions the sports wagering account is suspended. Once an account has been suspended, an email is sent containing detailed information about the suspended account and any further course of action required.
You have the right to file a complaint with Parx. If a dispute arises related to the Sports Wagering Platform, Parx will attempt to resolve the complaint/dispute. Any related dispute will be handled by a shift manager or above. If the complaint cannot be resolved by Parx, Parx will notify the Pennsylvania Gaming Control Board ("Board") casino compliance representative at Parx, who will attempt to resolve the complaint. If the complaint is not resolved, the Board casino compliance representative will provide a Board Patron Dispute/Complaint Form and instructions for submitting a complaint and assist in completing the Board Patron Dispute/Complaint Form.
You understand that you have the ability to obtain a copy of these Terms and Conditions upon request to Parx at the sportsbook or cage or by printing a copy from the Website.
You understand that you have the ability to view account and wagering history including new win/loss, start and end balances, and all game outcomes. This view is available through the "Account History" and "Account Wagers" options.
You understand that federal prohibitions and restrictions apply regarding sports wagering activity, specifically, any limitations upon sports wagering activity as set forth in 18 U.S.C. §§ 1081 et seq. (The Wire Act) and 31 U.S.C. §§ 5361 through 5367 (UIEGA). The notice explicitly states that it is a federal offense for persons physically located outside of Pennsylvania to engage in Sports Wagering activity through Parx, unless explicitly authorized by state or federal law.
Additional information required by gaming regulations include the following:
You understand that Parx is authorized to operate sports wagering in this Commonwealth.
The Board's contact information is the following:
Pennsylvania Gaming Control Board
PO Box 69060
Harrisburg, PA 17106-9060
Phone: (717) 346-8300
Comprehensive house rules are described in Section 4 Sports Wagering Rules.
3. Eligibility To Play
Use of the Sports Wagering Platform and activities therein are restricted. The following individuals are prohibited from creating an account, using the Sports Wagering Platform, or otherwise participating in the activities offered through the Sports Wagering Platform, including Sports Wagering ("Prohibited Persons"):
Individuals not located in Pennsylvania while engaging in Sports Wagering
Individuals under 21 years of age
Individuals on the Pennsylvania Gaming Control Board Self-Exclusion List pursuant to 58 Pa. Code Chapter 503a, Pennsylvania Gaming Control Board State Exclusion List pursuant to 58 Pa. Code Chapter 511a, any other jurisdiction's gambling prohibition list or directory, or Parx's eviction list
Individuals who are currently employed by Parx or have been employed by Parx within the past 30 days
Individuals whose job duties include sports wagering and are currently employed by or are a principal of a sports wagering manufacturer or supplier that provides services or equipment to Parx, including Kambi and GAN, and
Individuals otherwise prohibited by applicable law, including 58 Pa.Code 1401.8 (relating to sports professionals and amateurs).
Parx makes no representation as to the legal right for you to participate in Sports Wagering or that the materials or content on the Sports Wagering Platform are appropriate or available in any particular location or jurisdiction unless expressly stated in these Terms and Conditions. None of our employees, partners, suppliers, licensees, distributors, wholesalers, affiliates, subsidiaries, advertisers, promotors, other agencies, media partners, or agents are authorized to make any such representation. You choose to access the Sports Wagering Platform on your own initiative and you are responsible for compliance with local laws to the extent applicable.In the event you circumvent any systems or procedures employed by Parx or its designees to prevent access by Prohibited Persons, your account will be subject to immediate closure. By accessing or using the Sports Wagering Platform, including participating in Sports Wagering, you agree that you are not a Prohibited Person.
4. Sports Wagering Rules
The House Rules, which are attached here, govern your participation in Sports Wagering on the Sports Wagering Platform. The House Rules include important rules and information, including, without limitation, a description of the types of wagers that we accept, the effect of scheduled changes, and the method of noticing odds or line changes.In addition, the following rules apply to onsite participation only:
- You must redeem your winning wagers at any onsite Sports Wagering Platform or by presenting the winning ticket to a cage cashier or mailing the ticket to the venue of purchase. For mail-in redemptions, follow the instructions provided on the back of your ticket.
- You are responsible for checking the accuracy of the ticket, including dates, wagers, and amounts shown. You must immediately notify the ticket writer of any errors.
- Tickets are valid for one (1) year from the date that the last wagered event occurs.
- Tickets are void if illegal, mutilated, altered, incomplete, counterfeit, produced in error, or unable to pass validation test. Parx assumes no responsibility for issuance, validation, or payment of lost or stolen tickets.
- Payment over $10,000 requires verification of identification prior to payment.
- Patrons are responsible for their own actions while on Parx property at all times. Verbal and physical abuse toward Parx staff or other patrons will not be tolerated.
Parx reserves the right to cancel or suspend Sports Wagering or related services should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary or appropriate in our sole discretion and without liability. Parx also reserves the right to change any part of the Sports Wagering Platform at any time or discontinue the Sports Wagering Platform or any part thereof, for any reason, without notice to you and without liability. IF YOU ARE A PROHIBITED PERSON, YOU WILL NOT BE PERMITTED TO REDEEM A WINNING TICKET AND YOUR TICKET WILL BE DEEMED VOID. IN ADDITION, YOU WILL BE FURTHER SUBJECT TO THE RULES, REGULATIONS AND POLICIES CONCERNING YOUR PRESENCE AT PARX CASINO.
5. Account Registration Process
6. Responsibility For Your Login Information and Account
It is important to note that your username will be open and visible to other players on the Website. If you wish to keep your identity confidential, you should select a user name that does not reveal who you are.The following rules govern the security of your username, password, and other account details (collectively, "Account Information"). Parx is not responsible for any loss or damage arising from your failure to protect your Account Information. The following rules govern your management of your Account Information:
You are responsible for all uses of your Account Information.
You will protect the confidentiality of your Account Information and not disclose your Account Information to any other person.
You are responsible for all actions and communications through your account that occur under your Account Information or in your account, whether or not authorized by you.
You will notify us immediately, and modify your username and password, if you become aware of or reasonably suspect any breach of security, including, without limitation, any loss, theft or unauthorized disclosure of your Account Information or unauthorized access to or use of your account
You agree that we may terminate your account if someone else uses it.
You (i) will monitor your account to restrict use and deny access to any Prohibited Persons, (ii) accept full responsibility for any unauthorized use of your account by any Prohibited Persons, including anyone who is less than 21 years of age.
Parx is not required to maintain your Account Information, including usernames or passwords, and if you misplace, forget or lose your Account Information or are otherwise unable to enter the Website, we will not be responsible and will not be held liable for any claims regarding your account.
You will exit from your account (logoff) at the end of each session.
Parx may remove your username at any time and for any reason, including but not limited to, claims by a third party that your username violates the third party's rights.
7. Your Limited Right To Use Sports Wagering Platform Materials
The Sports Wagering Platform, including all the materials available on the Website or the onsite platforms are the property of Parx, Kambi, GameAccount Network, plc ("GAN"), and/or our affiliates, suppliers, or licensors, and are protected by copyright, trademark, and other intellectual property laws. Certain copyright rights to the Sports Wagering Platform, including rights to the work and designs provided by Kambi, are owned by Kambi. Certain copyright rights to the Sports Wagering Platform, including rights to the work and designs provided by GAN, are owned by GAN. All rights reserved.The Sports Wagering Platform is provided solely for your personal entertainment and noncommercial use. You may not re-transmit, print or photocopy the materials on the Sports Wagering Platform for re-distribution in any medium without the written permission of Parx, Kambi, or GAN. You may not use the Sports Wagering Platform or the materials available on the Sports Wagering Platform in a manner that constitutes an infringement of the rights of Parx, Kambi, GAN, our affiliates, suppliers, or licensors, or in a manner that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from the Sports Wagering Platform. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You should contact Customer Service for information about requesting permission to reproduce or distribute materials from the Sports Wagering Platform. See Customer Service: Questions, Complaints and Disputes.
8. Representations and Agreements of Players
By participating in Sports Wagering onsite or online, or opening and using an account on the Website, you understand, represent, and agree that:
Your use of the Sports Wagering Platform is solely for your own personal entertainment and any other access, use or reuse of this Website for commercial, professional or any other purposes is strictly prohibited;
Your participation in Sports Wagering is at your sole option, discretion and risk;
You understand and agree to be a party to and abide by these Terms and Conditions, the Privacy Pulicy, the House Rules, and all other rules, regulations, terms and conditions that apply to the use of the Sports Wagering Platform and participation in the Game as are in effect and posted onsite or on the Website;
You meet the eligibility requirements listed under Eligibility to Play;
You only have one account, username and password for the Website and understand that your account may be closed if Parx determines, in our sole discretion, that you may be operating more than one account or username on the Website;
You will not allow any other person to use your Account Information to participate in Sports Wagering, to use or reuse your account, or to access or use any content on the Website;
You will review these Terms and Conditions each time you participate in Sports Wagering or the Website activity;
You do not find Sports Wagering or the Website content to be offensive, objectionable, unfair or indecent;
Parx, in our sole discretion and without liability of Parx, may:
Decline to accept wagers of any person, including you, or
Decline to accept a registration to set up an account of any person, including you;
Restrict, discontinue, suspend, or terminate access of any account to the Website for any reason whatsoever.
9. Collusion, Cheating and Fraud
If you suspect any player is cheating, colluding or undertaking a fraudulent activity, you should report your suspicion to Customer Support Team immediately. Please identify the username of the player or players involved and provide a brief description of their suspicious activities.We may terminate your account and, at our sole discretion, withhold or confiscate all or part of any prizes awarded to you through Promotions if:
you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice; or
you violate or promote the violation of any applicable laws or regulations.
10. Disclaimer of Liabilities
You agree that your use of the Sports Wagering Platform is at your sole risk and the risk of loss, harm or damage from your use of the Sports Wagering Platform and engaging in Sports Wagering rests entirely with you.The materials on the Sports Wagering Platform are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Parx, its partners and suppliers, each of their respective subsidiary, parent, affiliate, or successor companies, and each of their owners, officers, directors, employees and agents ("Provider Parties") disclaim all warranties, explicit or implied, in connection with the Sports Wagering Platform and your use thereof, including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness and timeliness.Without limiting the foregoing, Provider Parties make no warranties or representations about and assume no liability or responsibility for any of the following:
Errors, mistakes or inaccuracies of content of the Sports Wagering Platform;
Technical, hardware, software, telephone failures of any kind, including the loss or unavailability of network connections or computer malfunctions;
Attempts by you to participate in the Sports Wagering Platform by methods, means or ways not intended by us;
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Sports Wagering Platform;
Illegal conduct by any third party;
Unauthorized access to or use of a Parx server and/or any and all personal information and/or financial information stored therein;
Interruption or cessation of transmission to or from the Sports Wagering Platform, including incomplete, garbled or delayed computer transmissions;
Malware, bugs, viruses, Trojan horses or the like which may be transmitted to or through the Sports Wagering Platform by any third party;
Technical or human errors or omissions in any content or loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Sports Wagering Platform or
Refusal to allow you to participate or continue to participate in any Sports Wagering Platform feature.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL PROVIDER PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS, LOSS OF CHANCE OR OPPORTUNITY OR LOST DATA ARISING FROM YOUR USE OF OR INABILITY TO USE THE Sports Wagering Platform OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE Sports Wagering Platform, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER PARTIES HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PROVIDER PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROVIDER PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE Sports Wagering Platform, OR ANY MATERIALS, PRODUCTS OR SERVICES THEREON, OR WITH ANY OF THE Sports Wagering Platform'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Sports Wagering Platform.
To the fullest extent permitted by law, you agree to fully defend, indemnify and hold harmless Provider Parties for, from and against any and all liability for loss, damage and expense (including, without limitation, attorneys' fees and court costs) for which Provider Parties may be held liable or incur by reason of bodily injury or harm (including death) to any person or property damage or other loss of whatsoever kind or nature arising out of or in any manner connected with your (or any other person using your account's) access to or use of the Sports Wagering Platform or any services related thereto, including without limitation Sports Wagering, or violation of the Terms and Conditions, even for, and if caused in whole or in part by, any act, omission, negligence, or strict liability of the Provider Parties.If indemnification for the Provider Parties' negligence or other level of liability is expressly prohibited by law, such defense shall continue until it is conclusively established by a court of competent jurisdiction that: 1) the Provider Parties are solely liable for causing the bodily injury or property damage alleged; and 2) that Provider Parties are liable for causing any part of the bodily injury or property damage for which defense and indemnification is sought. We reserve the right to take exclusive control and defense of any indemnified claim. In such event, you agree to provide us with cooperation as is reasonably requested by us.
13. Mandatory Arbitration
PLEASE READ THIS PROVISION OF THE TERMS AND CONDITIONS CAREFULLY, IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. IN ARBITRATION, YOU MAY CHOOSE TO HAVE A HEARING AND BE REPRESENTED BY COUNSEL. Agreement to Arbitrate: You and we agree that either you or we may, without the other's consent, require that any controversy or dispute between you or us (all of which are called "Claims") as described below ("Claims Covered") be submitted to mandatory, binding arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act ("FAA"), 9 U.S.C. Section 1, et seq. and the laws of the Commonwealth of Pennsylvania.Claims Covered:
Claims subject to arbitration include, but are not limited to, disputes relating to Sports Wagering or any other activity conducted on the Sports Wagering Platform; the establishment, terms, treatment, operation, handling, limitations on or termination of your account; any disclosures or other documents or communications relating to your account; any transactions or attempted transactions involving your account, whether authorized or not; billing, billing errors, credit reporting, the posting of transactions, payment or credits, or collections matters relating to your account; services or benefits programs relating to your account, whether or not they are offered, introduced, sold or provided by us; advertisements, promotions, or oral or written statements related to your use of the Sports Wagering Platform or your account (or preceding the opening of) your account; the application, enforceability or interpretation of this Agreement, including this arbitration provision; and any other matters relating to the Sports Wagering Platform, your account, a prior related account or the resulting relationships between you and us. Any questions about what Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
Claims subject to arbitration include not only Claims made directly by you, but also Claims made by anyone connected with you or claiming through you, such as a co-applicant or authorized user of your account. Similarly, Claims subject to arbitration include not only Claims that relate directly to us, a parent company, affiliated company, and any predecessor and successors (and the employees, officers and directors of all of these entities), but also Claims for which we may be directly or indirectly liable, even if we are not properly named at the time the Claim is made.
Claims subject to arbitration include Claims based on any theory of law, any contract statute, regulation, ordinance, tort (including fraud or any intentional tort), common law, constitutional provision, respondent superior, agency or other doctrine concerning liability for other persons, custom or course of dealing or any other legal or equitable ground (including any claim for injunctive or declaratory relief). Claims subject to arbitration include Claims based on any allegations of fact, including an alleged act, inaction, omission, suppression, representation, statement, obligation, duty, right, condition, status or relationship.
Claims subject to arbitration include Claims that arose in the past, or arise in the present or future. Claims are subject to arbitration whether they are made independently or with other claims in proceedings involving you, us, or others. Claims subject to arbitration include Claims that are made as counterclaims, cross-claims, third-party claims, interpleaders, or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any Claim(s) advanced in the lawsuit by any other party or parties. Claims subject to arbitration include Claims made as part of a class action or other representative action, and the arbitration of such Claims must proceed on an individual basis.
If you or we require arbitration of a particular Claim, neither you, we, nor any other person may pursue the Claim in any litigation, whether as a class action, private attorney general action, other representative action or otherwise.
Claims Not Covered: Claims are not subject to arbitration if they are filed by you or us in a small claims court, so long as the matter remains in such small claims court and advances only an individual claim for relief. In the event that the arbitration agreement in these Terms and Conditions is for any reason held to be unenforceable, any litigation against Parx may be commenced only in a state court located within Bucks County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania, and you and we consent to the exclusive jurisdiction of those courts for such purposes. Initiation of Arbitration: The party filing an arbitration must choose one of the following three arbitration administrators: National Arbitration Forum; American Arbitration Association; or JAMS. These administrates are independent from us, and you must follow their rules and procedures for initiating and pursuing an arbitration. If you initiate the arbitration, you must also notify us in writing at Parx Casino, 2999 Street Rd., Bensalem, PA 19020, Attn: Legal Department. If we initiate the arbitration, we will notify you in writing at your then current Billing address or (if your account is closed) the last address we have on file for you. Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator in the same city as the United States District Court closest to your billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the three arbitration administrators named above, and other related materials, including forms and instructions for initiating an arbitration, by contacting the arbitration administrators as follows:
- National Arbitration Forum
- P.O. Box 50191
- Minneapolis, MN 55405-0191
- Web Site: www.arbitration-forum.com
- American Arbitration Association
- 335 Madison Avenue, Floor 10
- New York, NY 10017-4605
- Web Site: www.adr.org
- 1920 Main Street, Suite 300
- Irvine, CA 92614-7279
- Web Site: www.jamsadr.com
Procedures and Law Applicable in Arbitration: A single arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least ten years' experience or a retired or former judge. The arbitrator will be selected in accordance with the rules of the arbitration administrator and will be neutral. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless this arbitration provision is inconsistent with those procedures and rules, in which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, as agreed, and will honor claims of privilege recognized at law. The Arbitrator must apply the substantive law of the Commonwealth of Pennsylvania, and the Arbitrator is without jurisdiction to apply any different substantive law. The arbitrator will take reasonable steps to protect customer account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The Arbitrator will have the authority to hear and decide dispositive motions, including a motion to dismiss or a motion for summary judgment by any party, and will apply the standards under the Federal Rules of Civil Procedure to such motions. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of, any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs: If we file the arbitration, we will pay the initial filing fee. If you file the arbitration, you will pay the initial filing fee, unless you seek and qualify for a fee waiver under the applicable rules of the arbitration administrator. We will reimburse you for the initial filing fee if you paid it and you prevail. If there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first day of that hearing. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is other good reason for requiring us to do so, or we determine there is good cause for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all expenses from another party. No Consolidation or Joinder of Parties: All parties to the arbitration must be individually named. Claims by persons other than individually named parties shall not be raised or determined. Notwithstanding anything else that may be in this arbitration provision or Agreement, no class action, private attorney general action or other representative action may be pursued in arbitration, nor may such action be pursued in court if any party has elected arbitration. Unless consented to by all parties to the arbitration, Claims of two or more persons may not be joined, consolidated or otherwise brought together in the same arbitration (unless those persons are applicants, co-applicants or authorized users on a single account and/or related accounts or parties to a single transaction or related transactions); this is so whether or not the Claims (or any interest in the Claims) may have been assigned. Enforcement, Finality, Appeals: you or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action maybe brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Failure or forbearance to enforce this arbitration provision at any particular time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing. Within fifteen days after an award by the single arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration administrator. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel, or an award by a single arbitrator after fifteen days has passed, shall be final and binding on the parties, subject to judicial review that may be permitted under the FAA. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. An award in arbitration shall determine the fights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, nor on the resolution of any other dispute or controversy. Nothing in these Terms and Conditions prevents either party from making a report to or filing a claim or charge with a government agency, including, without limitation, the Board. This arbitration clause does not affect your ability to file a complaint with the Board through the procedures identified in Section 2(b)(16). These Terms and Conditions also do not prevent administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by these Terms and Conditions. Nothing in these Terms and Conditions prevents or excuses a party from satisfying any conditions precedent or exhausting administrative remedies under applicable law before bringing a claim in arbitration. Severability, Survival: This arbitration provision shall survive: (i) termination or changes in the Agreement, the account and the relationship between you and us concerning the account; (ii) the bankruptcy of any party; and (iii) any transfer or assignment of your account, or any amounts owed on your account, to any other person. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
14. Class Action and Collective Action Waiver
PARX AND YOU EXPRESSLY, SPECIFICALLY, AND KNOWINGLY AGREE THAT ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. PARX AND YOU KNOWINGLY WAIVE ANY RIGHT FOR ANY DISPUTE TO BE BROUGHT, HEARD, DECIDED OR ARBITRATED AS A CLASS ACTION OR COLLECTIVE ACTION AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO HEAR OR PRESIDE OVER ANY SUCH CLAIM ("Class and Collective Action Waiver").Notwithstanding any other clause or language in these Terms and Conditions or any rules or procedures that might otherwise apply because of these Terms and Conditions (including without limitation the arbitration rules discussed herein) or any amendments or modifications to those rules, any claim that the Class and Collective Action Waiver, or any portion of the Class and Collective Action Waiver is invalid, unenforceable, unconscionable, void, or voidable, will be determined only by a court of competent jurisdiction and not by an arbitrator.
15. Governing Law
The validity, interpretation, construction, and enforcement of these Terms and Conditions and your use of the Sports Wagering Platform and any related services, including Sports Wagering, shall be governed and controlled by the laws of the Commonwealth of Pennsylvania, without regard to its choice of law or conflict of laws rules.
16. Limitation on Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Sports Wagering Platform or these Terms and Conditions must be filed by you within one year after such claim or cause of action arose or be forever barred.
If any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.
18. No Assignment; No Third Party Beneficiaries
These Terms and Conditions are personal to you and you may not assign them to anyone. These Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms and Conditions may only be invoked or enforced by you or us.
19. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter contained in these Terms and Conditions and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sports Wagering Platform, including the House Rules. In the event of any conflict between the House Rules or any other such third-party terms and conditions and these Terms and Conditions, these Terms and Conditions control and will govern.
20. How To Contact Customer Service With Your Questions, Complaints and Disputes
If you have any questions, complaints or disputes relating to these Terms and Conditions, the Sports Wagering Platform, or any related services, please contact our Customer Service team at 888-LUV-PARX or Customer Support Team.