PLEASE READ THESE SOFTWARE AND DATA LICENSE TERMS CAREFULLY BEFORE DOWNLOADING OR USING Prime Mover, LLC, D.B.A. Louie Diamond Website and Software.
Prime Mover, LLC, D.B.A. Louie Diamond Website and Software, including the Louie Diamond Mobile application, and any Louie Diamond-created proprietary programs and operating information (“Software”), is made available to customers by Prime Mover, LLC, D.B.A. Louie Diamond Website and Software (“Louie Diamond”), a Nevada corporation.
By clicking “ACCEPT”, or by using the Prime Mover, LLC, D.B.A. Louie Diamond Website and Software, User is agreeing to be bound by these Terms. If User does not agree to all Terms, please click the “DO NOT ACCEPT” button and delete the application from your computer or mobile device.
User’s agreement to these Terms includes User’s agreement to arbitrate any claims arising from these Terms or use of the Software or Data pursuant to the Federal Arbitration Act (“Agreement to Arbitrate”).
Single Limited License Grant.
Louie Diamond grants the User a nonexclusive, nontransferable, revocable limited license (“License”) to:
View the licensed materials, rotation IDs, schedules, injury reports, research reports, line-ups, statistics, betting lines and/or wagering odds or other data (“Data”) provided by Louie Diamond, and
Use the Software in object code form to view the Data solely on a single central processing unit owned by User.
This License is the entire License between the parties with respect to the use of the Data and Software.
User SHALL NOT:
COPY ANY DATA OR SOFTWARE;
MODIFY ANY SOFTWARE;
STEAL OR SCRAPE DATA FROM THE SOFTWARE;
REVERSE COMPILE OR REVERSE ASSEMBLE ANY SOFTWARE;
RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF ANY SOFTWARE; OR
VIOLATE THESE TERMS.
This License is effective until terminated. User may terminate this License by:
Not paying Louie Diamond for use of the Software and/or Data, or
Providing Louie Diamond with 5 days prior notice of their desire to terminate and deleting all copies of Software (including any Data).
This License will terminate immediately without notice from Louie Diamond if User violates any provision of this License. Upon termination, User must delete all copies of Data and Software.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. User agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
SOFTWARE CHANGES & TERMINATION: At its sole discretion, with or without notice to User, Louie Diamond may:
update this Software, or
discontinue this Software or any part thereof, or
change the content of the Software or Data, or
restrict use or access to the Software or Data.
Louie Diamond will have no liability to User if the Software or access to Data is discontinued or if User’s ability to access the Software or Data is terminated. Louie Diamond is not liable for any modification or suspension of the Software.
DATA COLLECTION: User agrees that Louie Diamond and Louie Diamond’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about User’s device, geolocation, date and time of Software access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, Software support, and other services to User (if any) related to the Software. User grants Louie Diamond the permission to use this information to improve its Software or to provide services or technologies to User, as well as to provide advertising content, if applicable, in which Louie Diamond believes User may be interested, including working with third parties who provide targeted advertising content. User expressly consents to receive push notifications from and on behalf of Louie Diamond.
Confidential Information: User agrees that the Data, and the specific design and structure of the Software, constitutes confidential information, trade secrets, and/or copyrighted material of Louie Diamond. User shall not to disclose, provide, or otherwise make available such information to any third party. User shall use reasonable security measures to protect such information. Title to Software, Data, and any applicable documentation shall remain solely with Louie Diamond.
REGULATORY COMPLIANCE: User will maintain all licenses, permits, and approvals from relevant necessary to fulfill its obligations under this Agreement, if necessary. User shall provide Louie Diamond with a copy of any license at Louie Diamond’s request. User will comply with all applicable laws, including those involving anti-corruption, competition, anti-money laundering, licensing, and registration; and will pay applicable taxes. Louie Diamond is a D.B.A. of Prime Mover, LLC (“Prime Mover”). Prime Mover conducts business in highly regulated jurisdictions under privileged licenses issued by gaming authorities. Prime Mover maintains a compliance program to maintain suitability and to protect its integrity and licenses and to monitor compliance with the requirements established by gaming authorities in various jurisdictions around the world. If requested by Prime Mover, User shall promptly provide all relevant compliance information, including its financial condition, litigation, indictments, background, criminal proceedings, and anything else reasonably needed to determine if the User would jeopardize any gaming licenses held by Prime Mover or any D.B.A.. If User refuses, or if the information provided could jeopardize any gaming license, registration or permit held by Prime Mover or any of its D.B.A.s or if a gaming authority disapproves of the relationship with the User, Prime Mover may terminate this license. Prime Mover will have no further affirmative obligations to the User, other than to give the User the reason for termination. If User discovers any events of a questionable, fraudulent or illegal nature that may be in violation of law, the User will report the matter promptly to Prime Mover. User:
has not been convicted of or plead guilty to a felony (or an offense of similar seriousness in non-common law countries) or a crime involving gambling;/li>
has disclosed to Louie Diamond if they are under any governmental investigation (other than routine gaming investigations associated with licensing),
has not been involved in any activity which would question User’s suitability or would jeopardize any gaming licenses held by Prime Mover by association,
has not had a gaming license denied, suspended or revoked,
has and will not offer to any person working for or engaged by Louie Diamond any gift or other consideration which could act as an inducement or a reward for any act or failure to act; and
has not and will not offer or agree to give any third party any gift or other consideration (including, but not limited to, a political contribution) which could act as an inducement or a reward for any act or failure to act for the benefit or perceived benefit of a Louie Diamond or User.
NO WARRANTY. NO WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY MADE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THE SOFTWARE AND DATA IS PROVIDED AS IS, AS AVAILABLE. USER’S USE OF THE SOFTWARE AND DATA IS AT USER’S SOLE RISK. Louie Diamond does not warrant that the Software or Data is error free or that User will be able to operate the Software without problems or interruptions (including service failures).
LIABILITY LIMIT. Louie Diamond’s entire liability to User, whether in contract, tort (including negligence), or otherwise, shall never exceed the price paid by User for the License. Louie Diamond SHALL NEVER BE LIABLE FOR LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF Louie Diamond OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Agreement to Arbitrate and Class Action Waiver: Any claim arising from these Terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Las Vegas, Nevada before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. User agrees any claims arising from these Terms must be settled individually, and without resorting to any form of class action.
GOVERNING LAW AND VENUE: These Terms are governed by and construed with the laws of the State of Nevada, USA, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be unenforceable, the remaining provisions of these Terms shall remain in full force. USER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE LICENSE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE (AND RECOVERY SHALL BE LIMITED TO THAT ONE-YEAR PERIOD) OR BE FOREVER BARRED.