anteupllc.com

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anteupllc.com

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    • Home
    • About
    • Memberships
    • Add a preloaded bet
    • More
      • Leaderboard
      • Blog/Podcast
      • Gallery
      • Contact
      • Private Privacy
      • Terms of Use
      • Questions?
  • Home
  • About
  • Memberships
  • Add a preloaded bet
  • More
    • Leaderboard
    • Blog/Podcast
    • Gallery
    • Contact
    • Private Privacy
    • Terms of Use
    • Questions?

Terms of Use

These Terms of Use, together with the documents referenced herein apply to the mobile application named "Ante Up LLC". Ante Up permits you to use the App in connection with your employer's participation in the Safe Mile Program and subject to these Terms and any applicable rules applied by Apple Inc. and Google Inc. with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes App Store and https://play.google.com/store Play Store. You Jonathan Marcomb may only utilize the App in accordance with these Terms.

  • IMPORTANT      NOTICES:    
  • 1.1 Please read these Terms carefully before downloading, installing or using the App. By downloading, installing, accessing, browsing or using the App, you accept and agree to these Terms which bind you legally. The Terms are entered into for the benefit of Ante Up LLC and its affiliated companies who may each enforce against you. If you do not agree to these Terms you are not permitted to use the App and you must immediately cease downloading, installing or using the App.
  • 1.2 The content provided in the App is intended for general informational purposes only. Companies and individuals should not rely on the information provided in the App for the prevention or mitigation of risks or as an explanation of coverage or benefits under an insurance policy. If you are a Customer of the Ante Up Companies, you may be subject to other agreements with Ante Up. These Terms apply to use of the App and do not change or alter any other contract or agreement between you and the Ante Up Companies. Please refer to your policy documentation or contact your broker or Ante Up customer service representative for more information regarding any applicable Ante Up service or product.
  • 1.3 If you experience any technical issues with the App, or you would like to contact us regarding these Terms, you may contact Ante Up by sending an email to anteupllc.com@gmail.com.
  • 1.4 In order to use the App, you must have a compatible device which meets the following minimum specifications: for Apple devices, requires iOS 6.0 or later, and is compatible with iPhone, iPad, and iPod Touch; for Android, 4.4 and up, with both accelerometer and gyroscope sensors. Any compatible device to which you download the App will be known as a "Device" for the purposes of these Terms. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
  • 1.5 In order to access the App, you must have a Safe Mile account, your accompanying username and password that you, the member, have created, and a four-digit pin code which will be sent to the e-mail address you have provided in order to register.
  • ACKNOWLEDGEMENTS 
  • 2.1 These Terms apply to the App, including any updates or supplements thereto. Ante Up may change or revise these Terms from time to time in its sole discretion, with or without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
  • 2.2 From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version.
  • 2.3 You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.
  • PRIVACY 
  • 3.1 Your submission of information, including personal information, through or in connection with the App (if any) is governed by the terms of our privacy policy as updated from time to time, available at https://anteupllc.com/private-privacy and any additional privacy notice issued by your employer in connection with your participation in the Safe Mile Program.
  • THIRD      PARTY CONTENT 
  • 4.1 The App may contain links to independent third-party websites or other applications. Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third-Party Sites.
  • LICENSE 
  • 5.1 Subject to these Terms, the Privacy Policy and the App Store Rules and Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App on the Devices for the purposes of helping users better understand and improve their driving behaviors. Any other use of the App is strictly prohibited. We reserve all rights in and to the App. Ante Up reserves the right to revoke this license at any time, in its sole discretion.
  • LICENSE      RESTRICTIONS 
  • 6.1 Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree: 
  • (a) not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the App's sharing function; 
  • (b) not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way; 
  • (c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App; 
  • (e) not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; 
  • (f) not to remove any copyright, trademark or other proprietary rights notices from the App; 
  • (g) that you represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • ADDITIONAL      RESTRICTIONS 
  • 7.1 You agree: 
  • (a) not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App; 
  • (b) not to use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights; 
  • (c) not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and 
  • (d) not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
  • INTELLECTUAL      PROPERTY RIGHTS

     
  • 8.1 acknowledge that (i) all intellectual property rights in and to the App belong to the Ante Up Companies or their licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms. 
  • 8.2 In the event that you elect to share information with the Ante Up Companies through the App's "Email Us" function, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with the Ante Up Companies, (ii) the Ante Up Companies may utilize the information you supply, in whole or in part, in any manner in connection with the App, (iii) any modifications or improvements made to the App or Ante Up's products or services as a result of your feedback are owned and controlled solely by the Ante Up Companies, (iv) you have no right, title or interest in or to the App as a result of sharing your feedback. Do not submit any confidential, proprietary or personal information through the "Email Us" function.
  • 8.3 All trademarks, service marks, trade names, and logos are proprietary to the Ante Up Companies or used by Ante Up with the permission of its third-party providers. Nothing contained on in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Ante Up. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the App in source code form.
  • DISCLAIMER 
  • 9.1 The App is provided 'as is' and, to the extent permitted by applicable law, Ante Up and its' directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App shall be at your sole risk. The Ante Up Companies, the App Store and the Play Store, shall not have any obligation to furnish any maintenance and/or support services with respect to the App. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App.
  • 9.2 We make no representation or warranty as to the completeness, accuracy or correctness of information or content provided in the App. Such information is also subject to change at any time without notice.
  • 9.3 We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App.
  • 9.4 You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your Device.
  • 9.5 Ante Up is the marketing name for the worldwide app and the products and services are written or provided by subsidiaries or affiliates of Ante Up LLC. Please refer to the actual policy or the relevant product or services agreement. For additional information, please visit our website at https://anteupllc.com/. Not all products and services are available in every jurisdiction. Certain products and services may be provided by independent third parties.
  • LIMITED      WARRANTY 
  • 10.1 The App shall be validly licensed, of satisfactory quality, fit for the purpose for which it was provided and shall comply in all material respects with the description made available to you prior to downloading or installing it. In the event of any failure to comply with the warranty given in this section 10.1 Ante Up shall, as your sole remedy, either repair or replace the App or if that is not possible provide an appropriate refund in respect of the affected feature or function.
  • 10.2 If through our failure to exercise reasonable skill and care we provide you with digital content which damages a Device, you may be entitled to compensation under consumer law. However, we will not be liable for damage that you could have avoided by installing the latest version of the App or for damage that was caused by you failing to correctly install the App or have in place the minimum system requirements.
  • AVAILABILITY 
  • 11.1 We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except were prohibited by applicable law.
  • 11.2 In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App. In the event you choose to share information from the App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
  • LIMITATION      OF LIABILITY 
  • 12.1 You agree that you use the App and/or any Third-Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.
  • 12.2 To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of the App.
  • INDEMNIFICATION 
  • 13.1 To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
  • TERMINATION  
  • 14.1 The Ante Up Companies may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
  • EVENTS      OUTSIDE OUR CONTROL 
  • 15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
  • THIRD-PARTY      BENEFICIARIES AND APP STORE / PLAY STORE 
  • 16.1 With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms are between you and Ante up and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.
  • LAW      AND JURISDICTION 
  • 17.1 To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of Louisiana, U.S.A. and you consent to the non-exclusive jurisdiction of the Louisiana courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.
  • OTHER      IMPORTANT TERMS
  • 18.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
  • 18.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
  • 18.3 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
  • 18.4 These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms.
  • 18.5 Except to the extent specified in sections 16.1 and 18.1 hereof, or otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.
  • 18.6 No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.


AUTO RENEWAL SUBSCRIPTION AGREEMENT

  

This Auto Renewal Subscription Agreement sets forth the terms and conditions between You as a Subscriber and Ante Up LLC. Any Ante Up connection with Your subscription for Auto Renewal Subscription.

This Agreement is incorporated into, made part of and is subject to Ante UpTerms and Conditions of Use ("Terms of Use"), which You may see below. All terms defined in the Terms of Use shall have the same meaning when used in this Agreement as provided in the Terms of Use unless otherwise noted.

1. GENERAL TERMS

Ante Up offers Services through the Auto Renewal to Subscribers who are looking for access to its database of creative professionals as well as a variety of marketing software under a monthly or annual auto-renewal and pay fees in connection therewith. In addition to agreeing to this Agreement and the Terms of Use, in order to subscribe to Auto Renewal, you must enter into and agree to be bound by the terms of Your Subscription Agreement and Invoice (“Subscription Agreement”) with Ante Up. The general Subscription Agreement form can be accessed within the app. You will have an opportunity to discuss individual terms applicable to Your Subscription for Auto Renewal when you arrange for Your Subscription with Ante Up. Your Subscription Agreement will set forth the individual components and services that You select in Your subscription.

2. MEMBERSHIP SUBSCRIPTIONS

A. MONTHLY SUBSCRIPTION

Your monthly subscription will start when Ante Up confirms your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your Ante Up Account. You authorize us to store your payment and to automatically charge your payment method every month until you cancel. You may cancel your subscription at any time within any 30-day subscription period. However, any cancellation will only become effective at the end of the 30-day subscription period it was submitted in. No refunds and/or rebates will be paid for any part of the 30-day subscription. Because there’s no annual contract, your monthly rate is subject to change, but you will be notified of any change in your monthly rate with the option to cancel in accordance with these terms.

B. ANNUAL SUBSCRIPTION

Your annual subscription will start when Ante Up confirms your payment and will continue for a period of one year. Annual subscriptions purchased are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Ante Up Account. You authorize us to store your payment and to automatically charge your payment method every year until you cancel. Your annual rate is subject to change, but you will be notified of any change in your annual rate with the option to cancel in accordance with these terms. You may cancel your subscription at any time within any annual subscription period. However, any cancellation will only become effective at the end of the annual subscription period it was submitted in. No refunds and/or rebates will be paid for any part of the annual subscription. 

3. SUBSCRIPTION CANCELLATION

The only valid method for cancelling your Auto Renewal Subscription is by clicking on the cancellation link that is accessible after logging into your Ante Up account. This link is located in the Membership section of the profile. Assistance on how to cancel your Agreement can be accessed by anteupllc.com@gmail.com. Requests to cancel by email, phone or live chat are not considered, and do not finalize a cancellation. Once you submit your request you will receive an email confirmation within 48 business hours that the cancellation has been completed. If you do not receive this confirmation within that time, please contact Customer Support within 72 business hours to resolve or your cancellation request will be considered invalid. You are still responsible for any past due payments before your cancellation request was received and will need to be paid in full even after a cancellation request is processed.

4. PAYMENT FOR SERVICES

As compensation for the Services described in Your Subscription Agreement, You agree to pay a fee to Ante Up as set forth in Your Subscription Agreement. Subscription Fees are due and payable by You upon Your receipt of Ante Up Subscription Agreement, unless alternative payment arrangements have been made. Further terms that may affect Your payment obligations are set forth in the Terms of Use and are incorporated as if fully set forth herein. The Terms of Use, in its entirely, can be accessed by https://anteupllc.com/terms-of-use.

5. DURATION

All Subscriptions are for a limited period of time ("duration"). The duration of a Subscription is a thirty (30) day subscription or a one-year (12 months) subscription unless a different term is stated in the Subscription Agreement between You and Ante Up, in which case that duration will apply. Unless otherwise noted in writing, the Subscription commences on the day that You a) agree to the Subscription Agreement; b) receive a copy of the invoice; or c) pay the initial payment due for the Subscription, whichever is earliest. The Subscription automatically renews after its duration. You will be required to make all payments due during the duration of the Subscription regardless of whether You choose to access the Website, Contact Database or use the Services You agreed to in the Subscription Agreement.

6. SUBSCRIBER CONTENT

In order to receive Services under Your Subscription, you may be required to provide certain Subscriber’s Content or other materials in which You may have proprietary or intellectual property interest. Any and all content supplied by You or created, edited or amended in connection with the Services in Your Agreement are subject to all licenses, warranties and uses set forth in the Terms of Use and its incorporated Privacy and Intellectual Property Policies, which are incorporated as if more fully set forth herein and may be accessed by https://anteupllc.com/private-privacy.

7. CONFIDENTIALITY

You and Ante Up agree that each shall maintain and not disclose any and all confidential or proprietary information that is received from the other as a result of or in connection with Your Subscription and/or Services provided in connection therewith. Neither You nor Ante Up will, without the other's prior written consent, disclose to any third party any information concerning the other’s proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Your Subscription and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.

This clause shall survive termination of the Subscription Agreement.

8. WARRANTIES

By entering into this Subscription Agreement, you hereby acknowledge and agree that it is expressly subject to all warranties, promises and guarantees given and made by You, as a Subscriber to Ante Up, You as are set forth in the Terms of Use, which is incorporated herein by reference as if fully set forth herein. You may directly access the Terms of Use by https://anteupllc.com/terms-of-use

9. DISCLAIMERS AND LIMITATIONS OF WARRANTIES

Ante Up uses reasonable efforts to provide the Auto Renewal Subscription Services that You have Subscribed to receive. However, the results of any marketing effort depend on innumerable factors and market variables that are outside of Ante Up control.  As a result, although the Auto Renewal Subscription is intended to assist you to meet Your marketing goals, final results may vary.

THE AUTO RENEWAL SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO ALL RELATED SERVICES, MATERIALS AND WEBSITE CONTENT, ETC. ARE PROVIDED “AS IS.” ANTE UP EXCLUDES AND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. ANTE UP IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR THE DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE AUTO RENEWAL SUBSCRIPTION FUNCTIONS, OR THE MATERIALS AND CONDUCT AVAILABLE IN CONNECTION THEREWITH ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO THE USER’S AND/OR SUBSCRIBER'S USE OF AUTO RENEWAL SUBSCRIPTION AND ITS ASSOCIATED MATERIALS, INCLUDING THE ANTE UP WEBSITE OR RELATED SERVICES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER ANTE UP NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF SUBSCRIBER'S USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER OR NOT ANTE UP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY

ANTE UP DOES NOT GUARANTEE RESULTS. IN NO EVENT SHALL ANTE UP BE LIABLE FOR GENERAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES WITHOUT LIMITATION AS TO WHETHER SUCH DAMAGES ARE CONSIDERED TO BE DIRECT, GENERAL OR CONSEQUENTIAL DAMAGES. ANTE UP SHALL NOT BE LIABLE, (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS OF USE OR OTHER AGREEMENT, EXCEPT TO THE EXTENT OF ANTE UP GROSS NEGLIGENCE OR WILLFUL CONDUCT. IT IS AGREED THAT SHOULD ANY LIABILITY ON THE PART OF ANTE UP BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY THE SUBSCRIBER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE OF FEES PAID TO ANTE UP OR $500 IN THE EVENT THAT NO FEES WERE PAID, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.

11. AMENDMENT

Ante Up reserves the right to modify, update, add, delete, revise and change this Agreement as well as the Terms of Use at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button on the Website, or 30 days from the date the changes are posted to the Website, whichever occurs sooner.

12. COMPLETE AGREEMENT

This Agreement, as well as the Terms of Use, Subscription Agreement, and any documents expressly referenced or incorporated therein, together constitute the full agreement between You and Ante Up as to the matters contained therein. Any term not specifically addressed in this Agreement shall be governed by the Terms of Use and incorporated documents. In the event of a conflict between this Agreement and the Terms of Use, the specific terms of this Agreement shall apply.

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