Effective Date:  November 5, 2025

PLEASE READ OUR TERMS OF SERVICE CAREFULLY. BY AGREEING TO THE TERMS OF SERVICE, YOU ARE AGREEING TO RESOLVE DISPUTES THROUGH BINDING, INDIVIDUAL ARBITRATION, AND ARE WAIVING YOUR RIGHT TO A TRIAL BY JUDGE OR JURY. SEE SECTION 26 BELOW.

1. ACCEPTANCE OF TERMS

Welcome to American Wagering, Inc, William Hill Nevada I, William Hill Nevada II, WH NV III LLC., and Brandywine Bookmaking, LLC d/b/a William Hill and Caesars Sportsbook. (together, with its subsidiaries and affiliated companies, referred to as “The Company,” “we,” “us” or “our”). These Terms of Service (“Terms” or the “Agreement”) apply to our “Services,” which include our products (e.g., software, kiosks), Content (as defined further below) and services which make it possible for our customers to place: (a) cash wagers in any Nevada Company Race & Sportsbook, (b) cash wagers on self-service terminals in non-restricted gaming establishments (“Casino Kiosk(s)”), and to participate in (c) account wagering on: (i) self-service terminals (“Kiosk(s)”), or (ii) any Company Mobile Sports Apps, for use on mobile phones and tablets. By using our website (the “Website”), or our Services you agree to enter into a legally binding agreement with us and to be bound by our: (i) Terms, (ii) Account Wagering Rules, (iii) House Rules, and (iv) any special rules that may apply to any promotion (e.g., contests) in which you may participate, (collectively our Account Wagering Rules, House Rules and special rules, if any, are referred to as “Rules”). If you do not agree to the Terms and Rules, you may not use our Services.

Changes to Terms of Service. This page describes our current Terms of Service and notes at the top of the page the date they were “Last Updated” and became effective. We may update or change them from time to time, at our sole discretion, and without prior notice to you. Thus, please review the Terms of Service and Rules periodically to learn of any changes.

Continued Use. Your continued use of our Services, after the posting of any changes constitutes your binding acceptance of such changes. If any change is unacceptable to you, you may either cease using our Services and/or close your remote wagering account (if any).

Additional Terms of Service. Please note that additional and/or different conditions and terms of service may apply to services or products provided through one or more of our partners, advertisers, business associates, Suppliers (as defined below), the Company Mobile Sports App Distributors (as defined below), or third parties, and you should refer to those before using such services or products.

2. DESCRIPTION OF OUR SERVICES

We offer race and sports wagering products (e.g., kiosks, software), Content (as defined below), and Account Wagering (as defined in the Nevada Gaming Regulations), through our network of race and sportsbooks, Casino Kiosks, Kiosks, Website, and the Company Mobile Sports App (which can be utilized only in the State of Nevada or other approved jurisdictions where sports wagering is lawful, if any). The term “Content” means, but is not limited to, race and sports wagering opportunities, promotions, contests, odds, lines, news, other reports, data, graphics, text, visual interface, and information, displayed in our race and sportsbooks, on our Website, Casino Kiosks, Kiosks and/or the Company Mobile Sports App.

3. OPENING A COMPANY REMOTE WAGERING ACCOUNT

To participate in account wagering you must open an account with us. You must complete an Account Wagering Application (“Application”), which is available on our Website, at any Company location and any participating third party locations, and present it in person, along with valid picture ID (e.g., driver’s license, government-issued ID) and Social Security card, to a Company representative at an approved Company location. Once we verify the information in the Application, and you open and fund your wagering account, you will be able to place bets.

Account wagering on your wireless device. When you open an account we will also give you instructions on how to download the Company Mobile Sports App for your mobile phone or tablet from one of the participating App stores such as Apple® (“Company Mobile Sports App Distributors”). After you install the Company Mobile Sports App, and accept our Terms and Rules, you will be able to bet on race and sporting events on your wireless device using the Company Mobile Sports App which will process your bet and deduct the funds from your account, provided you place your wager from within the State of Nevada.

In opening your Company remote wagering account you warrant that: (i) you understand and accept the risk that, by using our services and content, you may, as well as winning money, lose money, (ii) you satisfy the Age Requirements, (iii) you are legally able to enter into contracts, (iv) you are not a person barred from receiving our Services and/or using our content, under federal, state, and/or local laws and those of other applicable jurisdictions, and (v) you are the rightful owner of the money which you at any time deposit in or withdraw from your account.

4. AGE REQUIREMENTS

Betting on race and sporting events is an adult recreational form of entertainment. We do not market or advertise our Services to persons under the age of 21. By using our services, you certify that you are at least 21 years of age. If you are younger than 21 years of age, you are prohibited from accessing or using any of our services, and may not: (i) submit information to the web site, (ii) purchase any goods or services from us, (iii) establish any account with us, or (d) access or attempt to access any password-restricted information contained on our web site, or any remote wagering account.

Parents or Guardians of Children:

Persons under 21 years of age are prohibited from using our Services. We do not knowingly collect or maintain personal information from persons under 21 years of age. If we learn that personal information of persons who are under 21 has been collected on our Services, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has submitted information for and/or obtained a remote wagering account, you may contact us at Caesars Web Form and request that we remove his or her information from our systems and close the account, if any.

5. VERIFICATION OF YOUR IDENTITY; ACCURATE INFORMATION

You agree to provide true, accurate, current and complete information to us, and represent and warrant that the name and address, and all other information, you supply when opening a remote wagering account, and anytime thereafter, are true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse or limit access to, suspend or terminate your account, without prior notice to you, and to refuse any and all current or future use of our Services. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service provider for the duration of your business relationship, solely to help us/them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how to see how we treat your data.

6. ACCOUNT NUMBER AND PASSWORD SECURITY

You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your remote wagering account. You agree to take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your account number and password to anyone, and accept full responsibility for all activities and transactions that occur under your remote wagering account, whether or not authorized by you. You also agree to (i) immediately notify us by email at Caesars Web Form of any unauthorized use of your remote wagering account or password, or any other breach of security, and (ii) ensure that you exit from your remote wagering account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. CONSENT TO TRACK LOCATION OF YOUR WIRELESS DEVICE

· To participate in account wagering on your wireless device you must have a wireless device that is compatible with the Company Mobile Sports App. We do not represent, or warrant that the Company Mobile Sports App will be compatible with your wireless device.

· Enabling your device. The Company Mobile Sports App must access GPS and other location information associated with your wireless device. You agree to enable your wireless device to allow us to access your wireless device’s location information from time to time, and consent to us verifying your location using GPS or other location technologies.

· Wireless Carrier owns location-based information. By entering into this Agreement, you acknowledge and agree that the location of your wireless device is information that is owned by your wireless carrier; and you have no expectation of privacy when using your remote wagering account as it relates to identifying the location of your wireless device.

8. DATA COLLECTION, USE, AND DISCLOSURE 

· We may collect, use, and disclose technical data and related information, including but not limited to your wireless device, system and application software, peripherals, and location, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Caesars Sportsbook Mobile Sports App and our Services. We may use this information to provide our services or technologies to you. We also may use this information, as long as it is in a form that does not personally identify you, to improve our products.  

· In addition, we may collect, use, and disclose  personal information about you (including, but not limited to, your name, postal and email addresses, telephone number, Caesars Sportsbook remote wagering account number, and device number) as described in our Privacy Policy below. This information may be processed by us, by any of our third-party vendors (such as wireless carriers, technology developers, advertisers, sponsors, licensors, distributors and/or service providers) (“Suppliers”) and by Caesars Sportsbook mobile sports app distributors (such as Apple®). . For more information about our privacy practices, please see our Privacy Policy below. 

· Third Parties’ Terms of Use and Privacy Policies. YOUR WIRELESS CARRIER, SUPPLIERS, AND ANY OTHER CAESARS SPORTSBOOK MOBILE SPORTS APP DISTRIBUTORS TO WHICH YOU SUBSCRIBE MAY ALSO COLLECT INFORMATION AND DATA ABOUT YOU. THE COLLECTION, USE, AND DISCLOSURE OF PERSONAL, NON-PERSONAL, AND LOCATION INFORMATION AND DATA BY YOUR WIRELESS CARRIER, SUPPLIERS, AND CAESARS SPORTSBOOK MOBILE SPORTS APP DISTRIBUTORS TO WHICH YOU SUBSCRIBE IS GOVERNED BY THEIR RESPECTIVE TERMS OF USE AND PRIVACY POLICIES AND MAY DIFFER FROM OUR TERMS AND PRIVACY POLICY. 

9. INFORMATIONAL PURPOSES ONLY

ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH THE COMPANY ARE UNOFFICIAL AND OFFERED FOR INFORMATIONAL PURPOSES ONLY. While we, and the third parties used to provide our Services (“Third Party Providers”) use reasonable efforts to include accurate and up-to-date information, neither we nor our Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through our Services. You agree that we, as well as our Third Party Providers, shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our Services and shall not be responsible or liable for any error or omissions in that information.

10. THE COMPANY’S PROPRIETARY RIGHTS

We Own The Company’s Materials. You acknowledge and agree that our Website, the Company Mobile Sports App, The Company remote wagering accounts, Casino Kiosks, Kiosks and/or Services contain proprietary and confidential information, including, but not limited to: (i) Content (e.g., sports wagering opportunities, promotions, contests, odds, lines, news, other reports, data, graphics, text, the selection thereof, visual interfaces, information), and (ii) alerts, (iii) computer code, (iv) software, (v) software compilations, (vi) underlying source code, (vii) products including wireless device applications and (viii) services, (all of which are collectively referred to as “Company’s Materials” or “Materials”), which are subject to copyright and other proprietary rights which are either owned by us, or used by us under license from third-party rights owners.

· Intellectual Property Rights; Company Marks. You agree that all intellectual property rights in our trademarks, trade names, service marks and other Company logos and brand features, and product and service names and trademarks (“Company Marks”) vest in us and/or third-party licensors. You agree not to display, use or reproduce, in any manner, the Company Marks without our prior written consent. Under no circumstances shall the use of our Services or Materials grant to you any interest in any intellectual property rights (for example, copyright, know-how or trademarks) owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable license to use such intellectual property rights in connection with your personal, non-transferable, revocable, non-commercial use of our Services and Materials pursuant to the Terms of Service. Derivative Works. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on our Services, or Materials, and such Content or the software, in whole or in part.

· Third Party’s Intellectual Property Infringement Claims. You acknowledge and agree that, in the event of any third party claim that the Company Mobile Sports App in your possession and use of the Company Mobile Sports App infringes that third party’s intellectual property rights, we (not the Company Mobile Sports App Distributors) shall be solely response for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

11. LEGAL COMPLIANCE

You represent and warrant that you will comply with applicable local, state, federal, and international laws when using our Website, any Casino Kiosks or Kiosks, the Company Mobile Sports App, any Company remote wagering account and any Company Materials and Services. You further represent and warrant that: (i) you are not located in any 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, you acknowledge and agree to comply with any terms, rules and/or policies that may be incorporated into this Agreement, as well as your agreements with your wireless carriers, the Company Mobile Sports App Distributors (such as, and/or including but not limited to Apple®) and other third parties. You will be responsible for any cost and expenses incurred by us (including attorneys’ fees) as a result of your misuse or use.

12. PROHIBITED USER CONDUCT

YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:

Access the restricted areas of the Company Materials if you are under the age of 21 years old;

Access, reproduce, duplicate, copy, sell, trade, resell, or use the Company Materials or Services for any commercial or non-private use, it being understood that Company Materials and Services are for personal, non-commercial use only;

Access or use the Company Materials or Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;

Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website, Casino Kiosks, Kiosks or the Company remote wagering account of other users;

Sell or transfer or allow another person to access your account password, profile, or The Company remote wagering account; nor Use any wireless device, or Kiosk to access your Company remote wagering account in a manner inconsistent with or in violation of this Agreement.

13. VIRUSES, HACKING & OTHER OFFENSES

YOU REPRESENT AND WARRANT THAT YOU WILL NOT, NOR WILL YOU ALLOW, OR ASSIST OTHERS TO:

· Attempt to or actually remove, circumvent, disable, damage, override or otherwise interfere with security related features of or related to the Company Materials or features that prevent or restrict use or copying of any content accessible through the Company Materials, or features that enforce limitations on use of the sports account wagering services;

· Attempt to or actually intentionally interfere with or damage operation of the Company Materials or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating or propagating viruses, works, trojans, logic bombs or other material or code that is malicious or harmful;

·  Knowingly or negligently use any features which may interfere with or affect the function of the Company Materials in any way, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating or propagating viruses, works, trojans, logic bombs or other material or code that is malicious or harmful;

· Use the Company Materials in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Company Materials could lead directly to death, personal injury, or severe physical or property damage;

· Attempt to gain unauthorized access to the Company Materials, or any part of it, other accounts, computer systems or networks connected to the Company Materials, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Company Materials or any activities conducted on or through the Company Materials;

· Use any robot, spider, scraper or other automated means to access the Company Materials for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Company Materials or modify them in any manner or form, nor to use modified versions of the Company Materials, including (without limitation) for the purpose of obtaining unauthorized access to the Company Materials;

· Reverse engineer, decompile, disassemble, or otherwise attempt to extract, generate or retrieve source code from any compiled binary provided in any Company Materials underlying the Website, Kiosk or the Company remote wagering account, in whole or in part, except as expressly permitted by mandatory law;

· Modify, translate, adapt, arrange or create derivative work based on the Company Materials, in whole or in part, for any purpose;

· Export the technology in the Company Materials in violation of applicable export control laws;

· Interfere with, overload, “flood”, “crash” or disrupt The Company, which may include, but is in no way limited to, submitting in any manner (i.e., manual or automated) an unreasonable amount of account sign-ons that require location verification;

· Flood the Website with information, multiple submissions or “spam”; Corrupt the Website;

· Attempt to gain unauthorized access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website or necessary to operate and deliver The Company, Services; nor Interfere or tamper with, remove or otherwise alter in any way, any information, in any form which is included on the Website.

14. OUR RIGHT TO REFUSE ACCESS AND TO SUSPEND, MODIFY OR DISCONTINUE SERVICE

WE RESERVE THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON, TEMPORARILY OR PERMANENTLY, AND WITHOUT ANY NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DENIAL OF ACCESS, MODIFICATIONS TO, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.

15. TERMINATION AND CLOSURE OF YOUR ACCOUNT
By The Company. You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your remote wagering account, any associated email address, and access to our Services. Cause for such termination, limitation of access or suspension shall include, but is not limited to: (i) breaches or violations of the Terms or Rules or other incorporated rules, agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Company Materials and remote wagering account (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, and (vi) engagement by you in fraudulent or illegal activities.

By You. You may close your remote wagering account, and terminate any associated email, by submitting a request to us at Caesars Web Form in the manner set forth in our Terms and Rules.

· Pending Investigations. By opening an account with The Company, you give us the authority to withhold deposited funds during an investigation initiated by the Nevada Gaming Control Board, government agencies or other regulatory authorities, until such time as The Company has been notified that said investigation has been completed and the funds may be released. Such investigations may involve, but are not limited to, matters regarding: source of funds, having someone bet for you, suspicious account activity, or other alleged actions regarding you or your account. Depending on the outcome of such investigations, funds may be forfeited to the applicable regulatory authority and/or government agency.

· Effect of Termination. You agree that all terminations, limitations of access and suspensions of your remote wagering account shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination, limitation of access or suspension of your remote wagering account, or access to our Services. Terminating your remote wagering account includes any or all of the following: (i) terminating your access to all or part of our Services, (ii) deleting your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring you from further use of all or part of our Services. Upon termination, you will lose access to your remote wagering account but you will be and remain responsible for fees for wireless carrier services or that any third party may legally impose, if any. We will have no further liability to you or any further obligations under this Agreement.

16. LINKS TO OTHER WEBSITES; DEALINGS WITH ADVERTISERS; THIRD-PARTY PRODUCTS AND SERVICES; AND LICENSE TERMS

· Links. Our Website, and the Company Mobile Sports App may include links to other websites (e.g., sponsors’, or advertisers’ websites) or services solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such external sites, or resources, that we do not endorse and are not responsible or liable for any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

· Dealings with Advertisers. You understand that our Services may be advertising sponsored and may include advertising presented each time our Website or the Company Mobile Sports App is initially accessed, and you consent to receiving such advertisements. You understand and agree that your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Website or the Company Mobile Sports App are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Website or the Company Mobile Sports App.

· Products or Services Provided by Third-Parties. Parties other than The Company may provide services or sell products via the Company Materials. We are not responsible for examining or evaluating, and we do not make any representations regarding, or warrant the offerings of, any of these businesses or the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

· Third-Party License Terms. Some products and services are provided from third-parties and therefore the use of such products and services are also governed by such third-party license terms. In such case, you will also be subject to such third-party license terms.

17. COMPANY NOTICES

We may provide you with notices, including but not limited to email, SMS, MMS, text message, postings on the Company Materials or other reasonable means now known or hereafter developed. You might not receive such notices if you violate these Terms by accessing our Services in an unauthorized manner. Your agreement to these

Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Company Materials in an authorized manner.

18. CARRIER CHARGES

The Company Mobile Sports App delivers content via (i) mobile carrier networks through their data channel, text messaging, and (ii) proprietary communication channels. YOU MAY INCUR DATA CHARGES AND TEXT MESSAGING CHARGES THROUGH YOUR USE OF THE COMPANY MATERIALS. WE RECOMMEND THAT YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN AND MONITOR SUCH USAGE REGULARLY. TO DETERMINE IF YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN, WE RECOMMEND YOU CONTACT YOUR WIRELESS CARRIER TO VERIFY YOUR PLAN AND ASSOCIATED COSTS FOR DATA AND TEXT MESSAGES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY CARRIER CHARGES ASSOCIATED WITH THE USE OF THE COMPANY MATERIALS.

19. SCOPE OF LICENSE

License Granted to use the Website. We grant you a personal, non-exclusive, non-transferable, revocable license to use our Website.

The Company Mobile Sports App.

i) License Grant. We hereby grant you a personal, non-exclusive, non-transferable, revocable license to use the Company Mobile Sports App for your personal use on a wireless device (including, but not limited to, iPhone, that you own or control as permitted by the Usage Rules set forth in the applicable APP Store Terms of Service, “Usage Rules”), which is associated with your remote wagering account and which may be accessed by a single password. You may not distribute or make the Company Mobile Sports App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Company Mobile Sports App. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or credit derivative works of the Company Mobile Sports App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Company Mobile Sports App). Any attempt to do so is a violation of the rights of the included with the Company Mobile Sports App and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

ii) Software Update. We may from time to time issue updated versions of the Company Mobile Sports App and may automatically electronically update the version of the Company Mobile Sports App that you are using on your wireless device. You consent to such automatic updating (and receiving notices notifying you that updates have been issued) on your wireless device, and agree that the Terms and conditions of this license and Agreement will apply to all such updates.

iii) Open Source. With respect to any open source or third-party code that may be incorporated in the Company Materials, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.

iv) Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Company Materials or any copy thereof and we retain all rights, title, and interest in the Company Materials (and any copy thereof) and Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.

v) Termination of License. The license is effective until terminated by you or us. Your rights under this license terminate automatically without notice from us if you fail to comply with any term(s) of this license and Agreement. Upon termination of the license you shall cease all use of and disable the Company Materials (and any copy thereof).

20. INDEMNIFICATION

You agree to indemnify and hold harmless, The Company and the Company Mobile Sports App Distributors (such as, and/or including, but not limited to, Apple®), including all of their respective employees, directors, officers, shareholders, partners, agents, and permitted assigns, for, from and against any and all damages, losses, liabilities, obligations, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ and other professional fees related to third party claims, demands, charges or investigations, arising out of or in connection with: (i) your use of Company Materials, in whole or in part, including without limitation your use or misuse of any location information, addresses, directions, or any other data you may obtain while using the Company Materials, (ii) your breach of this Agreement or your failure to carry out any obligation or responsibility hereunder, (iii) any violation by you of any requirements or restrictions of ours of any of Suppliers, and of the Company Mobile Sports App Distributors or applicable laws, rules or regulations, or any access to or use of the App, (iv) the use or misuse of the location based information disclosed to third parties as set forth in your remote wagering account. In no event will you settle any claim without our prior written approval. We reserve the right, without waiving any rights to indemnification, including reimbursement of reasonable legal fees and costs, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without your prior written consent. All indemnification obligations will continue in effect even after, and notwithstanding, any expiration or termination of this Agreement.

21. DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a) NO WARRANTIES. THE COMPANY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE COMPANY MATERIALS WILL BE AT YOUR SOLE RISK, AND THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, AND ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE COMPANY MATERIALS, AND YOUR USE THEREOF.

b) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPANY MATERIALS OR THEIR CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE COMPANY MATERIALS, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, COMPANY MATERIALS AND/OR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE COMPANY MATERIALS OR BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE COMPANY MATERIALS AND ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY MATERIALS.

c) DEALINGS WITH ADVERTISERS; THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY MATERIALS, YOUR WIRELESS DEVICE, OR ANY HYPERLINKED MESSAGING SOFTWARE OR WEBSITE OR WIRELESS DEVICE. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST WAGERS OR LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND FURTHER THAT PURSUANT TO THIS PROVISION NO THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO COMPANY SUPPLIERS, PARTNERS AND/OR WIRELESS CARRIER PARTNERS, SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE COMPANY MATERIALS, ANY LINKS THERETO OR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (A) THE AMOUNT PAID, (IF ANY), BY YOU TO US FOR THE COMPANY MATERIALS DURING THE TERM OF YOUR USE OF THE COMPANY MATERIALS OR (B) ONE THOUSAND DOLLARS ($1,000). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

d) THE COMPANY MATERIALS AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE, AS WELL AS OUR SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION THE COMPANY THIRD-PARTY WIRELESS CARRIER PARTNERS, AND THE COMPANY MOBILE SPORTS APP DISTRIBUTORS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

e) NEITHER WE NOR OUR SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION COMPANY THIRD-PARTY WIRELESS CARRIER PARTNERS, AND THE COMPANY MOBILE SPORTS APP DISTRIBUTORS), WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY MATERIALS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

f) NEITHER WE, NOR OUR SUPPLIERS OR PARTNERS (INCLUDING WITHOUT LIMITATION COMPANY THIRD-PARTY WIRELESS CARRIER PARTNERS, THE COMPANY MOBILE SPORTS APP DISTRIBUTORS) WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION OR THE COMPANY MATERIALS IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY OR ITS SUPPLIERS OR PARTNERS OR THIRD PARTY WIRELESS CARRIERS OR COMPANY MOBILE SPORTS APPDISTRIBUTORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION TO THE WIRELESS DEVICE OR TO YOUR COMPUTER THAT YOU ALLEGE IS CAUSED BY OR RELATED TO THE COMPANY MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY MATERIALS AT YOUR OWN DISCRETION AND RISK.

g) THE COMPANY MATERIALS ARE INTENDED ONLY AS PERSONAL SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY SYSTEM, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE COMPANY MATERIALS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

h) YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE COMPANY MATERIALS AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE COMPANY MATERIALS OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that the Company Materials include material that constitutes an infringement of your copyrighted work, you can notify us by providing the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work; A description of the allegedly infringed copyrighted work; Identification of the allegedly infringing material and where on this or Company materials the allegedly infringing material is located; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the infringing material on the Company Materials is not authorized by the copyright owner, its agent, or the law; and A statement by you that the information you are providing in this notification is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the copyright owner.

The above information should be sent by email to legal@caesars.com or by mail to:

Attention: Legal Department/Copyright Notice 6325 S. Rainbow Blvd., Suite 100

Las Vegas, NV 89118 or:

Phone: 1-855-474‑0606

Fax: 702-750-2334

23. INTERSTATE NATURE OF COMMUNICATIONS ON THE COMPANY NETWORK

When you enroll with us, you acknowledge that in using our Services to send electronic communications (including but not limited to email), you will be causing communications to be sent through our computer networks, to portions of which are located in Nevada, and other locations in the United States and portions of which may located abroad. As a result, and also as a result of our network’s architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.

Accordingly, by agreeing to these Terms, you acknowledge that use of the service results in interstate data transmissions.

24. SUBMITTING IDEAS, OR INNOVATIONS TO THE COMPANY

By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Ideas” or “Innovations”) to us through email or any suggestion or feedback links or mail, you acknowledge and agree that: (i) your Ideas and/or Innovations do not contain confidential or proprietary information, (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Ideas and Innovations, (iii) we shall be entitled to use or disclose (or choose not to use or disclose) such Ideas and Innovations for any purpose, in any way, in any media worldwide, (iv) we may have something similar to the Ideas and Innovations already under consideration or in development, (v) your Ideas and Innovations which are not subject to a patent, automatically become our property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from us, under any circumstances.

25. GOVERNING LAW; VALIDITY. These Agreements shall be governed by and construed in accordance with the laws of Nevada. Except as set forth in Section 26, if any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms. 

26. ARBITRATION AGREEMENT 

PLEASE READ THIS SECTION 26 (“ARBITRATION AGREEMENT”) CAREFULLY. THIS SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. 

26.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Agreements, including claims and disputes that arose between us before the effective date of these Terms of Service (each, a “Dispute”) will be resolved by binding arbitration, using the English language, rather than in court, except that: (1) you and we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (3) if Nevada gaming regulations require that gaming-related disputes be resolved by the applicable gaming regulator, both you and we must comply with that mandated dispute resolution process. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreements as well as claims that may arise after the termination of the Agreements. 

26.2 Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 

26.3 Waiver of Class and Other Non-Individualized Relief. YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 26.10, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 26.10. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated only in the courts of Nevada in a bench trial only. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY FOR SUCH CLAIM OR REQUEST FOR RELIEF. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us from participating in a class-wide settlement of claims. 

26.4 Informal Dispute Resolution. You and we agree that good-faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to personally participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to serviceofprocess@caesars.com. If we seek to file the arbitration demand or small claims court action, we will send the Notice to the email or physical mailing address you provided to us. If such contact information has not been provided, we may also use any other reasonable means to contact you to provide the Notice, including by posting a message in your Account.  

A Notice, whether sent by you or us, must include: (1) your name, telephone number, mailing address, and email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Notice must specify a proposed date and time when you are available for an Informal Dispute Resolution Conference; however, you agree to cooperate with us in scheduling a mutually agreeable date and time if your proposed date and time is not convenient for us. 

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held a claimant initiates a Dispute, even if the same law firm or group of law firms represents multiple claimants in similar cases, unless all parties agree. Likewise, multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.  

Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. Failure to appear for the Informal Dispute Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to participate in good faith. 

In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. 

26.5 Arbitration Demand. 

If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either party may initiate an arbitration proceeding by sending a demand to the other party that describes the nature and basis for the claim (“Arbitration Demand”). The Arbitration Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the informal dispute resolution process as described above; and (5) evidence that the initiating party has paid any necessary filing fees in connection with such arbitration. The Dispute Notice shall be personally signed by the claimant, and the claimant shall declare under penalty of perjury that the facts stated in the Arbitration Demand are true and correct. If the claimant is represented by counsel, the Arbitration Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Arbitration Demand. By signing the Arbitration Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Arbitration Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  

26.6 Arbitration Rules and Forum. The Agreements evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. Arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures, as supplemented by the JAMS Mass Arbitration Procedures and Guidelines in the event that the Batch Arbitration process discussed in Section 26.10 is triggered (collectively, “JAMS Rules”). The JAMS Rules and arbitration forms are available at www.jamsadr.com or by request at 1-800-352-5267. A party who is eligible to file an Arbitration Demand pursuant to this Arbitration Agreement must commence arbitration with JAMS and provide appropriate notice to the other party as required by the JAMS Rules.  Unless you and we otherwise agree, the proceedings must be filed in Nevada, except that, if the Batch Arbitration process discussed in Section 26.10 is triggered, the arbitration will be conducted in Las Vegas, Nevada. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.  

Subject to the applicable JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. Notwithstanding the foregoing, we may share information relating to any arbitration, including any related materials and documents, (a) with any of our gaming regulators, and (b) with other third parties to the extent disclosure is required by applicable law or a binding agreement. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 

26.7 Arbitrator. The arbitrator will be selected by the parties from the JAMS roster of consumer dispute arbitrators pursuant to the applicable JAMS Rules. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Demand, then JAMS will appoint the arbitrator in accordance with the applicable JAMS Rules, provided that if the Batch Arbitration process under Section 26.10 is triggered, JAMS will appoint the arbitrator for each batch. 

26.8 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 26.3, including any claim that all or part of Section 26.3 is unenforceable, illegal, void or voidable, or that Section 26.3 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 26.10, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration or has a valid defense for failing to do so shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 26.10. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. 

26.9 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 

26.10 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations by multiple claimants, you and we agree that in the event that there are twenty-five (25) or more individual Arbitration Demands of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, JAMS shall (1) administer the arbitration demands in batches of 100 Arbitration Demands per batch (plus, to the extent there are less than 100 Arbitration Demands left over after the batching described above, a final batch consisting of the remaining Arbitration Demands), or in a single batch if there are fewer than 100 Arbitration Demands in total; (2) appoint one arbitrator for each batch; (3) administer the batches concurrently; (4) provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award; and (5) apply one filing fee per side for the arbitration of all of the Arbitration Demands, and one arbitration filing fee per patch, as provided in JAMS’ Mass Arbitration Procedures Fee Schedule (“Batch Arbitration”). Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches, but may be cited by the parties as persuasive authority. 

All parties agree that Arbitration Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a Process Administrator to determine the applicability of the Batch Arbitration process, per the JAMS Mass Arbitration Procedures and Guidelines. You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, as well as reasonable steps to minimize the time and costs of arbitration. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. 

26.11 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to arbitrationoptout@caesars.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of the Arbitration Agreement for the Service. If you opt out of this Arbitration Agreement, all other parts of the Agreements will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 

26.12 Invalidity. Except as provided in Section 26.10, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. However, Section 26.10 is a necessary and indispensable part of this Agreement. For the avoidance of doubt, this means that, if Section 26.10 is found by a court or arbitrator to be invalid or unenforceable to any extent in any dispute to which you are a party, then you agree that the entire Arbitration Agreement shall be of no force and effect as to that dispute.  

26.12 Expiration. You further agree that any Dispute that you have with us as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. 

26.13 Modification. Notwithstanding any provision in the Agreements to the contrary, we agree that if we make any future material change to this Arbitration Agreement, we will notify you. Your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes, unless you opt out of the new version of the Arbitration Agreement within 30 days of it being posted, pursuant to the process set forth in Section 26.11. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreements. 

27. GENERAL INFORMATION

You have the right to opt out and not be bound by this arbitration agreement by emailing us your decision to opt out at arbitrationoptout@caesars.com. The notice must be sent within thirty (30) days of your first use of the Services or the availability of this opt-out, whichever is later.

Batch Arbitration.  Notwithstanding any provision to the contrary in the foregoing or in the applicable AAA rules, the parties agree that, in the event there are twenty-five (25) or more individual arbitration demands filed within a ninety (90) day period relating to the same or similar facts and asserting the same or similar claims for relief, the following rules shall apply:

· AAA shall administer the arbitration demands in batches of 100 demands per batch (or as close as possible to 100, where there are fewer than 100 demands to fill a batch). 

· For each such batch, AAA shall appoint a single arbitrator and resolve the batch as a single consolidated arbitration, with one set of filing, administrative, and arbitrator fees due per batch (with the same fee schedule being applied to the entire batch as would ordinarily apply to a single arbitration).

· Batches may be arbitrated concurrently.  Arbitrator decisions made with respect to one batch shall have no precedential effect on subsequently administered batches. 

· The parties shall cooperate with one another and with AAA to implement this batch arbitration process in good faith, in the interests of minimizing the costs of arbitration. 

Any challenge by a party to the applicability, validity or enforceability of this Batch Arbitration provision shall be decided only by a court of competent jurisdiction and not by an arbitrator. In the event that this Batch Arbitration provision is found to be invalid or unenforceable to any extent, or in the event that the AAA declines to implement this Batch Arbitration provision for any reason, this entire Arbitration Agreement shall be of no force and effect.

28. WHAT TO DO IF YOU ARE AWARE OF A VIOLATION

You agree that if you witness or become aware of any user activity that violates the Terms of Service, and/or Rules then in effect, you shall as soon as practicable report it to us at legal@caesars.com. We cannot guarantee that any action will be taken as a result of your email, but we appreciate your assistance in bringing it to our attention.

29. NOTIFY US OF ACTS CONTRARY TO THIS AGREEMENT

If you believe that you are entitled or obligated to act contrary to this Agreement or any mandatory laws, you agree to provide us with detailed thirty (30) days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

30. MAINTENANCE AND SUPPORT FOR THE COMPANY MOBILE SPORTS APP

We are solely responsible for providing any maintenance and support services for the Company Mobile Sports App, as specified in this Agreement or as required under applicable law. You acknowledge and agree that the Company Mobile Sports App Distributors have no obligation whatsoever to furnish any maintenance and support services for the Company Mobile Sports App. If you have any questions, complaints, or claims, with respect to the Company Mobile Sports App or require assistance please contact us.

31. CONTACTING US

You may contact us by email by clicking Caesars Web Form, or calling 1-855-474-0606.

Capitalized terms not defined herein have the definitions set forth in the General Terms of Service. If there is a conflict between the references made herein and the General Terms of Service, the General Terms of Service shall control.

Underage gambling is a criminal offense and any person who facilitates someone under the age of 21 to gamble has committed a criminal offense and shall be prohibited from Internet gaming.

American Wagering, Inc., d/b/a William Hill and Caesars Sportsbook (collectively referred to as “the company” or “we,” “us,” or “our”) excludes minors (persons under the age of 21) from gaming, so we will always ask for proof of age during the registration process. During registration, your social security number will need to be included on the registration form, which will be automatically verified by us, along with other information you provide. If there is an issue with the initial verification process, you will be required to provide your qualifying picture ID and your utility bill for further verification.

If you know someone under the age of 21 who is registered with us, please click here to contact Customer Support immediately. 

Federal Law prohibits and restricts wagering on the Internet (including, but not limited to, such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (‘The Wire Act’) and 31 U.S.C. §§ 5361 through 5367 (‘UIGEA’)). It is a Federal offense for persons physically located outside of Nevada to engage in Internet wagering through a Nevada casino.

Real-money gaming on the Platforms is restricted by the Nevada Gaming Control Board to users who are physically located within the state where William Hill US and/or Caesars Sportsbook is permitted and licensed to offer sports wagering. To confirm your desktop/laptop location, we use a third-party method using IP address and Wi-Fi signal. If one of the two is not confirmed, you will not be allowed to use the Services. To confirm your mobile device location, we use a third-party method using carrier cell tower and/or Wi-Fi signals. If your mobile device location is not confirmed, you will not be allowed to use the Services. We cannot guarantee that your device will be able to successfully use the location services. If we or our third-party providers are unable to precisely track your location for any reason, you may be prevented from accessing or using the Services. We are not liable for your inability to access or use the Services.

By registering to use the Services, you consent to the monitoring and recording by us (or our service providers) and/or by the Nevada Gaming Control Board of any wagering communications and geographic location information for the purpose of determining compliance with the Wire Act.

We will handle all information collected through the location services in accordance with our Privacy Policy. If you have any questions or concerns regarding the location services, you may click here to contact Customer Support or call 1-855-474‑0606.

Account History & Security

Account Safety and Sharing– Your email address and password created on account registration should not be shared with anyone. As an approved player, you are explicitly prohibited from allowing others access to your account. You are solely responsible for the security of your email address and password, and all activities that occur under your account.

If you suspect someone has gained unauthorized access to your account, notify us immediately by clicking here to contact Customer Support. 

Auto-lock -You are responsible for maintaining the confidentiality of your email address and password and for restricting access to your remote wagering account, including utilizing device screen-locking features to protect from unauthorized use.

2-Factor Authentication– It is recommended you enable 2-Factor Authentication (“2FA”) as an added layer of security for your account. After logging in, from ‘My Account’ select the ‘Security Settings’ link, from which you’ll be able to switch on 2FA.

Forgotten password- There is a forgotten password link on the login prompt. By entering your email address, an email will be sent to your registered email address with steps to reset your password.

How to change your password– From ‘My Account’ click on your name to see further account details. In here you will see the option to click ‘Change Password’.

Account history –After logging in, from ‘My Account’, selecting ‘My Transactions’ will give a list of all wagers, deposits, and withdrawals on your account from the last 6 months. For information on wagers placed over 6 months ago, you may contact us at Caesars Web Formor at 1-855-474-0606.

Closing my account– To close your account, please contact us atCaesars Web Formor at 1-855-474-0606 at any time.

We are committed to ensuring the safety and security of Our Platforms and Our Services for all of Our customers. We have created this Third Party Content Policy to make You aware of the rules surrounding the uploading of Third Party Content (as that term is defined in Our Terms and Conditions of Use) to Our Platforms. Please note that this Third Party Content Policy will be agreed between You and Us and will form part of Your Agreements with Us. We may periodically make changes to this Third Party Content Policy and strongly recommend that You revisit this Third Party Content Policy regularly.

The terms of this Third Party Content Policy are as follows:

1. We do not claim any ownership rights in any Third Party Content (as that term is defined in Our Terms and Conditions of Use and including, without limitation, player images) posted by You on Our Platforms. You agree that You are solely responsible for any Third Party Content posted by You under Your Username.

2. You hereby grant to Us a non-exclusive, royalty-free, worldwide, perpetual license (including the right to sub-license) to use and to make such copies thereof as We deem necessary in order to facilitate the posting and storage of Your Third Party Content on Our Platforms or in connection with any promotions in all media now known or hereinafter developed (the "License"). You agree that this License includes the right for Us to make such Third Party Content available to other companies, organizations or individuals who partner with Us for the syndication, broadcast, distribution or publication of such Third Party Content on other media and services, subject to the Agreements. If you wish to keep any Third Party Content, information, ideas, concepts or inventions private or proprietary, do not post or submit them to the Platforms, Us or Our Group. You agree that in the event We receive any royalties, compensation or other payments associated with exercising the rights granted to Us under the License, You shall not claim any right to any portion of such royalties, compensation or other payments.

3. You warrant to Us that You have full power and authority to grant the license at 2) above and that the Third Party Content posted by You (a) does not infringe any third party's intellectual property rights, other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation;(c) is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) is not obscene or pornographic and does not contain child pornography;(e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; (f) does not constitute any of the types of prohibited Third Party Content as set out in Section 5 below and (g) does not contain any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4. You hereby agree to indemnify, defend and hold Us, Our Group, and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand arising out of Your posting any Third Party Content on any of Our Platforms.

5. You acknowledge that the following constitutes (but is not limited to) prohibited Third Party Content: Third Party Content which:

a. is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or exploits, harasses or advocates harassment of any person;

b. constitutes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

c. contains nudity, excessive violence, or offensive subject matter or links to any such content;

d. solicits personal information from anyone under twenty-one years of age;

e. contains information that poses or creates a privacy or security risk to any person;

f. contains an unauthorized copy of another person's copyrighted work; and

g. includes a photograph or video of another person that You have posted without that person's consent;

h. contains advertisements, promotions, commercial solicitations, contests or surveys (unless You have Our written consent to do so);

i. contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Platforms, the Services, the Software, or any other software, hardware or related equipment.;

j. disrupts or otherwise interferes with the Platforms, the Services, or the networks or servers used by the Company;

k. impersonates any person or entity or misrepresents Your connection or affiliation with a person or entity; or

l. constitutes illegal activity.

6. You acknowledge that all areas that permit you to post Third Party Content are public and not private communications; therefore, any information or content you post may be ready by others. We recommend that you avoid posting or otherwise disseminating any personally identifiable information.

7. We do not endorse or control the Third Party Content and, therefore, We specifically disclaim any liability with regard to Third Party Content and any actions resulting from your submission of Third Party Content to Our Platforms.

Effective Date: November 19, 2025

Unfair Advantage Policy

American Wagering, Inc.; William Hill Nevada I; William Hill Nevada II; Brandywine Bookmaking, LLC; WH NV III, LLC; William Hill New Jersey, Inc. (collectively referred to as “The Company” or “we,” “us,” or “our”) d/b/a William Hill and Caesars Sportsbook is committed to taking all reasonable measures, and to do so immediately to prevent anything that either diminishes the fun you have playing on the site, or that gives another player an unfair advantage over you.

To this end, we forbid all unfair practices. We do this to protect our customers and the integrity of our systems.

What are unfair practices?

Unfair practices are any practice (including but not limited to the use of BOTs, AI, multiple account use and/or practices conducted in collaboration with other players) carried out by one or more players, with one or more accounts.

1. Multiple Accounts:

One person having multiple accounts, whether in the player’s name or another name, for the sole purpose of playing both accounts at the same time, whether at the same or different tables. In any event, it is not permitted to have more than one account under our General Terms of Service.

2. Collusion:

Two or more players sharing and using their combined knowledge to gain an advantage over other players.

3. Extracting Player Profiles:

Certain companies offer programs specifically created to extract player profiles and then sell them in the form of enormous player databases with the promise that anyone who purchases these programs can use this information to their advantage against other players invisibly gathering information about you and then selling it to others to use when they play against you online.

4. The Use of "BOTS":

Certain companies offer "BOTS" (Internet programs) specifically created to place wagers in place of an actual (human) player, and conceal its use from the others, and avoid detection by the online gaming site. These programs are marketed by explicitly promising the prospective purchaser-user an unfair advantage over other online players not using that program.

How do you distinguish between Forbidden and Permitted categories of programs?

Advantage is not the issue; an unfair advantage is and we see that as deception. And so is invasion of privacy and data theft.

To begin with, our basis for distinction is not whether a particular program gives the user an advantage over non-using players, nor is it based on the particular content. To us, the key indicia that define the class of programs we seek to eliminate from use on the Site are: deception and breach of our customers' privacy.

Nevertheless, what our customers want will always remain the primary influence on what we do about this. So for instance, we have no doubt that anything that compromises the integrity of the wagering offered or that erodes our customers' confidence about whether they will be unfairly disadvantaged while wagering on our site, must be eliminated. And it's there that we direct our efforts. The bottom line is that we will do whatever it takes to ensure that our customers are not deceived and that their privacy is not violated.

Instead, what we're talking about here are programs which: (i) advertise as a key feature that the buyer/user will gain an unfair advantage (quite often they even use the word "cheat") over the other players (in other words, they promise to help a player to cheat); or (ii) their use by the buyer/user is intended to remain concealed from the other players and from the "operator"; or (iii) steal legally protected material (e.g., player identities) that violate applicable laws.

What counter-measures are we taking to prevent the use of BOTS?

Our efforts can be divided into three separate categories: (i) identification & detection; (ii) warning/suspending offending users; and (iii) additional measures through enlarged customer choice.

We have identification and detection counter-measures in-place so that we're able to more precisely detect existing BOTS, but more importantly so that as new BOTS are created/released, we can also prevent those from eroding the experience when on the website.

Once identified, a player using programs in this Forbidden Category will usually be notified. In that notice, we explain what we believe this player is doing and what steps we will take if s/he does not stop doing it immediately. In the most extreme cases we are prepared to suspend their Account and confiscate the funds in that Account without prior notice.

Do the efforts involve "data mining" or other intrusive means to access/read files on my computer as part of these efforts?