ACCOUNT TERMS & CONDITIONS

1. General

a) BetMakers MTS, LLC and Darby Development, LLC (collectively, “We”, “Us”, “Our” or “MonmouthBets“) are licensed by the New Jersey Division of Gaming Enforcement to, among other things, accept fixed odds wagers on racing via the internet.

b) All references to “You” and “Your” in these Account Terms & Conditions (Terms) are intended to be a reference to you, the patron.

c) You acknowledge and agree that by opening an account, You are contracting with Us.

d) These Terms apply to Your accessing and/or use of Our website/s and mobile application/s branded “MonmouthBets” (as may be amended from time to time) (the Services).

e) In establishing an account with Us, You agree that You have read, understood, and agree to be bound by:

• i. These Terms;
• ii. Our House Rules;
• iii. Our Privacy Policy;
• iv. the laws of the State of New Jersey and United States Federal laws as may be applicable from time to time.

f) For the purposes of these Terms, “Excluded Person” includes:

• i. Any person listed on the New Jersey Racing Commission’s exclusion list (as accessed from the NJRC directly);
• ii. Any minor;
• iii. Any employee, contractor, subcontractor, consultant of a Fixed odds wagering licenses or Fixed Odds Wagering Vendor if such person is directly involved in the operation or observation of fixed odds wagering or the processing of fixed odds wagering claims or payments.
• iv. Any principal, key employee, casino employee or such individual who is pending licensure for same, except as may be permitted by the New Jersey Division of Gaming Enforcement.
• v. Any individual placing a fixed odds wager as an agent or proxy.

2. Opening An Account.

a) In order to register an account with Us, (an Account) You hereby agree, represent, and warrant that:

• i. You are 18 of age or over, of sound mind and capacity to take responsibility for Your own actions and that You can enter into a legally binding contract with Us;
• ii. You have provided accurate Account information, including without limitation Your legal name, date of birth, the last four digits of Your social security number, email address, Your residential address and any other information that We may require to confirm Your age and identity (collectively known as, “Account Information”);
• iii. You acknowledge that the Account Information provided by You is necessary for Us to deliver Our Services, including to verify Your identity, to issue any correspondence or checks, to administer any withdrawals and to deliver any notices, including those related to dormant accounts.
• iv. You are not an Excluded Person;
• v. You will not allow any other person to access or use Your Account;
• vi. You may only use and control one Account on the Service.
• vii. You will not utilize any automatized computer software or other equivalent mechanism, such as a “bot” for the purposes of accessing Your Account or using our Services.
• viii. You consent to Us using third party services to validate and authenticate Your Account Information and location while using our Services. All information gathered and stored is kept confidential.
• ix. You will refrain from wagering on our Services unless You are physically present in the State of New Jersey (or other such State within the United States as may be approved from time to time).
• x. You consent to the monitoring and recording by Us and or the New Jersey Racing Commission of any wagering communications and geographic location information.
• xi. You agree to immediately notify Us of any change to Your Account Information.
• xii. You consent to the jurisdiction of the State of New Jersey to resolve any disputes relating to your Account and/or our Services.
• xiii. You acknowledge that We have a duty and right to report any fraudulent, unusual, or suspicious activity to any relevant authorities.
• xiv. You acknowledge that any false or misleading statement or information provided by You when establishing an Account or using Our Services may subject You to prosecution or law enforcement action by the New Jersey Racing Commission, the New Jersey Division of Gaming Enforcement or any other applicable government authority, and rejection or revocation of Your Account without notice.

b) We reserve the right to suspend, limit or terminate Your Account if We determine that You are in breach of these Terms (as amended from time to time).

3. Disputes

a) Our Support Team is available to address any concerns You may and can resolve most matters promptly. However, if You do wish to escalate any complaints, claims or disputes related to Our Services, You may do so via:

• i. Email – support@monmouthbets.com
• ii. Post: Monmouth Park Racetrack ATTN Monmouth Park – Compliance Department 175 Oceanport Ave Oceanport, New Jersey 07757

b) If You have filed a complaint directly with Us in accordance with the above methods and Your complaint remails unresolved after all reasonable means to resolve the complaint have been exhausted, You may file a complaint, along with a copy of the original complaint filed with Us, and all supporting responses, directly with the New Jersey Division of Gaming Enforcement using the Dispute Form available on their website – https://www.nj.gov/oag/ge/inquiriespatroncomplaints.html.

c) Any unsettled controversy, claim or dispute not resolved after attempts under the above methods have been exhausted shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

4. Fees & Charges

a) There are currently no account keeping or transaction fees associated with using the Services.

5. Account Statements

a) Account statements can be accessed in the Account Management > Account Transactions and are downloadable in a “.csv” format which is generally viewable in Excel. b) Account statements detail deposits, withdrawals, win and loss statistics, account balances, total bet amount, total winnings, total refunds, deposit limits, loss limits, spend limits, bet limits, time limits.

6. Tax Withholding and Reporting

a) We comply with all Federal Tax laws including those issued by the Internal revenue Service (IRS) regarding wagering. Any wager/s resulting in winnings of $600.00 and at least 300 times the original amount wagered will be reported to the IRS. Any wager/s resulting in winnings over $5,000.00 and at least 300 times the original amount wagered is subject to Federal and New Jersey tax withholding laws. b) We recommend You seek Your own independent taxation advice on Your own reporting obligations.

7. Privacy & Data Collection

a) Tracking

• i. You consent to the tracking of the location of Your device. To participate in Our Services on Your wireless device, you must have a wireless device that is compatible with Our Services. We do not represent or warrant that Our Services will be compatible with Your device. Please refer to the Geolocation Support FAQs for further information.
• ii. To access and utilize Our Services, You agree to enable Your wireless device to allow Us access to Your device’s location information from time to time, and You consent to us verifying Your location using location technologies such as GPS, Cell Data and IP information.
• iii. By creating an Account with Us and accepting these Terms, 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 Account so far as it relates to identifying the location of Your wireless device.
• iv. You acknowledge that disabling tracking of Your wireless device in relation to Our Services means that We are prohibited by law from delivering our mobile based Services to You.

b) Use & Disclosure

• i. You agree that 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 Our Services, include software updates, product support and other services to You from time to time, subject to the terms of Our Privacy Policy.
• ii. You authorize Us and any of Our third-party vendors (such as wireless carriers, technology developers, advertisers, distributors, content providers and/or other service providers) and any App Distributors (such as Apple®) to collect, use and disclose the location information and Personal Information (as defined in Our Privacy Policy) (including but not limited to Your name, email address, telephone number, Account number and device number) and other non-personal Information (as referenced in Our Privacy Policy) (including but not limited to anonymized transaction records or account preferences), subject to Our Privacy Policy.
• iii. By using Our Services, You consent to the collection, use, disclosure and transfer of Your Personal and any non-personal Information), along with other information, within the United States and/or to other countries for storage, processing and use by us, subject to the terms of Our Privacy Policy, which can be updated from time to time, and accessed via the Privacy Policy link on Our Services.

c) Third Parties

• i. You acknowledge and agree that Your wireless carrier, suppliers and any other suppliers to which you subscribe may also collect information and data about You.
• ii. The collection, use and disclosure of persona, non-personal and location information and data by Your wireless carrier, suppliers and other suppliers to which you subscribe is governed by their respective terms of use and privacy policies may differ from Our terms and Privacy Policy.

8. Underage Gambling

a) To open and operate an Account, You must be 18 years of age or over.

b) Underage gambling is a criminal offense and anyone who facilitates someone under the age of 18 to gamble has committed a criminal offense.

9. Dormant Accounts

a) An Account which has no log-ins for a consecutive period of one year shall be considered a ‘dormant account’.

b) At least 30 days but not more than 60 days before an account is deemed dormant, an email will be sent to the Account holder at the email address associated with the Account, informing that if the Account has no log-ins for a year, the Account will be deemed dormant and the funds therein will be forfeit.
c) Any balance within an Account once it becomes a dormant account will be remitted to the New Jersey Division of Gaming Enforcement for deposit in the State’s General Fund.

10. System Failure

a) In the event of a system failure an incident report will be generated along with the date and time of restoration. Your Account will be locked during a period of system failure and no bets will be accepted. Any bets already placed will be valid and settled on resumption of our Services. We and Our licensees accept no responsibility and will not be liable for any actual or potential loss resulting from delays or any interruptions to our Services due to failure, breakdown, malfunction, interruption or disconnection from the system.

11. Hacking or Breaches of the System or Accounts

a) In the event Our Services are hacked or breached, an incident report will be generated along with the date and time of restoration. Our Services will be suspended and you will be unable to access the site and Your Account until the Services are deemed safe to continue and resumed.

b) If you have any suspicion that Your Account is being accessed, breached or hacked by unauthorized persons, you should immediately contact customer support.

12. Responsible Gambling a) If You feel You need help managing Your gambling behavior and would like help in restricting your access to our Services, We have a suite of responsible gambling tools available for You.

i. Self-Exclusion:

1. Self-Exclusion from our Services can be temporary or permanent. If You would like to self-exclude, the option is available in the My Profile section of the website. Alternatively, please contact our Customer Support team by emailing support@monmoutbets.com.
2. You may also elect to place Your name on the New Jersey Racing Commission’s self-exclusion list which will exclude You from using Our Services as well as placing bets in person on-course or at an off-track facility. Please contact the New Jersey Racing Commission for further details.

ii. Pre-Commitment:

1. Setting: upon signing up we have a pre-commitment limit mechanism, allowing You to set Your daily maximum deposit amount Set Your Pre-Commitment Limit. To set Your pre-commitment limit, simply complete the following steps: Log into Your Account > click on the My Profile option which appears in the top right-hand side of the webpage > click on the “Responsible Gambling” option > click on “Deposit Limit” and then enter in the amount that You would like to set for Your deposit limit. We also offer limits for losses and times through the Responsible Gambling menu.
2. Change or Remove Pre-Commitment Limit: To change or remove your limits, simply complete the following steps: Log into Your account > Click on the My Profile option which appears in the top right-hand side of the webpage > The account setting page will appear, click on the “Responsible Gambling”, click “Set Limits” option, select the period of time (daily, weekly, fortnightly, monthly) then,:

a. Deposits

• i. to change a deposit limit, select the monetary value box then select “Update Limit”
• ii. to remove an existing limit, click “Remove Limit”
• iii. Please note that lowering the limit will apply immediately and raising the limit will take 7 days.

b. Loss Limits

• i. to change a loss limit, select the monetary value box then select “Update Limit”
• ii. to remove an existing limit, click “Remove Limit”
• iii. Please note that lowering the limit will apply immediately and raising the limit will take 7 days.

c. Time Limits

• i. to change a time limit, enter the time limit in hours then select “Update Limit”
• ii. to remove an existing limit, click “Remove Limit”.

13. Suspend Your Account

a) If You wish to suspend Your Account, We offer You the following options:

• i. Short – Term Break: ranging 1-30 days, or 1-6 weeks;
• ii. Long-Term Break: ranging from 6 months to 1 year

b) These options can be accessed when You log into Your Account > click on the My Profile option which appears in the top right-hand side of the webpage > click on “Responsible Gambling” option > and selecting “take a break”

c) If you feel You are losing control of your play and would like to self-exclude from betting with Us, You can choose to deactivate your account or permanently self-exclude:

• i. Deactivate your account – login to Your Account > click on the My Profile option which appears in the top right-hand side of the webpage > click on “Responsible Gambling” and select “Deactivate Account” and follow the prompts.
• ii. Self-Exclude (Permanent) login to Your Account > click on the My Profile option which appears in the top right-hand side of the webpage > click on “Responsible Gambling” and select “Deactivate Account” then select “Self Exclude (Permanent) and follow the prompts.

d) Alternatively, please contact Customer Support for assistance at support@monmouthbets.com

14. Indemnification

By opening an Account, You agree to indemnify and hold harmless Us and Our parent companies and affiliates, its officers, directors employees and agents, and its third party contractors and vendors from any and all claims, damages, losses, liabilities and costs arising from Your breach of these Terms.