TERMS OF USE AND CONDITIONS OF PURCHASE
Revised: August 29, 2024

Welcome to Monkey King Bets and our Terms of Use and Conditions of Purchase (these “Terms”).

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SERVICES (DEFINED BELOW) OR PLACING AN ORDER.

Note that Section 15 of these Terms contains a mandatory arbitration provision that requires Monkey King Bets and you to use binding arbitration on an individual basis and limits the remedies available to Monkey King Bets and you in the event of certain disputes. By agreeing to these Terms, Monkey King Bets and you are giving up our rights to bring our disputes before a jury or as a member of a class action.

By accessing or using the services provided by Monkey King Bets or our subsidiaries or other affiliates (collectively, “Monkey King Bets,” “we,” “us” or “our”) through our websites, blogs and/or mobile applications (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Terms and all of the Terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

Monkey King Bets reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or Order. If you do not agree to the revised Terms, you are free to reject them and will not be able to access or use the Services.

1. Privacy Policy.

Please refer to our Privacy Policy, available at [link] (“Privacy Policy”) for information about how we collect, use, and disclose information about you. If you are a California Resident, please see additional privacy disclosures at [link].

2. Eligibility.

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Monkey King Bets account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Registration, Account, and Communication Preferences.

In order to access and use certain areas of the Services, you will need to register for a Monkey King Bets account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

By creating a Monkey King Bets account, you also consent to receive electronic communications from Monkey King Bets (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4. Terms of Sale.

A. Products.

We make certain digital services and related products available for purchase through the Services (collectively, the “Product(s)”). Monkey King Bets may have the ability to offer individual Products for purchase by consumers.

B. Subscriptions.

PLANS. Monkey King Bets offers various subscription plans for the recurring delivery of our Products (each purchase of any such plan, a “Subscription”) and may offer recurring or one-time Products for sale. Our Product offerings and available Subscription plans are described on our website and mobile application, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.

AUTOMATIC RENEWAL OF SUBSCRIPTION. WHEN YOU PURCHASE A MONTHLY SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) MONKEY KING BETS (OR OUR THIRD-PARTY PAYMENT PROCESSOR(S)) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. THE MONTHLY RECURRING CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS ("PAYMENT"). THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME IN ACCORDANCE WITH THESE TERMS.

SUBSTITUTIONS. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at support@monkeykingbets.com or (857) 210-1134.

CANCELLATION POLICY. YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION AT ANY TIME PRIOR TO THE NEXT DATE OF BILLING ("BILL DATE") BY ACCESSING YOUR ACCOUNT OR BY EMAILING support@monkeykingbets.com OR CALLING (857) 210-1134. THE CANCELLATION REQUEST WILL BE PROCESSED FOR THE NEXT SCHEDULED BILL DATE. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

C. Gifts.

You may have the ability to purchase: (i) non-subscription services, (ii) gift cards, and (iii) recurring monthly Subscriptions for other people through the Services (collectively, “Gifts”). Gifts are not refundable or redeemable for cash unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO-RENEWAL TERMS AND THE CANCELLATION POLICY IN 4(B).

D. Payment and Billing Information.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor(s)) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor(s) cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible for paying all applicable charges for all Orders and Gifts. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Monkey King Bets account, you can do so at any time by logging into your account and editing your payment information, or by calling (857) 210-1134.

Note: Monkey King Bets uses the Squarespace platform and uses Stripe to process payments. You may see “Squarespace” or “Stripe” on your payment card statement.

E. Pricing and Availability.

All prices shown via the Services are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in Section 3. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective.

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

5. License to Access and Use Our Sites and Content.

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Monkey King Bets logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Monkey King Bets or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, or (e) use the Sites or Content other than for their intended purposes.

6. Responsible Gambling.

Monkey King Bets is committed to promoting responsible gambling. Our services are intended for individuals who are 18 years of age or older and who wish to use our research and analysis services to enhance their understanding of sports betting. We do not facilitate or provide any betting services, and we do not accept any bets or wagers.

We are a research and information service, not a betting service. The information and content provided through our Services are intended solely for educational and informational purposes. Any decisions you make based on the information provided by Monkey King Bets are your own responsibility. If you choose to engage in sports betting, please do so responsibly and ensure that it is legal in your jurisdiction.

If you or someone you know has a gambling problem, we encourage you to seek help. The National Council on Problem Gambling provides a confidential helpline available 24/7 at 1-800-522-4700, or visit their website at www.ncpgambling.org.

7. Prohibited Conduct

When using the Services, you agree not to:

1. Engage in Illegal Activities: Use the Services for any unlawful purpose or in violation of any local, state, national, or international law or regulation.

2. Fraudulent Activity: Provide false, misleading, or inaccurate information or engage in any activity intended to defraud Monkey King Bets, other users, or any third party.

3. Abuse or Harassment: Engage in any abusive, threatening, discriminatory, or harassing behavior towards others, including Monkey King Bets employees or other users.

4. Infringe on Intellectual Property: Use the Services to infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any person or entity.

5. Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services, other users' accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.

6. Disruptive Behavior: Engage in any activity that disrupts or interferes with the operation of the Services, servers, or networks connected to the Services, including distributing viruses, malware, or any other harmful code.

7. Impersonation: Impersonate any person or entity, including, but not limited to, a representative of Monkey King Bets, or falsely state or otherwise misrepresent your affiliation with any person or entity.

8. Automated Access: Use any automated system, including "robots," "spiders," or "offline readers," to access the Services in a manner that sends more request messages to the Monkey King Bets servers than a human can reasonably produce in the same period by using a conventional online web browser.

9. Reverse Engineering: Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law.

10. Resale or Redistribution: Resell or redistribute the Services, or any part thereof, for any commercial purposes without the prior written consent of Monkey King Bets.

11. Gambling: Use the Services to promote, facilitate, or engage in any gambling activities that violate applicable law or that are not authorized by Monkey King Bets.

12. Data Mining: Engage in data mining, scraping, or any other method of collecting information about users or the Services without Monkey King Bets’ consent.

By using the Services, you agree to comply with these restrictions and understand that violations may result in the termination of your access to the Services and potential legal action.

8. Disclaimers.

A. General Disclaimer. The Services and Content are provided “as is,” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Monkey King Bets does not represent or warrant that (a) the Services or Content will meet your requirements or expectations, (b) the Services or Content will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services or Content will be accurate or reliable, or (d) the quality of any Products, Services, Content, or other information obtained through the Services will meet your expectations.

B. No Financial Advice. The Content provided through the Services is for informational purposes only and does not constitute financial, investment, legal, or other professional advice. You should not rely on any Content provided by Monkey King Bets as a substitute for professional advice tailored to your specific situation. You acknowledge that any reliance on the Content is at your own risk.

9. Limitation of Liability.

To the fullest extent permitted by applicable law, Monkey King Bets, its affiliates, directors, officers, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (e) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services; and/or (f) the defamatory, offensive, or illegal conduct of any third party. In no event will Monkey King Bets’ aggregate liability for all claims relating to the Services exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid Monkey King Bets, if any, in the past twelve months for the Services giving rise to the claim.

10. Indemnification.

You agree to defend, indemnify, and hold harmless Monkey King Bets, its affiliates, and their respective directors, officers, employees, agents, licensors, and service providers from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your violation of these Terms, your use or misuse of the Services, or your violation of any rights of another.

11. Governing Law and Arbitration.

A. Governing Law. These Terms and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions.

B. Arbitration Agreement. Please read the following arbitration agreement carefully. It requires you to arbitrate disputes with Monkey King Bets and limits the manner in which you can seek relief from us.

Arbitration Agreement. You and Monkey King Bets agree to resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Monkey King Bets each waive any right to a jury trial or to participate in a class action.

12. Termination.

Monkey King Bets reserves the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to, and use of, the Services if you violate any of these Terms or our Privacy Policy. Upon termination, these Terms will continue to apply to the extent necessary to enforce any rights and obligations that arose prior to the termination.

13. Miscellaneous.

A. Entire Agreement. These Terms constitute the entire agreement between you and Monkey King Bets regarding the Services and supersede any prior agreements or understandings between you and Monkey King Bets relating to the Services.

B. Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

C. Waiver. No waiver of any provision of these Terms by Monkey King Bets will be deemed a further or continuing waiver of such provision or any other provision, and any failure by Monkey King Bets to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

D. Assignment. You may not assign these Terms or any of your rights or obligations under these Terms without the prior written consent of Monkey King Bets. Monkey King Bets may freely assign these Terms, including any rights and obligations under these Terms, without your consent.

E. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

14. Hyperlinks.

Monkey King Bets may provide links to third-party websites or resources that are not under our control. These links are provided for your convenience and do not signify our endorsement of such websites or their contents. We are not responsible for the availability, accuracy, or reliability of any external websites or resources linked through the Services. You acknowledge and agree that Monkey King Bets is not liable for any loss or damage which may be incurred by you as a result of your use of such external websites or resources.