PlayBetter Terms of Service

Updated September 17 2026

These Terms of Service govern your access to and use of PlayBetter.com, related PlayBetter websites and digital services, and any order you place with PlayBetter. They are a binding agreement between you and Spiro Ventures LLC, doing business as PlayBetter (collectively, “PlayBetter,” “we,” “us,” or “our”).

By accessing or using the Site, creating an account, submitting an order, or using any Service, you agree to these Terms and the policies incorporated into them. If you do not agree, do not use the Site or Services. If you act for a company or other organization, you represent that you have authority to bind it, and “you” includes that organization.

IMPORTANT NOTICE ABOUT DISPUTES. SECTION 24 REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION, NOT IN COURT, AND INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS EXPLAINED IN SECTION 24.

1 Scope and Incorporated Policies

These Terms apply to the website located at www.playbetter.com and any other website, page, application, customer-support channel, recommendation tool, or online service that links to these Terms (collectively, the “Site” or “Services”). “Products” means physical goods, bundles, digital items, license codes, subscriptions, installation services, and other items offered through the Services.

The following policies are incorporated into these Terms by reference:

•  Privacy Notice: PlayBetter Privacy Notice. The Privacy Notice exclusively governs how PlayBetter collects, uses, discloses, and otherwise processes personal information.

•  Return Policy: PlayBetter Return Policy.

•  Shipping Policy: PlayBetter Shipping Policy.

•  Any product-specific terms displayed on the applicable product page when you place an order, including return eligibility, shipping method, lead time, warranty, subscription, condition, or final-sale terms.

•  Any promotion-specific rules, service agreement, installation agreement, or other written terms that expressly apply to a transaction or program.

If these documents conflict, the more specific term controls for the subject it addresses. A signed agreement or order-specific written term controls over a general website term. The Privacy Notice controls for personal-information practices. Product-specific terms shown at the time of purchase control for that Product. Nothing in these Terms reduces any nonwaivable right provided by applicable law.

2 Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding contract to place an order or create an account. A minor may use the Site only under the supervision of a parent or legal guardian who accepts these Terms and is responsible for the minor’s activity. We may refuse service where permitted by law.

3 Accounts and Account Security

You must provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding your credentials and for activity conducted through your account, except to the extent unauthorized activity results from PlayBetter’s breach of law or failure to use legally required safeguards. Notify us promptly if you suspect unauthorized access. You may not sell, transfer, or share an account in a manner that creates security, fraud, or compliance risk.

4 Product Information and Compatibility

We try to describe Products accurately, but specifications, dimensions, colors, packaging, included components, model-year details, images, availability, and compatibility information may contain errors or change because of manufacturer updates. Images may not show exact scale or color. A manufacturer may make nonmaterial production changes without changing the Product name.

Before purchasing, you are responsible for confirming that a Product fits your intended space, equipment, operating system, network, electrical service, mounting surface, climate, and other requirements. This is especially important for golf simulator enclosures, impact screens, mats, projectors, ceiling-mounted devices, launch monitors, gaming computers, and bundled studio packages. Product manuals and manufacturer specifications control over general editorial content on the Site.

5 Recommendations Calculators and Artificial Intelligence

The Site may provide buying guides, room-planning information, comparison content, calculators, quizzes, chat features, artificial-intelligence tools, or recommendations. These resources are general informational aids. They are not architectural, engineering, electrical, construction, safety, legal, or other professional advice and are not a guarantee of fit, compatibility, performance, or outcome. Automated outputs may be incomplete or inaccurate. You must independently verify measurements, clearances, specifications, and safety requirements before purchasing, installing, or using a Product.

6 Orders and Contract Formation

a  Order submission. Your order is an offer to purchase the Products listed in the order. An automated order confirmation acknowledges receipt but does not necessarily mean we have accepted the order.

b  Acceptance. Unless we expressly state otherwise in writing, we accept an order when we ship the Product, activate or deliver a digital item, begin a custom service, or send a separate acceptance notice. Different items in one order may be accepted and shipped separately.

c  Order review. We may verify identity, payment, shipping information, intended use, purchase limits, or other information reasonably necessary to prevent fraud, comply with law, protect customers, or fulfill the order.

d  Cancellation or limitation. Before acceptance, we may reject, limit, or cancel an order because of inventory shortages, pricing or description errors, payment problems, suspected fraud, suspected unauthorized resale, legal restrictions, carrier limitations, or other legitimate business reasons. If we cancel after collecting payment, we will refund the canceled amount to the original payment method unless law requires otherwise.

e  Customer changes. Requests to cancel or modify an order are not effective until we confirm them. We may be unable to change an order after processing begins. Custom, configured, activated, or special-order Products may be noncancelable when disclosed before purchase.

7 Prices Payment and Taxes

Prices are stated in U.S. dollars unless shown otherwise. Prices, promotions, and availability may change prospectively without notice. You authorize us and our payment providers to charge your selected payment method for the order total, including applicable shipping, taxes, duties, fees, and later adjustments you authorize. We may place an authorization hold before acceptance.

We may correct a pricing, discount, description, or calculation error before accepting an order. If an obvious error is discovered after acceptance, we may contact you to obtain agreement to the corrected terms or cancel and refund the affected item to the extent permitted by law. We do not have to honor a price that a reasonable customer would recognize as an obvious mistake.

You are responsible for sales, use, excise, customs, and similar taxes or charges not collected by us, except taxes imposed on PlayBetter’s income. Third-party payment wallets, installment plans, credit providers, and financing services are governed by their own terms. Unless expressly stated, PlayBetter is not the lender and does not control a third party’s approval, interest, fees, or servicing decisions.

8 Promotions Discounts and Gift Cards

Promotional codes and discounts are subject to the terms stated with the offer. Unless an offer states otherwise, they are limited to one use per customer and order, have no cash value, cannot be combined, and cannot be applied after an order is placed. We may reject or cancel use involving fraud, automation, code harvesting, unauthorized sale or distribution, circumvention of purchase limits, or a clear technical or pricing error. This does not limit a customer’s right to use a valid promotion as advertised.

Gift cards and store credits are subject to any additional terms provided when issued and to applicable law. They may not be used for unlawful activity, resold without authorization, or redeemed for cash except where required by law.

9 Shipping Delivery and Risk of Loss

The Shipping Policy and product-specific shipping information in effect when you place your order are part of these Terms. Shipping and delivery dates are estimates unless expressly identified as guaranteed. We remain responsible for meeting legally required shipping obligations, including obtaining consent to a delay or issuing a refund when required by law. Carrier delays, weather, labor disruptions, customs, incorrect addresses, restricted access, and other events outside our reasonable control may affect delivery after shipment.

You must provide a complete deliverable address and any information reasonably required for delivery. We may require a signature, divide an order into multiple shipments, or use different carriers. Risk of loss passes to you upon delivery to the address you provided, except where applicable law requires otherwise. Title passes when the applicable Product is fully paid and delivered, unless law provides otherwise.

Inspect shipments promptly. Report missing items or visible transit damage within two business days after delivery so that we can preserve carrier claims and investigate. A failure to report promptly may affect our practical ability to obtain carrier relief, but it does not eliminate any nonwaivable right or valid manufacturer-warranty claim. Keep all packaging and follow our instructions before returning a damaged shipment.

For international shipments, you are responsible for import eligibility, customs duties, taxes, brokerage, and international return shipping unless we expressly agree otherwise or applicable law requires otherwise. Taking a Product purchased in the United States to another country does not create an obligation for PlayBetter to provide international return shipping or international warranty service.

10 Preorders Backorders and Product Delays

A preorder or backorder reserves an opportunity to receive a Product but does not guarantee a release date, allocation, delivery date, feature set, or manufacturer production schedule. Any estimate is based on information reasonably available when provided and may change. We may authorize or collect payment at the time disclosed during checkout or on the product page. If a delay requires your consent or a refund under applicable law, we will provide the required notice and options. Product-specific cancellation terms disclosed before purchase apply.

Deposit Preorders. When a Product is offered for preorder with a deposit, the amount charged at checkout is a deposit toward the purchase price shown when the preorder is placed and is not payment in full. Unless otherwise clearly disclosed before purchase, the deposit is fully refundable if the customer cancels before the remaining balance is charged.

A deposit reserves the customer’s position in the preorder queue but does not guarantee a particular production run, inventory allocation, release date, shipment date, delivery date, feature set, or manufacturer production schedule. Deposit preorders are generally fulfilled in the order received, subject to successful payment, identity and fraud verification, shipping eligibility, geographic restrictions, customer response deadlines, manufacturer allocation, and other legitimate fulfillment requirements.

Before the remaining balance becomes due, PlayBetter will send notice using the contact information associated with the order. If the customer expressly authorized PlayBetter at checkout to charge the payment method used for the deposit, PlayBetter may charge the remaining balance after any advance notice period disclosed at checkout. Otherwise, PlayBetter will provide instructions for completing payment. Full payment is required before shipment.

If the remaining balance cannot be collected or is not paid within the deadline stated in our notice, PlayBetter may cancel the preorder, release the reservation, and refund the deposit. If PlayBetter cannot fulfill the preorder, cancels the Product, or requests the customer’s agreement to a material change in price, features, or estimated availability, the customer may reject the change and receive a full refund of amounts paid.

After the remaining balance is charged, cancellation, shipping, returns, and refunds are governed by these Terms, the Return Policy, and applicable product-specific terms. Nothing in this section limits any right to a delay notice, cancellation, or refund required by applicable law.

11 Returns Exchanges and Refunds

Returns, exchanges, refund timing, return-shipping responsibility, restocking fees, condition standards, and exclusions are governed by the Return Policy and the product-specific terms displayed when you place the order. Some Products have 30-day return periods and others have 60-day periods. A return is free only when the applicable product page expressly states “Free 30-Day Returns” or “Free 60-Day Returns.”

Large or specialized Products, including certain simulator packages, enclosures, nets, mats, carts, custom configurations, and similar items, may require customer-paid return shipping and may be subject to restocking fees as disclosed in the Return Policy or on the product page. Activated software, subscriptions, licenses, and digital benefits may be nonrefundable. Items must be returned through the authorized process and to the instructed location, not directly to a manufacturer unless we direct you to do so.

Returned bundles must include all components, accessories, documentation, packaging, and promotional items required by the Return Policy. If you keep part of a bundle or a free item, we may deduct its disclosed or reasonable retail value from the refund. Refunds are generally issued to the original payment method after receipt and inspection. Original shipping and handling charges are nonrefundable except where our policy or applicable law provides otherwise.

We may refuse a return or apply the disclosed restocking fee when an item is late, incomplete, altered, damaged, excessively worn, missing identifying labels, or returned outside the authorized process. We may also restrict future purchases or returns in response to documented fraud or repeated policy abuse. We will not apply these provisions to deny rights that cannot lawfully be waived.

12 Installation Space Planning and Safe Use

Unless an order expressly states that PlayBetter is providing installation under a written scope of work, installation is not included. A third-party installer, contractor, electrician, or referral service is independent unless the applicable agreement expressly says otherwise. Separate installation or professional-services terms control those services.

You are responsible for accurate room dimensions, ceiling height, swing clearance, structural support, flooring, ventilation, electrical capacity, networking, device compatibility, permits, and compliance with building rules. Use qualified professionals for work involving electricity, structures, ceilings, projectors, retractable systems, or other hazards. Install, maintain, and use Products only as instructed by the manufacturer and do not use damaged equipment. PlayBetter is not responsible for loss caused by inaccurate customer measurements, undisclosed site conditions, unauthorized modifications, or installation contrary to instructions, except to the extent caused by PlayBetter’s own breach or negligence and not lawfully excludable.

13 Software Subscriptions and Third Party Services

Some Products require or work with manufacturer software, memberships, apps, accounts, license keys, courses, internet access, computing hardware, or recurring subscriptions. Unless PlayBetter expressly states otherwise, those offerings are provided by third parties and governed by their terms and privacy notices. The provider may control compatibility, content, pricing, renewal, availability, account eligibility, and technical support.

You are responsible for reviewing required and optional third-party fees before activation. Activation may make software, a subscription, or a bundled digital benefit nonrefundable as stated in the Return Policy. PlayBetter does not guarantee that a third-party service will remain available, compatible, or unchanged. If PlayBetter directly sells a recurring subscription, any separate subscription and cancellation terms shown at enrollment also apply.

14 Warranties Product Condition and Support

New Products may be covered by a manufacturer warranty. Certified pre-owned, refurbished, open-box, clearance, or used Products may have different condition standards and warranty coverage, as stated on the product page or in accompanying materials. Unless PlayBetter provides a separate written warranty identifying PlayBetter as the warrantor, the manufacturer or other identified provider is responsible for the warranty. We may assist with a claim as a customer service but do not expand the warrantor’s obligations.

Any express written warranty or written service commitment from PlayBetter applies according to its terms. Nothing in these Terms disclaims or limits an express warranty that cannot lawfully be limited, an implied warranty that cannot lawfully be disclaimed, or any remedy available under applicable consumer-protection law.

15 Ownership and Limited License

The Site and its text, graphics, photographs, videos, interfaces, software, compilations, trademarks, logos, product-selection tools, and other content are owned by PlayBetter or its licensors and are protected by intellectual-property laws. Subject to these Terms, PlayBetter grants you a limited, personal, revocable, nonexclusive, nontransferable license to access and use the Site for lawful shopping, product research, account management, and customer support.

You may not reproduce, distribute, publicly display, sell, license, modify, create derivative works from, reverse engineer, frame, mirror, remove rights notices from, or commercially exploit Site content without prior written permission, except as permitted by law. Product and company names owned by third parties remain their property. No license to any trademark is granted by implication.

16 Reviews Photos and Other User Content

If you submit a review, comment, photograph, video, question, testimonial, idea, feedback, or other content (“User Content”), you represent that you have the rights needed to submit it and that it is truthful, based on genuine experience where applicable, and does not violate law or another person’s rights. You may not submit confidential information, malicious code, undisclosed paid endorsements, fake reviews, or content that is defamatory, threatening, obscene, deceptive, or unlawfully discriminatory.

You retain ownership of your User Content. You grant PlayBetter a worldwide, nonexclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, format, adapt for size or technical requirements, publish, display, distribute, and use the User Content in connection with PlayBetter’s business, marketing, and Services. This license continues for content already used or incorporated into materials, subject to applicable law. We will not materially misrepresent the substance of a review.

We may moderate or remove User Content that violates these Terms, but we are not obligated to monitor all content. Nothing in these Terms prohibits an honest consumer review, a legally protected assessment of goods or services, a report to a government agency, or another communication protected by the Consumer Review Fairness Act or other applicable law.

17 Acceptable Use

You may not use the Site or Services to:

•  Violate law, infringe rights, commit fraud, impersonate another person, or submit false account, payment, return, or order information.

•  Probe, scan, disrupt, overload, damage, bypass, or gain unauthorized access to the Site, accounts, systems, security controls, rate limits, or checkout restrictions.

•  Introduce malware, harvest credentials or personal information, interfere with another user, or use the Services to send unlawful or unsolicited communications.

•  Use bots, scripts, scraping tools, browser extensions, or other automation to extract content, collect prices or promotional codes, reserve inventory, place orders, evade purchase limits, or train an artificial-intelligence or machine-learning system without our written permission.

•  Resell Site data or content, create a competing database, or falsely imply sponsorship, endorsement, or affiliation.

General-purpose search engines may index publicly available pages through ordinary crawling that respects our robots instructions and does not impair the Site. PlayBetter may investigate suspected violations and may suspend access, cancel affected orders, preserve evidence, or cooperate with lawful requests.

18 Privacy Cookies and Personal Information

The PlayBetter Privacy Notice describes how we collect, use, disclose, retain, and protect personal information and explains available privacy choices and rights. The Privacy Notice may be updated according to its own terms. It is the sole PlayBetter privacy notice for the Services unless a supplemental notice expressly applies.

Privacy requests may be submitted through the PlayBetter Privacy Request portal. Cookie choices may be managed through the Cookie Preferences control on the Site where available. Nothing in these Terms expands our right to process personal information, limits a privacy right provided by law, or overrides the Privacy Notice. If a privacy provision in these Terms conflicts with the Privacy Notice, the Privacy Notice controls.

19 Electronic Communications

You consent to receive order confirmations, receipts, policy notices, account communications, and other transaction-related records electronically, including by email or through the Site. You may retain these records electronically or print them. Marketing email and text messages are sent only as permitted by law and according to the choices described in the Privacy Notice. Mobile messages are also governed by Appendix A. Consent to marketing messages is not a condition of purchase.

20 Third Party Sites Platforms and Providers

The Services may link to or interoperate with manufacturers, payment providers, financing providers, shipping carriers, social networks, installers, software platforms, review services, and other third parties. Their services are governed by their own terms and privacy notices. A link or integration does not make PlayBetter responsible for third-party content, security, availability, conduct, or contractual performance. This provision does not limit responsibility that applicable law places on PlayBetter for its own conduct or for a provider legally acting as its agent.

21 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR AN EXPRESS WRITTEN WARRANTY OR COMMITMENT PROVIDED BY PLAYBETTER, THE SITE, SERVICES, CONTENT, RECOMMENDATION TOOLS, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PLAYBETTER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT OR AUTOMATED OUTPUTS WILL BE COMPLETE OR ACCURATE.

SOME STATES DO NOT ALLOW SOME WARRANTY DISCLAIMERS OR LIMITATIONS. IN THOSE STATES, THIS SECTION APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED. IT DOES NOT DISCLAIM A MANUFACTURER WARRANTY, A PLAYBETTER EXPRESS WRITTEN WARRANTY, OR A RIGHT THAT CANNOT LAWFULLY BE WAIVED.

22 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PLAYBETTER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL; OR THE COST OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE SITE, SERVICES, PRODUCTS, OR THESE TERMS, EVEN IF ADVISED THAT SUCH LOSS IS POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, PLAYBETTER’S AGGREGATE LIABILITY FOR A CLAIM RELATED TO A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT YOU PAID PLAYBETTER FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM. FOR A CLAIM ARISING SOLELY FROM USE OF THE SITE OR FREE SERVICES, PLAYBETTER’S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID PLAYBETTER FOR THE RELEVANT SERVICE DURING THE SIX MONTHS BEFORE THE EVENT OR $100.

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE APPLICABLE LAW PROHIBITS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THIS SECTION MAY NOT APPLY TO YOU.

23 Indemnification and Events Beyond Control

To the extent permitted by law, you will defend, indemnify, and hold harmless PlayBetter and its affiliates, officers, directors, employees, and agents from third-party claims, damages, judgments, liabilities, costs, and reasonable attorneys’ fees arising from your unlawful use of the Services, your User Content, your material breach of these Terms, or your infringement of another person’s rights. This obligation does not apply to the extent a claim results from PlayBetter’s negligence, willful misconduct, or breach of law. PlayBetter may control the defense of a covered claim, and you will reasonably cooperate.

PlayBetter is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, epidemic, war, terrorism, civil unrest, labor disruption, transportation or carrier failure, utility or network outage, cyberattack by a third party, government action, embargo, supplier or manufacturer delay, or shortage. This provision does not excuse a refund, cancellation option, or other obligation required by law.

24 Dispute Resolution Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT, HAVE A JURY DECIDE A DISPUTE, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

a  Covered disputes. Except for the exclusions below, you and PlayBetter agree that any dispute or claim arising out of or relating to the Site, Services, Products, an order, marketing communications, privacy or data practices, these Terms, or any relationship between you and PlayBetter will be resolved by final and binding individual arbitration. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and claims arising before or after these Terms became effective.

b  Informal resolution first. Before starting arbitration, the claimant must send a signed written Notice of Dispute. Notice to PlayBetter must be sent by certified U.S. mail to PlayBetter, Attn Legal, 6955 Golden Ring Road, Baltimore, Maryland 21237, and emailed to help@playbetter.com with the subject “Notice of Dispute.” The notice must provide the claimant’s name, contact information, relevant account or order number, a detailed description of the facts and legal basis, and the specific relief requested. PlayBetter will send notice to the contact information associated with your account or order. The parties will attempt in good faith to resolve the dispute for 60 days after a complete notice is received. Any limitations period will be tolled during that 60-day period. A party may begin arbitration after the period ends if no resolution is reached.

c  Arbitration rules and administrator. The Federal Arbitration Act governs this arbitration agreement. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures in effect when the claim is filed, as modified by this Section. The rules are available at www.adr.org. If 25 or more similar demands are filed against the same party or related parties and are coordinated by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules and applicable fee schedule will apply.

d  Authority and procedure. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or scope of this arbitration agreement, except that a court will decide disputes about whether an agreement to arbitrate was formed and any dispute about the enforceability of the class action waiver. The arbitrator may award the same individual relief a court could award and must issue a reasoned written decision. The arbitrator may consider dispositive motions and impose sanctions as allowed by the applicable rules and law.

e  Location and format. A consumer may choose a documents-only, telephone, video, or in-person hearing to the extent allowed by the AAA rules. Any in-person hearing will occur in the county where the consumer resides or at another mutually agreed location. A business purchaser’s hearing will occur in Baltimore County, Maryland, unless the arbitrator or parties select another appropriate location.

f  Fees. Filing, administration, and arbitrator fees will be allocated under the AAA Consumer Rules and applicable law. PlayBetter will pay fees it is required to pay for the agreement to be enforceable. Each party will bear its own attorneys’ fees and costs unless a statute, rule, or award permits recovery. If PlayBetter fails to pay fees it is required to pay and does not cure after notice, you may pursue remedies available under the AAA rules and applicable law.

g  Individual proceedings only. You and PlayBetter agree that each may bring claims only in an individual capacity. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. Neither party may arbitrate as a plaintiff or class member in a class, consolidated, collective, or representative proceeding, except for coordinated administration under the AAA Mass Arbitration Supplementary Rules. If applicable law prevents arbitration of a claim for public injunctive relief, that claim will be severed and may proceed in court after the individual arbitration is completed; all arbitrable issues will remain in arbitration.

h  Excluded matters. Either party may bring an individual claim in small claims court if it qualifies and remains there. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, account security, or systems while arbitration is pending. You may also report concerns to a government agency, and an agency may pursue relief within its authority.

i  Thirty day opt out. You may opt out of this arbitration agreement by sending a signed notice within 30 days after the date you first accept these Terms. Email the notice to help@playbetter.com with the subject “Arbitration Opt-Out,” or mail it to PlayBetter, Attn Legal, 6955 Golden Ring Road, Baltimore, Maryland 21237. Include your full name, mailing address, email address used with PlayBetter, and a clear statement that you opt out of arbitration. Opting out will not affect the other Terms or your ability to use the Services.

j  Changes to arbitration terms. A material change to this Section will not apply to a claim of which PlayBetter had actual notice before the change. If we make a material future change, you may reject that change by following the opt-out method above within 30 days after the change is posted or notice is provided. Your prior arbitration agreement will continue to govern.

k  Severability. If any part of this Section is unenforceable, it will be severed and the remainder will be enforced, except that if the class action waiver is held unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court and the remaining individual claims will be arbitrated. If AAA is unavailable for a reason unrelated to PlayBetter’s noncompliance, the parties will select a substitute administrator or a court will appoint one under 9 U.S.C. § 5.

25 Governing Law and Courts

These Terms and any dispute not subject to arbitration are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Maryland, without regard to conflict-of-laws rules. Mandatory consumer-protection rights in your state of residence remain available when they cannot lawfully be waived. Any court proceeding permitted under these Terms must be brought exclusively in a state court located in Baltimore County, Maryland, or the United States District Court for the District of Maryland, and each party consents to personal jurisdiction and venue there, except that an individual small claims action may be brought where allowed by Section 24.

26 Changes to These Terms

We may update these Terms prospectively. The updated version will state its effective date and be posted on the Site. We will provide additional notice of a material change when required by law. The Terms in effect when an order is placed govern that order unless you and PlayBetter agree otherwise. A change will not retroactively reduce an accrued right or alter the dispute terms governing a claim of which PlayBetter had actual notice before the change. Continued use of the Services after an updated version becomes effective constitutes acceptance to the extent permitted by law.

27 Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate access, restrict an account, or cancel an unaccepted order if we reasonably believe you violated these Terms, created fraud or security risk, abused a return or promotion, infringed rights, or exposed PlayBetter or another person to legal liability. Where practicable and appropriate, we may provide notice and an opportunity to correct the issue. Termination does not affect accepted orders, payment obligations, accrued rights, or provisions that by their nature should survive.

28 General Terms

a  Entire agreement. These Terms and the incorporated policies are the entire agreement about their subject matter, except for a separate signed agreement or order-specific written term.

b  Assignment. You may not assign these Terms without our written consent. PlayBetter may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, subject to the Privacy Notice and applicable law.

c  No waiver. A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

d  Severability. Except as specifically provided in Section 24, an unenforceable provision will be modified to the minimum extent necessary or severed, and the remainder will remain effective.

e  No third party beneficiaries. These Terms do not create rights for any third party, except for entities expressly protected by the warranty, liability, or indemnification provisions.

f  Headings and interpretation. Headings are for convenience. “Including” means “including without limitation.” An electronic record or signature satisfies a writing or signature requirement to the extent permitted by law.

g  Survival. Provisions concerning payment, ownership, User Content licenses, warranties, liability, indemnification, disputes, and other provisions that by their nature should continue will survive termination.

29 Contact Information

Spiro Ventures LLC doing business as PlayBetter

6955 Golden Ring Road

Baltimore Maryland 21237

Phone 888 738 5527

Email help@playbetter.com

Appendix A Mobile Messaging Terms

These Mobile Messaging Terms apply when you enroll in a PlayBetter text-message program. They supplement the Terms of Service. If they conflict with the general Terms on a matter specific to mobile messaging, these Mobile Messaging Terms control.

a  Program and consent. By enrolling, you expressly consent to receive recurring automated promotional and personalized marketing text messages, which may include cart reminders, at the mobile number you provide. Messages may be sent using an automatic telephone dialing system or other automated technology. Consent is not a condition of purchase.

b  Frequency and charges. Message frequency varies. Message and data rates may apply. Your carrier may impose charges, and you are responsible for them.

c  Eligibility and number ownership. You represent that you are the account holder or customary user of the number and are authorized to consent. You must notify us or opt out before transferring or deactivating the number.

d  Opt out. Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to cancel messages from the applicable program. You may receive one confirmation message. A request using other wording may not be recognized automatically; contact help@playbetter.com if you have difficulty. Opting out of one program may not opt you out of a different PlayBetter program you separately joined.

e  Help. Reply HELP for assistance or contact help@playbetter.com or 888 738 5527.

f  Delivery. Carriers are not liable for delayed or undelivered messages. PlayBetter and its providers do not guarantee delivery, timing, or availability in every location or on every device. We may change the sending number or suspend or terminate a program, subject to applicable law.

g  Privacy and disputes. Personal information is handled under the PlayBetter Privacy Notice. Section 24 of the Terms of Service applies to disputes involving mobile messages, except to the extent applicable law provides otherwise.

Appendix B General Promotion Rules

These General Promotion Rules apply to a PlayBetter sweepstakes, contest, or giveaway unless specific official rules published for that promotion state otherwise. The promotion-specific announcement or rules identify the entry period, method of entry, prizes, winner-selection method, and any additional restrictions. If promotion-specific rules conflict with this Appendix, the promotion-specific rules control.

a  Sponsor. Unless promotion-specific rules identify another sponsor, the sponsor is PlayBetter, 6955 Golden Ring Road, Baltimore, Maryland 21237.

b  Eligibility. Unless stated otherwise, promotions are open only to legal residents of the 50 United States and District of Columbia who are at least 18 years old and the age of majority in their jurisdiction. Employees, officers, directors, agents, and immediate household or family members of PlayBetter and participating promotion partners are not eligible. Promotions are void in Puerto Rico, U.S. territories, and where prohibited.

c  No purchase necessary. A purchase or payment is not required and will not improve the chance of winning. Entries must follow the stated method and be received during the promotion period. Automated, fraudulent, late, incomplete, misdirected, or noncompliant entries may be disqualified.

d  Entry limits. Unless stated otherwise, each person may submit one entry using one email address and one social-media account. Attempts to obtain extra entries through multiple identities, accounts, bots, scripts, or promotion-entry services may result in disqualification.

e  Winner selection and verification. Winners will be selected by the method stated for the promotion, which may be random drawing or judging under published criteria. Odds in a random drawing depend on the number of eligible entries. A potential winner must timely respond, provide eligibility and tax information, and sign required affidavits or releases. Failure to do so may result in selection of an alternate.

f  Prizes and taxes. Prize descriptions and approximate retail values will be stated with the promotion. Prizes are not transferable and cannot be substituted by a winner. PlayBetter may substitute a prize of equal or greater value if the advertised prize becomes unavailable. Winners are responsible for taxes and costs not expressly included.

g  Publicity. Where lawful, a winner’s acceptance of a prize grants PlayBetter permission to use the winner’s name, city and state, likeness, voice, and submitted content for promotion-related publicity without additional compensation. A winner may decline where applicable law provides that right.

h  Release and administration. To the extent permitted by law, entrants release PlayBetter, participating partners, platforms, and their personnel from claims arising from participation or lawful use of a prize, except for claims that cannot be waived. PlayBetter may suspend, modify, or cancel a promotion if fraud, technical failure, security issues, or events beyond its control materially impair its integrity, and may select winners from eligible entries received before the impairment.

i  Platforms. Unless expressly stated, a promotion is not sponsored, endorsed, administered by, or associated with a social-media platform. Entrants release the applicable platform to the extent permitted by law.

j  Privacy and disputes. Information submitted for a promotion is handled under the PlayBetter Privacy Notice and any promotion-specific notice. Sections 24 and 25 of the Terms of Service apply to disputes unless promotion-specific rules lawfully state otherwise.