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Terms and Conditions

Green Dice Investments

Terms of Use

Welcome to http://www.greendiceinvestments.com (“website” or “site”), a website for horse racing and sports betting information, analysis, education, ratings and tips. Green Dice Investments is owned and operated by Green Dice Investments P/L ABN: 87 624 788 003 ACN: 624 788 003 (“Green Dice Investments”, “we” or “us”). References to Green Dice Investments includes our directors, employees, agents, assigns, contractors, contributors to our Site (“Contributors”) and our associates and related bodies corporate.

 

All persons using information contained on this site must be 18 years of age or older. By using, visiting or accessing our site, subscribing to our site or purchasing one of the products, services or vouchers via our site, you indicate that you have read, understood and accept these terms and conditions. Our site provides information and tips and is not a gambling site or bookmaking organisation. Our site does not collect, process, transact or payout bets of any kind. We reserve the right to alter these terms and conditions at any time.

 

Access and Registration

We will not be liable if our site or part thereof is unavailable for any reason. Only current, approved and registered members will have access to member-only pages of our site. Acceptance of such subscription is at our absolute discretion. If you choose or are provided with log-in details, a user identification name and/or password (“log-in information”), you must treat this log-in information as confidential and keep it secure. If you become aware of any unauthorised use or compromise of your log-in information, you must notify us immediately. We have absolute discretion to suspend or terminate your account at any time without refund for violation of these terms.

Ownership and Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands such as the “Green Dice Investments” brand, logos and trademarks, information, graphics, material, software, photographs, content, images, sounds, music, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works and content are protected by Australian and International Copyright Laws, and intellectual property laws and treaties around the world. All such rights are reserved. For your own personal reference and use only, you can print off one copy, and you can download extracts, of any page(s) from our site.

 

Betting Information and the contents of our Site constitute our proprietary, confidential information and intellectual property which is only available for your own personal use. In the event that you disclose, publish or share any Betting Information or content on our Site or otherwise provided by us to you as ‘member-only content’ with any third party, or allow your confidential access details to be shared or used by any person other than you, Green Dice reserves the right to pursue you for losses, costs, expenses, damage and/or compensation and any other legal remedies available to us. This non-disclosure obligation is of paramount importance to Green Dice Investments and will be defended by us vigorously. You agree that the purchase of selections from Green Dice Investments are for your own use only and you agree not to provide them to other third-parties including bookmakers, or on-sell them in any form. You agree that Green Dice Investments provides information and takes what measures it can to protect prices for legitimate subscribers and that Green Dice Investments reputation would be damaged by the provision of its selections to other parties due to prices contracting more quickly than they otherwise would. You agree that if you provide selections to any third-parties including bookmakers, or on-sell them, that Green Dice Investments can claim from you an amount equal to the Full Monthly Website List Price x the number of people selections are sent to x the number of months involved x a multiplier to allow for reputational damage, calculated individually for each service where a breach has occurred, as well as all legal fees incurred in satisfying the claim.

 

You will need to pay these damages whether you directly on-sold the tips yourself, sold them through another entity or associate, or even if you simply forwarded them to someone who is on-selling them, with or without your knowledge. The sharing of the tips in any form is strictly prohibited.

Disclaimer and Liability

Green Dice Investments takes all reasonable care in preparing and compiling its information and content displayed on the site. We accept no responsibility however for inaccuracies, typographical errors or completeness of the information displayed on the website, nor warrant the accuracy of the information displayed. All tips, recommendations, suggestions, commentary, predictions, historical summaries, past performance statistics, analysis and/or other information displayed on the site (Betting Information) reflect the subjective opinion of the Contributors and does not constitute advice nor reflect the opinion of Green Dice Investments, even when created or reproduced by us. Green Dice Investments recommends you undertake your own enquiries and research in relation to the validity of the Betting Information. Past performance is no guarantee of future performance. Any monetary investment based on information displayed on our site including the Betting Information is at your own risk. All Betting Information displayed via our site or otherwise, is provided, without any guarantees, conditions or warranties. You should check all information relating to race fields and TAB numbers with an official source. Green Dice Investments shall not be liable to you or any other person for any reliance upon, or direct, indirect or consequential losses, damages, or costs suffered in relation to any of the information, including Betting Information provided by us and/or in relation to any of the products or services we provide. The Contributors or staff/ analysts responsible for compiling any of the membership packages or providing Betting Information can change at times or permanently and this in no way entitles you to have any portion of your membership payment refunded or otherwise changed. To the extent permitted by law, we expressly disclaim and exclude:

 

● All conditions, warranties and terms which might otherwise be implied by statute, common law or the law of equity.

● Liability for any direct, indirect or consequential loss or damage, claims, costs, expenses or injury incurred by any person in connection with our site, including the Betting Information and/or the products and services provided via our site (directly or indirectly).

To the extent permitted by law, our liability is limited:

● In the case of any goods supplied by us, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and

● In the case of any services provided by us, the supply of the services again or the payment of the cost of having the services supplied again.

In no event shall our maximum aggregate liability exceed one thousand dollars (AUD$1,000.00) or the total amount of money paid by a member to Green Dice Investments in the six-month period prior to the date of the claim (whichever is the lower). You hereby indemnify and release us from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs), injuries, losses and/or damages suffered or incurred, or likely to be suffered or incurred, by you or any third party arising from, or which are directly or indirectly related to the use by you or any third party of our site, your misuse of our site, your use or reliance upon the Betting Information and/or in relation to our products or services.

Third-Party Links and offers

Our site may contain hyperlinks, images, banners and advertisements to external websites operated by third parties, which are not under our site’s control. Green Dice Investments is not responsible for the contents of any linked website and/or third-party website. The inclusion of any link on our site does not imply any association with its operators.

Our Pricing Policy

Our prices are all in Australian dollars (AUD) and include GST (Goods and Services Tax). Subscriptions will be indexed in line with the CPI (Consumer Price Index) or can be subject to increases at our discretion at any time. If our prices are updated, we will inform you within two business days. You agree that your membership fees will be deducted by us from your nominated credit or debit account as provided by you and authorize us to debit your membership fees for the duration of your membership term in accordance with the payment schedule advised by us. By providing us with your credit or debit account details, you warrant that you are the authorized cardholder or have the consent of the authorized cardholder.

Auto Rebilling of Membership subscription

We utilise recurring memberships on all packages for your convenience. Your membership will automatically roll over for a further term and be billed to your credit card after your initial membership period has expired unless you cancel yourself, or advise us not charge you at least 1 day prior to the expiry of your membership term. If you fail to do so, we are not liable for any refunds associated with the automatic renewal of any of your subscriptions.

Pausing Services

We allow members to pause services for bona fide reasons, e.g. if they are going on holiday or wish to take a break. You can pause your services for a minimum of 7 days and a maximum of 30 days. After that time, if the expiry date has passed, the services will be terminated. Anyone found abusing the pausing system can be charged immediately for unpaid portions of their membership. Note that if a service needs to be paused due to the suspension or postponement of racing, or due to the analyst taking a break for whatever reason, then we will of course permit pausing for as long as it takes until the service resumes.

Refunds

If you change your mind or make a wrong selection, we will not normally provide a refund, so please choose your package carefully. If an analyst for particular service changes, but the service continues with a new analyst, this in no way entitles you to have any portion of your membership payment refunded or otherwise changed. Memberships are not transferable in any manner regardless of performance, personnel or change of mind. The membership you buy is the membership you get. However, we do consider providing credit to use towards another service if a member wishes to immediately terminate service. We will not provide a refund due to the suspension or postponement of service due to the suspension or postponement of racing, or due to the analyst taking a break for whatever reason. We will simply pause the service until the service resumes (which means you will not be charged during the period the service is paused, and your subscription expiry date will be extended by the period of time the service is paused). However, we may provide you with a credit in the system if you would prefer to immediately terminate the existing service and use the credits towards switching to another service of your choice. If a service is permanently cancelled, you will be offered the opportunity to transfer to any other service of your choice for the remaining period of your membership, or to receive credits for the pro-rate unused period, that you can use at any time in the future. You will not, however, be entitled to a refund. We are always generous in our offers in these circumstances, always offering more value than the pro-rata refund calculation. You are not entitled to a refund for any unused portion of your membership should you decide to cancel. However, you can request a credit to be used at a future date. To cancel your membership, please contact us or do so in the Subscriptions section of the Member Login area. Nothing in these terms restricts the rights which you may have under the Consumer Guarantees in the Australian Consumer Law.

Force Majeure

The following policy applies for events out of our control, such as:

● cyber warfare, cyber attacks, ransomware attacks or cyber-sabotage;

● war, hostilities (whether war is declared or not), invasions, acts of foreign enemies, civil

war, sabotage or piracy;

● rebellion, terrorism, revolution, insurrection, military or usurped power, riots, civil

● commotion or disorder;

● operation of the forces of nature such as earthquakes, hurricanes, lightning, typhoons or

volcanic activity;

● work stoppages

● outbreaks of disease, epidemics, pandemics or quarantine; and

● acts of government authority, whether lawful or unlawful.

If a Force Majeure event impacts on a sporting competition and the season is postponed but officially completed at a later date within the same year (with less rounds), refunds are not applicable, and no time extension will be provided to the relevant sporting service, unless Green Dice Investments decides otherwise at its discretion.If a Force Majeure event impacts on a sporting competition and the season is not able to be completed, refunds are not applicable but a time extension on your end subscription date will be provided to cover for the amount of time or number of rounds that were missed (whichever is most applicable at Green Dice Investments discretion).

If a Force Majeure event impacts on horse racing, refunds are not applicable but the service and memberships will be paused until it can resume (hence no time will be lost and your membership will be extended by the period of time the service had to be paused).

Refer a Friend Program (Affiliate Program)

Green Dice Investments reserves the right to amend, change, review or cancel any member’s account should that member be deemed to have abused or obtained an unfair financial benefit from the Refer a Friend Program.

Profit Guarantee Refund

Our Profit Guarantee Refund applies to Annual memberships only. If the service does not show a profit based on our official results during the period of your subscription, then we will refund the payment you make for your next period's subscription. It is not a refund of that current period's subscription. If you cancel or do not make your recurring payment on or before your subscription recurring date, you are not entitled to the Profit Guarantee Refund.

The Profit Guarantee Refund is for genuine, bona fide ongoing members only. Hence we cannot advise of Profit Guarantee eligibility ahead of the next membership payment, but you can easily check this yourself using the results spreadsheets. Profit Guarantee Refund requests must come after being billed (not before). If the request comes longer than 72 hours after being billed, the refund will be provided as a credit instead. This guarantee is null and void if all signals are not placed, based on your chosen float and a maximum of a 5% fixed-odds stake for each signal posted. If a service changes substantially from one period to the next or the analyst changes for the same type of service, then the profit guarantee does not automatically apply. However, we will assess on a case by case basis and may offer service credits. Profit Guarantees do not apply to free trial periods. Our decision in relation to the profit guarantee is final and no correspondence will be entered into.

Free Trials

Profit Guarantees do not apply to free trial periods. Free Trials cannot be transferred to another service. Free Trials auto recur at the monthly rate once the free trial has completed, however, you can cancel beforehand at any time, there is no lock-in commitment. Winners of multiple free trials must have had an equivalent period of paid services to the number of free trials they have won, or else they are ineligible.

Our Responsible Gambling Policy

Green Dice Investments maintains and projects a strong commitment to providing all our members with quality betting Information, methods and practices. For non-professionals, gambling should be enjoyed as a recreational activity to which genuine profits may be obtained. However, gambling may also cause a problem for some members in some circumstances. Green Dice Investments may at its discretion prevent access to our products and services and our site if we believe any member is displaying behaviour, sending correspondence or giving indications that could be viewed as:

● Indicative of being compulsive.

● Providing us with reason to suspect that the person may have a gambling problem.

● Betting to excessive or unsustainable levels.

● Engaging in practices that could be viewed as being irresponsible gambling, or lacking discipline. If a third party connected to a member contacts us and gives us similar reason to stop, cease or put a membership on hold, Green Dice Investments may at its discretion comply with that request. Green Dice Investments encourages responsible gambling. Green Dice Investments wants members to be in control of their gambling at all times and not allow member’s gambling to control them.  Please ensure that when implementing Green Dice Investments tips, you do so in a controlled manner with the key principle to only gamble what you can afford to lose. If you have a problem and need help then contact G-Line free call 1800 858 858.

Our Security Policy

When purchasing from Green Dice Investments your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology. Information about visitors to our site. We process information about visitors to our site in accordance with our privacy policy.

Linking to our site

To link to our site, you must obtain our written consent. Any such linking to our site must be done in a way that is fair and legal and does not damage our reputation or take advantage of it. Offences such as viruses and hacking

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We recommend that all users of the Internet ensure that they have up to date virus checking software installed.

Other terms

We will not be responsible for any suspension, delay or failure arising from any circumstances outside of our reasonable control.

If any provision in these terms of use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms, which will continue in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver.

Our site is created and controlled by us in the State of New South Wales, Australia and such laws govern these terms.

***IMPORTANT INFORMATION ABOUT MEMBERSHIP SIGNALS***

Sharing your Signals is not permitted. Please take a moment to carefully review our updated Terms of Service and Copyright Policy, which will be accessible on our new website in the coming days. When you join any Green Dice Investments paid investment membership, you are restricted to viewing that content from no more than three (3) devices, only two (2) of which can

be desktop or tablet devices. We use proprietary software to track every device that logs into

your account and if any signals are screenshot or shared from Telegram, you will be removed

immediately. If you breach your device limit or are found to be sharing members only proprietary

information, your account may be suspended or blocked depending on the outcome of an investigation into the matter. In essence, when you join any of our memberships, your login or signals cannot be shared with other people or 3rd-parties.

The thing to think about is, you have PAID for your membership, so why share this valued information to others for FREE, when you can invite them to join our 14-Day FREE TRIAL and if they UPGRADE to a paid membership, you will receive a $50 referral commission for a CLASSIC ANNUAL membership or 20% referral commission, if you refer a CHAIRMANS MEMBERSHIP. If you share Signals, which is exclusive to you and your paid membership, you are not supporting YOUR INVESTMENT and the Green Dice community. This behaviour is not acting with integrity, and this will not be tolerated.

We sincerely thank you for respecting the significant time, effort and investment we've put into building and providing YOU, Australia's #1 Equine Performance Analyst and VIP Tipping Investment Membership - Guaranteed if you follow our proven strategy.

Members Code of Conduct

You accept and understand that our interests are aligned with yours. Unlike most questionable tipping organisations, we do not make money from bookmaker affiliates based on your losing bets. Your memberships are guaranteed via our profit guarantee, and your betting banks are protected by our conservative staking. You receive detailed, quality, unbiased education to improve your punting, and our achievable odds are recorded fairly based on our members approved odds recording methodology that aligns your interests with ours. In return, we expect your support and positive interaction whether that be directly with us, or our analysts via e-mail, in our member chat rooms, or through any other public or private mediums including social media. You will treat all analysts and other members with the utmost respect. Our analysts are professional and profitable but are also human. Negative comments and feedback (which can often come from uneducated sources), has the ability to negatively impact the mindset and results of our analysts. Hence we promote and expect positivity in all interactions from members with us and our team, and you can expect the same in return. Any member not aligning with these principles risks having their membership terminated without refund for breaching this agreement. We absolutely welcome all feedback, questions, concerns and constructive criticism, but respectfully ask that you contact us via e-mail and we commit to responding promptly and comprehensively to address your queries. Member feedback helps us to improve our services and we also conduct annual surveys to gather feedback and always implement improvements on the back of this. However, criticism or queries through any medium that we deem as unfair, unwarranted or deliberately malicious will result in Green Dice Investments taking whatever action it deems fit, including but not limited to removal of loyalty entitlements or immediate termination of your membership for life without refund. Neither having a bad run, nor a losing day, nor any other reason will not be considered acceptable excuses. Our decision will be final, and we will immediately treat such negative public comments as confirmation that you no longer wish to be a member of our exclusive club or any of its services for life.

Your concerns and feedback If you have any concerns about material which appears on our site, please go to the Contact Us section of our website to send us an e-mail to info@greendiceinvestments.com. By using the site and/or signing up to our services you agree to the above terms.

Green Dice Investments Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Green Dice Investments Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Green Dice Investments reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person - a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Green Dice Investments cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Green Dice Investments product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Green Dice Investments. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Green Dice Investments. You must ensure that each of the links between your site and the Green Dice Investments properly utilizes such special link formats. Links to the Green Dice Investments placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a Green Dice Investments product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://greendiceinvestments.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you've earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Green Dice Investments Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Green Dice Investments or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you'll be paid each month. If you haven't earned $20 since your last payment, we'll pay you the following month after you've crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://greendiceinvestments.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Green Dice Investments reserves the right to end the Program at any time. Upon program termination, Green Dice Investments will pay any outstanding earnings accrued above $20.

Termination

Green Dice Investments, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Green Dice Investments service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Green Dice Investments reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Green Dice Investments will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Green Dice Investments to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Green Dice Investments and govern your use of the Service, superceding any prior agreements between you and Green Dice Investments (including, but not limited to, any prior versions of the Terms of Service).