Welcome to ClubHawthorne.com

Please read the following Terms and Conditions of Account Wagering (“Terms and Conditions”) carefully.

ClubHawthorne also reserves the right to close any wagering account for any reason  at its sole discretion. Upon closing a wagering account, all funds will be returned to the customer account holder via check mailed to the registered address on file with ClubHawthorne.

The address provided by the customer account holder to ClubHawthorne is deemed to be the proper address for the purposes of mailing checks, statements of account, wagering account withdrawals, notices, or other appropriate correspondence unless written notification is on file with ClubHawthorne.

The wagering account is for the exclusive personal use of the named customer account holder only.  No other person may wager or otherwise access the wagering account. The customer account holder agrees to notify ClubHawthorne immediately of any unauthorized use of a customer wagering account, password, PIN or a registration profile.

Only one wagering account per verified person will be allowed.

All customer account holders will adhere to the method or methods of identification that ClubHawthorne may require in order to access a wagering account.

Each wagering account will have a unique account number, which may be changed at any time by ClubHawthorne so long as ClubHawthorne informs the customer account holder in writing of such change. The wagering account may be accessed by the use of a username or an account number and a password or PIN (depending on the method of access) to be used by the customer account holder to confirm the validity of every wagering account transaction. The customer account holder will select a username, secret code or password and PIN upon opening the account. The account number is assigned by the Tote System. The username and the password are used to access the Website. The account number and Secret Code, PIN  or password are used to verify the customer account holder’s identity when using the wagering account at one of Hawthorne’ Illinois OTB venues or discussing the customer’s wagering account with a ClubHawthorne Customer Service representative.

In the event that the customer account holder is unable to recall a wagering account number, password, Secret Code or PIN, ClubHawthorne will use other identifying information to verify the identity of the customer account holder. ClubHawthorne may change the password or PIN at any time without explanation so long as ClubHawthorne informs the customer account holder in writing of such change. Customer account holders may change their passwords, Secret Codes or PINs by emailing Customer Service.

The customer account holder bears the responsibility for maintaining the secrecy of his or her wagering account number, Secret Code, PIN and password.

Customer account holders will be responsible for all wagers placed through their wagering accounts by any person providing the correct identifiers and using the wagering account.

Wagering accounts may not be opened or used in any way for any illegal or improper purpose, including but not limited to:

• Evading any reporting requirement;
• Performing or hiding any criminal or illegal activity;
• Bribery/gratuity, check fraud, credit/debit card fraud, embezzlement/theft, unusual use of checks or wire transfers or false or conflicting ID(s);
• Attempting to wager on an event you cannot or are not supposed to wager on (such as a wager by or on behalf of a participant in the event such as a jockey);
• Activity that does not represent legal gambling activity or does not have a valid business or lawful purpose; or
• Activity that otherwise appears to be suspicious or not within normal wagering activity.

Account Procedures: Wagering, Deposits and Withdrawals

Wagering

ClubHawthorne allows you to wager: (i) with your ClubHawthorne wagering account online (Illinois residents only); (ii) in person at Hawthorne or its off-track wagering branches.

ClubHawthorne has the right at any time and for what it, in its sole discretion, deems good and sufficient reason to refuse to accept all or part of any wager. All wagering conversations and Customer Service conversations shall be recorded by the ClubHawthorne Customer Service center. All wagering transactions shall be recorded, subject to regulatory approval, and stored for a period of time establishing by regulation, or a minimum of one year.

ClubHawthorne commingles with all tracks. In the event that there is a failure to merge pools with another track, according to state law, a separate Illinois pool may be created and Illinois odds will be paid. Illinois odds may differ from track odds. If for any reason the wager is not commingled with the pool at the track or in a separate Illinois pool, the wager will be refunded.

Payments on winning wagers will be posted as credits to the customer wagering account as soon as the race is declared official, barring technical difficulties. As a customer account holder, you are responsible for

verifying proper credits and of notifying ClubHawthorne if you do identify a discrepancy between the statement record and your records. To question a statement entry, please contact Customer Service.

Wagering Online (Illinois residents ONLY)

Go to the Website and sign in using your Username and Password. This will bring you to the main wagering screen.

Cancelling a Wager

Unless restricted by the host track, in MOST cases you can cancel a wager before post by cancelling it online. We are not responsible if tote, our system, or the host tracks tote systems do not accept your cancellation.

Cancelling an Online Wager

To cancel an online wager that meets the above criteria, please follow these steps:

1. Select “My Bets”.
2. Select the wager you would like to cancel by checking the box next to that transaction record.
3. If the wager is eligible for cancellation, the “Cancel Wager” button will display brown. If the wager is ineligible for cancellation, the button will display grey.
4. Select the “Cancel Wager” button.
5. Select “Confirm” to confirm the cancellation request.
6. Cancellation rules are subject to change.

All cancellations are monitored by ClubHawthorne Management and if found to be excessive or an attempt to manipulate pools the account holder risks losing their cancellation privileges or having the account closed entirely.

Wager Cancellation Policy

For questions concerning ClubHawthorne’s wager cancellation policy, please contact Customer Service.

Illinois Surcharge

Effective August 26th, 2012, all licensed ADWs in Illinois including ClubHawthorne.com , are required by the State of Illinois to impose a .18% (.0018) surcharge on winning wagers and winnings from wagers. In addition the IRB requires a minimum surcharge of .20% (.0020).  The combined surcharge is the minimum allowed of .38% (.0038).

Deposits

ClubHawthorne offers several convenient methods for funding your wagering account including:

Online Deposits (available to Illinois residents ONLY)

Online funding methods available include:

• Automated Clearing House (ACH) via electronic funds transfer from a bank account; and
• Visa or MasterCard credit or debit cards
• Credit Card Deposit by phone (GCA- Global Cash Advance)
• Wells Fargo – In Person Deposit
• PayNearMe with cash @ CVS, 7-Eleven, Family Dollar or Casey's General Store

Important Information about ACH: the ACH process allows electronic transfers of funds over the Internet.

There is a $1 fee from ClubHawthorne for the use of ACH; however, ClubHawthorne reserves the right to adjust the fee schedule. You are responsible for any fees charged by your bank.  Fees charged by your bank will not be displayed prior to confirmation of your ACH request.

ACH deposits will be held for up to five (5) business days (excluding Saturdays, Sundays and holidays). Additional information about ACH transfers includes the following:

• The minimum ACH deposit to be accepted is $25.00.
• The maximum ACH deposit to be accepted is $500.00.
• ACH deposit transactions returned for any reason will result in a $25.00 charge to your wagering account, and may result in limits being placed on the amount of future ACH transfers.
• Any fees charged by your financial institution for deposits that are returned unpaid are your responsibility and you agree to repay ClubHawthorne for such fee or charge upon demand.

ClubHawthorne reserves the right to recover unpaid deposits and fees from your ClubHawthorne wagering account. ClubHawthorne may pursue all relief that may be available to it at law or in equity and you agree to pay reasonable attorneys’ fees incurred.

ClubHawthorne reserves the right to lock your wagering account until your unpaid fees and charges are paid to ClubHawthorne.

You represent that the financial institution account you are utilizing for ACH transfers is held in your name and that the funds being deposited are your own.

You take full responsibility for all ACH transfers made to your ClubHawthorne wagering account in accordance with your instructions.

Online Deposit with Credit or Debit Card

• The minimum transaction amount is $10.00; the maximum transaction amount is $500.
• Credit card deposits are credited upon authorization from the issuing bank, and are limited to $1,000 per day, $3,000 per seven days, and $5,000 per 30 days.
• Each deposit is subject to a 3.5% fee and will be deducted from your total deposit. Your bank may charge additional fees.
• Credit cards must be in the name of the account holder and the billing address for the credit card account must match the wagering account holder’s residential address on file for the wagering account.
• Accounts are usually credited within a few minutes of transaction.
• ClubHawthorne and/or the credit card service provider reserves the right to decline any credit transaction.
• Any bank fees or charge backs are the responsibility of the account holder.
• It is recommended that you retain a copy of your funding transaction records and the Website Terms and Conditions.

Wells Fargo – In Person Deposit (Cash Only)

• You can fund your account with cash at any Wells Fargo branch, even if you are not a customer with them.
• Please email customer service for more information.
• No Fees.

Deposit In Person at Hawthorne Race Course or any Hawthorne OTB location

Deposits to wagering accounts can be made in person at Hawthorne Race Course or any Hawthorne OTB location.

The following types of deposits will be accepted in person for deposit into a wagering account:

• Cash;
• Cashier’s check;
• Money order; or
• Winning tote ticket or voucher.

Deposits must be accompanied by a completed deposit slip, which can be obtained at Hawthorne Race Course or any Hawthorne OTB location or can be printed here.

Cash, Cashier’s checks and money orders are posted to the wagering account upon receipt. Winning tote tickets and vouchers are posted to the wagering account once validated by the tote system.

Deposit by Wire Transfer

The minimum amount for wire transfer deposits is $100.00. If you wish to wire funds directly into your wagering account, please contact ClubHawthorne Customer Service for instructions.

There is no fee from ClubHawthorne for deposits by wire transfer; however, ClubHawthorne reserves the right to adjust the fee schedule Deposits by wire transfer are posted to the wagering account upon receipt.

Other Methods of Deposit

The following types of deposits will be accepted through the mail for deposit into a wagering account:

• Personal check;
• Cashier’s check; or
• Money order.

Only checks and money orders should be sent by mail – DO NOT SEND CASH!

Please make checks and money orders payable to: “ClubHawthorne”. Always enter your wagering account number on the “memo” section of the check to ensure accurate posting to your wagering account.

All deposits must be accompanied by a completed, signed deposit slip, which can be obtained at Hawthorne Race Course, any Hawthorne OTB location or can be printed here.  Deposits cannot be processed if the deposit slip is not signed. Please mail checks or money orders with completed, signed deposit slip to:

• Third-party checks;
• Corporate checks;
• Checks drawn on an account under the name of anyone other than the customer account holder;
• Checks returned for insufficient funds; and
• Checks drawn on a non-U.S. bank.

Credit Card Deposit by Telephone Using Global Cash (GCA)

ClubHawthorne offers the ability to fund your wagering account through our arrangement with Global Cash Access. To use this service, follow these steps:

• You must have an active ClubHawthorne Account prior to contacting Global Cash Access.
• Call (877) 782-9994.
• Tell the operator you wish to deposit money into your ClubHawthorne account.
• Provide your ClubHawthorne wagering account number.
• Provide your driver’s license number.
• Provide your credit card information.

Global Cash Access deposits are posted to the wagering account upon receipt of confirmation from Global Cash Access.

You will be charged a 4.5% processing fee for all credit and debit card deposits.

Your bank may charge additional fees.

Deposit Limit: $1000 per day, $3000 per rolling week, $5000 per rolling 30 days.

Funds are available immediately for wagering purposes after being posted to account.

General Information Regarding Deposits

ClubHawthorne reserves the right to charge a fee to process deposit transactions in addition to applicable third-party banking fees.

The minimum initial deposit required is $10, except as otherwise specified herein. No minimum balance is required to maintain a wagering account; however, ClubHawthorne reserves the right to close wagering accounts that have been inactive for three (3) or more months.

If a deposit is for $10,000 or greater, Form #8300 (Report of Cash Payments Over $10,000 Received in a Trade or Business) will be filed by ClubHawthorne with Internal Revenue Service.

ClubHawthorne reserves the right to refuse deposits or to the establishment or maintenance of wagering accounts for any reason that it deems to be good and sufficient.

Wagering accounts are non-interest bearing.

In the event of any dishonored financial instrument, ClubHawthorne may initiate collection proceedings including, but not limited to, employing collection agencies and credit reporting agencies in an effort to collect any fees, charges or expenses incurred due to dishonored financial instruments from the responsible wagering account holder.

ClubHawthorne reserves the right to amend this policy or enforce additional deposit rules and regulations at any time and at its sole discretion.

Withdrawals

Upon presentation of proper identification, a customer account holder can make cash or check withdrawals in person at Hawthorne Race Course, a Hawthorne OTB location, a check withdrawal by submitting a written request through mail to ClubHawthorne Customer Service, or a check withdrawal request submitted online.

Withdrawal by Mail

To withdraw funds with a mailed request, please complete a withdrawal slip, which can be printed here, and mail it to:

Be sure to sign the withdrawal slip, as the withdrawal request cannot be processed without the customer account holder’s signature.

Receipt of Withdrawal Checks

If your wagering account balance is sufficient to cover the requested withdrawal amount, checks will be mailed via first-class mail.

If your wagering account balance is insufficient to cover the requested withdrawal amount, the withdrawal will not be processed.

Withdrawal in Person

Withdrawals must be accompanied by a completed, signed withdrawal slip, which can be obtained at Hawthorne Race Course, a Hawthorne OTB location or can be printed here. The withdrawal request cannot be processed without the customer account holder’s signature. ClubHawthorne reserves the right to ask for photo identification to process a cash withdrawal in person.

Password, Secret Code or PIN Changes

Customer account holders may request to change their wagering account passwords, Secret Codes or PINs by emailing ClubHawthorne Customer Service. Customer account holders will be asked for pertinent account information to verify their identity.

Closing an Account

To close your ClubHawthorne wagering account, please submit a written request including your account number, name, signature and address to:

Any funds in the wagering account will be mailed in the form of a check to the customer account holder upon receipt of the written request.

ClubHawthorne reserves the right to suspend or close any wagering account at any time provided that, when the wagering account is closed, the funds on deposit are returned to the customer account holder, less applicable service charges.

ClubHawthorne reserves the right to close wagering accounts that have remained inactive for a period of six months or longer. Prior to closing, notification will be sent informing the customer account holder that the wagering account is scheduled to be closed.

Upon closing of a wagering account, service charges will apply not to exceed $1.00 per month for wagering accounts with balances of $6.00 or less. Amounts on deposit exceeding $6.00 will be returned in full to the customer account holder via check.

In the event that a customer account holder is deceased, funds in the customer account holder’s account shall be released to the decedent’s legal representative upon receipt of a copy of a valid death certificate and other documents as required.

Ownership of a ClubHawthorne wagering account may not be transferred from one individual to another person or entity.

Tax Reporting and Withholding

Tax Reporting

In general, winning wagers are reportable when the winnings are: (1) $600 or more; and (2) at least 300 times the amount of the wager (or “Reportable Winning Wagers”). Reportable Winning Wagers are filed with the IRS using Form W-2G.

Tax Withholding

If winnings minus the wager exceed $5,000 and the winnings are at least 300 times the wager, then federal income tax must be withheld at a rate of twenty-five percent (25%). Such withholding applies to the total amount of winnings less the amount of the wager, not merely the amount in excess of $5,000. Notwithstanding the foregoing, if a winner fails to provide the correct SSN, federal income tax must nonetheless be withheld at a rate of twenty-eight percent (28%) even though the reportable winning wagers fail to exceed the $5,000 threshold. Any federal income tax withholding is reported using Form W 2G.

Aggregation of Winnings

Winnings from identical wagers are added together for purposes of the reporting and withholding requirements discussed above. If these winnings exceed the threshold for tax reporting purposes, the Tote System withholds at a rate of twenty-eight percent (28%).

State of Illinois Tax Withholding Requirements for Residents

Federal tax rules generally apply with respect to reporting and withholding for Illinois residents. The State of Illinois Department of Revenue Services receives copies of all Illinois resident Forms W-2G filed for Reportable Winning Wagers. In addition, where such Reportable Winning Wagers exceed the state threshold, State income tax is withheld at the rate set by the State of Illinois.

If you are subject to IRS reporting and/or withholding requirements, ClubHawthorne will send you a Form W2-G  summarizing information for tax purposes for the winning wager, less any applicable withholding, being deposited into your wagering account.

Upon written request, ClubHawthorne will provide you with summarized tax information on your wagering activities.

Account Statements and History

Online customer account holders can easily access wagering account statements and a full history of  their account transactions – including wagers, deposits and withdrawals, account balance and end-of-year statements – online at any time. Simply go to the Website and click on My Account.

To request a wagering account statement be mailed to you, please contact ClubHawthorne Customer Service. A written statement of wagering account activity shall be provided annually to all customers.

Live Video & Race Replays

Live video and race replays are available on the Website and can be viewed by customer account holders in good standing only.

There are no fees or wagering minimums required to view race video and replays, however ClubHawthorne reserves the right to adjust the fee schedule.

Account Safety, Security and Player Responsibilities

Wagering accounts are for the personal use of the customer account holder only. The customer account holder is responsible for maintaining the secrecy of the account number, username, PIN, password and all other wagering account credentials.

ClubHawthorne is not responsible for any loss arising from the use by any other person or persons of a customer account holder’s wagering account. The customer account holder must immediately notify ClubHawthorne of a breach or suspected breach of the wagering account’s security.

To minimize security problems as a customer account holder, please follow these guidelines:

• Keep your wagering account number, username, Password, PIN and all other account credentials in a safe place only accessible to you.
• Always logout of the Website when leaving your computer unattended for any amount of time.
• Contact ClubHawthorne Customer Service immediately if you suspect any security breach or wagering account issues.

Website Content

1. Third-Party Content

Certain information available on the Website may be provided by third-party information suppliers that are independent of ClubHawthorne. This information may include the views, opinions, and recommendations of such third parties. ClubHawthorne neither endorses such views or opinions, nor is responsible for the availability, accuracy, currency or reliability of such information including, but not limited to, wagering and race information, and the inclusion of such views or opinions is not intended to provide advice or constitute a solicitation. At no time shall anything contained on the Website be deemed an endorsement or recommendation of any third party or shall constitute any representation as to a third party’s qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will ClubHawthorne or Sportech be liable for any loss or damage caused by your reliance on such third-party information.

2. Hyperlinks

The Website directly or indirectly provides content, hyperlinks and references to external third-party websites. The materials that can be accessed from such websites are not maintained by ClubHawthorne,  ClubHawthorne is not responsible for the content thereof, and you access such third-party websites at your own risk. ClubHawthorne neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such third-party websites or materials. You acknowledge that under no circumstances will ClubHawthorne or Sportech be liable for any loss or damage caused by your reliance on information through a third-party website. At no time shall anything contained on the Website be deemed an endorsement or recommendation of any third party or to constitute any representation as to a third party’s qualifications, services, products, offerings, information or any other content.

Use of Equibase Data and Products

The data used to create the Equibase Products and the TrackMaster® Products are proprietary to and are copyrighted by Equibase Company LLC and Axcis Information Network, Inc., respectively. Unauthorized copying of such data, including modifications thereof, or the creation of programs or products in which such data have been merged or included with other data programs or products, for distribution to third parties, whether gratuitously or for sale, is expressly forbidden. You may be held legally responsible for any proprietary or copyright infringement that is caused or encouraged by your failure to comply with these Terms and Conditions.

You may NOT transfer the Equibase or TrackMaster® Products from one computer to another. You may not distribute copies of the Equibase or TrackMaster® Products to third parties. You may not create derivative works based upon the Equibase or TrackMaster® Products.

The Equibase and TrackMaster® Products are for your use only and may not be transferred to anyone else. In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the Equibase or TrackMaster® Products on a permanent or temporary basis except as expressly provided for herein.

If you breach any of these Terms and Conditions, Equibase and/or ClubHawthorne, in addition to pursuing any other legal remedies available to them, may immediately terminate your right to access the Equibase and TrackMaster® Products and your wagering account.

Your purchase and/or use of the Equibase and TrackMaster® Products indicates your acceptance of these Terms and Conditions.

Charges and Payment

1. In cases which Equibase or TrackMaster® Products are purchased by you, you shall pay all fees and charges incurred through your ClubHawthorne account at the rate(s) then in effect. All fees and charges shall be debited from your ClubHawthorne account, and you shall be solely responsible for their payment. You shall be responsible for all applicable taxes for this purchase.
2. Refunds or credits may be granted at the sole and absolute discretion of ClubHawthorne. Refund or credit requests should be submitted for review to [email protected]. Refunds will be in the form of wagering credit or rewards points, at ClubHawthorne’ sole discretion. In the event of a system failure while you are purchasing or receiving Equibase or TrackMaster® Products, ClubHawthorne will provide a refund or credit for such usage, provided that the relevant Equibase or TrackMaster® Product purchased is not completely received by you.
3. All charges to your ClubHawthorne account shall be denominated in United States currency.
4. By making purchases of Equibase or TrackMaster® Products on the Website, you authorize ClubHawthorne to debit your wagering account.

Governing Law/Disputes

ClubHawthorne is subject to all rules and regulations concerning customer disputes as defined by the laws and regulations of the State of Illinois. All wagers placed on and accepted by ClubHawthorne are accepted in and are deemed to take place in the State of Illinois. To ensure accuracy, ClubHawthorne will maintain electronic recordings of all account wagers and complete records of all customer transactions, and will provide (upon request) a statement of each deposit, withdrawal, debit and credit transacted during the discrepancy period. In terms of computer wagering, ClubHawthorne shall maintain a printable record of the entire transaction. The printed record as wagered by the customer account holder shall be deemed the actual wager.

To ensure quality customer service, ClubHawthorne will promptly address disputes upon receipt. For immediate response to any discrepancies, please contact ClubHawthorne Customer Service during business hours via email. If ClubHawthorne is unable to resolve the matter, you may be asked to complete and submit a discrepancy form (provided by Customer Service) to help pursue the matter further.

Responsible Wagering

Here at ClubHawthorne, we believe that everyone should get enjoyment and excitement from wagering at our venues and through our Internet wagering services. However, we appreciate that gambling may go beyond enjoyment for a small amount of people and become a habit that could cause problems for the individual and those around them. As such, we recognize it is our responsibility to ensure that a responsible attitude towards gambling is taken and we have a number of systems and processes in place to best avoid problems occurring. Please read on to understand how ClubHawthorne is working to ensure responsible gaming.

Under-Age Gambling

To wager with ClubHawthorne, you must be over 18 years of age. We use a variety of tools to verify the age of our players. Any player who provides dishonest information regarding their age automatically forfeits their right to any winnings. All monies wagered will be returned and the appropriate authorities informed. Civil proceedings or criminal prosecution may follow.

Staff Training

Our Customer Service staff receives awareness training on problem gambling issues.

Recognizing Problem Gambling

While the majority of people do wager responsibly, for some, gambling can become a problem. It may help you to keep control by remembering the following:

• Please try to establish limits for purchasing, wagering and losses before you commence gambling.
• Gambling is not advised if it interferes with your daily responsibilities.
• Gambling is not advised if you are in recovery for any dependency or are under the influence of alcohol or any other substance.
• Gambling is not advised if your primary aim is to recoup losses.

If you are concerned that gambling may have taken over your life (or someone else’s) then the following questions may give you some guidance:

• Have others ever criticized your gambling?
• Have you ever lied to cover up the amount you have gambled or time you have spent doing it?
• Do arguments, frustrations or disappointments make you want to gamble?
• Do you gamble alone for long periods?
• Do you stay away from work or college to gamble?
• Do you gamble to escape from a boring or unhappy life?
• Are you reluctant to spend ‘gambling money’ on anything else?
• Have you lost interest in your family, friends or pastimes due to gambling?
• After losing, do you feel you must try to win back your losses as soon as possible?
• When gambling and you run out of money, do you feel lost and in despair, and need to gamble again as soon as possible?
• Do you gamble until your last penny is gone?
• Have you lied, stolen or borrowed just to get money to gamble or to pay gambling debts?
• Do you feel depressed or even suicidal because of your gambling?

The more ‘yes’ answers, the more likely a gambling problem exists.

More information and help with responsible gaming can be found with the Illinois Council on Problem Gambling Helpline: (217)652-9611 or (877)YOU QUIT / (877) 968-7848. It is free, confidential and available twenty-four (24) hours day, seven (7) days a week.

Visit the Council’s website https://illinoisproblemgambling.org/resources/ to access additional information and resources on problem gambling.

Privacy Statement

The protection of your privacy is important to ClubHawthorne. ClubHawthorne pledges to fully meet internationally- recognized standards of personal data privacy protection and to comply with all applicable U.S. law and regulation, including, without limitation, the Electronic Communications Privacy Protection Act, 18 U.S.C. §§2510 et. seq., 2710 et. seq., the Childrens’ Online Privacy Protection Act, 15 U.S.C. §6501 et. seq. ClubHawthorne will collect, retain and use information about you to protect and administer your wagering account and funds and to comply with applicable state and federal laws and regulations. ClubHawthorne does not collect personally identifiable or confidential information about individuals or companies through the use of “cookies”, “spiders”, “web beacons” or other data mining devices except when such individuals specifically provide information on a voluntary basis, for example, in the ClubHawthorne wagering account-opening registration process. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the customer account holder. The information given by you to ClubHawthorne will be used for the purpose stated when collected: such as to process wagers and to communicate with the customer account holder regarding processing of wagers.

If at any point you have submitted membership or registration information that you would like corrected, please contact Customer Service and ClubHawthorne will make commercially reasonable efforts to accommodate your request within forty-eight (48) hours.

As ClubHawthorne expands the range of options and services available, the collection and use of personal data will also change to serve you better. ClubHawthorne therefore reserves the right to modify this Privacy Statement at any time and will post notice of such changes to the Website. If you have any questions or concerns about privacy and security at ClubHawthorne, please contact Customer Service.

ClubHawthorne reserves the right to comply with the lawful order or request of any governmental or judicial body or agency of competent jurisdiction pursuant to applicable law or regulation.

Disclaimer & Limitation of Liability

Every effort will be made to provide correct information, but occasionally errors may occur. ClubHawthorne and its personnel, Customer Service operators, managers, etc., are not responsible if information disseminated, either verbally or written is inaccurate. ClubHawthorne disclaims responsibility for consequences that may result, if any, for such errors.

The Website is provided for your use on an “as is” basis. It is your responsibility to know the laws concerning online gambling in your state of residence. ClubHawthorne and its partners, affiliates, merchants, advertisers,

and information providers make no representations or warranties of any kind, express or implied, as to the operation of the Website or as to the information, content, materials, or products included on the Website. ClubHawthorne makes commercially reasonable efforts to maintain the Website but is not responsible for the results of any defects that exist in the Website, any outages, interruptions, viruses or other harmful components. You should not assume that the Website or its content is error-free or that it will be suitable for the particular purpose that you have in mind when using it. ClubHawthorne and its affiliates, merchants, advertisers, and information providers have no liability in tort, contract, or otherwise (and as permitted by law, product liability), to you and/or any third party. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CLUBHAWTHORNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  CLUBHAWTHORNE

WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY CLUBHAWTHORNE TO PROVIDE ACCESS TO OR USE OF THE WEBSITE, OR ANY OTHER CAUSE WHATSOEVER. ClubHawthorne may, in its sole discretion and at any time, modify or discontinue the Website or any part thereof; limit, terminate or suspend any person’s use of or access to the Website and/or make changes to these Terms and Conditions.

In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, ClubHawthorne’s maximum liability for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim or limited to the fullest extent allowable under Illinois law.

Indemnification

Customer account holders agree to defend, indemnify and hold harmless ClubHawthorne, its officers, directors, employees, affiliates, representatives, third-party contractors, and agents against and from any third-party claims, actions, damages or demands, including but not limited to, reasonable legal and accounting fees, resulting from the user’s use or misuse of the Website, violation of these Terms and Conditions, or any activities related to the Website, or from the user’s violations of the rights of any other user of the Website. Use of the Website is at the user’s own risk. This indemnification shall survive the termination of your ClubHawthorne account.  ClubHawthorne reserves the right to revise these Terms and Conditions, or any part thereof. Use of the service constitutes your acceptance of the revised Terms and Conditions.

General Contact Information