Welcome to Dimers, which includes the website currently located at www.dimers.com, (the "Site") and any digital content, subscription services, and other digital services (collectively, the "Services") of iRival Media LLC and its associated entities ("iRival Media," "Dimers," "we," "our" or "us").

These Terms of Service ("Terms") affect your legal rights and obligations, including, but not limited to waivers of rights, limitation of liability, and your indemnity to us. By accessing or using the Site or the Services, you agree that you have read, understood, and agree to be bound by these Terms, and to the collection and use of your information as set out in the Dimers Privacy Policy.

If you do not agree to any of these Terms or any future terms, do not use or access (or continue to access) the Site or the Services.

IMPORTANT NOTICE: Your use of our Services and the Site is subject to an arbitration provision in Section 16 below, that requires any disputes to be resolved by way of binding arbitration (rather than in court or jury trial) and on an individual basis (and not by class-action), and limits the remedies available in the event of such a dispute.

1. How We Update These Terms of Service

We may modify or update these Terms from time to time, so you should review this page periodically. When we change the Terms in a material way, we will update the "last updated" date at the bottom of this page. Your continued use of the Site or the Services after any such change constitutes your acceptance of the new terms.

2. Subscription Services

Additional terms and conditions may apply to specific purchases or offerings made through the Site or Services, including the Dimers for Business services. If there is a conflict between these Terms and any terms applicable to a specific service or portion of the Site, those specific terms shall control. You agree to abide by all such terms.

  • Dimers Pro Subscription. This premium subscription provides our users based in the United States with unlimited access to "Every Bet, Every Game, Every Day" via the Dimers Services, including, our Prop Bets and Parlay Picker tools, exclusive content, betting trends, and suggested bets.
    • Term: Subscriptions are available in weekly, monthly, or yearly packages (each, a "Term").
    • Fees: Pricing is based on the fee schedule provided at https://www.dimers.com/subscription according to your selected package. Payment will be charged to your chosen payment method at confirmation of purchase at the start of every new billing period for the Term through our third-party provider, Stripe. You are responsible for any applicable taxes. We reserve the right to change our pricing upon prior notice to you via your Dimers account or its associated email address. All payments are non-refundable. We may suspend part or all of your access to the Services for any late payments or due to failed attempts to charge your payment method.
    • Cancellation: You may cancel at any time through the Site before the end of the next billing period. Dimers will not refund or credit any partially used billing periods. When you cancel a Dimers subscription, you will continue to have access to that subscription for the remainder of your applicable billing cycle and the subscription will automatically end.
  • Free Trials or Discounts. If applicable, your Dimers subscription may begin with a free trial or discount. The duration of the free trial or discount period of your subscription will be specified during checkout. Free Trials require at least one valid payment method associated with your account. Unless you cancel the subscription prior to the end of the free trial period, we will charge you the subscription fee for your next billing cycle at the end of the applicable free trial.

We reserve the right to cancel or suspend part or all of our Services or the Site at any time at our sole discretion.

3. Restrictions On Your Use of the Site

You may browse this Site and all associated content solely for your personal use and enjoyment. You may not share your subscription with anyone. Except as expressly provided in these Terms, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without iRival Media's express prior written consent.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of iRival Media, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of iRival Media, including any Dimers account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Site.

Accounts may not be shared and may only be used by one individual per account.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or iRival Media's systems or networks, or any systems or networks connected to the Site or to iRival Media's associated entities.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, "flooding," "spamming," "mail bombing," or "crashing" this Site. In addition, you agree not to use this Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other "hidden text" utilizing iRival Media's name or trademarks without iRival Media's express written consent.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to iRival Media on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site, including, but not limited to, any content or materials contained therein, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of iRival Media or others. Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Any violation of iRival Media's system or network security may subject you to civil and/or criminal liability.

4. Children

OUR SERVICES ARE INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SERVICES FOR ANY PURPOSE. BY USING THE SITE OR THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

5. Sweepstakes, Contests and Promotions

Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and personal information submitted in connection with a sweepstakes, contest, giveaway or other promotion ("Promotion"), shall be subject to the applicable Promotion's "Official Rules" or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit iRival Media to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your personal information with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt-out of receiving further information by clicking on the "Unsubscribe" link included in such emails. Please also note that if you win a Promotion, some of your personal information may be disclosed on a winners list as required by law.

6. Sharing Your Content

  • Your Content. iRival Media allows you to post content on the Site, including comments, photos, blog posts, messages, blog URLs, and other materials. Any content you submit, post, display, or otherwise makes available on the Site, including all Intellectual Property Rights (defined below) therein, is referred to as "User Content." For the avoidance of doubt, any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Services or iRival Media that you provide to us (collectively, "Feedback") is deemed to be User Content.
  • How iRival Media and others can use your User Content. Unless you have entered into a separate assignment agreement with iRival Media, you own all your User Content. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content in all forms and media now or hereafter known for the purposes of operating and providing the Services to you and our users. Nothing in these Terms shall restrict iRival Media's rights under any separate assignment and/or license agreements.
  • Your Responsibility for your User Content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. iRival Media reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. iRival Media takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Site. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. iRival Media is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that iRival Media shall not be liable for any damages you allege to incur as a result of such User Content.
  • User Content Programs. We may provide various opportunities and programs relating to User Content on the Service ("User Content Programs"). Some User Content Programs may require you to submit an application to participate, which iRival Media may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and iRival Media. While iRival Media may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that iRival Media does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions iRival Media may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Service. You are not required to implement any suggestion made by iRival Media regarding your User Content or to perform any requested activity or task, and you.

7. Our Content

  • Intellectual Property Rights. All photographs, images, videos, graphics, trademarks, logos, designs, button icons, scripts, text, music, sounds, code, betting systems, betting percentages, player usage statistics, fantasy systems, fantasy trends, fantasy systems, fantasy-related player salaries, fantasy angles, player usage statistics, historical player performance, odds, lines, stadium weather, player prop predictions, stadium trends, patents, copyrights, mask work, trade secrets, and the arrangement thereof (collectively "Content") is  protected by the intellectual property laws of the United States and/or other applicable countries or jurisdictions and is the property of iRival Media and its licensors.
  • Content. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license or grant to our Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Content, including without limitation any materials or content accessible on the Site or through the Services.
  • Our License to You. Subject to these Terms, we grant you with a non-exclusive, non-transferrable, non-sublicensable, license to use the Site and Services for your personal, non-commercial use only. iRival Media may terminate this license at any time for any reason or no reason.

9. Privacy

Our Privacy Policy applies to use of this Site and the Services. and is referenced here as these Terms of Service.

10. Indemnity

You agree to defend, indemnify, and hold harmless iRival Media and its associated entities and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site or the Services, including, but not limited to, any Content or User Content, (ii) any violation of these Terms of Service or applicable law by you in connection with your use of the Site or the Services, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected materials or User Content utilizing your account information, whether or not known or authorized by you.

iRival Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without iRival Media's prior written consent.

11. Disclaimer of Warranties

You expressly agree that use of the Site and the Services are at your own risk. We provide the Services on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, with respect to the Site or the Services (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). iRival Media makes no warranty that its network will meet your requirements, or that the Services will be uninterrupted, timely, secure, free of viruses or other harmful components or error free, or that defects will be corrected. You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others through the Services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the Services or their unavailability. We make no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from iRival Media or through the Services shall create any warranty not expressly made herein.

Although the information provided to visitors on the Site is obtained or compiled from sources we believe to be reliable, the Site cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to visitors or its suitability for any particular purpose. Neither iRival Media, nor any of its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents, operational or promotional providers, program producers or sponsors are liable or shall have responsibility of any kind to any visitor for any loss or damage that you incur in the event of: (i) any failure or interruption of the Site; (ii) any act or omission of any third party involved in making the Site or the data contained herein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the Site or materials on the Site; (iv) your interaction or submissions on the Site; or (v) from your failure to comply with these Terms, whether or not the circumstances giving rise to such cause may have been within the control of the iRival Media or of any vendor providing software, services or support.

Please be advised that once you leave the Site, your use of the internet will be governed by the terms of service agreements and privacy policies, if any, of the particular site that you are accessing, including those of our operational providers, advertisers, sponsors and promotional partners. iRival Media, its parents, partners, affiliates, subsidiaries, members, directors, officers, employees and agents will not be responsible or liable for the content, activities or privacy practices of the other sites, or any loss or damage that could result from leaving the Site.

You represent and warrant to us that you acknowledge and agree to these terms and will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.

12. Third-Party Links, Sites and Services

The Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by iRival Media. Because iRival Media has no control over such sites and resources, you acknowledge and agree that iRival Media is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that iRival Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

13. Limitations of Liability

In no event will iRival Media, its affiliates or parent companies, and each of their officers, employees, directors, shareholders,  subsidiaries, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Services. We will not be liable for damages which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider's network. In no event shall our liability to you exceed the greater of (a) the total amount of fees you paid us (if applicable) for a period of three months prior to the date you submit a claim; or (b) one hundred dollars ($100.00).

14. Rights to Terminate Use

Upon termination of your account for any reason, we will retain your data in accordance with our Privacy Policy. Even if your account is terminated, be aware that these Terms of Service, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Service, shall survive.

You agree that iRival Media and its associated entities reserve the right, without prejudice to its other rights, to suspend or terminate your use or access of the Site and/or Services at any time where iRival Media has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Service.

You also agree that any violation by you of these Terms of Service may constitute an unlawful and unfair business practice and cause irreparable harm to iRival Media, for which monetary damages would be inadequate, and you consent to iRival Media obtaining any injunctive or equitable relief that iRival Media deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that iRival Media may have at law or in equity.

15. Dispute Resolution

Our customer-service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact iRival Media Customer Support by email to contact@dimers.com. In the unlikely event that you're not satisfied with customer service's solution (or if iRival Media has not been able to resolve a dispute it has with you after attempting to do so informally), except for any dispute relating to our application for injunctive relief or our claims concerning intellectual property infringement, we each agree to resolve those disputes through binding arbitration in accordance with Section 16 below.

Any disputes expressly excluded from arbitration by this Section 15 shall be resolved by applying Delaware law without giving effect to any choice of law provision or rule.

16. Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to resolve any disputes  relating to us, the Services, or the Site, through binding individual arbitration.

  • Pre-Arbitration Negotiations. If we are unable to resolve a dispute through the resolution methods set forth in Section 15 above, you must send us written notice of the dispute, including: (a) the full contact information of the party giving the notice; and (b) detailed factual information so we may evaluate the merits of the claim and the specific relief sought, to: iRival Media LLC, Attn: Legal, 651 N Broad St, 205 #1306, Middletown DE 19709. You agree that following our receipt of such notice, we will attempt to resolve the dispute with you through informal negotiation within sixty (60) business days (the "Negotiation Period"). At the end of the Negotiation Period, and not before, you may commence an arbitration proceeding regarding that claim and only that claim in accordance with these Terms.
  • Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, arbitration will be administered by the AAA and governed by the Consumer Arbitration Rules of the AAA ("AAA Rules") then in force in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org. If there is a conflict between the AAA Rules and these Terms, these Terms shall govern and the arbitrator will be bound by these Terms. The arbitrator and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes.  Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be either Dover, Delaware or New York County, New York at the parties mutual choosing. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  • Waiver of Jury Trial. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and iRival Media are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and iRival Media over whether to vacate or enforce an arbitration award, YOU AND IRIVAL MEDIA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE INDIVIDUAL CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL.

17. State-Specific Provisions

Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. iRival Media may be contacted via email at contact@dimers.com.

18. Miscellaneous

  • Entire Agreement. These Terms, and any additional terms to which you agree when using particular elements of the Services (for example, terms specific to a site within the network of Sites or relating to the payment of fees for certain Services content or services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.
  • Transfer of Rights. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
  • Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of iRival Media and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you with respect to your breach these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For users outside of the European Union Only. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
  • Survival. These Terms, including any dispute resolution terms or limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Site or the Services.

 Last updated: March 5, 2024