Terms and Conditions
You are purchasing pay-per-view sports analysis which is not subject to any return policy. All sales are final and there are no refunds, warranties or guarantees. In order to complete your order with this web site, you must accept and agree to these terms and conditions.
1. Use of Information. You acknowledge and agree that the information that you will receive from this web site or to which you will be provided access, whether through this web site (or any affiliated web site) or directly, is intended solely for your entertainment purposes, and that the information may not be used except as specifically authorized by this web site in writing. Specifically, you represent and warrant that: a. You will not use the information that you will receive from this web site (regardless of whether you receive such information directly, from this web site or from any affiliated web site) to make any investment or other financial decisions, regardless of whether such decisions relating to investing in this web site. b. You will not reproduce, republish, rebroadcast, retransmit, recast or in any way distribute the information that you will receive from this web site (regardless of whether you receive such information directly, from this web site or from any affiliated web site) anywhere, including without limitation on the Internet (e.g., on other web sites, blogs, newsgroups, chat rooms, discussion forums, message boards and social media services such as Twitter, Facebook and MySpace), via instant or text messaging services (whether Internet- or phone-based), in podcasts, or in any other printed or electronic form, including without limitation radio and television; c. You will not provide or otherwise convey the information that you will receive from this web site(regardless of whether you receive such information directly, from this web site or from any affiliated web site) to any third parties; and d. You will not attempt to reverse engineer, disassemble or decompile this web site (or any affiliate web site), nor will you create any derivative works based upon this web site (or any affiliated web site). You also represent and warrant that you will not use information received from this web site for any unlawful purpose, including without limitation any direct or indirect violation of any municipal, local, state, federal or international law. You acknowledge and agree that but for these various representations, this web site would not provide you with access to information.
2. Subscriptions. You acknowledge and agree that payments made for any subscription access to this web site (and any affiliated web sites) shall be deemed earned in full once you access the subscription-only area of this web site (or any affiliate web sites). You further acknowledge and agree that you shall not be entitled to any refund in the event your subscription is terminated, regardless of the reason for termination. You acknowledge and agree that all sales are final, and that there shall be no refunds and no exchanges. A. All weekly and monthly membership plays are billed automatically every 7 days for the weekly memberships and once per month for the monthly memberships. B. You can cancel at anytime. Just email firstname.lastname@example.org and give them your full name and user name to cancel at anytime. C. All cancellations must be done 24 hours in advance of renewal date.
3. Account Security. As a user of this web site (and any affiliated web sites), you may receive or establish an account (“Account”). You acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your Account, and that you are not permitted to let anyone else use your Account. You further acknowledge that you will not reveal your Account information to anyone else or use anyone else’s Account. You also agree to immediately notify this web site of any unauthorized use of your Account or any other breach of security.
4. Ownership of Intellectual Property. You acknowledge and agree that this web site is and shall remain the owner of all rights, title and interest in and to this web site (and all affiliated web sites) and its content, including without limitation all designs, copyrightable material (regardless of whether such material is copyrightable under the United States Copyright Act, the Berne Union for the Protection of Literary and Artistic Property, the Universal Copyright Convention, and/or any of the laws of any other nation), patentable material (regardless of whether such material is patentable under the laws of the United States and/or any other nation), trademarks and trade dress, droit moral, and confidential and trade secret information (collectively, the “Intellectual Property Rights”), including without limitation all derivatives, improvements, modifications and enhancements thereto, and all Intellectual Property Rights associated therewith. You also acknowledge that all of the personalities (including their names and biographies) depicted on this web site (and any affiliated web sites) were created and are owned by this web site.
5. Confidentiality. You acknowledge that all of the information you will receive from this web site, whether through this web site (or any affiliated web site) or directly, is confidential and constitutes trade secrets (the “Trade Secrets”). At all times during your use of this web site (or any affiliated web site), you shall maintain the confidentiality of the Trade Secrets, shall hold the Trade Secrets in strict confidence, and shall not disclose the Trade Secrets to any third party, nor use for any purpose other than as expressly permitted by this web site. The obligation to maintain confidentiality shall continue for so long as this web site treats the relevant information as being confidential and/or a trade secret.
6. Trademarks. You acknowledge that the various trademarks appearing on this web site (and on any affiliated web sites) are the property of their respective owners, and nothing herein shall be deemed a license or other grant of rights to use such trademarks.
7. Reservation of Rights. Nothing herein shall in any way constituted or be deemed a sale or assignment of rights in, or transfer of ownership from this web site to you, of any right, title and interest in and to the copyrights, patents, trade secrets, trademarks and other rights associated with this web site (and any affiliated web sites). All Intellectual Property Rights associated with this web site (and any affiliated web sites) shall remain this web site’s exclusive property. To the extent that your access to the information on this web site (or any affiliate web sites) is deemed to give rise to an implied license, such license is expressly limited to your personal use of the information consistent with the various restrictions contained herein.
8. Additional Representations, Warranties and Acknowledgements. You represent and warrant that you are twenty-one (21) years of age or older. You also acknowledge that the names of the various authors and writers who create content for this web site may have been changed to protect their privacy.
9. LIMITATIONS OF REMEDIES AND LIABILITY. EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN, THIS WEB SITE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING THIS WEB SITE (OR ANY AFFILIATED WEB SITES) AND ANY INFORMATION THAT YOU MAY RECEIVE FROM THIS WEB SITE (WHETHER DIRECTLY, FROM THIS WEB SITE OR FROM ANY AFFILIATED WEB SITE). YOUR ACCESS TO AND USE OF THE INFORMATION ON THIS WEB SITE (OR ANY AFFILIATE WEB SITES) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE LIABILITY FOR YOUR USE OF THIS WEB SITE (AND ANY AFFILIATED WEB SITES) AND ANY INFORMATION CONTAINED THEREIN, AND THIS WEB SITE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO THE USE OF THIS WEB SITE (OR ANY AFFILIATED WEB SITES). THIS WEB SITE SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF THIS WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
10. Difficulty Ascertaining Damages. You acknowledge and agree that your breach of any of the restrictions relating to the information you may receive from this web site (regardless of whether you receive such information directly, from this web site or from any affiliated web site) is likely to cause this web site irreparable harm, and that the harm caused may not be readily ascertainable (particularly in circumstances where you have republished or disseminated information in violation of the restrictions contained herein). You further acknowledge and agree that if the harm caused by your breach of the restrictions contained herein is incapable of being ascertained with certainty, then in any court action relating to such breach, this web site will be entitled to recover an award of damages of not less than $5,000.00 per instance of disclosure, publication or dissemination of information in violation of these terms and conditions.
11. Indemnification. You agree to defend, indemnify and hold harmless this web site, its officers, directors, employees, representatives, agents, subsidiaries, affiliates and customers against any claim (including attorney’s fees and court costs) relating in any way to any claim relating to your use of the this web site (or any affiliate web site), including without limitation, any claim relating to your use of information obtained from this web site.
12. Termination. You may terminate your subscription at any time prior to its expiration by providing this web site’s customer service with notice of your intention to terminate your subscription. However, you acknowledge and agree, consistent with the provisions of Section 2 above, that early termination of your subscription shall not entitle you to a refund. This web site shall have the right to terminate your subscription immediately and without prior notice in the event of a breach of any of these terms and conditions, and this web site shall be entitled to retain the balance of any paid subscription.
13. Survival. You acknowledge and agree that the restrictions, limitations and remedies contained in Sections 1, 4, 5, 6, 9 and 10 shall survive termination of these terms and conditions and/or your relationship with this web site. 14. General Provisions. These terms and conditions shall be governed by and interpreted under the laws of the State of Texas (without regard to its principles regarding conflicts of laws). The sole and exclusive venue for any action relating to this Agreement or the parties hereto shall be in the state of federal courts in Bexar County, San Antonio, Texas. If any provision herein is found to be contrary to law or otherwise invalid, void or unenforceable, it shall be deemed omitted and shall not affect the remaining terms, which shall remain in full force and effect. These terms and conditions may not be altered or amended except by a written instrument signed by both parties (with any such amendments or changes to be effective only after signed by both parties). You represent that you have read and understood these terms and conditions, and that you agree to be bound by these terms and conditions.